(a) Policy Statement. The Minority Business Enterprise Program (MBE) contained herein has been developed pursuant to Executive Order 11625 of October 13, 1971.
The Summit County Department of Community and Economic Development, in response to legislative and regulatory mandates, affirms its responsibility and commitment to assist in the full development of construction related business resources.
In accordance with that intention, the MBE Program presented here represents this Department's commitment to a policy of equal opportunity for all in the employment of business enterprises. This Department or its subgrantees shall not discriminate against any business organization in the award of any contract because of the race, color, sex, national origin, sexual orientation or gender identity of its managers, employees or owners; and furthermore, affirmative action shall be taken, consistent with sound procurement policies and all applicable laws to ensure that minority-owned businesses are afforded a fair and equal opportunity to be awarded contracts.
The program shall be developed and implemented by the staff of the Summit County Department of Community and Economic Development. However, the Community and Economic Development Department as well as all subgrantees of the community development block grant program shall share in the responsibility of making the County's MBE program a success.
(Ord. 2001-254. Adopted 5-21-01; Ord. 2009-475. Adopted 11-30-09.)
(Ord. 2001-254. Adopted 5-21-01; Ord. 2009-475. Adopted 11-30-09.)
Goals.
An effective MBE program requires that Summit County establish goals which will serve to eliminate the causes which have, in the past, limited minority business participation. The goals which Summit County establishes for the MBE program are:
(1) To ensure that minority business enterprises have the maximum opportunity to participate in all HUD funded contracts and subcontracts; and
(2) To require that all subgrantees make every reasonable effort, consistent with the law, to utilize minority business enterprise in their contracting process.
In order to achieve these goals within a reasonable period of time, the following set of specific MBE program objectives shall be pursued by both Summit County and all program subgrantees who participate in the procurement process.
(1) Develop the necessary inter-departmental commitments within Summit County which shall result in coordinated efforts toward meeting the established goals.
(2) Operate an outreach program to make minority business enterprises aware of the projects to be completed during a program year. This will be accomplished through advertising for contractors, mailouts listing projects, the dates of bid advertising, and various speaking engagements.
(3) Provide opportunities for minority business enterprises to compete in Summit County's Community Development Program.
(4) Require subgrantees to inform potential minority business enterprises of bid notices.
(5) Periodically review the progress of Summit County's minority business enterprise program to assess its effectiveness and make any necessary changes in the program activities to achieve goals.
It is the policy of Summit County that minority business enterprises shall have maximum opportunities to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. The County and its subgrantees agree to provide full and fair utilization of minority business enterprises and shall use its best efforts to insure that minority business enterprises shall have maximum opportunities to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard all subgrantees and prime contractors shall take necessary and reasonable steps to insure that minority business enterprises have an equal opportunity to compete in all contracting activities.
Accordingly, Summit County shall attempt to award approximately ten percent (10%) of all contracts to bonafide minority business enterprises. Nothing in this clause shall be construed to require the utilization of any minority business enterprise which is either not qualified or unavailable.
The minority interest in a business must include significant control over business operation. "Controlling" a business means having most of the actual responsibility for the management decisions and day to day operations. A company that cannot prove actual control, either direct or indirect, by minority business owners, (for example of profits, cash investments, equipment, planning, estimating, hiring, recordkeeping, correspondence, etc.) will not be considered to be a bonafide MBE. A company where the principal person, owners or stockholders are minorities and contributing substantial personal time to such management operations shall be presumed to be a bonafide MBE.
MBE's must not only be minority owned and controlled, but also perform a true business function on the project. "A true business function" means that the MBE must itself effectively perform the work or services or provide the supplies specified under the MBE's contract and not act as a mere conduit. In short, the contractual relationship shall be bonafide as well as the minority ownership and control.
(Res. 81-192. Approved 5-5-81.)
(b) Requirements Concerning Affirmative Action. The minority business enterprise policy is Summit County’s formal commitment to undertake actions specifically planned to ensure equal employment opportunity practices by firms contracting with Summit County or its subgrantees through the Community Development Program. Also, such firms shall take affirmative action to assure that minority business enterprises shall have maximum opportunity to participate in the performance of contracts or subcontracts awarded by Summit County or its subgrantees.
As a result of this commitment each contractor providing services to Summit County or its subgrantees shall meet requirements regarding the submission of an acceptable affirmative action plan for the hiring of minorities, and for the involvement of minority business enterprise.
In the request for proposals and the invitation to bid, the following information shall be submitted with the contractor’s bid response or proposal:
(Ord. 2001-254. Adopted 5-21-01.)
(1) Current workforce analysis; and,
(2) Statement that the bidder does not and will not discriminate in its employment practices because of race, sex, religion, color or national origin; and,
(3) All contractors who bid on projects over ten thousand dollars ($10,000) shall provide Summit County with an acceptable affirmative action plan; and,
(4) If the project mandates MBE subcontracting arrangements, the prime contractor shall designate a minority business enterprise and submit a detailed work breakdown with the contractors bid or proposal.
Information must include:
A. A written agreement between the prime contractor and the minority contractor stating:
1. Name and address of minority contractor and prime contractor.
2. Scope of work to be performed by the minority firm.
3. Signatures of both parties; and,
(5) In cases where a written agreement between the prime contractor and the minority contractor have not been reached prior to the submission of the bid, a letter of intent shall accompany the bid/proposal. However, the written agreement shall be submitted to Summit County before the execution of the contract; and,
(6) Where an offer has been tendered to a minority firm by the prime contractor to participate in a project and the minority firm is unavailable, a letter shall be included in the bid proposal detailing that the firm is unavailable; and,
(Res. 81-192. Approved 5-5-81.)
(7) If a change occurs in the scope of work assigned to the minority firm by the nonminority contractor, or if another minority firm is used as a replacement or additional firm, notification shall be given to the Summit County Department of Community and Economic Development prior to any such changes and/or additions; and
(8) The Summit County Department of Community and Economic Development shall supply, upon request, a list of names of appropriate minority owned firms which may be used or a copy of the MBE Directory can be obtained from the Community and Economic Development Department.
(Ord. 2001-254. Adopted 5-21-01.)
(9) The Summit County Department of Planning and Economic Development shall supply, upon request, a list of names of appropriate minority owned firms which may be used or a copy of the MBE Directory can be obtained from the Planning Department.
(Res. 81-192. Approved 5-5-81.)