MWBE Commitment

 

EXHIBIT "L" - MBE/WBE COMMITMENT

The Erie County Legislature enacted Local Law No. 5 requiring a minority and women-owned business utilization commitment by persons or firms contracting with the Erie County for supplies, materials, equipment, and insurance. Erie Community College is committed to the utilization of minority or women owned businesses for the supply of goods, materials or equipment.

SECTION 1:
A. The supplier of all purchase contracts involving an expenditure of more than $15,000.00 may take affirmative action to utilize bona fide minority business enterprises (MBE) and women business enterprises (WBE) on all contracts with ECC. Affirmative action may include:

1. Utilizing a source list of MBEs and WBEs; and
   
2. Solicitation of bids from MBEs and WBEs; and 
   
3. Providing MBEs and WBEs sufficient time to submit proposals in response to solicitations; and
   
4. Maintaining records showing utilization of MBEs and/or WBEs specific efforts to identify and utilize these companies; and
   
5. A goal of awarding at least ten percent (10%) of the total dollar value of the contract to MBEs and at least two percent (2%) of the total dollar value of the contract to WBEs or, for those contracts governed by federal or state regulations with respect to MBE and/or WBE hiring the prevailing percentage set forth therein, whichever is higher.
   

B. All bidders may submit, with a bid, a list of all MBEs and WBEs from whom the supplier has solicited bids, or with whom the supplier has signed a binding contractual agreement, or with whom the contractor is presently negotiating an agreement, for the purpose of meeting the MBE and WBE utilization goals provided in subdivision (A) (5) above.

C. As evidence of compliance with the goals set forth in subdivision (A) (5) above, the supplier may submit to the ECC Purchasing Office, at the bid opening, a schedule for MBE and WBE participation listing the MBEs and WBEs with whom the supplier intends to utilize; specifying the agreed upon price to be paid for such goods and identifying in detail the contract item or items to be supplied by each MBE and WBE.

D. For the purpose of this section, the term "minority business enterprise" shall mean a business which performs a commercially useful function, at least fifty-one percent (51%) of which is owned by minority group members or, in the case of a publicly-owned business, at least fifty-one percent (51%) of all stock is owned by minority group members. Such ownership shall be certified by the Erie County Division of E.E.O.

E. For the purposes of this paragraph, "minority group members" are citizens of the United States who are African-American, Hispanic, Asian-American and American-Indian.

F. For the purposes of this section, the term "women-owned business enterprise" shall mean a business which performs a commercially useful function, at least fifty-one percent (51%) of which is owned by a woman or women or, in the case of publicly-owned business, at least fifty-one percent (51%) of all stock is owned by a woman or women. Such ownership shall be certified by the County Division of E.E.O.

NOTE: It is the prime vendor's responsibility to obtain MBE/WBE vendors and NOT Erie Community College. However, some vendors may be obtained online at www.erie.gov/depts/eeo or from:
Mr. Jesse Burnette, Director
Erie County Division of E.E.O.
95 Franklin Street, Room 625
Buffalo, New York 14202
(716) 858-7542