(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.)