§ 18-265. Compliance with achieved project goal level required throughout performance of contract.

(a)

Upon award of a contract by the unified government that includes a project goal, the project goal becomes a covenant of performance by the contractor in favor of the unified government.

(b)

All contracts subject to this division shall be reviewed by the coordinator for compliance with the provisions of this division. This review shall examine, but not be limited to, whether the MBE and WBE participation dollar amounts and percentages and achieved project goal levels upon which the contract was awarded are maintained over the term or duration of the contract.

(c)

For any contract for which the coordinator has set a project goal, it shall be an ongoing, affirmative obligation of the contractor on such contract to maintain, at a minimum, compliance with the originally achieved level of MBE and WBE participation upon which the contract was awarded, for the duration of the contract, unless the unified government initiates a material alteration to the scope of work affecting MBEs or WBEs performing on the contract through change order, contract amendment, force account, or as otherwise described in section 18-266.

(d)

The coordinator shall evaluate the utilization of MBEs and WBEs to determine whether such MBEs and WBEs are performing a commercially useful function. The evaluation shall examine the amount of work subcontracted, industry practice, and other relevant factors. The amount of MBE and WBE participation credited toward a project goal shall be based upon an analysis of the specific duties performed by the MBE or WBE and the extent to which such duties constitute a commercially useful function. The coordinator may undertake such inquiries or studies, consult such employees, or, with the approval of the county administrator, retain such consultants as may be necessary to assist the coordinator in making these determinations.

(e)

The work performed by an MBE or WBE not providing a commercially useful function or by an MBE or WBE functioning as a conduit shall not count toward meeting the project goal.

(Ord. No. O-17-09, § 1(18-165), 2-19-2009)