(a) Each Bidder for a Contract shall make a good-faith effort to utilize certified CSBs, MBEs, and FBEs in a percentage that equals or exceeds the applicable goal.
(b) The City and each Contracting Department in soliciting bids and approving, awarding, and administering a Contract exceeding or reasonably anticipated to exceed the Contract amount above which Charter Section 108 requires ordinance authority shall comply with the following requirements:
(1) Each Bid invitation, request for proposals and other solicitation for a Contract shall require each Bidder to complete and submit with its bid or proposal the representations, documentation, and schedules the Director specifies for the Bidder to identify its efforts to utilize CSBs, MBEs, and FBEs in a percentage that equals or exceeds the applicable goal. The Bidder shall keep such records of its efforts as the Director specifies are adequate to permit determination of a successful Bidder’s compliance with this section.
(2) If a bid invitation or request for proposals contains alternates, the percentage of CSB, MBE and FBE participation in the prospective Contract will be computed upon the total dollar amount of the Contract as awarded, including the cost of alternates the Contracting Department recommends for award.
(3) If a Bidder is unable to achieve the goal for CSB utilization or MBE and FBE utilization for a particular Contract, the Bidder may request an exception to the goal under division (a) of Section 187.13.
(4) Prior to execution of a Contract, a Bidder shall submit to the City such additional documents as the Director may specify to identify the particular CSBs, MBEs, FBEs and other subcontractors it will use under the Contract, and to specify the dollar and percentage value of each subcontractor’s participation, the type of work or services to be performed, and such other information as the Director may reasonably require to determine whether the Bidder meets the applicable CSB, MBE, and FBE participation goals.
(c) All Contracts shall require the Contractor to:
(1) Use certified CSBs, MBEs, and FBEs in performing the Contract according to the participation identified in its bid or proposal, subject only to any substitution and waiver granted under division (b) of Section 187.08;
(2) Make a good-faith effort to maintain and increase the use of CSBs, MBEs, and FBEs during performance of the Contract;
(3) Maintain such records as the Director requires that demonstrate compliance with this chapter’s and the Contract’s requirements relating to CSB, MBE, and FBE participation;
(4) Comply with all provisions of this chapter. Any failure of the Contractor or any subcontractor to comply with applicable provisions of this chapter shall constitute a material breach;
(5) Whenever a Contract is amended or modified, any change order is issued, or subsidiary agreement is authorized increasing the total original Contract cost by more than ten percent (10%,) comply with this chapter regarding the work, services, or supplies to be paid for through such amendment, modification, change order, or subsidiary agreement to ensure that it maintains the same percentage of CSB, MBE, and FBE participation identified in its bid or proposal in performing the additional work, services, or supplies.
(d) To be considered lowest and best or lowest responsible, a Bidder shall disclose with its bid or proposal such information as the Director requires in the Regulations to demonstrate the extent to which, in contracts not within the purview of this chapter, the Bidder has awarded subcontracts to CSBs, MBEs, and FBEs.
(Ord. No. 77-08. Passed 2-4-08, eff. 3-15-08)