[HISTORY: Adopted by the City Council of the City of Pleasantville 7-15-1985 by Ord. No. 16-1985. Amendments noted where applicable.]
Affirmative action — See Ch. 8.
These provisions concerning minority business participation shall apply to all construction contracts awarded by the city in an amount exceeding $75,000.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- AFFIRMATIVE ACTION OFFICER
- The official in charge of affirmative action for the city.
- CONSTRUCTION CONTRACT
- Any prime contract to be performed for or on behalf of the city for construction, alteration or repair of any building.
- Any party performing or offering to perform a construction contract with the city.
- MINORITY BUSINESS
- Any business enterprise that is owned and controlled by one or more minority persons.
- MINORITY PERSON
- An individual who is black, Hispanic, Asian, American Indian, Alaskan native or female.
- OWNED AND CONTROLLED
- A business which is:
- A. A sole proprietorship legitimately owned and managed by an individual who is a minority person.
- B. A partnership or joint venture controlled and managed by minority persons in which at least 51% of the beneficial ownership interest legitimately is held by minority persons.
- C. A corporation or other entity actually controlled and managed by minority persons and in which at least 51% of the beneficial ownership interest is held by minority persons.
- The geographical location where the contract or subcontract work is performed.
- A binding legal relationship involving performance of a contract that is part of a construction contract.
- A third party that is engaged by the contractor to perform, under a subcontract, all or part of the work included in an original contract.
Bidders shall seek to achieve a goal of not less than thirty-percent overall involvement of minority business firms. The percentage of work being performed by a minority business should be calculated on the basis of the proportion of total dollar value of work subcontracted, including materials supplied by the minority subcontractor. They shall also seek employment goals, to include participation of a minimum of 50% of minorities and/or residents of the City of Pleasantville.
[Amended 9-7-1994 by Ord. No. 11-1994]
The contractor's commitment to the goal of 30% for minority business utilization shall constitute a commitment to make every good faith effort to meet such a goal by subcontracting with minority business firms. These efforts may include the following:
[Amended 9-7-1994 by Ord. No. 11-1994]
Notification to community organizations that the bidder has subcontractor opportunities available and maintenance of records of the organizations' responses.
Maintenance by the bidder of a file of the name and address of each minority business subcontractor referred to it and action taken with respect to each such referred subcontractor.
Dissemination of the bidder's minority business policy externally by informing and discussing it with all and technical assistance sources; by advertising in news media; and by notifying and discussing it with all subcontractor and suppliers.
The bidder's engagement in specific and continuing personal (both written and oral) recruitment efforts directed at minority business contractor organizations and minority business assistance organizations.
Subdivision by the bidder of as many trade items as prudently possible into small contractual work elements to provide for a scale of trade activities which will enable small minority business subcontractors to complete successfully with large trade subcontractors.
Where reasonable, development by the bidder of on-the-job technical assistance and participation, where appropriate, in technical assistance programs relevant to the bidder's needs.
Where reasonable, the bidder may provide for the relaxation of bond requirements, particularly for small firms providing labor only.
The bidder shall keep records of all its efforts to meet its obligation under these provisions, and such records shall be available to the Affirmative Action Officer on request.
Bidders shall be required to submit with their bids a minority business enterprise (MBE) utilization report on a form to be supplied by the city. Bidders shall submit a revised MBE utilization report after contract award and before receiving their notice to proceed.
The Affirmative Action Officer shall investigate all proposed MBE's to ascertain whether they meet the definition of a minority business contained herein. Contractors shall be advised of the results of this investigation, and any proposed minority business not complying with the definition of a minority business contained herein shall not be credited to the contractor's ten-percent goal.
The Affirmative Action Officer shall maintain a list of minority business enterprises (MBE's) in the area and shall make such list available to all bidders on city contracts.
The Affirmative Action Officer shall, on request, meet with bidders to advise them on methods of obtaining the largest feasible MBE participation in their contracts.
The Affirmative Action Officer shall develop an outreach program to contact MBE's in the area and advise them on methods of participating in contracts with the city as contractors or subcontractors.
If the contractor fails to make every good faith effort to award at least 30% of the total contract amount to MBE's or fails substantially to make sch awards, the Affirmative Action Officer shall issue a written alert notice to the contractor. The alert notice shall explain in sufficient detail the facts of the alleged violation.
[Amended 9-7-1994 by Ord. No. 11-1994]
If the alleged violation explained in the alert notice is not corrected or justified to the satisfaction of the city within five days after it is received by the contractor, a notice of violation shall be issued by the Administrator to the contractor. The notice of violation shall explain in sufficient detail the facts of the alleged continuing violation. On issuing a notice of violation, the Administrator shall notify the alleged violator that it shall submit, within four days after it has received the issuance, a written statement explaining why it is not in violation of these provisions or any explanation of how it will correct any such violation.
After the contractor has made a timely submission of the written explanation required pursuant to Subsection B above, the contractor may, within two days, request a meeting with Affirmative Action Officer and Administrator. Prior to or at such meeting, the Administrator or Affirmative Action Officer may conduct interviews and require from appropriate parties the submission of additional information as they deem necessary to determine whether the alleged violation has occurred.
No later than 30 days after a violation notice has been issued, the Administrator shall issue a determination of whether the contractor is in violation of these provisions, and if the Administrator determines that there is a current violation he/she shall recommend to the Council, where appropriate, corrective measures which may include the following:
Debarment of the contractor from all contracts with the city for a period of up to five years or until the contractor complies with the required obligation or agrees to adhere to a compliance schedule approved by the Affirmative Action Officer; provided, however, that a debarment may only be ordered after the Council holds a hearing for the contractor and determines that a debarment would be appropriate.
Termination or suspension of the contract; provided, however, that a contract termination or suspension may only be ordered after the Council holds a hearing for the contractor and determines that a debarment would be appropriate.
Commencing an action as a beneficiary or third party beneficiary of the contract.
Such recommendations shall be made to the Council, which shall determine the appropriate corrective measure to be applied.