All contracts for eligible contractors hereinafter entered into by the city shall incorporate a LMFBE clause. This requirement shall be considered to have been complied with when such quoted LMFBE clause is set forth in an exhibit attached to the contract and appropriate language incorporating the exhibit into the contract is set forth in the contract.
(A) The LMFBE clause shall read as follows:
“The contractor agrees to make all good-faith, best efforts to meet the goals of this agreement by making available opportunities for local, minority and female business enterprise participation in the work set forth within this agreement, and shall take the following actions as part of its good-faith, best efforts:
1. Notification to community organizations that the contractor has subcontractor opportunities available and maintenance of records of the organization’s response.
2. Maintenance by the contractor of a file of the names and addresses of each local, minority and female business referred to it and action taken with respect to each such referred business;
3. Dissemination of the contractors local, minority and female business enterprise policy externally by informing and discussing it with all management and technical assistance sources; by advertising in news media specifically including minority news media; and by notifying and discussing it with all subcontractors and appliers.
4. Specific and continuing personnel (both written and oral) recruitment efforts directed at local, minority and female contractor organizations, local, minority and female recruitment organizations and local, minority and female business assistance organizations.
5. Subdivision of the contract into as many segments as practical to allow the greatest opportunity for participation by LBEs, MBEs and FBEs.
6. Increasing, where possible, the number of aggregate purchase items so as to eliminate the requirement of front-end purchases of material for as many LMFBE subcontractors as possible.
7. Adoption of the LBE, MBE and FBE participation program submitted with its response to the invitation for bid or request for proposal obligations under this agreement.
8. Submission of monthly reports on the forms and to the extent required by the Contract Compliance Officer/Personnel Director, to be due on the last day of each month following the award of the work set forth in this agreement.
(B) The contractor further agrees that any breach of the LMFBE provisions contained herein shall subject it to any of the following penalties:
1. Refusal of all future bids for any eligible project with the city or any of its department or divisions until such time as the contractor demonstrates that their has been established and there shall be carried out all of the LMFBE provisions contained herein.
2. Cancellation of the eligible projects.
(‘68 Code, § 2-1706) (Ord. 603, passed 8-15-83)