Austin, TX Minority-Owned and Women-Owned Business Enterprise Procurement Program

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Austin, TX, US

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Type: Code

Status: Adopted in 1992

Source File: Click here

Text:

CHAPTER 2-9.
MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISE PROCUREMENT PROGRAM.

ARTICLE 1. GENERAL PROVISIONS.
§ 2-9-1 FINDINGS.

The city council hereby adopts the following findings:

(A) The City regularly enters into contracts for the procurement of goods and services of many kinds, for professional and non-professional services, commodities, and for construction. Through its procurement activities, the City has a substantial impact upon the economy of the Austin area.

(B) In 1987, the Economic Development Commission of the City was directed by the city council to review the City’s policies and experiences relating to contracting opportunities for Minority- and Women-Owned Business Enterprises with the City and to suggest revised politics and procedures, if determined necessary.

(C) The Economic Development Commission, through its Small Business and Minority Entrepreneurship Committee, held meetings with representatives of various City departments as well as with interested individuals and organizations, conducted a public hearing and took statements from numerous members of the public.

(D) The Commission found significant disparities between the number of MBEs and WBEs and City contracts awarded to, or subcontracted to, MBEs and WBEs.

(E) The city council found that these disparities resulted from discriminatory practices, thereby impairing the competitive position of MBEs and WBEs with the City.

(F) As a result of the work of the Economic Development Commission in 1987, the city council passed an affirmative action program to address the City’s role in perpetuating the disparities found in the pattern of contract and subcontract awards to MBEs and WBEs.

(G) In 1989, the U.S. Supreme Court, in the case styled City of Richmond v. J.A. Croson Co., held that a local government may redress race discrimination in its contracting activities if it can demonstrate through relevant evidence a compelling governmental interest sought to be remedied, and that the remedies adopted are narrowly tailored to promote that interest.

(H) In response to Croson, in 1992 the city council engaged a consultant to study the City's history and contracting practices, the availability of MBEs and WBEs in the Austin marketplace, and any disparities in the City’s utilization of such businesses. The study was completed in September, 1993, and revealed a history in the Austin area of de jure and continuing de facto racial and gender discrimination in the Austin marketplace. Further, disparities were found between ready, willing and able MBEs and WBEs and the value of contracts they received from the City.

(I) After receipt of the study, the City conducted a series of public hearings at which additional statistical and other evidence of discriminatory practices and acts against MBEs and WBEs was presented.

(J) The city council appointed a community-based Disparity Study Ordinance Committee to review the studies and the law, and to draft programmatic changes to the current ordinance. The committee met over several months and recommended certain changes to the current ordinance.

(K) Based on the evidence provided, the city council determined that:

(1) Prior to the adoption of the City’s 1987 ordinance, there were disparities between the number of qualified MBEs and WBEs ready, willing and able to perform services on City contracts and the number of such businesses actually engaged by the City or the City’s prime contractors.
(2) Despite the implementation of the 1987 ordinance, disparities in the utilization of MBEs and WBEs on City contracts continued to exist.
(3) Although the City has undertaken since 1990 a variety of innovative race- and gender-neutral technical assistance, insurance and bonding programs, race- and gender-neutral programs alone have not been sufficient to remedy the effects of discrimination.
(4) The evidence continues to demonstrate that MBEs and WBEs have been underutilized in contracting opportunities on City contracts as a result of private sector discrimination.
(5) The existence of an exclusionary network in public contracting and other systemic barriers has excluded otherwise qualified MBEs and WBEs from receipt of contracts.
(6) Although the City has made substantial progress in eliminating discrimination in its own contracting practices, discrimination exists in private companies that contract on public projects. As a result of this discrimination, the City has been in the past a passive participant in a system of discrimination and, in the absence of programs to eliminate disparity in utilization, would continue to be a passive participant in such a system.

(L) The City engaged a consultant to conduct an updated study of availability of minority- and women-owned firms within the metropolitan statistical area of the City. The 2003 study indicates that there continue to be minority- and women-owned firms available to perform the work of City contracts and sub-contracts.

(M) In 2003, the City examined various availability and disparity studies conducted for Texas governments. These studies indicate that minority- and women-owned businesses suffer discrimination in access to opportunities in the State of Texas.

(N) Texas law applicable to the City authorizes race- and gender-conscious contracting goals, and if utilized, requires that goals be based on constitutional standards related to the City’s marketplace.

(O) Under these circumstances and based on the factual predicate which has been established after careful study and review, the City still has a compelling governmental interest in remedying the racial and gender discrimination that exists in the market segments in which the City does business, and in ensuring that the City is not a participant in such discrimination, thereby allowing all segments of the Austin community to share in the economic benefits of the City.

(P) The program adopted herein is narrowly tailored to remedy that discrimination.

Source: 1992 Code Section 5-7-1; Ord. 031204-9; Ord. 031204-25; Ord. 031211-11.

§ 2-9-2 POLICY.
It is the policy of the City to provide equal opportunities to all contractors, and to redress the discrimination found in the City’s marketplace and in public contracting against minority- and women-owned business enterprises. The City seeks to encourage their full participation in all phases of City procurement activities and to afford them a full and fair opportunity to compete for all City contracts. The purposes and objectives of this chapter are as follows:

  1. To provide opportunities for MBEs and WBEs to broaden and enhance their range of capacities to do business with the City.
  2. To provide opportunities for MBEs and WBEs to serve as contractors and subcontractors for the supply of goods and services to the City.
  3. To administer this program in a manner consistent with applicable federal and state law.

Source: 1992 Code Section 5-7-2; Ord. 031204-9; Ord. 031204-25; Ord. 031211-11.

§ 2-9-3 ESTABLISHMENT OF PROGRAM.
Based upon the foregoing findings and pursuant to the foregoing declaration of policy, there hereby is established a Minority-Owned and Women-Owned Business Enterprise Procurement Program for the City.

Source: 1992 Code Section 5-7-3; Ord. 031204-9; Ord. 031204-25; Ord. 031211-11.

§ 2-9-4 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply. With the exception of specifically defined terms set forth herein, all words shall have their ordinary and usual meanings. In the event of conflict, the specific definition set out herein shall presumptively, but not conclusively prevail over the ordinary and usual meanings.

(1) ANNUAL PARTICIPATION GOALS. The targeted levels established by the city council for the annual aggregate participation of MBEs and WBEs in City contracts in the procurement categories or market segments to which this chapter applies.

(2) AUSTIN METROPOLITAN STATISTICAL AREA. The specific area defined by the Census Bureau, which is presently limited to Travis, Williamson, Hays, Bastrop and Caldwell Counties.

(3) BID. Quotations, proposals or offers by a bidder or contractor to perform or provide labor, materials, equipment, supplies or services to the City for a price submitted in response to a competitive bidding solicitation issued by the City.

(4) BIDDER. Any business enterprise that submits a bid as defined herein.

(5) BROKER. A person or entity that fills orders by purchasing or receiving supplies from a third party supplier rather than out of its own existing inventory, and provides no commercially useful function other than acting as a conduit between his or her supplier and his or her customer.

(6) BUSINESS ENTERPRISE or FIRM. A corporation, partnership, sole proprietorship, joint venture, joint stock company, professional association or any other legal entity, that is properly licensed and/or otherwise authorized to do business in the State of Texas.

(7) CITY and CITY LIMITS. The City of Austin, Texas and its full purpose annexed boundaries, as the same may be amended from time to time.

(8) CITY MANAGER. The person serving as the chief administrative officer of the City of Austin, Texas, as appointed and serving under Art. V, Section 1 of the Austin City Charter, and includes his or her designee.

(9) CITY MARKETPLACE. The geographic and procurement areas in which the City of Austin contracts on an annual basis.

(10) COMMERCIALLY USEFUL FUNCTION. A firm is responsible for the execution of a distinct element of the work of the contract and carries out its responsibilities by actually performing, managing, and supervising the work involved, or fulfilling its responsibilities as joint venturer. To determine whether a firm is performing a commercially useful function, the City of Austin will evaluate the amount of work subcontracted, normal industry practices and other relevant factors. In determining whether an MBE or WBE firm is performing a commercially useful function, the following considerations shall be counted:

(a) An MBE or WBE performs a commercially useful function when it is responsible for the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the MBE or WBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. The determination that an MBE or WBE is performing a commercially useful function will be determined by the amount of work subcontracted, normal industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing, and other relevant factors.
(b) An MBE or WBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of MBE or WBE participation.
(c) Generally, if an MBE or WBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the MBE or WBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it is not performing a commercially useful function.

(11) CONSTRUCTION CONTRACT. That written agreement between a contractor and the City for the construction, repair, rehabilitation, alteration, conversion or extension of buildings, parks, utilities, streets or other improvements or alterations to real property.

(12) COMPLIANCE PLAN. The plan submitted with the bid or proposal detailing the bidder/proposer’s achievement of the goals or subgoals or its good faith efforts to meet the goals or subgoals for all elements of the solicitation, as defined in Section 2-9-22 (Pre-Award Compliance Procedures).

(13) CONTRACT. Includes any agreement between the City and a contractor to provide or procure labor, materials, equipment, supplies and services to, for or on behalf of the City. Except as otherwise specifically defined in this section, a CONTRACT does not include:

(a) awards made by the City with federal/state grant or City general fund monies to a non-profit entity where the City offers assistance, guidance, or supervision on a project or program and the recipient of the grant award uses the grant monies to provide services to the community;
(b) sales transactions where the City sells its personal or real property;
(c) a loan transaction where the City is acting as a debtor or a creditor;
(d) lease and franchise agreements;
(e) agreements to use City real property;
(f) gifts of materials, equipment, supplies or services to the City;
(g) interlocal or intergovernmental agreements between or among political subdivisions; or
(h) procurements of commodities or services that are sole source by virtue of intellectual property rights or other exclusive rights and for which there are no other subcontracting opportunities.

It is the intent of this program to complement any federally funded contracts subject to a federally promulgated affirmative action program. In these instances, the City shall administer this program to complement the federal program.

(14) CONTRACT AWARDING AUTHORITY. The City official, department, or employee authorized to enter into contracts on behalf of the City.

(15) CONTRACTOR. Any person or business enterprise that submits a bid or proposal to provide labor, goods or services to the City by contract for profit; any person who supplies or provides labor, goods or services to the City by contract for profit; and any person who is a subcontractor under any such contract.

(16) DBE or DISADVANTAGED BUSINESS ENTERPRISE. Defined as provided in 49 Code of Federal Regulation Part 26 or other applicable federal regulations.

(17) DSMBR. The City of Austin's Department of Small and Minority Business Resources.

(18) DIRECTOR. The City official who heads the department which manages the program authorized by this chapter, and the director's successor, and the successor agency or department.

(19) EXPERTISE. Demonstrated skills, knowledge or ability to perform in the field of endeavor in which certification is sought by the business enterprise as defined by normal industry practices, including licensure where required.

(20) FRONT. A business which purports to be an MBE/WBE but that is actually owned, controlled or managed in a manner that is inconsistent with the requirements for certification set out in this chapter.

(21) GOOD FAITH EFFORTS. The actions undertaken by a bidder or proposer to obtain MBE/WBE participation for subcontracting opportunities. Minimum standards are as set forth in Section 2-9-22 (Pre-Award Compliance Procedures).

(22) JOINT VENTURE. An association of two or more persons, or any combination of types of business enterprises and persons numbering two or more, proposing to perform a single contract, in which each joint venture partner contributes property, capital, efforts, and skill and/or knowledge. Joint ventures must have an agreement in writing specifying the terms and conditions of the relationships between the partners and their relationship, risks, and responsibilities under the contract.

(23) LIKE-KIND. For purposes of substitutions of previously designated MBEs and/or WBEs, an MBE for an MBE, if MBE and WBE goals are used in a solicitation; a member of a racial or ethnic group for a member of the same racial or ethnic group, if racial or ethnic subgoals are used in the solicitation; or a WBE for a WBE.

(24) MBE/WBE ADVISORY COMMITTEE. The committee appointed by the city council to serve those functions described in Sections 2-9-13 (MBE/WBE Advisory Committee), 2-9-17 (Procedure for Protesting Denial of Certification or Recertification, or Opposing Decertification as an MBE or WBE), and 2-9-18 (Procedure for Challenging Certification as a MBE or WBE). It is composed as set forth in Section 2-1-381 (Establishment; Members) of the Code.

(25) MANUFACTURER. A firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications.

(26) MINORITY-OWNED BUSINESS ENTERPRISE or MBE. A business including, without being limited to, a sole proprietorship, partnership, corporation, joint venture, limited liability company, or any other business or professional entity:

(a) which is at least 51 percent owned by one or more minority persons, or in the case of a publicly owned business, at least 51 percent of all classes of the stock of which is owned by one or more minority persons;
(b) whose management, policies, major decisions and daily business operations are independently controlled by one or more such minority persons;
(c) which performs a commercially useful function;
(d) the size of which does not exceed the size limits established by rule;
(e) doing business in the City’s marketplace, which is the State of Texas, for at least three months prior to the date of application for certification; and
(f) which is certified by the City of Austin.

(27) MINORITY PERSONS. Those persons, whether citizens of the United States or lawfully admitted resident aliens, who are:

(a) Black or African-American (persons whose origins are in one of the Black racial groups of Africa);
(b) Hispanic (persons whose origins are in Mexico, Central or South America, Spain or any of the Spanish-speaking islands of the Caribbean, regardless of race);
(c) Native American (persons whose origins are in any of the original peoples of North America);
(d) Asian-American (persons whose origins are in any of the original peoples of the Far East, Southeast Asia, the islands of the Pacific or the Northern Marianas, or the Indian Subcontinent);
(e) other groups, or other individuals, found by the director pursuant to rule, to be socially and economically disadvantaged, and to have suffered actual social and economic discrimination and decreased opportunities to compete in City markets or to do business with the City; and
(f) for purposes of contracts funded by other sources, groups found to be eligible for the designation of DBE by such governmental sources.

(28) OWNED, MANAGED AND INDEPENDENTLY CONTROLLED. One or more minority persons or women who own the requisite interest in or assets of a business applying for certification, shall possess the customary incidents of such ownership, including an equivalent interest in profit and loss, and shall have contributed an equivalent percentage of capital or equipment and expertise to the business. Ownership shall be measured as though not subject to the community property interest of a spouse, if both spouses certify in writing that the nonparticipating spouse relinquishes control over his or her community property interest in the subject business (but by doing so is not required to transfer ownership interest or to characterize the property as the separate property of the spouse). The ownership and control of the firm shall be real, substantial, and continuing and shall go beyond the pro forma ownership of the firm as reflected in its ownership documents.

(29) PROCUREMENT CATEGORIES. The groupings by procurement type of the contracts entered into by the City and by which the MBE/WBE goals are to be measured and include construction contracts, professional service contracts, non-professional service contracts and commodity/goods contracts.

(30) PROGRAM. The Minority-Owned and Women-Owned Business Enterprise Procurement Program established by this chapter.

(31) PROJECT PARTICIPATION GOALS. The goals or subgoals established for a particular project or contract and calculated as authorized in Section 2-9-20 (Establishment of MBE/WBE Participation Levels for Individual Contracts).

(32) PROPOSER. A responder to a contract opportunity with the City solicited as a request for proposals or request for qualifications, or any other authorized method other than competitive bid.

(33) REGULAR DEALER. A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. Packagers, brokers, manufacture representatives, or other persons who arrange or expedite transactions are not regular dealers.

(34) SIGNIFICANT LOCAL BUSINESS PRESENCE. A firm has a significant local business presence if it has an established place of business in the Austin Metropolitan statistical area at which one or more of its employees is regularly based. Such place of business must have a substantial role in the MBE’s or WBE’s performance of a commercially useful function. A location utilized solely as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial work function, shall not be construed to constitute a significant business presence.

(35) SUBCONTRACTOR. Any person or business enterprise providing goods, labor or services to a contractor if such goods, labor or services are procured or used in fulfillment of the contractor’s obligations arising from a contract with the City. Subcontractor includes every level of subcontracting required to fulfill a contract with the City. For purposes of this chapter, the term subcontractor includes subconsultants. Subconsultants are persons or business enterprises providing professional services to a prime consultant if such professional services are procured or used in fulfillment of the prime consultant's obligations arising from a contract with the City and includes every level of subconsulting required to fulfill a contract with the City.

(36) SUBGOALS. The targeted levels established by the city council for the annual aggregate participation of each group of minority persons and women in the procurement categories or market segments, or the targeted levels for the participation of each group of minority persons and women as project participation goals established pursuant to Section 2-9-20 (Establishment of MBE/WBE Participation Levels for Individual Contracts).

(37) USER DEPARTMENT. The department or office of the City that is funding the contract for the goods or services procured by a contract and is the consumer of the goods and/or services under contract on behalf of the City.

(38) WOMEN. Those persons, whether citizens of the United States or lawfully admitted resident aliens, who are of the female gender.

(39) WOMEN-OWNED BUSINESS ENTERPRISE or WBE. A business including, without being limited to, a sole proprietorship, corporation, partnership, joint venture, limited liability company, or any other business or professional entity:

(a) which is at least 51 percent owned by one or more women; or, in the case of a publicly owned business, at least 51 percent of all classes of the stock of which is owned by one or more such women. Women who are minority persons, but who for the purposes of certification and recertification choose to be treated as only women will be certified as WBEs;
(b) whose management, policies, major decisions and daily business operations are independently controlled by one or more such women;
(c) which performs a commercially useful function;
(d) the size of which does not exceed size limits established by rule;
(e) doing business in the City’s marketplace, which is the State of Texas, for at least three months prior to the date of application for certification; and
(f) which is certified by the City of Austin.

Source: 1992 Code Section 5-7-4; Ord. 031204-9; Ord. 031204-25; Ord. 031211-11.

§ 2-9-5 ADOPTION OF RULES.

(A) Purpose and scope. The director is delegated the authority under Section 2-9-10 (Duties of Department of Small and Minority Business Resources) of this chapter to administer this chapter, including the authority to formulate and adopt such rules and regulations as may be reasonable, necessary and required to assist in the implementation, administration or enforcement of this chapter. This section provides standards of uniform practice and procedures to ensure public participation in the rule-making process and public notice of rules proposed and adopted for this chapter.

(B) Notice of proposed rules. Proposed rules must be filed with the city clerk before adoption. The city clerk shall post the notice on a central bulletin board at City Hall no later than one day after its receipt and shall note the date and time the notice was posted. The notice shall be mailed to any person or business enterprise that makes a timely request for notice by mail and pays the fee established by ordinance for such notice. Such notices shall be mailed within five days after the date the notice is required to be posted.

(C) Format of notice of a proposed rule. Notice of a proposed rule required by Subsection (B) shall be signed by the director and shall include the following:

(1) a brief explanation of the proposed rule;
(2) the text of the proposed rule, prepared in a manner to indicate changes from the current text;
(3) a citation to the section of this chapter or other authority under which the rule is proposed for adoption, and a certification that the proposed rule has been reviewed by the city attorney and found to be within the director’s authority to adopt;
(4) a request for comments on the proposed rules from the public, listing the name, address and telephone number of the person to whom comments should be submitted and the last date by which comments may be submitted; and
(5) any other statement required by law.

(D) Adoption of proposed rule. Before a proposed rule may be adopted, the director shall provide a period of not less than 30 days after the rule is posted by the city clerk for comment on the proposed rule. The director may use informal conferences as a tool for obtaining the viewpoints and advice of the public concerning a proposed rule. The MBE/WBE Advisory Committee shall have an opportunity to comment on the proposed rule. The director may adopt a rule as proposed, a modified version, or severable portions of a rule as proposed or modified without adopting all provisions as originally proposed. No earlier than 30 days after notice of a proposed rule is posted by the city clerk, the director may adopt a rule by filing a notice of rule adoption with the city clerk. The city clerk shall post the notice on a central bulletin board at City Hall no later than one day after its receipt, shall note the date and time the notice was posted, and shall deliver a copy of the posted notice to the city council.

(E) Format of notice of adoption of rule. The notice of rule adoption required by Subsection (D) shall be signed by the director and shall include the following:

(1) the text of the adopted rule, prepared in a manner to indicate changes from the text of the proposed rule included in the notice required by Subsection (B), if any;
(2) if the adopted rule is different from the proposed rule, a brief explanation of the reasons for the changes;
(3) a reasoned justification of the adopted rule, including a summary of any written comments received from the public, listing the name of the commentor, whether the person was for or against adoption of the rule as proposed, and the reasons why the director may have disagreed with any written comments received;
(4) a citation to the section of this chapter or other authority under which the rule is adopted and how the director interprets these provisions as authorizing the rule;
(5) a certification that the adopted rule has been reviewed by the city attorney and found to be a valid exercise of the director's administrative authority;
(6) the effective date of the adopted rule; and
(7) a statement that the adopted rule may be appealed to the city manager in accordance with Subsection (G) of this section.

(F) Automatic withdrawal of proposed rule. A proposed rule or portion thereof not adopted in accordance with this section is automatically withdrawn 90 days after notice of the proposed was posted if the director fails to adopt, adopt as modified or withdraw the proposed rule. A proposed rule that is withdrawn shall not be adopted until a new notice of proposed rule is provided as set forth in Subsection (B).

(G) Appeal to city manager. Any person may appeal the adoption of a rule to the city manager by filing a written appeal no later than 30 days after notice of adoption was posted with the city clerk. The city clerk shall forward the copy of the appeal to the city manager. Each appeal shall contain the name, mailing address and telephone number of the person appealing, the identity of the rule being appealed and the reasons why the rule should be modified or withdrawn. The adoption of the rule shall be suspended pending a decision on the appeal. The city clerk shall post notice of the appeal and the suspension of adoption on a central bulletin board at City Hall no later than one day after receipt of the appeal. The city manager shall act on the appeal by modifying, affirming, or withdrawing the adopted rule within 60 days after notice of rule adoption is posted. Failure to act within 60 days of the date of notice of rule adoption means the adopted rule is automatically withdrawn.

(H) Format of notice of decision on appeal. The notice of the city manager’s decision on the appeal shall be signed by the city manager and shall include the following:

(1) a statement of the decision made in response to the appeal;
(2) a reasoned justification of the decision, including a summary of the reasons urged on the appeal for modification or withdrawal of a rule and the city manager's reasons for disagreeing with those positions;
(3) if as a part of the decision the city manager modifies a rule, the text of the modified adopted rule, prepared in a manner to indicate the changes in the text of the adopted rule included in the notice required by Subsection (D);
(4) if the adopted rule is modified, a certification that the modified adopted rule has been reviewed by the city attorney and found to be a valid exercise of the city manager's administrative authority; and
(5) the effective date of the modified adopted rule, if any.

(I) Notice of intent to reconsider. If within 15 days after making a decision and complying with the notice requirements of Subsections (D) and (E) the city manager desires to reconsider the decision, the city manager shall provide notice of intent to reconsider to the city clerk. The city manager shall have 30 days from the date of the manager’s notice to reconsider in which to make a decision on reconsideration. The decision made on reconsideration shall be in the format prescribed by Subsection (H).

Source: 1992 Code Section 5-7-5; Ord. 031204-9; Ord. 031204-25; Ord. 031211-11.

ARTICLE 2. PROGRAM MANAGEMENT.
§ 2-9-10 DUTIES OF DEPARTMENT OF SMALL AND MINORITY BUSINESS RESOURCES.
The Minority-Owned and Women-Owned Business Enterprise Procurement Program shall be administered and executed by a Department of Small and Minority Business Resources, whose director shall report to the city manager. The director has final administrative authority over the operations of the program. The duties and function of the Department of Small and Minority Business Resources shall include the following:

(1) Formulating, proposing and adopting rules and regulations for the further development, implementation and monitoring of the program, in accordance with the process established in Section 2-9-5 (Adoption of Rules).

(2) Assuring that MBEs and WBEs are informed of City contracting opportunities.

(3) Providing information and assistance to MBEs, WBEs, and DBEs relating to City procurement practices and procedures and bid specifications, requirements and prerequisites.

(4) Certifying businesses as MBEs, WBEs, and DBEs, maintaining certification records, and ensuring that all City departments have an up-to-date certification register.

(5) Reviewing contractors achievement of the goals or documentation of good faith efforts made to comply with the participation goals for contracts, and rendering decisions on whether good faith efforts have been sufficient.

(6) Working with user departments to monitor contracts to ensure prompt payments to MBEs, WBEs, and DBEs and compliance with participation goals and commitments.

(7) Establishing project participation goals and/or subgoals in accordance with Section 2-9-20 (Establishment of MBE/WBE Participation Levels for Individual Contracts).

(8) Receiving, reviewing, and acting upon complaints and suggestions concerning the program, and reporting violations of this chapter when such violations occur as provided in Section 2-9-26 (Sanctions).

(9) Providing staff support and reports to the MBE/WBE Advisory Committee and forwarding its recommendations to the city manager, city council and City departments to further the policies and objectives of the program.

(10) Reporting the availability of MBEs, WBEs, and DBEs certified by the City to perform contracts for the City.

Source: 1992 Code Section 5-7-10; Ord. 031204-9; Ord. 031204-25; Ord. 031211-11.

(As this chapter is extremely long, this entry represents only a portion. To access the entire document, please refer to the source file.)

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