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(a) The Office of Equal Opportunity will certify MBE's which meets the requirements of this chapter for participation in the various programs of the City.
(b) In considering each application for certification, the OEO will determine whether persons represented in the application are members of a minority by reviewing the application and accompanying documentation, the results of staff investigations and other relevant information. Other relevant information may include birth certificates, employment records, OEO and affirmative action records and other evidence of the minority status of persons named in the application.
(Ord. 83-75. Passed 4-4-83.)
(c) In determining whether an applicant meets the requirements for participation set forth in Section 168.02(b), the OEO will review the extent to which minority or women participants have actual rights of ownership and control of the business enterprise, including the proportion of ownership and control over decision making, day-to-day operations and profit and loss. The OEO will review all information relating to the operation, management, accounts and financing of the business enterprise.
(Ord. 83-232. Passed 11-7-83.)
(d) The OEO staff, will certify MBE's using a certification form to be prescribed. Upon acceptance of this form, the staff will conduct a full review and analysis of the form. This review may include interviews and discussions with the applicant or the applicant's representative, a request for the submission of additional documentation or information and an on-site inspection by the OEO staff.
(e) Additional information and documentation may be requested by the OEO in connection with a recertification, compliance review, investigation or other process undertaken as a result of the rules set forth in this chapter.
(f) Certification shall be valid for one year, January 1 to December 31, unless revoked by the OEO. Renewal of certification shall be in accordance with the recertification procedures set forth in Section 168.08.
(g) Minority business enterprises participating in joint ventures must be individually certified in accordance with this chapter.
(h) If an MBE has not been certified by the OEO prior to its participation in a joint venture, the applications for individual certification of the joint venture may be submitted to and reviewed by the OEO simultaneously.
(i) Minority business enterprises must apply for recertification each year and it must be approved by the OEO prior to bidding for any contract.
(Ord. 83-75. Passed 4-4-83.)
(a) All applications for certification must meet the following requirements in order to be accepted by the Office of Equal Opportunity for review:
(1) All applications must be completely filled out.
(2) All required documentation must be supplied.
(3) The application must be notarized.
(b) Any application which does not meet the requirements set forth in subsection (a) hereof will not be accepted.
(c) Upon receipt of an application, the OEO staff will conduct a preliminary review.
(1) If the application is complete, it will be accepted for Division review.
(2) If the application is incomplete, it will be returned to the applicant with a notice indicating the need for additional action or material in order for the application to be accepted for review.
(d) The OEO staff may hold interviews or discussions with an applicant or an applicant's representative as part of the preliminary review process in order to assist the applicant in fulfilling the application requirements of this section.
(e) The staff review may include a financial review of the books and records of the applicant. Each applicant shall be required to grant permission for such a financial review on the application form submitted to the office.
(f) Upon completion of the staff review, the OEO staff shall prepare a report setting forth its findings and recommendations. The report and application shall be submitted for consideration by the staff in making its determination.
(Ord. 83-75 . Passed 4-4-83.)
(a) MBE or WBE certification is effective for one calendar year, beginning January 1 to December 31 of each year.
(b) Every MBE and WBE will have until January 31 after the December 31 expiration date to become recertified if it is not recertified after January 31 the MBE or WBE will not be able to participate in the MBE or WBE Program until recertified. Any MBE or WBE that wishes to participate in a contract must apply for certification at least ten calendar days prior to bid opening.
(c) Applications for recertification shall be sent by certified mail to all certified MBE's and WBE's sixty days prior to bid opening.
(d) Applications for recertification shall meet all of the requirements for application for certification set forth in Section 168.07, with all information, documents, other data and verification updated to the date of the application for recertification
(Ord 87-257. Passed 9-21-87.)
(a) The Office of Equal Opportunity shall establish an education and technical assistance program which is designed to enhance the skills of minority business enterprises and provide assistance by disseminating information on loan availability, by financial counseling and by estimating and providing such general assistance to the minority business community as may be necessary to effectively improve the participation of minority business enterprises in the City's procurement process.
(b) Direct and indirect technical assistance will be provided to minority construction contractors through the OEO. A directory of agencies that might assist such contractors will be kept by the OEO and referrals to these agencies shall be made on an as-needed basis.
(c) Appropriate personnel will be available to answer specific questions and provide instructions for completing the bid documents before the bid closing date.
(d) The OEO, in conjunction with local MBE organizations, will conduct technical assistance workshops and training sessions to acquaint such enterprises with all aspects of the City's procurement process.
(Ord. 83-75. Passed 4-4-83.)
(a) Any person or organization with information indicating unjust participation by an enterprise or individual under this chapter, or who believes that the MBE participation is being improperly applied, should contact the Office of Equal Opportunity and provide a detailed statement, in writing, for the basis of the complaint.
(b) Upon receipt of a complaint, the OEO will attempt to resolve the issues in dispute. If the complainant believes the issues raised have not been satisfactorily resolved, the complainant should contact the Director of Safety-Service.
(Ord. 83-75. Passed 4-4-83.)
(a) Any public contract valued at more than twenty thousand dollars ($20,000) shall provide that the contractor shall award subcontracts to MBE's according to the following minimum percentages of the total dollar value of the contract:
(1) Fourteen percent for construction, repair or maintenance contracts;
(2) Five percent for supplies, services or professional contracts.
(b) Any public contract valued at thirty thousand dollars ($30,000) or more shall provide that the contractor shall award subcontracts to WBE's according to the following minimum percentages of the total dollar value of the contract:
(1) Three percent for construction, repair or maintenance contracts;
(2) Three percent for supplies, services or professional contracts.
(Ord. 87-257. Passed 9-21-87.)
(c) At the time of submission of a bid, the bidder shall complete and attach a commitment to achieve the foregoing minimum participation percentages. Each bidder shall complete and attach a schedule of MBE and WBE participation, showing all minority business enterprises and all women's business enterprises that will participate as subcontractors or joint ventures in this contract, and a signed letter of intent from each MBE or WBE listed on the schedule. Technical errors or omissions may be corrected or completed on forms included in the bid packet within ten calendar days after the bid opening date, provided, however, that there shall be no change in the dollar amount of the bid, or in any of the terms or conditions of the bid, or in the designated MBE or designated WBE. If the prime contractor does not meet or comply with the MBE or WBE percentage goals as provided herein, or as agreed to in any contract entered into between the prime contractor and the City, including any exhibits or attachments thereto, then the City at its sole option, may withhold from the prime contractor an amount not to exceed the MBE or WBE percentage goals as agreed to by the prime contractor in its contract with the City, including any exhibits or attachments thereto.
(Ord 89-279. Passed 12-18-89.)
(d) The Mayor may authorize a partial or total waiver of the subcontracting requirements upon application and demonstration by the contractor that there are not sufficient qualified MBE's or WBE's reasonably available to the contractor to fulfill the minority or women's subcontracting requirements, or that no meaningful portion of the contract being awarded may be completed by a subcontractor.
(e) For supplies, service or professional contracts, if there is no supplier on the list of certified MBE and/or WBE suppliers, the City may give an exemption from the requirements of this chapter through the Office of Economic Opportunity.
(Ord. 87-257. Passed 9-21-87.)
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