§ 102-423. Functions, duties and organization.

(a)

The office of contract compliance shall have the following duties and responsibilities:

(1)

Responsibility for ensuring adherence of all county staff units and county contractors to the minority business participation policies established by the board of commissioners and maintain the county's compliance with applicable federal regulations pertaining to contractor or employment practices, minority business participation and Title VI of the Civil Rights Act;

(2)

Administration and enforcement of compliance with this established requirements;

(3)

The establishment of written procedures, informal guidelines and forms necessary to implement this program;

(4)

The development and maintenance of an SBE and MFBE certification directory which will be made available as a public record;

(5)

Accept SBE certifications from the United States Department of Transportation and Small Business Administration, and Georgia Department of Transportation, MARTA, or other cities and counties within the Atlanta MSA, or other appropriate agencies;

(6)

Notification by certified mail that an applicant who has been denied certification as an AABE, HBE, ABE, NABE, FBE or SDVBE has the right to appeal such determination, said appeal to be determined by a contract compliance hearing officer within seven calendar days of receipt of notice of such determination;

(7)

Investigate and determine whether a contractor or vendor has failed to implement its contractual agreements and commitments regarding this division after the award of the bid or execution of the contract or purchase order; in the event it is determined the contractor or vendor has not complied with this division, the contractor or vendor shall be notified of the determination of noncompliance and any penalty to be imposed;

(8)

Maintenance of: (1) documents, forms, records or data regarding the dollar amounts subcontracted to or expended for services performed by subcontractors and suppliers on all projects, including race and gender ownership of each subcontractor, and (2) documents, forms, records or data regarding certified SBEs, AABEs, HBEs, ABEs, NABEs, FBEs or SDVBEs;

(9)

Make recommendations to the County Manager and Board of Commissioners of further efforts needed to encourage SBE and MFBE participation;

(10)

Attendance at prebid, preproposal, preconstruction and prework conferences; and

(11)

Development and implementation of outreach and assistance programs to promote equal contracting opportunities for all businesses desiring to do business with the county.

(b)

The office of contract compliance shall be headed by the contract compliance administrator, under the supervision and direction of the director of the department of purchasing and contract compliance and shall perform such duties as he/she shall prescribe.

(c)

Contract compliance officers will be represented on each Purchasing team to provide continuity, required knowledge of opportunities and improved communication on contract timing.

(d)

The Department of Purchasing and Contract Compliance shall prepare on an annual basis, an outreach plan for SBEs, MFBEs, DBEs and SDVBEs outlining the annual activities of each program.

(Res. No. 13-0052, 1-23-13; Res. No. 16-0864, 10-5-16)