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 West Palm Beach
 Code of Ordinances
 Chapter 66. PROCUREMENT
 Article IX. SMALL BUSINESS PROGRAM

  § 66-235. Contract.  

Latest version.

  • The following shall be included in any contract for the procurement of goods, services and construction:

    (1)

    A provision indicating that this article is incorporated by reference and compliance with this article is a term of the contract.

    (2)

    A requirement that the prime contractor shall comply with the commitment made in their proposal or bid to use small businesses; and shall comply specifically as to the specific task(s) and or proportionate dollar amounts committed.

    (3)

    A requirement to maintain relevant records and information necessary to document compliance with this article and to permit the city to inspect and audit such records.

    (4)

    A provision requiring the prime contractor to certify in writing that small businesses have been utilized in accordance with the participation commitment and have been paid for work and materials. During the contract and upon completion of the contract, the city shall require documentation from the prime contractor regarding the utilization and payment to small businesses. The contractor shall submit a final affidavit or schedule of all participating subcontractors denoting the final contract amount, the amount of payments made to each subcontractor and affirming that payment for all work and materials has been made. Such affidavit or schedule shall be on such forms or in such format as required by the city. This provision shall in no way create any contractual relationship between any small business subcontractor and the city or any liability on the city for the contractor's failure to make timely payment to the small business.

    (5)

    Any provision in any agreement between a contractor and a small business in which the small business promises not to provide subcontracting quotations to other bidders or proposers or potential bidders or proposers is prohibited.

    (6)

    Notwithstanding the requirements for documentation contained in this section, a contractor shall not be required to provide information regarding the utilization of suppliers or subcontractors providing goods or services for less than $5,000.00.

(Ord. No. 4548-15, § 1, 2-2-2015)