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(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.)
The Community Relations Board shall be comprised of five members, each serving a five-year term, appointed by the Mayor with the advice and consent of Council, with its members to include representatives of the public and members of the minority groups and business community. The original appointments shall be for a one-year, two-year, three-year, four-year and five-year term ending on September 30 of each following year, and each appointment thereafter shall be for a full five-year term. The Board shall conduct an annual review of the effectiveness of the Minority Business Enterprise Program and report its finding and recommendations, in writing, to Council, not later than thirty days before the expiration of such Program. The Board shall serve as a review or appeals board to which an aggrieved party may appeal from the decision of the Director of Safety-Service as otherwise provided for in this chapter.
(Ord. 83-233. Passed 11-7-83.)
All bids or offers on prime contracts covered by this section shall include the following:
(a) The name of the employee of the offerer or bidder who will administer the subcontracting program, and a description of the duties of such employee;
(b) A proposed plan for the implementation of the MBE subcontracting goal or requirement of the prime contract, including a description of the records which will be kept and made available to the Office of Equal Opportunity to show compliance with the subcontracting program aspect of the contract; and
(c) A statement that no contract will be awarded until an acceptable plan is reviewed by the OEO and incorporated in the contract. Acceptable plans must, in the opinion of the OEO, provide the maximum practical opportunity for approved MBE participation in the performance of the contract.
(Ord. 83-75. Passed 4-4-83.)
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