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The City Manager shall have the following authority and duties:

A. The administration and enforcement of this article.

B. The establishment of written procedures to effectuate this article.

C. The development of a database of certified SBEs across all construction categories to be maintained as a public record.

D. The establishment and review of applicable SBE goals on a project-by-project basis.

E. The investigation of alleged violations of this article including a party’s failure to act in good faith, and the issuance of written determinations following these investigations stating the reasons for each determination, and which may include the imposition of sanctions.

F. The review of cases where prime contractors fail to implement previously made SBE commitments to determine whether there should be further efforts or alternative approaches, including but not limited to contact with industry, associations, or any pertinent Federal agency, for information concerning the availability of qualified SBEs.

G. The investigation and determination of whether, in the case of a prime contractor’s failure to act in good faith, any of the penalties set forth in Section 18-110 (Failure to meet SBE participation goals) are appropriate.

H. The certification of contractors, subcontractors or bidders as bona fide SBEs, in accordance with the standards set forth in Article VIII.

I. The notification to an affected party that the party has the right to appeal a determination of noncompliance with this article.

J. The maintenance of annual statistical databases on availability and utilization of certified SBEs and non-SBEs including:

1. The level of SBE participation achieved in contracts subject to this article; and

2. The estimated availability of certified SBEs and non-SBE subcontractors ready, able and willing to perform work on City projects. (Ord. No. G-5518, § 1, 2010; Ord. No. G-6742, § 1, 2020)