[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.
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.