§ 34.02 CONSTRUCTION CONTRACTS; PARTICIPATION BY MINORITY-OWNED BUSINESSES.
   (A)   The village shall have a verifiable goal of 10% for participation by minority businesses in building construction contracts awarded pursuant to G.S. § 143-128.2.
   (B)   (1)   The official, employee or agent responsible for advertising such contracts shall compile a list of minority businesses within the bidding area, using information obtained from the state’s Department of Economic and Community Development, Minority Business Development Agency or from other institutions or agencies providing such information.
      (2)   This list shall be updated on an annual basis and shall be available so that minority businesses will have the opportunity to add their names to the list. Copies of the resolution codified herein shall be transmitted to the businesses on the list as soon as practicable along with the name of the official, employee or agent who shall serve as the contact person for minority businesses and be responsible for answering project related questions posed by minority businesses.
   (C)   For each building contract put out for bids under the separate specification or the single prime contract systems, notice of the contract shall be transmitted to minority businesses on the above list.
   (D)   For each building contract put out for bids under the separate specification or single prime contract systems, documents related to the contract shall be available for inspection at a convenient and accessible location of which minority businesses shall receive notice.
   (E)   For each building contract put out for bids under the separate specification or single prime contract systems, the contract person designated pursuant to division (C) above shall hold a pre-bid conference to orient contractors and subcontractors to the policy expressed in this section as well as bid procedures and regulations. Minority businesses on the list obtained and maintained as provided herein shall be notified of and invited to these pre-bid conferences.
   (F)   For each such building contract put out for bids under the separate specifications or single prime contract system, published notice of the contract shall include a summary of this section.
   (G)   For any such building contract put out for bids under the separate specification contract system, the contact person designated herein shall maintain records with respect to:
      (1)   Those contractors or subcontractors notified of the project and the number of these contractors and subcontractors that are minority businesses, as defined in G.S. § 143-128, appearing on the list of minority businesses maintained pursuant to division (G)(2) below;
      (2)   Those contractors or subcontractors that bid or otherwise respond to notice of the project and the number of these that are on the maintained list of minority businesses;
      (3)   Those contractors or subcontractors awarded contracts as part of the project and the number and identity of those that are on the list of minority businesses; and
      (4)   The percentage of work on the project that is to be performed by minority businesses appearing on the list maintained pursuant to this section.
   (H)   For any such building contract put out for bids under the single prime contract system, the single prime contractor shall:
      (1)   Notify those minority businesses appearing on the list of minority businesses maintained pursuant to division (B) above of the portion of the project which will be subcontracted by the single contractor and solicit bids from those minority businesses;
      (2)   Submit with his or her bids records with respect to:
         (a)   Those subcontractors notified of the project and of those elements of the project for which subcontracts will be let and the number of these subcontractors that are minority businesses, as defined in G.S. § 143-128, appearing on the list of minority businesses maintained pursuant to division (B) above; and
         (b)   Those subcontractors that bid or otherwise respond to notice of the project and the number of these that are on the maintained list of minority businesses.
      (3)   Those subcontractors awarded contracts as part of the project and the number and identity of those that are on the maintained list of minority businesses; and
      (4)   The percentage of work on the project that is to be performed by minority businesses appearing on the list maintained pursuant to this section.
   (I)   These policies shall be a part of the request for proposals for any such contract, and non-compliance by any single prime bidder shall be grounds for declaring the bid non-responsive.
(Res. passed 2-18-2008)