[Amended 3-14-1996 by Ord. No. MC-3186]
In the event of failure by a developer/contractor to meet the minority and City resident work force requirements and the minority business enterprise requirements set forth in Articles III and IV of this chapter the developer/contractor shall be given an opportunity to demonstrate that every good faith effort has been made to meet these requirements. In any proceeding in which such good faith is an issue, all of the actions of the developer/contractor in seeking to comply with these requirements shall be reviewed and evaluated by the Affirmative Action Review Council in light of the criteria set forth below. Compliance with these conditions shall be monitored by the Affirmative Action Officer.
A. 
A developer/contractor's good faith efforts with regard to minority and City resident work force requirements shall be measured by:
(1) 
The developer/contractor's efforts to actively solicit City residents and minorities as members of the work force to be employed in connection with the construction contract and to solicit subcontractors employing City residents and minorities.
(2) 
The developer/contractor's efforts to notify the Affirmative Action Review Council of opportunities for minority and City resident participation in proposed projects. The Affirmative Action Review Council shall place notifications in area publications, including minority publications, and shall also notify nonprofit minority organizations regarding such employment opportunities.
(3) 
The consideration given by the developer/contractor for employment as journeymen, trainees, advanced trainees and apprentices to persons referred by any training source approved by the Review Council.
(4) 
The size of the developer/contractor's work force.
B. 
A contractor shall not be deemed to have exercised good faith under this agreement solely because of union opposition, even if the unions threaten a work stoppage because of the implementation of this plan. It shall be incumbent upon the developer/contractor, as an employer, to see to it that referrals under this plan are treated fairly by the unions and their members.
Good faith efforts with regard to minority-owned business enterprise participation shall be measured by the contractor's efforts to:
A. 
Inform associations, groups and organizations of bid specifications within a reasonable time of the closing date for bid submission.
B. 
Actively recruit minority business enterprises to bid on subcontracts.
C. 
Limit the size and dollar volume of subcontracts to the extent feasible and to otherwise arrange solicitations and completion dates in order to make it possible for minority business enterprises to bid and compete for said contracts.
D. 
Upon receipt of a statement from a minority business enterprise, supported by an affidavit that such enterprise is unable to obtain requisite bonding or insurance through normal channels, assume the responsibility for meeting such requirements or otherwise making appropriate arrangements which shall eliminate these requirements as obstacles to the granting of the subcontract to such minority business enterprise.
E. 
Notify the Affirmative Action Review Council of outstanding subcontracting needs and consider, for subcontracting purposes, minority-owned businesses referred by the Affirmative Action Review Council. If the contractor does not use the subcontractors so referred, it shall submit a written explanation to the Affirmative Action Review Council within three business days of the reference.
F. 
Solicit minority participation through advertising in area publications, including minority publications.
G. 
Inform area nonprofit minority organizations of opportunities.
H. 
Provide whatever other counseling or assistance as may be necessary during the preparatory stages and the actual performance of such subcontracts.
I. 
Offer to assist minority business enterprises in entering into joint ventures with others for the purpose of accomplishing a total subcontract, if they so desire.
J. 
Document the above.