(a) Goals shall be established for MBE participation in contracts awarded by the City in the following areas:
MBE participation in contracts funded by HUD.
MBE participation in contracts funded by the State of Ohio.
MBE participation in contracts financed with City funds.
When a project is wholly financed with City funds, MBE participation goals may be satisfied either by meeting the MBE percentage referred to previously in this chapter or by the general contractor employing a same or greater percentage of minority workers on the project.
When a project has state or federal funding, a pre-set minority requirement included in an applicable grant agreement shall supersede the City's goal.
Each goal shall be set on a percentage basis and the percentage basis shall be determined as follows:
Fifteen percent (15%) MBE participation in construction contracts;
Fifteen percent (15%) MBE participation in procurement of supplies, equipment, services and concession contracts.
These goals shall be reviewed and adjusted annually by the Minority Contracting Committee which is hereby established and which shall, and does, consist of the following:
(1) Mayor
(2) Director of Public Service and Safety
(3) Equal Employment Coordinator
(4) Executive Director of Community Development and Urban Renewal Department
(5) Director of Engineering, Planning and Building
(6) Director of Service Operations
(7) One member from City Council, who shall be the chairperson of Council's City and Community Development Committee.
The Minority Contracting Committee shall consider the known availability of qualified MBE's in establishing each goal.
(b) Each contractor who is awarded a contract shall use its best good faith efforts to meet the goal established by the City for the contract awarded.
(c) Each contractor shall, at a minimum, seek MBE's in the Trumbull County area. If the contractor cannot meet the goals using MBE's from this geographic area, the contractor, as part of its efforts to meet the goal, can expand its search to a reasonable wider geographic area, or under City-funded dollars the workforce approach can be used.
(d) Each contractor shall make good faith efforts to replace an MBE subcontractor, that is unable to perform successfully, with another MBE.
(e) Requests for bids published by the City shall inform potential bidders of the information which must be submitted to demonstrate their ability to comply with MBE requirements of the City.
(f) The EEC shall decide whether each contractor has exercised its best, good faith efforts to meet its MBE contract goal. In deciding whether a contractor has exercised its best good faith efforts, the EEC shall consider each of the following:
(1) If a pre-solicitation and/or pre-bid meeting was held, whether the contractor attended any meetings that were scheduled to inform MBE's of contracting and subcontracting opportunities.
(2) Whether the contractor advertised in general circulation, trade association, and minority-focus media, as available, concerning the subcontracting opportunities.
(3) Whether the contractor provided written notice to a reasonable number of specific MBE's enabling the MBE's to participate effectively.
(4) Whether the contractor followed up initial solicitations of interest by contacting MBE's to determine, with certainty, whether the MBE's were interested.
(5) Whether the contractor selected portions of the work to be performed by MBE's in order to increase the likelihood of meeting the MBE goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate MBE participation).
(6) Whether the contractor provided interested MBE's with adequate information about the plans, specifications and requirements of the contract.
(7) Whether the contractor negotiated in good faith with interested MBE's, not rejecting MBE's as unqualified without sound reasons based on a thorough investigation of their capabilities.
(8) 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 MBE's.
(9) Whether the contractor has provided documents and information which the EEC has requested the contractor to provide to the City.
The general contractor has an obligation to contract with qualifying minority contractors and vendors in the Trumbull County area. In the event no minority contractors or vendors are available in its scope of work or services, and the general contractor has documented that they have exhausted all means possible to contact qualified MBE's in the Trumbull County area, depending on the funding, the general contractor then may request a waiver from the EEC.
(g) If the EEC decides that a contract awardee has not exercised its best, good faith efforts to meet the contractor's individual contract goal, the EEC shall recommend to the City Board of Control that the award of contract to such contractor be revoked or otherwise nullified.
(Ord. 10710/94. Passed 9-28-94.)