(a) The following over all annual goals are established for MBE and DBE participation in contracts awarded by the City:
(1) Eighteen percent (18%) MBE participation in City contracts funded by HUD.
(2) Fourteen percent (14%) DBE participation in City contracts funded by DOT and FAA.
(3) Fourteen percent (14%) DBE participation in City contracts funded by UMTA.
(b) The City Manager shall establish an individual contract goal for each prime contract with subcontracting possibilities which will be funded by HUD, DOT, FAA or UMTA. The City Manager shall consider the known availability of qualified MBE's and DBE's in establishing each individual contract goal.
(c) Each contractor who is awarded a contract, which will be funded by HUD, DOT, FAA or UMTA, shall use its best efforts to meet the individual contract goal established by the City Manager for the contract awarded.
(d) Contractors shall, at a minimum, seek DBE's and MBE's in the same geographic area in which they seek subcontractors generally for a given solicitation. If the contractor cannot meet the goals using DBE's and MBE's from this geographic area, the contractor, as part of its efforts to meet the goal, shall expand its search to a reasonable wider geographic area.
(e) Bidders submitting a bid for any contract shall disclose to the MBE Officer, in writing, the names and addresses of each DBE and MBE firm that will participate in the contract, if awarded to the bidder, a description of the work each named DBE and MBE will perform, and the dollar amount of participation in the contract by each named DBE and MBE. Such discloser shall be made to the MBE Officer prior to award of the contract by the City Commission.
(f) Contractors shall make good faith efforts to replace a MBE subcontractor that is unable to perform successfully with another MBE and replace a DBE subcontractor that is unable to perform successfully with another DBE.
(g) Requests for bids published by the City in connection with projects funded by HUD, DOT, FAA and UMTA shall inform competitors of the information which must be submitted by competitors to demonstrate their ability to comply with MBE/DBE requirements of the City and shall state that compliance with such requirements is a precondition of an award of contract.
(h) The City Manager shall have discretion to decide whether each contractor has exercised its best efforts to meet the individual contract goal. In deciding whether a contractor has exercised its best efforts, the City Manager shall consider the following:
(1) Whether the contractor attended any pre-solicitation or pre-bid meetings that were scheduled by the recipient to inform DBE's and MBE's of contracting and subcontracting opportunities.
(2) Whether the contractor advertised in general circulation, trade association, and minority-focus media concerning the subcontracting opportunities.
(3) Whether the contractor provided written notice to a reasonable number of specific DBE's and MBE's enabling the DBE's or MBE's to participate effectively.
(4) Whether the contractor followed up initial solicitations of interest by contacting DBE's and MBE's to determine with certainty whether the DBE's and MBE's were interested.
(5) Whether the contractor selected portions of the work to be performed by DBE's and MBE's in order to increase the likelihood of meeting the DBE and MBE goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE and MBE participation).
(6) Whether the contractor provided interested DBE's and MBE's with adequate information about the plans, specifications and requirements of the contract.
(7) Whether the contractor negotiated in good faith with interested DBE's and MBE's, not rejecting DBE's and MBE's as unqualified without sound reasons based on a thorough investigation of their capabilities.
(8) Whether the contractor made efforts to assist interested DBE's and MBE's in obtaining bonding, lines of credit or insurance required by the City and contractor.
(9) Whether the contractor effectively used the services of available minority community organizations; minority contractors' groups; local, State and Federal minority business assistance offices; and other organizations that provide assistance in the recruitment and placement of DBE's and MBE's.
(10) Whether the contractor has provided documents and information which the MBE Officer has required the contractor to provide to the City.
(i) If the City Manager decides that a contract awardee has not exercised good faith to meet the contractor's individual contract goal, the City Manager shall recommend to the City Commission that the award of contract to such contractor be revoked.
(Ord. 90-478. Passed 8-28-90.)