[R.O. 2008 § 645.010; R.O. 2007
§ 650.010; CC 1978 § 645.010; Ord. No. 786 § 1, 9-16-1980]
It is the intent of the City of O'Fallon,
Missouri, to comply with the requirement of the Minority Business
Enterprise Regulations and Women's Business Enterprise Regulations
to ensure that minority business enterprises have the maximum opportunity
to participate in the performance of contracts financed in whole or
in part with Federal funds.
[R.O. 2008 § 645.020; R.O. 2007
§ 650.020; CC 1978 § 645.020; Ord. No. 786 § 2, 9-16-1980]
A Minority Business Enterprise Liaison
Officer will be designated and provided with adequate staff to administer
the MBE and WBE programs. The MBE and WBE Liaison Officer will be
responsible for developing, managing, and implementing the MBE and
WBE programs for the City of O'Fallon on a day-to-day basis. The City
will develop and maintain a recordkeeping system to monitor these
programs.
[R.O. 2008 § 645.030; R.O. 2007
§ 650.030; CC 1978 § 645.030; Ord. No. 786 § 3, 9-16-1980]
An equitable opportunity for Minority
Business Enterprises to compete for contracts and subcontracts will
be provided. Appropriate affirmative action techniques such as arranging
solicitations, time for the presentation of bids, quantities, specifications
and delivery schedules will be used to facilitate the participation
of MBEs and WBEs. Information will be available for MBEs and WBEs
concerning bonding, financing, bidding and contract requirements.
[R.O. 2008 § 645.040; R.O. 2007
§ 650.040; CC 1978 § 645.040; Ord. No. 786 § 4, 9-16-1980]
The City of O'Fallon will secure
and make available to all contractors and minority business enterprises
and women's business enterprises, a list of minority banks owned and
controlled by minorities or women. The greatest feasible use of these
banks will be encouraged. Also, the City will secure and/or develop
a Minority Business Enterprise and Women's Business Enterprise Directory
that will be made available to all bidders; and will verify that contracting
firms that call themselves MBEs and WBEs are in fact eligible Minority
Business Enterprises; and require its prime contractors to make good
faith efforts to replace an MBE and WBE subcontractor that is unable
to perform successfully with another MBE or WBE subcontractor; and
will establish goals for the amount of work to be awarded to MBEs
and WBEs. Separate goals will be set for firms owned and controlled
by minorities and for firms owned and controlled by women.
[R.O. 2008 § 645.050; R.O. 2007
§ 650.050; CC 1978 § 645.050; Ord. No. 786 § 5, 9-16-1980]
Contract goals for specific contracts
will be based on the known availability of qualified MBEs and WBEs.
As a minimum the City of O'Fallon will require that MBEs and WBEs
be sought in the same geographic area in which the solicitation for
subcontracts and materials is made; and will require that all bidders
submit, with the bid proposal, a written list of MBEs and WBEs proposed
to be used in accomplishing the work of the contract and the amount
of work that the MBEs and WBEs will perform.
[R.O. 2008 § 645.060; R.O. 2007
§ 650.060; CC 1978 § 645.060; Ord. No. 970 § 1, 12-2-1982]
A.
Contracts will be awarded in the following
order of preference.
1.
First preference will be to the competitor
that submits the lowest reasonable bid and either meets the established
goals or has made "good faith efforts" to meet the established goals.
2.
Second preference will be to the
competitor that submits a reasonable bid, and has the highest percentage
of MBE and WBE participation of those firms that partially meet the
established goals.
[R.O. 2008 § 645.070; R.O. 2007
§ 650.070; CC 1978 § 645.070; Ord. No. 786 § 7, 9-16-1980]
The City of O'Fallon will require
contractors to document the steps they have taken to obtain MBE and
WBE participation. The City will review the successful bidder's MBE
and WBE involvement efforts during the performance of the contract;
and will require that subrecipients develop an acceptable MBE Program
and WBE Program or comply with the approved MBE and WBE programs of
the City. MBE and WBE participation shall be counted toward meeting
MBE and WBE goals in accordance with 49 CFR 23.47.
[R.O. 2008 § 645.080; R.O. 2007
§ 650.080; CC 1978 § 645.080; Ord. No. 786 § 8, 9-16-1980]
It is the policy of the City of O'Fallon,
Missouri, as expressed and adopted by its City Council in open meeting,
that it will affirmatively encourage MBE and WBE participation in
contracts and programs which it administers with the objective of
increasing the participation by businesses owned or controlled by
minorities and women, and the City will ensure that all reasonable
efforts are made within the confines of the law which will aid in
meeting this objective. The Mayor of the City of O'Fallon is designated
as the Officer primarily responsible for carrying out this policy.
The percentage goals established by Federal regulations will be set
as five percent (5%) for MBE and five/tenths percent (.5%) for WBE.
