§ 18-252. Responsibility of county administrator for achievement of annual goals; authority; reports to board of commissioners.

(a)

The county administrator shall be responsible for achieving the annual goals established by the board of commissioners by any or all of the following means:

(1)

By using race- and gender-neutral remedies to increase opportunities for minority and woman business enterprises to participate as prime contractors, joint venturers, subcontractors, and suppliers on unified government contracts; and

(2)

By using race- and gender-conscious measures to increase participation of minority and woman business enterprises on unified government construction contracts exceeding $250,000.00, as authorized in division 2 of this article.

(b)

Except as otherwise provided, the following shall count toward the annual goals: Portions of work on unified government contracts undertaken by minority and woman business enterprises as prime contractors, joint venturers, subcontractors, and suppliers. For the work to count toward the annual goals, the minority or woman business enterprise must have performed a commercially useful function as defined in subsection 18-257(6).

(c)

The county administrator is expressly delegated the necessary powers to effectuate the purposes of this article, including the authority to promulgate regulations necessary to implement its provisions.

(d)

Not later than 30 days after the end of each of the first three quarters of the calendar year, the county administrator shall submit a written report to the board of commissioners detailing progress toward the annual goals.

(e)

Not later than the last day of February of each year, the county administrator shall submit to the board of commissioners a comprehensive annual report for the previous calendar year, which shall include, but not be limited to, the following:

(1)

Detailed information on the availability and participation of minority and woman business enterprises on unified government contracts during the previous year by industries, professions, or trade groupings, including the availability and utilization of minority and woman business enterprises on construction contracts exceeding $250,000.00;

(2)

A comparison of MBE and WBE utilization achieved during the previous year to prior years and to the annual goal;

(3)

A description and evaluation of the effectiveness of individual race- and gender-neutral measures undertaken by the unified government;

(4)

For each construction contract exceeding $250,000.00, the availability of minority and woman business enterprises to perform the contracted work, the project goals, the justification for the goals, and whether the contractor complied with the goals or demonstrated the required good faith efforts throughout the duration of the project;

(5)

For any construction contract exceeding $250,000.00 for which the county administrator has waived or modified the application of project goals, an explanation of the reasons for the waiver or modification;

(6)

A description of all enforcement efforts undertaken by the coordinator under division 2 of this article;

(7)

The results of any additional studies conducted or commissioned by the unified government on the subject of supplier diversity, including disparity studies;

(8)

If the annual goal was not met, a description of additional actions or program modifications being taken to ensure that the current year's goal is met; and

(9)

Recommendations for further action by the board of commissioners.

(Ord. No. O-17-09, § 1(18-152), 2-19-2009)