§ 3-423. Application of division.

(a)

The provisions of this division shall apply to all contracts, as defined in section 3-421, entered into by the city or incentive agency. Federal or state requirements for minority or women business enterprise participation or disadvantaged business enterprise participation shall supersede this division when required by law or federal or state contract.

(b)

Each department director and agency head is responsible for using good faith efforts to achieve the city-wide MBE and WBE goals set forth in section 3-427.

(c)

Each contractor or developer with whom the city or an incentive agency enters into a contract for which goals have been set shall either:

(1)

Meet or exceed the goals set for that contract; or

(2)

Make and provide evidence of good faith efforts to achieve the goals and request a waiver of the contract goals, which waiver shall be granted in the event the contractor or developer has demonstrated that it has made a good faith effort to meet or exceed the goals.

(Ord. No. 180535 , § 1, 10-25-18)