Common use of SMALL BUSINESS ENTERPRISE PROGRAM Clause in Contracts

SMALL BUSINESS ENTERPRISE PROGRAM. DEVELOPER shall, in developing and constructing the PROJECT, use Best Efforts, as defined below, to utilize SBEs for no less than % of the total PROJECT construction costs including the amounts expended for the purchase of non-professional services and supplies and % of the amounts expended for the purchase of professional services for the PROJECT deemed eligible pursuant to SBE guidelines, as summarized in Exhibit A “Categories of Work.” A. “Best Efforts,” when exercised by DEVELOPER in conjunction with the PROJECT, is defined as DEVELOPER completing all of the following activities: 1. Advertise in general circulation and trade association media, as well as in community newspapers regarding contracting and subcontracting opportunities. Advertising in the Daily Reporter and two other publications shall be the minimum acceptable level of performance. Complete Exhibit B “SBE 2. Provide interested SBEs and the agencies listed in Exhibit C “SBE Marketing Plan – Community Agency Contacts” with adequate information about the PROJECT plans, specifications, and contract/subcontract requirements at least two weeks prior to the date the contract bidding process commences. DEVELOPER shall document Community Agency Contacts by completing the Contact Sheet attached as Exhibit C1 “SBE Contact Sheet” and submitting the completed Contact Sheet to the SBE Office prior to commencement of the bidding process. 3. Complete and submit Exhibit D “Form A – Contractor Compliance Plan” to the SBE Office upon execution of the prime contractor’s contract, if any, or upon commencement of construction. 4. Conduct pre-bid or selection conferences and a walk-through at least two weeks in advance of the date that bids are due. 5. Provide written notice of the PROJECT to all pertinent construction trade and professional service SBEs listed in the current City of Milwaukee Directory soliciting their services in sufficient time (at least two weeks) to allow those businesses to participate effectively in the contract bidding or selection process. To identify SBEs for the PROJECT, utilize the current Official City of Milwaukee SBE Directory published by CITY’s SBE Office. The directory can be accessed on-line at: xxxxx://xxxxxxxxx.xxxxxxxxxxxxxxxxxxx.xxx/FrontEnd/XxxxxxXxxxxxXxxxxx.xx p?TN=milwaukee&XID=2276 6. Follow-up with SBEs who show an interest in the PROJECT during the initial solicitation process and document contact with SBE firms using Exhibit E “SBE Solicitation Form.” 7. Select trade and professional service areas for SBE awards wherein the greatest number of SBEs exist to perform the work, thereby increasing the likelihood of contracts or subcontracts being awarded to SBEs. Where appropriate, split contracts or subcontracts into smaller, economically feasible units to facilitate SBE participation. 8. Negotiate in good faith with interested SBEs, not reject SBE bids or proposals as unqualified or too high without sound reasons based on a thorough review of the bid or proposal submitted and maintain documentation to support the rejection of any SBE bid or proposal. Bids that are not cost effective and/or are not consistent with the PROJECT schedule will be considered “rejectable.” Rejected bids or proposals shall be documented on Exhibit F “SBE Rejection of Bid or Proposal Form.” 9. Utilize the services available from public or private agencies and other organizations for identifying SBEs available to perform the work. 10. Include in the PROJECT bid, RFP or selection documents and advertisements an explanation of PROJECT requirements for SBE participation to prospective contractors and subcontractors. 11. As necessary and whenever possible, facilitate the following: (a) Joint ventures, limited partnerships or other business relationships intended to increase SBE areas of expertise, bonding capacity, credit limits, etc. (b) Training relationships (c) Mentor/protégé agreements B. If DEVELOPER completes the aforementioned activities it shall be deemed that DEVELOPER has acted in “good faith” and has satisfied the requirement for using Best Efforts for SBE participation for the PROJECT. C. If at any point during the term of this Agreement, DEVELOPER meets or exceeds the % requirement for SBE participation for the construction, including supplies and non- professional services, of any phase or portion of the PROJECT or the % requirement for SBE participation for the purchase of professional services for any phase or portion of the PROJECT, whether commenced before or after the date hereof, it shall be deemed that DEVELOPER has achieved or exceeded CITY’s SBE requirement with respect to the Project, for the purposes of fulfilling the terms of this Agreement. D. Contract or subcontract amounts awarded to SBE suppliers, that do not manufacture products they supply, may only be counted for up to 20% of the % SBE participation requirement for construction supplies.

SMALL BUSINESS ENTERPRISE PROGRAM. DEVELOPER shall, in developing and constructing the PROJECT, use Best Efforts, as defined below, to utilize SBEs for no less than % of the total PROJECT construction costs including the amounts expended for the purchase of non-professional services and supplies and % of the amounts expended for the purchase of professional services for the PROJECT deemed eligible pursuant to SBE guidelines, as summarized in Exhibit A “Categories of Work.” A. “Best Efforts,” when exercised by DEVELOPER in conjunction with the PROJECT, is defined as DEVELOPER completing all of the following activities: 1. Advertise in general circulation and trade association media, as well as in community newspapers regarding contracting and subcontracting opportunities. Advertising in the Daily Reporter and two other publications shall be the minimum acceptable level of performance. Complete Exhibit B “SBE 2. Provide interested SBEs and the agencies listed in Exhibit C “SBE Marketing Plan – Community Agency Contacts” with adequate information about the PROJECT plans, specifications, and contract/subcontract requirements at least two weeks prior to the date the contract bidding process commences. DEVELOPER shall document Community Agency Contacts by completing the Contact Sheet attached as Exhibit C1 “SBE Contact Sheet” and submitting the completed Contact Sheet to the SBE Office prior to commencement of the bidding process. 3. Complete and submit Exhibit D “Form A – Contractor Compliance Plan” to the SBE Office upon execution of the prime contractor’s contract, if any, or upon commencement of construction. 4. Conduct pre-bid or selection conferences and a walk-through at least two weeks in advance of the date that bids are due. 5. Provide written notice of the PROJECT to all pertinent construction trade and professional service SBEs listed in the current City of Milwaukee Directory soliciting their services in sufficient time (at least two weeks) to allow those businesses to participate effectively in the contract bidding or selection process. To identify SBEs for the PROJECT, utilize the current Official City of Milwaukee SBE Directory published by CITY’s SBE Office. The directory can be accessed on-line at: xxxxx://xxxxxxxxx.xxxxxxxxxxxxxxxxxxx.xxx/FrontEnd/XxxxxxXxxxxxXxxxxx.xx p?TN=milwaukee&XID=2276 6. Follow-up with SBEs who show an interest in the PROJECT during the initial solicitation process and document contact with SBE firms using Exhibit E “SBE Solicitation Form.” 7. Select trade and professional service areas for SBE awards wherein the greatest number of SBEs exist to perform the work, thereby increasing the likelihood of contracts or subcontracts being awarded to SBEs. Where appropriate, split contracts or subcontracts into smaller, economically feasible units to facilitate SBE participation. 8. Negotiate in good faith with interested SBEs, not reject SBE bids or proposals as unqualified or too high without sound reasons based on a thorough review of the bid or proposal submitted and maintain documentation to support the rejection of any SBE bid or proposal. Bids that are not cost effective and/or are not consistent with the PROJECT schedule will be considered “rejectable.” Rejected bids or proposals shall be documented on Exhibit F “SBE Rejection of Bid or Proposal Form.” 9. Utilize the services available from public or private agencies and other organizations for identifying SBEs available to perform the work. 10. Include in the PROJECT bid, RFP or selection documents and advertisements an explanation of PROJECT requirements for SBE participation to prospective contractors and subcontractors. 11. As necessary and whenever possible, facilitate the following: (a) Joint ventures, limited partnerships or other business relationships intended to increase SBE areas of expertise, bonding capacity, credit limits, etc. (b) Training relationships (c) Mentor/protégé agreements B. If DEVELOPER completes the aforementioned activities it shall be deemed that DEVELOPER has acted in “good faith” and has satisfied the requirement for using Best Efforts for SBE participation for the PROJECT. C. If at any point during the term of this Agreement, DEVELOPER meets or exceeds the 20% requirement for SBE participation for the construction, including supplies and non- professional services, of any phase or portion of the PROJECT or the 18% requirement for SBE participation for the purchase of professional services for any phase or portion of the PROJECT, whether commenced before or after the date hereof, it shall be deemed that DEVELOPER has achieved or exceeded CITY’s SBE requirement with respect to the Project, for the purposes of fulfilling the terms of this Agreement. D. Contract or subcontract amounts awarded to SBE suppliers, that do not manufacture products they supply, may only be counted for up to 20% of the 20% SBE participation requirement for construction supplies.