03-28-11 Council Agenda & Packet

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Revision to: (Ord. No. 7811 -87, § 1) A."ICLE 4. AFFUM&TIVE ACTION CO ILL4NCE POLICY AND PROCEDURES Sec. 14.5 -4. Application of this article. This article shall apply to all City departments, agencies, boards and commissions. See. 14.5-5—. Conformity with Applicable Federal and State Laws of the Code of the City of South "Bead. The provisions of this Article shall be construed according to and in conformity with Acts of Congress and of the Legislature of the State of Indiana concerning the bidding and awarding of contracts in accordance with United States Department of Transportation, 49 CFR part 23, 24 CFR. part 135 (Section 3), Title VI of the Civil Rights Act of 1964, Executive Order 11625, October 13, 1971, Executive Order 11246, and other laws applicable to providing contracting opportunities to Disadvantaged Business Enterprises(DBE), Women and Minority Business Enterprises (WMBE) and Section 3 Business Enterprise. Where provisions of this Article come into conflict with either federal or state law or Code of the City of South `Bend, the federal or state law or City Code shall prevail. Sec. 14.5 -6. Diversity Compliance Officer The Mayor shall designate a Diversity Compliance Officer (DCO) or designated Consulting Firm. The DCO's duties will include the following: monitor contractors awarded contracts with the City for construction services for compliance with all applicable Federal, State and Local laws, statues, and codes regarding minority, women and Section 3 employment requirements and women and minority business enterprise contracting and subcontracting levels during the contractual term. The Compliance Official shall also prepare a list of all minority business enterprises in the Standard Metropolitan Statistical Area, compliance guidelines for contractors with the City for construction services, with said guidelines to include monitoring and reporting procedures, and recommendation for actions to be taken should non - compliance occur and procedural guidelines for City allocation of contracts to minority business enterprises as provided by this ordinance. Said guidelines shall be subject to the approval of City Council. The Compliance Official or designated Consulting Firm shall also perform such other duties relating to the provisions of this Article as may be directed by the Mayor. See. 14.5-7. Establishment of Goals. (1) To achieve parity there is hereby established a goal of 18% (15% minority and 3% women) of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to minority business enterprises meeting contract specifications. Calculation of the 18% monetary value shall not include the amounts for contracts for which no minority business enterprise bid or contracts where no W/MBE meets the specifications.