§ 3-607. SLBE incentives.

(a)

The director is authorized to encourage the utilization of SLBEs on any eligible contract except as otherwise limited in section 3-609 through the utilization of the following SLBE incentives:

(1)

Limiting solicitation to SLBEs. The director is authorized to limit an invitation for bid or request for proposal to SLBEs, and shall consider the following factors in making a determination:

a.

The estimated or potential dollar amount of the contract; and

b.

The scopes of work to be performed; and

c.

The availability of SLBEs certified in the primary scope of work to be performed; and

d.

The city's utilization of SLBEs to date.

(2)

Bid incentives. The director is authorized to allow a bid incentive to SLBEs not to exceed five percent, and shall consider the following factors in making a determination as to whether to allow the incentive and establishing the amount thereof:

a.

The estimated or potential dollar amount of the contract; and

b.

The primary scope of work to be performed; and

c.

The city's utilization of SLBEs to date; and

d.

The amount of the bid incentive awarded on past contracts of a similar nature; and

e.

The amount of the bid incentive reasonably anticipated as being needed for purposes of enabling SLBEs to effectively compete for the contract; and

f.

The ability of the city department or agency to fund any increased cost that may reasonably be expected to arise as a result of the application of a bid incentive.

Any bid eligible for the bid incentive shall be adjusted for evaluation purposes by reducing the bid by the percentage of the incentive. This adjustment shall be used solely for the purpose of establishing the apparent low bidder. The actual value of the contract, if awarded to the SLBE, shall be the amount of the actual bid submitted by the SLBE.

(b)

Any contract awarded to an SLBE pursuant to the SLBE program shall contain provisions providing for the following, notwithstanding the application of any other SLBE incentive as provided in subsection (a) of this section:

(1)

Pre-payment of up to ten percent of the contract amount to be tendered upon city's issuance of notice to proceed; and

(2)

The elimination of any retainage requirement; and

(3)

Payment every two weeks provided the SLBE has requested payment in the manner required by its contract with the city and is otherwise entitled to receive payment thereunder.

(Ord. No. 130041, § 6, 3-21-13)