(A) Preferences shall be given to businesses, which provide their employees a minimum wage equal to or exceeding the minimum wage set forth in § 37.55 ("minimum wage business").
(1) If supplies or services are to be purchased by competitive sealed bidding, and the supplies or services are available from a minimum wage business, the bid price or cost quoted by each minimum wage business shall be reduced by 5% for the purpose of determining the lowest bid price; however, nothing in this section shall be deemed to prohibit the awarding of contracts by Metro Government on the basis of evaluated bid price, as that term is defined in KRS 45A.345; and
(2) If supplies or services are to be purchased by competitive negotiation, and such supplies or services are available from a minimum wage business, the offer price or cost quoted by each minimum wage business shall be reduced by 5% for the purpose of evaluating which offer is most advantageous to Metro Government. In addition, it shall be considered an advantageous factor that an offeror is a minimum wage business.
(B) In order to qualify for the 5% preference under this section, if a contract is for services, and a bidder or offeror uses subcontractors to perform all or part of the work required under the contract, the bidder or offeror shall not subcontract more than 20% of the work to non-minimum wage businesses unless such services are not available from minimum wage businesses.
(C) In the event no bids or offers are received from a non-minimum wage business on any solicitation or where the supplies or services are not available from a minimum wage business, then the preference herein shall not apply. Preferences shall not be allowed where the supplies or services required are not available from a minimum wage business.
(D) If a minimum wage business is awarded a contract under this subchapter, then such business shall post a sign of the applicable minimum wage rate set forth in § 37.55 in a conspicuous place and manner so as to inform employees and the public alike that such business pays its employees wages at least commensurate with the applicable minimum wage rate established by this subchapter
(Lou. Metro Ord. No. 91-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 214-2005, approved 12-12-2005)