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File Number: 13-629 <br />to utilize San Leandro businesses, San Leandro small businesses and/or San Leandro <br />nonprofit businesses; or <br />(2) Identify the particular San Leandro businesses, San Leandro small businesses and/or <br />San Leandro nonprofit businesses and suppliers to be utilized in performing the contract, <br />specifying for each such business the dollar value of the San Leandro business' scope of <br />work in the project or procurement and the type of work the San Leandro business will <br />perform. <br />(3) Evidence of willful failure to enact good faith efforts or intentional misrepresentation of <br />San Leandro businesses' participation as certified in the bid or proposal submitted shall be <br />grounds for finding a breach of contract, subsequent debarment from bidding or proposing on <br />City contracts in the future, and further legal action at the City's discretion. <br />(4) The City is empowered to take actions to ensure compliance with the provisions of this <br />chapter. The actions which the City is empowered to take may include, but are not limited to: <br />(i) Ordering the suspension of the selection process for the award of the contract; <br />(ii) Intervening in the selection process to correct contracting practices which hinder <br />business opportunities for San Leandro businesses, San Leandro small businesses and San <br />Leandro nonprofit businesses; <br />(iii) Declaring the Contractor, Prime Contractor, or Supplier to be nonresponsive and <br />ineligible to receive the award of contract; <br />(iv) Declaring an existing contract terminated; <br />(v) Imposing penalties in the form of liquidated damages. The liquidated damages <br />shall be in an amount equal to ten percent (10%) of the total amount of the contract. All <br />liquidated damages assessed shall be payable to the City upon demand and may be set off <br />against any monies due to the Contractor, Prime Contractor, or supplier from any contract <br />with the City and the City shall have the right to withhold payments due to the contractor to <br />satisfy the penalty. <br />(vi) Disqualifying the Contractor, Prime Contractor or Supplier from eligibility to provide <br />goods or services to the City for a period not to exceed five (5) years. Any business <br />disqualified under this subsection shall have a right to review and reconsideration by the City <br />Manager after two (2) years upon a showing of corrective action indicating that violations are <br />not likely to recur. <br />(h) Incentive Program <br />Per the City Council's findings and stated purpose, the City Manager is authorized to award, <br />at his or her discretion, if funds are available within the project budget, a monetary bonus for <br />any Contractor, Prime Contractor or supplier that exceeds the local Business Participation <br />goal by 100% or more. <br />SECTION 2. SEVERABILITY. This Chapter shall be enforced to the full extent of the <br />City of San Leandro Page 6 Printed on 12123/2013 <br />