§ 18-258. Eligibility of business enterprise to participate as MBE or WBE.

(a)

To be eligible to participate as a minority or woman business enterprise on contracts subject to this division, a business enterprise must meet the following requirements:

(1)

It must be certified as a minority or woman business enterprise (MBE or WBE) by one of the following entities:

a.

City of Kansas City, Missouri.

b.

State of Kansas or its certifying agencies, including the state department of commerce and housing and state department of transportation;

c.

State of Missouri or its certifying agencies, including the office of supplier and workforce diversity and the state department of Transportation;

d.

Mid-America Minority Business Development Council;

e.

Women's Business Enterprise National Council; or

f.

National Women Business Owners Corporation.

(2)

It must have a real and substantial presence in the unified government's marketplace. A business enterprise will be deemed to have a real and substantial presence in the unified government's marketplace if:

a.

The enterprise's principal office or place of business is in the unified government's marketplace;

b.

The enterprise maintains full-time employees in one or more of the enterprise's offices within the unified government's marketplace to conduct or solicit business in the unified government's marketplace the majority of their working time;

c.

The enterprise has transacted business more than once in the unified government's marketplace within the past three years; and

d.

The enterprise has been in existence in the unified government's marketplace for at least one year.

(b)

The coordinator shall, by rule and regulation or informal guidelines relating solely to internal management and procedure, establish reasonable procedures and methods for the determining the eligibility of business enterprises to participate as MBEs or WBEs on contracts subject to this division.

(c)

Unified government officials, employees, and their relatives ineligible. No business enterprise shall be eligible to participate as an MBE or WBE on contracts subject to this division if ownership or control of such business enterprise is held by a unified government official or employee, as defined in section 2-253 of this Code, or an official's or employee's spouse, child, sibling, or parent.

(d)

Disqualification of business enterprise. The coordinator shall disqualify a business enterprise that does not continuously meet the above eligibility criteria from participating as an MBE or WBE on contracts subject to this division.

(1)

Duty to notify of change of circumstances. The business enterprise shall notify the coordinator of any change in its circumstances affecting its continued eligibility under this division within 30 days after the enterprise becomes aware of the change of circumstances. Failure to notify the coordinator of a change of circumstances affecting eligibility may result in the imposition of sanctions under section 18-270.

(2)

Failure to respond, attend, honor, or comply. The coordinator may disqualify a business enterprise from participating as an MBE or WBE on contracts subject to this division if the enterprise repeatedly fails to respond to requests for quotations from bidders or proposers who timely solicit participation on a contract, to attend relevant pre-bid or pre-proposal conferences, to honor quotations in good faith, or otherwise to comply with the requirements of this division.

(Ord. No. O-17-09, § 1(18-158), 2-19-2009)