§ 2-9A-10 — DUTIES OF DEPARTMENT

§ 2-9A-10 - DUTIES OF DEPARTMENT.

The program shall be administered and executed by the department, whose director shall report to the city manager. The director has final administrative authority over the operations of the program. The duties and functions of the department when the program has been applied to a solicitation include the following: (1) Formulating, proposing, and adopting rules, regulations, and policies and procedures for the further development, implementation, and monitoring of the program, in accordance with the process established in Section 2-9A-6 (Adoption of Rules). (2) Assuring that MBEs and WBEs are informed of City procurement opportunities. (3) Providing information and assistance to MBEs, WBEs, and DBEs relating to City procurement practices and procedures and response specifications, requirements and prerequisites. (4) Certifying businesses as MBEs, WBEs, and DBEs, maintaining certification records, and ensuring that all City departments have an up-to-date certification register. (5) Reviewing contractors' and consultants' achievement of the goals or documentation of good faith efforts made to comply with the participation goals for contracts, and rendering decisions on whether good faith efforts have been sufficient. (6) Working with sponsor departments to monitor contracts to ensure prompt payments to MBEs, WBEs, and DBEs and compliance with participation goals and commitments. (7) Establishing project participation goals and subgoals in accordance with Section 2-9A-19 (Establishment of MBE/WBE Participation Levels for Individual Contracts on City Procurements). (8) Receiving, reviewing, and acting upon complaints and suggestions concerning the program, and reporting violations of this chapter when such violations occur as provided in Section 2-9A-25 (Sanctions). (9) Providing staff support and reports to the MBE/WBE and Small Business Advisory Committee and forwarding its recommendations to the city manager, city council, and City departments to further the policies and objectives of the program. (10) Reporting the availability of MBEs, WBEs, and DBEs certified by the City to perform contracts for the City. (11) Establishing annual aspirational MBE and WBE goals. (12) Tracking the actual dollar amounts paid under subcontracts awarded to MBEs, WBEs, and DBEs compared to total dollars paid on contracts where goals or subgoals have been established. These payments shall be measured against projected payments or goals. (13) Assisting in the record-keeping functions by obtaining monthly reports from project management departments on the status of a contract. (14) Compiling and reporting to city council after the end of each fiscal year, the participation of MBEs and WBEs for that year based on awards of contracts.

Source: Ord. No. 20230720-113, Pt. 1, 9-1-23.