04-11-11 Council Agenda & Packet

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Substitute Bill No.86-10 April 4,2011 Page 7 (6)In construction bids for which formal advertised bidding is required by State law, the Legal Department shall review bid specifications submitted by the City departments and their promulgate goals for the utilization of MBEs and WBEs. In no event shall a bidder be required to award a subcontract to a MBE/WBE, but it may not unlawfully discriminate against said MBE/WBE. The "good faith"effort of bidders in obtaining MBE and WBE participation shall be considered by the boards and commissions awarding contracts as a factor in determining a lowest responsible, responsive bidder. (7) The Legal Department, in consultation with the Board and Diversity Compliance Officer, shall report to the City departments and boards concerning contract language and procedures which will enable MBEs and WBEs to more competitively submit bids to the City or to prime contractors, including, but not limited to,prompt payment, bonding requirements, and any other lawful means to better utilize MBEs and WBEs. (8) The Legal Department shall investigate allegations of noncompliance by contractors with goals of the City as to utilization of MBEs and WBEs or practices of the contractors wherein it is alleged that discriminatory practices or procedures of the contractors were used in the solicitation, award or execution of subcontracts, contracts for supplies or contracts for services. The Legal Department shall report its findings to the Board for a determination and a report and recommendation. An adverse determination by the Board may be appealed by the contractor to the awarding board within thirty(30) days of notice of such a determination.A determination of such discriminatory practice following notice and hearing before the awarding board shall be referred to the appropriate state and federal enforcement agencies for appropriate action. A fording of such a discriminatory practice shall prohibit that fnrn from being awarded a contract or being a subcontractor on a City contract for a period of one (1) year from the date of such determination. Additionally, such a determination may be grounds for terminating the contract to which the discriminatory practice or noncompliance pertains. (9) The Board shall see that the City of South Bend continues to work to eliminate barriers to participation in City contracts, and shall promote diversity and inclusion, by multiple means, which shall include but not be limited to: (i) Providing up-to-date information on the City's official website including brochures about the City's Minority and Women Business Diversity Development Programs, which can be downloaded; Architectural Metal&Glass Works Local# 1165; Heat and Frost Insulators and Allied Workers Local#75; International Association of Bridge,Structural, Ornamental and Reinforcing Iron Workers Local#292;International Brotherhood of Electrical Workers Local# 153;International Brotherhood of Painters&Allied Trades Local# 1118; Laborers' international Union of North America Local#645;Millwrights Local# 1029;Operating Engineers Local# 150;Operative Plasterers&Cement Masons international Association Local#692; Sheet Metal Workers Local#20; Sprinkler Fitters Local#669;Teamsters Local#364; United Association of Journeymen and Apprentices of the Plumbing&Pipefitting Industry of the United States and Canada Local# 172;United Brotherhood of Carpenters& Joiners of America Local#413;and United.Union of Roofers&Waterproofers Local#23.