01-31-11 Community & Economic Development Com

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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 10% MBE & 5% 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 (10%) in the case of minority business enterprises and six percent (5%) 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 prime 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. Sec. 14.5-12. Award of Contracts to WMBE~ 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 14.5-11) 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 shall be given to minority business enterprises located in St. Joseph County. For the purpose of this subsection, an "unreasonable price" is a price above competitive levels which cannot be attributed to the minority business' enterprise's attempt to cover costs inflated by the present effect of disadvantage or discrimination. (2) For the purpose of this subsection, determination of the "lowest and best bid" shall include an evaluation of such factors as the nature of the supplies or services sought, prices of similar products in the relevant market area, minority employment levels achieved by the prospective contracting entities, location of business offices, general conditions in the market area, minority participation in the marketplace and such other factors as may be deemed relevant. Sec.14.5-13 Time Requirements and Procedure for Noncompliance (1) Whenever the Diversity Compliance Officer determines a contractor to be in violation of a provision of this chapter, he shall issue a written finding setting forth such determination and the basis of his decision, together with notice to the contractor of the right to object to the finding. Such written finding shall be served upon the contractor by certified mail at such contractor's last known address. Any contractor taking exception to a finding of the Diversity Compliance Officer first shall attempt to reconcile the situation with the Diversity Compliance Officer. A good faith attempt to achieve informal reconciliation is a prerequisite to the contractor filing a written objection with the City Manager. ~?