The County government finds that the public interest will be served by encouraging County-based minority business enterprises and County-based small businesses to bid on Police Department towing contracts and that the successful bidders, contractors, and subcontractors be treated equitably in the number and type of service calls received from the Police Dispatcher on the Police Vendor List.

Contractor, as defined in Section 10A-101(a)(12), means any business or person having a written contract with the County. County-based minority business enterprise, as defined in Section 10A-101(a)(13.2), means a business that is both: a minority business enterprise as certified by the Supplier Development and Diversity Division; and a County-based business in accordance with Section 10A-163 of this Subtitle. County-based small business, as defined in Section 10A-101(a)(13.3), means a business that: (i) meets the requirements of Section 10A-163(b) of this Subtitle and (ii) whose application for certification as a County-based small business is approved by the Purchasing Agent; or is a County-based minority business enterprise that meets the requirements of Section 10A-163(g) of this Subtitle. Minority business enterprise, as defined in Section 10A-101(a)(26), means any business enterprise: Which is at least fifty-one percent (51%) owned by one or more minority individuals, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more minority individuals; and Whose general management and daily business affairs and essential productive operations are controlled by one or more minority individuals; and Which has been certified by the Supplier Development and Diversity Division as a Minority Business Enterprise pursuant to Division 6 of this Subtitle. Minority individuals, as defined in Section 10A-101(a)(27), are those who have been subjected to prejudice or cultural bias because of their identity as a member of a group in terms of race, color, ethnic origin, or gender, without regard to their individual capabilities. Minority individuals are limited to members of the following groups: African Americans (Black Americans), which includes persons having origins in any of the Black racial groups of Africa; Asian-Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong; Subcontinent Asian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; Females, regardless of race, ethnicity or origin; and Veterans and Service Disabled Veterans. Police Department shall mean the Prince George's County Police Department. Subcontractor shall mean any person undertaking part of the work under the terms of the contract, by virtue of an agreement with a Contractor.

Police Department towing contracts shall be subject to the provisions of this Subtitle, except as follows: Notwithstanding Section 10A-161 and Section 10A-162 of this Subtitle, at least fifty-one percent (51%) of the total annual dollars paid from Police Department towing contracts shall be paid to County-based minority business enterprises and County-based small businesses, with no less than twenty-nine (29%) of the total annual dollars paid from Police Department towing contracts paid to County-based minority business enterprises; and Police Department towing contracts shall be bid every two years with no option for extensions; and Contractors or Subcontractors with an employee or employee(s) with one felony conviction shall be considered as eligible bidders, Contractors, and Subcontractors in Police Department towing bids, contracts, and subcontracts. Neither Contractors or Subcontractors shall dispatch drivers who have been convicted of a violent felony in the last five years. Employee or Employees with misdemeanors shall not be a factor in eligibility.

The Purchasing Agent shall prepare and transmit to the County Council and the County Executive, on a quarterly basis, a written report containing the information collected pursuant to this Section. The Purchasing Agent shall collect and maintain on bidders, Contractors, and Subcontractors for Police Department towing contracts. For each solicitation of Police Department towing services, the information collected shall include, but not be limited to: Total number of bidders; and Business name of each bidder that responded to the solicitation; and Business name of each County certified bidder that responded to the solicitation listed by subcategory of County-based Minority Business Enterprise: (A) African American Business Enterprise, (B) Asian-American and Pacific Islander Enterprise, (C) Latino Business Enterprise, (D) Native American Business Enterprise, (E) Veteran Business Enterprise, (F) Women's Business Enterprise, and (G) County-based small business; and Business name of each bidder awarded a contract under the solicitation; and Final list of County certified businesses awarded contracts under the solicitation, listed by subcategory of County-based Minority Business Enterprise: (A) African American Business Enterprise, (B) Asian-American and Pacific Islander Enterprise, (C) Latino Business Enterprise, (D) Native American Business Enterprise, (E) Veteran Business Enterprise, (F) Women's Business Enterprise, and (G) County-based small business; and Business names of all Subcontractors, if any, identified by each Contractor awarded a contract under each solicitation, listed by subcategory of County-certified Minority Business Enterprise: (A) African American Business Enterprise, (B) Asian-American and Pacific Islander Enterprise, (C) Latino Business Enterprise, (D) Native American Business Enterprise, (E) Veteran Business Enterprise, (F) Women's Business Enterprise, and (G) County-based small business; and With each quarterly report submitted pursuant to this Section, the Purchasing Agent shall also submit: The Police Towing Vendor List: and Service calls transmitted by the Police Dispatcher to Contractors sorted by business name, County certified businesses by category and subcategory and type of service call with monthly total calls to be included in quarterly reports. On an annual basis, within 3 months after the end of the fiscal year, the Purchasing Agent shall report to the County Executive and County Council on the amount paid and percentage of the overall annual dollars paid for Police Department towing contracts for the fiscal year to teach of the following categories of business: County-based minority business enterprises, also reported by the amount paid and percentage of the overall annual dollars paid for Police Department towing contracts to each of the following subcategories of County-based minority business enterprises: (A) African American Business Enterprise, (B) Asian-American and Pacific Islander Enterprise, (C) Latino Business Enterprise, (D) Native American Business Enterprise, (E) Veteran Business Enterprise, (F) Women's Business Enterprise; and County-based small businesses.