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03-14-11 Council Agenda & Packet
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03-14-11 Council Agenda & Packet
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Revision to: (Ord.No. 7811-87, § 1) <br /> ARTICLE 4. AITIRMATM ACTION CO16+I1PLIANCE 1pOL1CV AND PROCEDURES <br /> Sec. 14.5-4. Application of this article. This article shall apply to all City departments,agencies, boards <br /> and commissions. <br /> Sec. 14.5-5—. Conformity with.Applicable Federal and State Laws of the Code of the City of <br /> South `Bead. <br /> The provisions of this Article shall be construed according to and in conformity with Acts of <br /> Congress and of the Legislature of the State of Indiana concerning the bidding and awarding of <br /> contracts in accordance with United States Department of Transportation, 49 CFR Part 23, 24 <br /> CFR. part 135 (Section 3), Title VI of the Civil Rights Act of 1964, Executive Order 11625, <br /> October 13, 1971, Executive Order 11246, and other laws applicable to providing contracting <br /> opportunities to Disadvantaged Business Enterprises(DBE), Women and Minority Business <br /> Enterprises (WMBE) and Section 3 Business Enterprise. Where provisions of this Article come <br /> into conflict with either federal or state law or Code of the City of South `Bend, the federal or <br /> state law or City Code shall prevail. <br /> Sec. 14.5-6. Diversity Compliance Officer <br /> The Mayor shall designate a Diversity Compliance Officer (DCO) or designated Consulting <br /> Firm. The DCO's duties will include the following: monitor contractors awarded contracts with <br /> the City for construction services for compliance with all applicable Federal, State and Local <br /> laws, statues, and codes regarding minority, women and Section 3 employment requirements and <br /> women and minority business enterprise contracting and subcontracting levels during the <br /> contractual term. The Compliance Official shall also prepare a list of all minority business <br /> enterprises in the Standard Metropolitan Statistical Area, compliance guidelines for contractors <br /> with the City for construction services, with said guidelines to include monitoring and reporting <br /> procedures, and recommendation for actions to be taken should non-compliance occur and <br /> procedural guidelines for City allocation of contracts to minority business enterprises as provided <br /> by this ordinance. Said guidelines shall be subject to the approval of City Council. The <br /> Compliance Official or designated Consulting Firm shall also perform such other duties relating <br /> to the provisions of this.Article as may be directed by the Mayor. <br /> Sec. 14.5-7. Establishment of Goals. <br /> (1) To achieve parity there is hereby established a goal of 18% (15% minority and 3% women) <br /> of the City's annual monetary value of contracts and subcontracts for supplies, services and <br /> construction to be awarded to minority business enterprises meeting contract specifications. <br /> Calculation of the 18% monetary value shall not include the amounts for contracts for which no <br /> minority business enterprise bid or contracts where no W/MBE meets the specifications. <br />
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