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(a) Submission of Program. All persons seeking to enter into a contract with the City shall submit in writing to the Contracts and Procurement Division either an affirmative action program, a certificate of compliance, or such other certificate as is acceptable to the Contracts and Procurement Division which evidences the adoption of an affirmative action program. Such affirmative action program, certificate of compliance or other certificate shall be approved and on file with the Contracts and Procurement Division, or such plan shall be submitted with the contract bid. If no affirmative action plan is submitted with the contract bid, the bid will be considered nonresponsive and will not be accepted. If any person shall fail or refuse to submit an affirmative action program as required by this article, such person shall be ineligible to enter into any City contract until the person has so complied.

(b) Review by Contracts and Procurement Division.

(1) Affirmative Action Program. The Contracts and Procurement Division shall receive and review affirmative action programs submitted to it, and shall approve any such program or shall specify in writing any modification of the program needed to make it conform to the requirements of this article; provided, that prior to final rejection of the program, the Contracts and Procurement Division shall advise and consult with the person submitting such program for the purpose of assisting the person to develop an acceptable affirmative action program.

(2) Certificates of Compliance. The Contracts and Procurement Division shall receive and accept certificates of compliance as conforming with the terms of this article respecting submission of affirmative action programs.

(3) Program Review Committee. A Program Review Committee shall be established for the purpose of reviewing and evaluating the City’s minority business enterprise, women business enterprise and disadvantaged business enterprise utilization. The Committee members shall be designated by the City Manager. There shall be at least three members of the Committee and other members may be added by the City Manager. The Chief Diversity, Equity and Inclusion Officer, the Director of the Public Works Department, and the Director of the Contracts and Procurement Division shall all be members of the committee. All recommendations and determinations of the review committee may be appealed to the City Manager, whose decision shall be final and binding. The committee shall have the following duties and responsibilities:

(i) Establish, on an annual basis, percentage goals for the utilization of minority business enterprise, women business enterprise and disadvantaged business enterprise participation on City contracts. Goals shall be established upon consideration of the following factors: the number and type of contracts to be awarded, the number and type of minority, women, and socially and economically disadvantaged contractors available, and past results of the City’s minority business enterprise, women business enterprise and disadvantaged business enterprise utilization.

(ii) Review and analyze, on a quarterly basis, minority business enterprise, women business enterprise and disadvantaged business enterprise requirements, to include evaluating the methods for achieving utilization goals and the guidelines for ascertaining contractors’ compliance with the City’s policies and procedures.

(iii) Report to the Governing Body on a quarterly basis, through the City Manager, the findings from the review and analysis of minority business enterprise, women business enterprise and disadvantaged business enterprise participation and utilization. The Governing Body shall consider goals for the City’s minority business enterprise, women business enterprise and disadvantaged business enterprise utilization in conjunction with the annual setting of budget priorities. (Ord. 20400 § 9, 12-20-22; Ord. 19433 § 2, 6-15-10. Formerly 2.135.130.)

Cross References:City Council – Mayor, Chapter 2.15 TMC; Human Resources Department, TMC 2.20.040; Public Works Department, TMC 2.20.100; Office of Diversity, Equity and Inclusion, TMC 2.20.120; boards, commissions and committees, TMC 2.205.010 et seq.