(a) The MBE Officer, with input from the Purchasing Agent, may suggest to the City Manager, and the City Manager may determine to exempt MBEs or DBEs from posting bid bonds with their bids and performance bonds with the execution of contracts upon a finding that one or more of the following exist:
(1) The contract is for the purchase of goods, services or construction which is consistent with the bidder's capabilities to perform.
(2) Such waiver does not conflict with compliance of Federal Wages and Hour Act, the Davis Bacon Act or other Federal procedures.
(3) The bidder has a prior record of performance which may be used to determine the bidder's ability to perform.
(b) Nothing contained in this section shall be construed to restrict the applicability of State prevailing wage requirements or to exempt transactions therefrom to the extent that such requirements would otherwise apply and be enforceable.
(Ord. 90-478. Passed 8-28-90.)