04-11-11 Council Agenda & Packet

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Substitute Bill No.86-10 April 4,2011 Page 3 (d) City contract means any contract awarded by the City of South Bend or any of its agencies, boards or commissions for work, labor, services, suppliers, equipment,materials or any combination of the foregoing; the term specifically includes but shall not be limited to any purchase or lease of materials pursuant to IC 36-1-9.53, any public work project authorized pursuant to IC 36- 1-12-4,4 or other contract in which public bids are not required by law. (e) Contract goal means a targeted amount of participation as measured by the desired percentage of involvement by certified minority and women's business enterprises developed by the City's MBE/WBE Utilization Board.5 (t) Contracting agency means the,City department, agency,board or commission having the power to award a City contract. (g) Contractor means any person, partnership, corporation, association or joint venture which has been awarded a City contract. (h) Discriminatory practice means the exclusion of a person or persons from equal employment opportunity or equal business opportunity because of race, sex or national origin. (i) Diversity Compliance Officer means the person designated by the Common Council to work with the City's MBE/WBE Utilization Board and contracting agencies to assist in overseeing, implementing, and enforcing this Chapter, who would provide quarterly updates to the Mayor and the Common Council. �) Emergency contract means a contract that is awarded on an emergency basis due to a threat of harm to person or property or threat of disruption of governmental services. (k) ]Local MBE or local WBE means an MBE or WBE certified in the State of Indiana which has an owner who has resided in St. Joseph County or has had a business office in St. Joseph County for three (3) years. (1) MBE/WBE Program Waiver means a petition process where a contractor is unable to meet goals established in the Minority/Women Business Utilization Plan. (m) Memorandum of Understanding means a written agreement between the Indiana Department of Administration, Minority& Women's Business Enterprises Division and the City of South Bend authorizing certification and the maintenance of a central certification file.6 3 This chapter applies only to contracts awarded by local boards of aviation commissioners operating under Indiana Code§ 8-22-2 and local airport authorities operating under Indiana Code§8-22-3. 4 This section deals with public works projects of at least$75,000 or more. S 25 Indiana Administrative Code 5-2-1 (2)(6)sets forth this definition for"contract goal". 6 The City of Indianapolis has such a Memorandum of Understanding as part of their program.