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(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 shall <br /> be in an amount equal to ten percent (10%) of the total amount of the contract. All liquidated <br /> damages assessed shall be payable to the City upon demand and may be set off against any <br /> monies due to the Contractor, Prime Contractor, or supplier from any contract with the City and <br /> the City shall have the right to withhold payments due to the contractor to satisfy the penalty. <br /> (vi) Disqualifying the Contractor, Prime Contractor or Supplier from eligibility to <br /> provide 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 not <br /> likely to recur. <br /> (h) 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 funds are available within the project budget, a monetary bonus for any <br /> Contractor, Prime Contractor or supplier that exceeds the local Business Participation goal by <br /> 100% or more. <br /> SECTION 2. SEVERABILITY. This Chapter shall be enforced to the full extent of the <br /> authority of the City. If any section, subsection, paragraph, sentence or word of this chapter is <br /> deemed to be invalid or beyond the authority of the City, either on its face or as applied, the <br /> invalidity of such provision shall not affect the other sections, subsections, paragraphs, <br /> sentences, or words of this chapter, and the applications thereof; and to that end the sections, <br /> subsections, paragraphs, sentences and words of this chapter shall be deemed severable. <br /> SECTION 3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take <br /> effect thirty (30) days after adoption. The City Clerk is directed to publish the title once and post <br /> a complete copy thereof on the City Council Chamber bulletin board for five (5) days prior to <br /> adoption. <br /> ORDINANCE NO.2014-001 6 <br />