03-28-11 Council Agenda & Packet

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(2) 'The goals for minority group employment levels and minority enterprise subcontract levels to be achieved by contractors with the City for construction are hereby set at 18 %. (3) On an annual basis the City Council shall review the levels of minority business enterprise participation for the City's contracting, subcontracting and work force participation, and shall in addition annually review minority population totals and percentages for the St. Joseph County area. After said reviews, the City Council may adjust the percent goals for contracts, subcontracts and work force participation to reflect a more representative share of the minority population or available market of minority business enterprises. (4) In determining the MBE /WBE participation on a contract, the following facts will be taken into consideration: (a) On contracts where the estimated material portion of the contract exceeds thirty percent (60 %) of the project cost and the materials in question are not available to be furnished through City certified MBE /WBE firms, the Diversity Compliance Officer or his designee is authorized to effect reductions in the goals for the project to reflect the unavailability of the materials. It is intended that this provision will only be utilized for projects involving major equipment items such as pipe, equipment, fabrications, etc. (b) The costs of materials which will be used in determining the MBE /WBE participation at the time of bid shall be those estimates as compiled by the City of South `Bend. The City's adjusted goal will be the official goal on any particular project subject only to other provisions of this ordinance. (5) In all instances, any MBE /WBE company performing under a contract with the City of South `.Bend may only claim, as part of his/her MBE/WBE participation, those materials which the company purchases and actually fully installs as part of their responsibility under the contract, if such work is listed as one of the areas of expertise under which the company is certified or recognized to perform. (6) If a certified or recognized material supplier exists, that portion of the contract filled by the supplier will count directly against the 15% MBE & 3% WBE goals and will not be adjusted according to the Project labor Agreement. The percent of the total contract price which is performed by the material supplier shall first be deducted from the City's goals, i.e.: eighteen percent (15 %) in the case of minority business enterprises and six percent (3 1/o) in the case of woman -owned business enterprises. Any remaining MBE /WBE percentage which the material supplier has failed to satisfy shall then be adjusted according to Project Labor Agreement. The prune contractor shall then have to make a good faith effort to provide subcontracts to minority or woman -owned companies, as the case may be, to fulfill the City's goals. See. 14.5 -8. award of Contracts to MINME Enterprises. (1) If, during any fiscal year, bids are being sought by the City for a contract to provide supplies, services or construction and the City has not achieved the goal established in accordance with Section ) of this Chapter, the contract shall be awarded to the lowest bidding minority business enterprise meeting contract specifications unless it appears that the minority business enterprise's bid is unreasonably priced or the minority business enterprise's bid is neither in the best interest of the City nor the lowest and best bid. All other factors being equal, preference