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Page: 7 <br /> <br /> <br />(2) Intervening in the selection process to correct contracting practices which hinder business <br />opportunities for San Leandro businesses, San Leandro small businesses and San Leandro <br />nonprofit businesses; <br />(3) Declaring the contractor to be nonresponsive and ineligible to receive the award of contract; <br />(4) Declaring an existing contract terminated; <br />(5) Imposing penalties in the form of liquidated damages. The liquidated damages shall be in an <br />amount equal to the contractor’s and/or joint venture net profit on the contract, or ten percent <br />(10%) of the total amount of the contract. All liquidated damages assessed shall be payable to <br />the City upon demand and may be set off against any monies due to the contractor from any <br />contract with the City and the City shall have the right to withhold payment due to the <br />contractor. <br />(6) Disqualifying the contractor from eligibility for providing goods or services to the City for a <br />period not to exceed five (5) years. Any business disqualified under this subsection shall have a <br />right to review and reconsideration by the City Manager after two (2) years upon a showing of <br />corrective action indicating that violations are not likely to recur. <br />Incentive Program <br />Per the City Council’s findings and stated purpose, the City Manager is authorized to award, at <br />his or her discretion, if permitted and available within the project budget, a monetary bonus for <br />any prime contractor or supplier that exceeds the local Business Participation goal by 100% or <br />more. At a minimum, should prime contractor of supplier achieve and exceed the Business <br />Participation goal, the entity will receive 100% of bid value. If the entity does not, it will receive <br />90%. <br />