Current through September 18, 2024
Authority: IC 4-33-4; IC
4-33-14-10; IC 4-35-4; IC
4-35-11-10
Affected: IC 4-13-16.5; IC 4-33; IC 4-35
Sec. 9.
(a) Within
thirty (30) days after a casino licensee determines that it will not attain an
established goal, or that it will not reach utilization consistent with
capacity as determined by the most recent disparity study conducted under IC
4-33-14-5(b)
or IC
4-35-11-6(b),
the casino licensee shall submit a report to the commission that includes a
detailed description of its efforts to attain the established goal or capacity,
including, but not limited to, the following:
(1) Documentation of direct contact or
negotiations with minority and women's business enterprises for specific
contracting or transacting opportunities. The actions taken shall be reported
in a manner that will include the following items:
(A) A detailed statement of the efforts made
to negotiate with minority and women's business enterprises, including the
following:
(i) The names, business addresses,
and business telephone numbers of the minority and women's business enterprises
contacted.
(ii) A detailed
statement of the reason why prospective agreements were not reached.
(B) A detailed statement of the
efforts, if any, to be undertaken by the licensee that may reasonably be
expected to increase the likelihood of achieving the established
goal.
(2) Documentation
of any advertising performed in the search for prospective minority and women's
business enterprises for the contract or transaction.
(3) Documentation of any notifications
provided to minority business assistance agencies for the purpose of locating
prospective minority and women's business enterprises for the contract or
transaction.
(4) Documentation of
efforts taken to research other possible areas of participation.
(5) Documentation regarding the contractor's
policies or programs as they pertain to the utilization of minority and women's
business enterprises. This documentation should also provide an explanation of
the methods used to carry out those policies or programs.
(6) Documentation relevant to any other
efforts made to assist minority and women's business enterprises in overcoming
any traditional barriers of participation in the industry affected by the
contract or transaction.
(b) The casino licensee and contractor shall
maintain adequate records of all relevant data with respect to the utilization
and attempted utilization of minority and women's business enterprises and
shall provide full access to these records to the executive director or
commission upon request to inspect them. The commission shall make the records
required by this article available to the department of administration,
minority business development upon the direction of the executive director. The
records shall include, but not be limited to, the following information:
(1) The degree of achievement of the goals
the casino licensee believes possible, and the time frame for achieving the
established goals.
(2) The plan
devised by the casino licensee regarding the utilization of minority and
women's business enterprises.
(3)
The resources being devoted toward attainment of the established goal and any
changes in that level during the past year.
(4) Any problems encountered by contractors
in complying with the provisions of a participation plan, the casino licensee's
reaction to these problems, and the efforts made to anticipate the problems and
adjust the efforts accordingly.
