§ 57.17. Award of Contracts to Minority Business Enterprises.

(1)

If, during any fiscal year, bids are being sought by the City for a contract to provide supplies, services or construction and the City has not achieved the goal established in accordance with Section 57.16(1) of this Chapter, the contract shall be awarded to the lowest bidding minority business enterprise meeting contract specifications unless it appears that the minority business enterprise's bid is unreasonably priced or the minority business enterprise's bid is neither in the best interest of the City nor the lowest and best bid. All other factors being equal, preference shall be given to minority business enterprises located in Orange County. For the purpose of this subsection, an "unreasonable price" is a price above competitive levels which cannot be attributed to the minority business enterprise's attempt to cover costs inflated by the present effect of disadvantage or discrimination.

(2)

For the purpose of this subsection, determination of the "lowest and best bid" shall include an evaluation of such factors as the nature of the supplies or services sought, prices of similar products in the relevant market area, minority employment levels achieved by the prospective contracting entities, location of business offices, general conditions in the market area, minority participation in the marketplace and such other factors as may be deemed relevant.

(Ord. of 8-29-1983, Doc. #18037; Ord. of 10-3-1983, Doc. #18092)