97-060 - King County - Solid Waste Reduction and Recycling Grant

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4.18.050 4.18.060 a. A provision indicating that this chapter is incorporated by reference into any and all King County contracts and failure to comply with any of the requirements of the chapter by a contractor will be considered a breach of contract. b. A requirement that during the term of the contract the contractor shall comply with, as to tasks and proportionate dollar amounts throughout the term of the contract, all requirements for the use of minority /women's businesses. In the absence of a waiver, minority /women's businesses which for any reason no longer remain associated with the contract or the contractor shall be replaced with other certified minority /women's businesses in accordance with procedures established by the administrator. c. A provision prohibiting any agreements between a responding party and a minority /women's business in which the minority /women's business promises not to provide subcontracting quotations to other responding or potential responding parties. d. The requirement of maintenance of relevant records, and information necessary to document compliance with this chapter and the contractor's utilization of minority and women's businesses in its overall public and private business activities, and shall include the right of the county to inspect such records. This shall be implemented no later than April 1, 1992. e. A provision requiring the payment of specific liquidated damages in the event a contractor fails to perform a commercially- useful function and /or operates as a broker, front, conduit or pass- through, with the amount of liquidated damages established in advance by the department of executive administration based on the type of contract involved. The provision should include the following language: The purpose of King County's minority /women's business ordinance is to provide a prompt remedy for the effects of past discrimination. The county in general, and this program in particular, are damaged when a contract, or portion of a contract, to be performed by a minority /women's business is not actually performed by a minority /women's business enterprise in compliance with this chapter. Because the actual amount of such damage is not reasonably calculable, the parties agree and stipulate that liquidated damages of fairly estimate the amount required to compensate the county for resulting delays in carrying out the purpose of the program, the costs of meeting utilization goals through additional contracts, the administrative costs of investigation and enforcement and other damages and costs caused by the violation. (Ord. 10049 1, 1991: Ord. 9609 5, 1990: Ord. 8313 2, 1987: Ord. 7789 4, 1986: Ord. 5983 5, 1982). 4.18.060 utilization requirements, specific. A. In order to expedite achieving of the utilization goals established in accordance with this chapter, the following utilization requirements shall apply to all competitive bids and other responses to solicitation: 1. For all purchasing, service, and concession contracts and all architectural and engineering contracts, consultant contracts and construction contracts under ten thousand dollars, the director, with the advice of the administrator, shall determine a percentage factor appropriate to offset the effects of discrimination in the industry involved, which percentage shall be used in determining which responding party is the lowest responsible bidder or best proposal: a. Responding parties whose bids are within the percentage factor of the best proposal or the bid made by the lowest bidder shall be ranked in the following order: First, minority /women's businesses which will perform the entire contract (King County 12 -94) 145 -8 REVENUE•D FINANCIAL REGULATION