01-10-11 Council Agenda & Packet

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Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES STATEMEN TO PURPOSE AND INTENT In 1987 the South Bend Common Council passed Ordinance No.7811 -87, which created Chapter 14.5, and it's various sections. Ordinance 7811 -87 was developed in consultation with the Minority Affairs Council and with the City's Legal Department and the Common Council attorney. It required equal employment opportunity and equal contracting opportunity for all persons without regard to race or sex. It was determined that when minority and women representation is not in proportion in the applicable work force or business category, certain goals are required to be established by City departments, boards, or commissions, and steps must be taken toward meeting those goals. In the 23 years that have lapsed since Ordinance 7811 -87 was initiated the goals and purposes stated in the original supporting documents have been adhered to. The amendments attached are to added to provide a greater degree of checks and balances and to better provide remedial procedures when goals are not feasible. REVISIONS (Ord. No. 7811 -87, § 1) Revision to: Recommended that the term Affirmative Action through of the bill be replaced with modern day terminology such as Diversity Utilization Plan. ARTICLE 1. GENERAL PROVISIONS Recommended Revision to the following item to: ( added /C"f)171pliance Polic7) (b) The South Bend common Council declares that the following affirmative action C'omptiame Polic y procedures are established for the purpose of facilitating equal opportunity, prohibiting discrimination against minorities and women, and remedying instances of underrepresentation of minorities and women in certain aspects of City employment and contracting. (c) Private corporations, firms, or persons receiving tax abatement or tax credit development incentives from the City shall award their construction and purchase contracts consistent with the objectives set forth in this section. (d) The City of South Bend procurement process will include language in all solicitations, using local taxes systems or mixed financing requiring municipal bonds as a funding mechanisms, that ensures local contractors are awarded the vast major of the City's local construction contracts. To qualify for this preference Small Local Business Enterprises must have an Approved