[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 assure 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. 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 record keeping system to monitor these programs.
[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. 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 a 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. 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. 2007 §650.060; CC 1978 §645.060; Ord. No. 970 §1, 12-2-1982]
Contracts will be awarded in the following order of preference.
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.
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. 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. Efforts described in Section 23.45 of 49 CFR Part 23, Paragraph (4) i through (4) vii will be included in the contract proposals. 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, Part 23 Section 23.47.
[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 assure 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 five/tenths percent (.5%) for WBE.