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§ 37.58 PENALTY FOR FALSIFYING APPLICATION AS TO MINIMUM WAGE BUSINESS.
   If a business holds itself out as a minimum wage business by indicating so on the invitation to bid form it fills out with the Metro Government pursuant to § 37.57, and is subsequently awarded a contract, then it is later discovered that such information was falsely provided by such business, such business will be liable to the Metro Government equal to 30% of the amount of the contract so awarded. Any decision made by the Purchasing Director under this section which is adverse to a vendor, contractor or applicant for minimum wage certification who has been awarded a contract with the Metro Government may be reviewed by the Secretary of the Cabinet for Finance and Administration at the request of any such vendor, contractor or applicant for minimum wage certification, provided that a request for review shall be in writing, and shall specify with particularity the grounds for the request. Procedures for conducting any such review shall be within the sole discretion of the Secretary of the Cabinet for Finance and Administration and his or her decision after review shall be final.
(Lou. Metro Ord. No. 91-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 214-2005, approved 12-12-2005)
MINORITY, FEMALE, AND HANDICAPPED BUSINESS ENTERPRISES
§ 37.65 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHIEF PROCUREMENT OFFICER. The Chief Procurement Officer.
   CONSTRUCTION. The process of building, altering, repairing, improving, or demolishing any structure or building owned or leased by the Metro Government or other improvements of any kind to any real property owned by the Metro Government.
   CONTRACTOR. Any person, firm, corporation (including handicapped nonprofit), partnership, joint venture, association, or enterprise having a contract or attempting to obtain a contract with the Metro Government.
   DIRECTOR. The Executive Director of the Louisville and Jefferson County Human Relations Commission.
   DISABLED OWNED BUSINESS . A business enterprise legally constituted under the laws of the state, including but not limited to an individual, partnership, corporation (including nonprofit), joint venture, association, or cooperative, which enterprise is not an affiliate or a subsidiary of a business dominant in its field of operation and has employees identified in its own payroll records, working specifically for such entity and which entity is majority owned and controlled by a person or a combination of persons who are disabled.
   DISABLED PERSON . Any person with a physical or mental disability caused by birth defect, bodily injury, illness, or other reason or as certified by a physician, and while constituting a physical or mental impairment is not otherwise related to a person’s ability, either individually or as a participant in a partnership, corporation, joint venture, or other business enterprise, to engage in contractual relations with the Metro Government.
   FEMALE OWNED BUSINESS. A business enterprise legally constituted under the laws of the state, including but not limited to an individual, partnership, corporation, joint venture, association, or cooperative, which enterprise is not an affiliate or a subsidiary of a business dominant in its field of operation and has employees identified in its own payroll records, working specifically for such entity and which entity is majority owned and controlled by a person or a combination of persons who are female and legal residents of the United States.
   LGBT BUSINESS ENTERPRISE. A business enterprise that is at least 51% owned by a lesbian, gay, bissexual, or transgender (LGBT) person or persons; or, in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more LGBT persons; and whose management and daily business operations are controlled by one or more of those individuals
   MINORITY. Any person having ethnic origin in the black racial groups of Africa or a person who identifies as an American Descendant of Slavery; a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish cultures; a person having ethnic origin in any of the original peoples of the Far East, Middle East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, Korea, China, the Philippines, Malaysia, Hawaii, and Samoa; a person having origins in any of the original peoples of North America who is an enrolled member of an Indian tribe recognized as such by the government of the United States or Canada; or a person having origins in the Eskimo or Aleut peoples and who is recognized as such by either a tribe, tribal counsel, or a suitable authority in the community, which authority may be an educational institution, religious organization, or a federal or state agency.
   MINORITY OWNED BUSINESS. A business enterprise legally constituted under the laws of the state, including but not limited to an individual, partnership, corporation, joint venture, association, or cooperative, which enterprise is not an affiliate or a subsidiary of a business dominant in its field of operation and has employees identified in its own payroll records, working specifically for such entity and which entity is majority owned and controlled by a person or a combination of persons who are minorities and legal residents of the United States.
   PROCUREMENT. The buying, purchasing, renting, leasing, or otherwise acquiring of any supplies, equipment, services, or construction. It also includes all functions that pertain to the obtaining of any supplies, equipment, services, or construction, including description of requirements, selection, and solicitation of sources, preparation, and award of contracts, and all phases of contracting administration.
   SECOND CHANCE SUPPORTING BUSINESS. A business whose work force, on average, is composed at least 10% of people who have been convicted of a felony or Class A misdemeanor.
   SUBCONTRACTOR. Any person, firm, corpora-tion (including handicapped nonprofit), partnership, joint venture, association, or enterprise who has or seeks to have a contract with a contractor to perform work required as part of a contract or agreement between the contractor and the Metro Government.
(1999 Lou. Code, § 37.65) (Lou. Ord. No. 140-1988, approved 5-20-1988; Lou. Metro Am. Ord. No. 102-2007, approved 6-4-2007; Lou. Metro Am. Ord. No. 31-2020, approved 3-9-2020; Lou. Metro Am. Ord. No. 185-2022, approved 12-7-2022)
§ 37.66 CERTIFICATION PROCESS.
   (A)   The Executive Director of the Louisville and Jefferson County Human Relations Commission, or his or her designee, shall develop and implement an eligibility process to identify and certify those minority, female, disabled, second chance supporting and LGBT business enterprises as are defined in this subchapter. Any business applying for certification shall have the burden of providing sufficient information and documentation to the Director to demonstrate it is eligible for certification. Failure of the business to provide the information requested by the Director will result in denial or revocation of certification.
   (B)   The Director may establish policies and procedures for accepting certifications from agencies, whether local, regional, or national, which certify minority, female, disabled, second chance supporting, and LGBT business enterprises, if the Director finds such agencies certification standards to be no less rigorous than the Director’s own standards. The Director may recognize business certifications granted by legitimate certifying organizations, provided such organizations have been in the business of certifying LGBT businesses for a period of not less than five years.
   (C)   The Louisville/Jefferson County Human Relations Commission-Enforcement Board shall act as an Advisory Board to the Director in connection with the policies, procedures, and determinations to be made in this subchapter. Any recommendation of the Advisory Board to the Director may be by vote or unanimous written consent.
(1999 Lou. Code, § 37.66) (Lou. Ord. No. 140-1988, approved 5-20-1988; Lou. Metro Am. Ord. No. 102-2007, approved 6-4-2007; Lou. Metro Am. Ord. No. 31-2020, approved 3-9-2020; Lou. Metro Am. Ord. No. 185-2022, approved 12-7-2022)
§ 37.67 EXPENDITURES.
   The Metro Government, by and through its agencies and individual departments, adopts the following minimum goals for the utilization of certified minority, certified female, and certified disabled owned businesses: 15%, certified minority owned businesses; 5%, certified female owned businesses; 5%, certified second chance supporting businesses; 0.5%, certified disabled owned businesses, of its annual procurement expenditures.
(1999 Lou. Code, § 37.67) (Lou. Ord. No. 140-1988, approved 5-20-1988; Lou. Metro Am. Ord. No. 102-2007, approved 6-4-2007; Lou. Metro Am. Ord. No. 31-2020, approved 3-9-2020; Lou. Metro Am. Ord. No. 185-2022, approved 12-7-2022)
§ 37.68 PROCUREMENT FROM BUSINESSES.
   (A)   In any procurement by or on behalf of the Metro Government, where such procurement activity is required to be advertised pursuant to this chapter, all such advertisements shall include, in addition to all other necessary information, the following language: Participation by certified female owned, certified disabled owned, certified minority owned, certified second chance supporting, and certified LGBT owned business entities or utilization by contractors of certified female, certified disabled, certified minority, certified second chance supporting, and certified LGBT owned business enterprises as subcontractors, if the instant contract requires or warrants the use of subcontractors, is strongly encouraged and will be a consideration in determining the award of this contract.
   (B)   (1)   In any procurement by or on behalf of the Metro Government, where such procurement activity is required to be advertised pursuant to this chapter, the Chief Procurement Officer, or a designee, shall advise, in writing, all contractors or participants in such procurement that they are to utilize their best good faith efforts to utilize subcontractors, certified female owned, certified disabled owned, certified minority owned, certified second chance supporting, and certified LGBT owned businesses if the procurement situation requires or warrants the use of subcontractors. Good faith efforts by contractors shall be made to reach the goals established by § 37.67.
      (2)   While the foregoing guidelines on the utilization of certified female, certified disabled, certified minority, certified second chance supporting, and certified LGBT owned businesses as subcontractors are recommended goals, failure to meet such goals will not result in disqualification from participation in the particular procurement process. Contractors, however, will be expected to provide written explanations to the Executive Director of the Human Relations Commission and Chief Procurement Officer of efforts they have made to utilize as subcontractors from certified minority, female disabled, and LGBT owned businesses. Good faith efforts of a potential bidder include, but are not limited to the following:
         (a)   Attendance at pre-bid meetings, if any, scheduled to inform minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises of prime and subcontracting opportunities;
         (b)   Advertisement in general circulation media, trade association publications, minority, LGBT, second chance supporting, and female business enterprise media to provide notice of subcontracting opportunities;
         (c)   Communication with the Human Relations Commission Office seeking assistance and identifying available qualified minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises;
         (d)   Efforts made to select portions of work for minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises subcontracting in areas with established availability or minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises subcontractors;
         (e)   Providing a minimum of ten days written notice to known qualified minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises that their interest in prime and subcontracting opportunities or furnishing supplies is solicited;
         (f)   Efforts to negotiate with qualified minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises for specific sub-bids, including reasons for rejection of any such sub-bids offered;
         (g)   Efforts made to assist qualified minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises meet bonding, insurance, or other governmental contracting requirements; and
         (h)   As to each minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises contacted which the bidder, contractor or vendor, considered not to be qualified, a statement of the reasons for the conclusion.
   (C)   The exercise of these good faith efforts shall establish a rebuttable presumption that a potential bidder has complied with this good faith provision.
   (D)   In any procurements by the Metro Government not required to be advertised pursuant to this chapter, every effort shall be made by the Chief Procurement Officer, or his or her designee, to ensure that certified female owned, certified disabled owned, certified minority owned, certified second chance supporting, and certified LGBT owned businesses are included in the pool of persons or business entities otherwise qualified and considered for the particular procurement.
(1999 Lou. Code, § 37.68) (Lou. Ord. No. 140-1988, approved 5-20-1988; Lou. Metro Am. Ord. No. 102-2007, approved 6-4-2007; Lou. Metro Am. Ord. No. 31-2020, approved 3-9-2020; Lou. Metro Am. Ord. No. 185-2022, approved 12-7-2022)
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