(A) Lake County MBE and WBE businesses.
(1) A LAKE COUNTY MBE/WBE BUSINESS:
(a) Is a MBE or WBE business certified by the State of Indiana's MWBE Division of the Department of Administration;
(b) Has an owner who has resided in Lake County, Indiana or has had a place of business in Lake County, Indiana for at least two years; and
(c) Maintains its State of Indiana MBE/WBE certification during the period it provides goods or services to Lake County, Indiana.
(2) Documentation supporting division (A)(1)(b) shall be provided by the Lake County MBE/WBE business during the purchasing process.
(B) Loss of Lake County MBE/WBE status. A business that fails to maintain its status as a Lake County MBE/WBE shall notify the Lake County Commissioners within five business days after the occurrence of the event.
(C) Utilization of Lake County MBE/WBE businesses. With respect to purchases made with state or federal funds requiring MBE/WBE participation solicitation pursuant to 40 CFR 31.36, and with respect to contracts or subcontracts for construction, or purchases of commodities, supplies, technology, property, goods and services with county funds, the following affirmative steps shall be taken:
(1) Lake County MBE/WBE businesses will be solicited whenever they are potential sources;
(2) Total requirements shall be divided, when economically feasible and permitted by law, into smaller tasks or quantities to permit maximum participation by Lake County MBE/WBE businesses;
(3) Delivery schedules will be established, where the requirements permit, so as to encourage participation by Lake County MBE/WBE business;
(4) If the Lake County MBE/WBE is a prime contractor and is using any subcontractors, the Lake County MBE/WBE will be required to take the affirmative steps listed in divisions (C)(1) through (C)(3) above and shall provide documentation of the affirmative steps taken support its compliance.
(D) Violations; penalties; sanctions. Any firm, individual, partnership or corporation which knowingly or willfully provides false information as required under, or which fails to comply with, the provisions of this section shall be fined not less than $1,000 for each violation for each day that the violation is permitted to continue past the five-working days’ notification period. Any such firm, individual, partnership or corporation which is adjudged by a court of competent jurisdiction to have committed two violations of this section in any consecutive 24-month period shall be prohibited from being awarded a contract or subcontract for any goods or service from the county for a period of 36 consecutive months of the second violation.
(E) Purchasing preference. The following preferences shall apply to a minority business enterprise (MBE) or a women's business enterprise (WBE) for any purchases of any type under I.C. 5-22 or I.C. 36-1-12:
(1) A 5% price preference to be applied for any proposal and/or bid less than $100,000;
(2) A 3% price preference to be applied for everything over $100,000;
(3) A company that is both a MBE and WBE qualifies for both preferences;
(4) If the MBE or WBE is the low proposal or bid, the contract shall be awarded provided that the company is responsive and responsible in its submission;
(5) If the MBE and WBE is not the low proposal or bid, then the preference shall be applied to the dollar total submitted to determine if after the application, the MBE or WBE has submitted a proposal quote or bid price lower than those submitted by other responding vendors. If the computed price with the discount results in the MBE or WBE having a lower computed price, then the contract shall be awarded to the MBE or WBE;
(6) The contract price will be the price submitted by the WBE or MBE and not the price after adjustment for the MBE or WBE preferences.
(Ord. 1405E, passed 2-14-2017; Ord. 1405E-1, passed 5-9-2017)