Professional Services Agreement - Colette Holt and Associates - MBE WBE Purchasing Disparity Study

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AGREEMENT FOR CONDUCTING M/WBE DISPARITY STUDY CONSULTING SERVICES THIS AGREEMENT FOR CONDUCTING A MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE DISPARITY STUDY CONSULTING SERVICES (this "Agreement") is made effective the 8th day of April, 2018 (the "Effective Date"), by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works (the "City"), and COLETTE HOLT AND ASSOCIATES, A California business (the "Provider"). RECITALS WHEREAS, in 1987, the City Administration and the Common Council worked for months researching, discussing and hosting public meetings, and specifically sought input from the Mayor's Minority Affairs Council to develop local regulations addressing employment opportunities. 2nd District Council Member Eugenia Braboy sponsored a proposed ordinance, which the Common Council passed in order to "address equal opportunity for minorities and women with regard to employment and bidding for City contracts." Those regulations became Ordinance No. 7811-87 and were codified into the South Bend Municipal Code as Article 1 of Chapter 14.5. WHEREAS, in 1989, the United States Supreme Court held in City of Richmond v, J.A. Croson Co., 488 U.S. 469 (1989), that state and local government's use of race in contracting decisions would be subject to a "strict scrutiny standard" whereby a "compelling interest" in remedying discrimination must be shown, and any remedies adopted must be "narrowly tailored" to the evidence of discrimination. WHEREAS, it was with the interest of improving overall participation and opportunities in South Bend and having regulations which were consistent with then governing law, that the 2011 Minority and Women Business Enterprise Diversity Development Program was proposed to amend the 1987 regulations codified in the South Bend Municipal Code. WHEREAS, the 2011 ordinance was aimed at maximizing participation and opportunities in South Bend by facilitating networking, outreach, communication, education, training, internal accountability and employment opportunities for qualified minority and women business enterprises. The 2011 ordinance was designed with the intent of being a pro -active, fair, and reasonable mechanism, and in the best interest of our City. WHEREAS, the City now seeks to collect data regarding women- and minority - owned business enterprise utilization, disadvantaged business enterprise utilization, and small business utilization in order to enforce the 2011 ordinance and to determine the appropriate steps necessary to remedy any discrimination in South Bend.