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<section number="2-452" name="Powers and duties of the Commission" law="code" slug="sec-2-452" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV34MIBUOPCO_S2-452PODUCO">
  <level label="a">
    <text>The Commission is authorized to monitor and make such studies and surveys as it may determine or as directed by the County Council or County Executive with respect to:</text>
    <level label="1">
      <text>County policies and practices in procurement and contracting;</text>
    </level>
    <level label="2">
      <text>The utilization of minority business enterprises by agencies of government and the private sector;</text>
    </level>
    <level label="3">
      <text>The general conditions and problems encountered by minority business enterprises, including, but not necessarily limited to, the ability of minority business enterprises to obtain commercial credit and bonding facilities;</text>
    </level>
    <level label="4">
      <text>Opportunities for minority business enterprises to contribute to the economic and employment development of the County; and</text>
    </level>
    <level label="5">
      <text>Evidence of discrimination with respect to those businesses owned and controlled by minority individuals as set forth in Section 10A-101(a) of this Code.</text>
    </level>
  </level>
  <level label="b">
    <text>On the basis of such evidence, studies and surveys made pursuant to this Section, the Commission shall recommend to the County Executive, County Council, and the Purchasing Agent changes in existing laws, policies, programs, and practices, including, but not limited to, changes designed to ensure the following:</text>
    <level label="1">
      <text>That tasks subcontracted to minority business enterprises under County procurement are commercially meaningful in the trade and significant elements of the prime contractor's scope of work;</text>
    </level>
    <level label="2">
      <text>That the County encourages the utilization of minority/nonminority business joint ventures to achieve minority business enterprise participation goals;</text>
    </level>
    <level label="3">
      <text>That the County provides additional incentives to County-based minority business enterprises; and,</text>
    </level>
    <level label="4">
      <text>That the inclusion of those minority individuals as set forth in Section 10A-101(a) of this Code, comports with the applicable requirements of federal law, both by past and present circumstances and with regard to evidence of underutilization and discrimination.</text>
    </level>
  </level>
  <level label="c">
    <text>The Commission shall monitor:</text>
    <level label="1">
      <text>The total number and dollar amount of contracts awarded by the County;</text>
    </level>
    <level label="2">
      <text>The total dollar amount of contracts awarded by developers under the Priority Project program established pursuant to Division 9 of Subtitle 2 of this Code; and</text>
    </level>
    <level label="3">
      <text>The total dollar amount of contracts awarded by developers with respect to facilities constructed with County contributions under Division 6, Subdivision 2, of Subtitle 10A of this Code.</text>
    </level>
  </level>
  <text>The Commission shall report to the County Council and the County Executive on a regular basis the status of efforts to achieve the goals stated in Division 6, Subdivision 2, of Subtitle 10A of this Code.</text>
  <level label="d">
    <text>The Commission is authorized to recommend to the Minority Business Development Division or its designee programs, services, and events designed to enhance both the quality and quantity of business opportunities in the public and private sectors for minority business enterprises. (e) The Commission shall be given the cooperation of all departments and agencies of the County government in carrying out its duties under this Division.</text>
  </level>
  <level label="f">
    <text>The Commission may recommend to the Purchasing Agent which portions of an agency's contracts should be reserved for the programs established under Division 6 of Subtitle 10A of this Code where an agency has failed to meet the goals established.</text>
  </level>
  <level label="g">
    <text>The Commission shall submit recommendations on a regular basis regarding changes of agency minority procurement goals, if appropriate, accompanied by necessary supporting data.</text>
  </level>
  <level label="h">
    <text>The Commission shall review the determinations made by the Executive Director as to what portion of the dollar amount of a minority/nonminority joint venture may be attributed toward an agency's percentage goal.</text>
  </level>
  <level label="i">
    <text>The Commission shall review minority business enterprise contracting procedures and make recommendations on methods to increase the participation of such contractors with the County. Such recommendations may include, but need not be limited to, improved schedules that ensure prompt payment to contractors, special geographic requirements on certain contracts, innovative contract advertising procedures, and the encouragement of joint ventures.</text>
  </level>
  <level label="j">
    <text>The Commission shall hear appeals of any determination made by the Minority Business Development Division or its designee to deny a minority business enterprise certification.</text>
  </level>
  <level label="k">
    <text>The Commission shall hear the appeal of any decision by the Minority Business Development Division or its designee to decertify any minority business enterprise. Such appeal shall be heard and determined by the Commission within ninety (90) days after the date on which it was filed.</text>
  </level>
  <level label="l">
    <text>The Commission shall submit annual reports to the County Executive and the County Council on its activities during the reporting period</text>
  </level>
  <level label="m">
    <text>In the administration and enforcement of the provisions of this Division and Division 6 of Subtitle 10A of this Code, the Commission has power to administer oaths, and, upon majority vote of the full Commission, to issue subpoenas, to compel for a formal hearing the attendance for testimony of witnesses and the production of records and documents relevant or necessary for proceedings. Any such subpoena shall be served by the sheriff or deputy sheriff of the political subdivision in which is located the residence of the person or the main office of the firm, association, partnership, or corporation against whom or which the subpoena is issued. In case of disobedience to a subpoena, the County, on behalf of the Commission, may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and/or the production of records and documents. After notice to the person subpoenaed as a witness or directed to produce records and documents, and upon a finding that the attendance and testimony of the witness or the production of the records and documents is relevant or necessary for the proceedings of the Commission, the court may issue an order requiring the attendance and testimony of the witness and the production of the records and documents. Any failure to obey such an order of the court may be punished as contempt of court.</text>
  </level>
</section>
