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

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M [LFI►„ao,w nr••.rml L* 14 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 3 general. and this program in particular. are damaged when a contract. or portion of a contract. 4 to be performed by a minority /women's business is not actually performed by a 5 minority women's business enterprise in compliance with K.C.C. 4.18. Because the actual 6 amount of such damage is not reasonably calculable. the parties agree and stipulate that 7 liquidated damages equal to the dollar value of the utilization by certified and recognized 8 businesses lost to the county due to the violation. not to exceed 10 percent of the dollar value 9 of the contract, shall be the amount required to compensate the county for resulting delays in 10 carrying out the purpose of the program. the costs of meeting utilization goals through 11 additional contracts. the administrative costs of investigation and enforcement and other 12 damages and costs caused by the violation. The contractor shall be liable to the county for 13 such liquidated damages in the event the contractor or a subcontractor fails to perform a 14 commercially useful function and/or operates as a front, conduit or pass through, as defined 15 in K.C.C. 4.18. 16 NEW SECTION SECTION 7. There is added to K.C.C. 4.18 a new section to read 17 as follows: 18 Utilization requi- ements, specific. A. In order to expedite achieving of the 19 utilization goals established in accordance with this chapter, the following utilization 20 requirements shall appi, to all competitive bids and other responses to solicitation: 21 I. For all tangible personal property, service, and concession contracts and all 22 architecru_ral and engineering contracts, consultant contracts and public work contracts under 23 ten thousand dollars, the administrator shall determine a percentage factor appropriate to 24 offset the effects of discrimination in the industry involved, which percentage shall be used in 25 determining which responding party is the lowest responsible bidder or l proposal: 26 a. Responding parties whose b_< are within the percentage factor of the best 27 proposal or the bid made by the lowest bide 211 be ranked in the following order: 28 First, minority /women businesses which will perform the entire contract 29 unassisted and those minority/women's businesses which will exclusively use