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Ordinance No. 10081-11 <br /> Substitute Bill No. 86-10 AS AMENDED <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA,AMENDING CHAPTER 14.5 OF THE SOUTHBEND MUNICIPAL CODE <br /> ADDRESSING MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY <br /> DEVELOPMENT PROGRAMS , <br /> STATEMENT OF PURPOSE AND INTENT <br /> In 1987, the City Administration and the Common Council worked for months researching, <br /> discussing and hosting public meetings, and specifically sought input from the Mayor's Minority <br /> Affairs Council to develop local regulations addressing employment opportunities. 2°d District <br /> Council Member Eugenia Braboy sponsored a proposed ordinance which the Common Council <br /> passed in order to "address equal opportunity for minorities and women with regard to employment <br /> and bidding for City contracts". Those regulations became Ordinance No. 7811-87 and were <br /> codified into the Soitth Bend Mtr�zicipal Code as Article 1 of Chapter 14.5. <br /> In 1989, the United States Supreme Court held in a 6-3 decision in Ciry of Riclanaorrd v. J.A. <br /> Croson Co., 488 U.S. 469 (19$9) that state and local regulations which included preference would <br /> be subject to a "strict scrutiny standard" whereby a "compelling interest" must be shown and such <br /> standards must be "narrowly tailored"to address the overall purposes of the regulations. <br /> In 1995, the United States Supreme Court held in a 5-4 decision in Ada�-and Const�•uction, <br /> Inc. v. Pe�ta, 515 U.S. 200 (1995) that remedying past discrimination may in some circumstances <br /> constitute a "compelling interest" sufficient to justify race-based measures. The Court did not <br /> address the constitutionality of programs which are aimed at advancing non-remedial objectives <br /> such as promoting diversity and inclusion. <br /> Programs which provide opportunity for minority-owned and women-owned businesses who <br /> wish to participate in the governmental contracting process have been implemented in Evansville, <br /> Fort Wayne and Indianapolis. Research reveals that the State of Indiana's implementation of the <br /> Minority and Women's Business Enterprises (MBVE/WBE) Program, has a component where it is <br /> regularly reviewed and evaluated, with the focus being the effectiveness of their program with <br /> regard to state contracts. In the interest of improving overall participation and opportunities in <br /> South Bend and having regulations which are consistent with governing statutes and judicial <br /> opinions, the following ordinance is proposed to amend the 1987 regulations cunently codified in <br /> the Soirth Be��d Mtrnicipal Code. The ordinance institutes local programs which are similar to <br /> others operating in the State of Indiana today. <br /> This ordinance is aimed to maximize participation and opportunities in South Bend by <br /> ' facilitating networking, outreach, communication, education, training, internal accountability and <br /> employrnent opportunities for qualified MBE and WBE. It is designed to be a pro-active, fair and a <br /> reasonable mechanism, which is believed to be reasonable, and in the best interest of our city. <br />