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the title of whom is subject to future change. The Program Administrator shall work with the City's Inclusive Procurement
<br />and Contracting Board, Legal Department, and contracting agencies to assist in making recommendations, overseeing,
<br />implementing, and enforcing this Chapter.
<br />k) Program Plan means the Minority and Women Business Enterprise Inclusion Program Plan
<br />l) Specialized Engineering Services means engineering services beyond design or build of basic structures in which the
<br />services involve more specific emphasis on particular areas of applied mathematics, applied science, and narrow specific
<br />types of application. Specialized engineering services may include but are not limited to aquatic and environmental
<br />engineering; computer engineering (the combination of computer science and electronics engineering to develop hardware
<br />and software for governmental bodies); electrical power generation; geotechnical engineering; highway and transportation
<br />engineering (the safe, efficient, rapid, convenient, economic and environmentally compatible movement of people, goods and
<br />transportation); safety engineering; water resource & supply engineering(includes water supply, treatment, distribution, and
<br />management); sanitary engineering (includes wastewater treatment for sewage or industrial wastewater); robotics;
<br />thermodynamics; and telecommunications engineering
<br />m) Subcontractor means any person entering into a contract with a contractor to directly furnish services or supplies toward the
<br />contract.
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<br />Sec. 14.5-3. Establishment of Program Plan
<br />The Program Administrator shall provide City-wide oversight and be responsible for working with affected departments to develop
<br />policies, procedures, metrics, and reporting mechanisms designed to achieve the goals of this Chapter 14.5. These policies,
<br />procedures, and reporting mechanisms shall be incorporated into the Minority and Women Business Enterprise Inclusion Program
<br />Plan (“Program Plan”). The City's Program Administrator shall be responsible for developing and maintaining the Program Plan.
<br />Any changes made by the Program Administrator to the Program Plan (as incorporated in this ordinance) will be reviewed by the
<br />Inclusive Procurement and Contracting Board at the next regular meeting following the implementation of the change.
<br />On an annual basis, the Program Administrator shall provide to Council and make public the current version of the Program Plan. In
<br />addition, on an annual basis, the Program Administrator shall present to Council an overview of the current version of the Program
<br />Plan, including any changes in policies, procedures, metrics, or reporting mechanisms.
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<br />Sec. 14.5-4. Inclusive Procurement and Contracting Board
<br />a) Eleven-Member Board: There is created a City Inclusive Procurement and Contracting Board to assist in the implementation
<br />of the goals and purposes of this Chapter. The Board shall consist of eleven (11) members. three (3) members shall be
<br />appointed by the Common Council, three (3) members shall be appointed by the Mayor, one (1) member shall be
<br />appointed by the AFL-CIO chapter serving the City of South Bend, one (1) member shall be appointed by the South Bend
<br />Regional Chamber of Commerce or another officially recognized Chamber of Commerce serving South Bend, one (1)
<br />member shall be the Program Administrator or her/his /their designee, one (1) member shall be the Executive Director of
<br />Community Investments or her/his/their designee, and one (1) member shall be the Director of Public Works or his/her/their
<br />designee.
<br />b) Term of Appointments: All Board appointments expire on December 31st of the second year for which they are made. Board
<br />members may be removed at the pleasure of the appointing authority prior to the expiration of their terms.
<br />c) Board Officers: The Board shall elect from its membership a President and a Vice- President, who shall act as the presiding
<br />officer in the absence of the President. The Board shall also elect from its membership a Secretary, who shall provide notice
<br />and maintain minutes of Board meetings as required under the Indiana Open Door Law.
<br />d) Board members shall serve without compensation
<br />e) The Board shall have the following duties and authority:
<br />1. The Board, in consultation with the Program Administrator, shall fix an annual utilization goal percentage for the
<br />utilization of MWBEs within the City's geographic marketplace. This annual utilization goal will be based on up-to-
<br />date data on weighted availability of MWBE firms in the City’s geographic marketplace, gathered in compliance
<br />with the procedures outlined in the Program Plan.
<br />2. The Board shall conduct a formal review of the effectiveness of the City in meeting its annual contracting and
<br />procurement goals for MWBEs located within the City's defined geographic marketplace.
<br />3. The Board shall provide feedback and recommendations to the Program Administrator on changes to the Program
<br />Plan that would increase the effectiveness of the City in meeting its annual contracting and procurement goals.
<br />4. The Board, in consultation with the Program Administrator, shall provide input regarding all efforts employed by
<br />the City to foster inclusive procurement and contracting;
<br />5. The Board shall make recommendations to the Mayor and Common Council based on future needs and assessments;
<br />6. The Board shall consult with the Program Administrator regarding the Office of Diversity and Inclusion’s budget
<br />prior to the annual budget cycle;
<br />7. The Board shall review the MWBE Inclusion Program Plan, in collaboration with the Program Administrator, City
<br />Director of Purchasing, and Legal Department annually to ensure legal compliance and adherence to legislative
<br />intent;
<br />8. The Board shall work with the City in furtherance of its efforts to eliminate barriers to participation in City
<br />contracts, and shall promote diversity and inclusion, by multiple means; and
<br />9. The Board shall take on additional duties as specified in the Program Plan
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<br />Sec. 14.5-5. Measures to ensure equitable opportunities for minority and women contractors and subcontractors;
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<br />The City shall develop and use measures designed to accomplish the goals and purposes of this Chapter. Specifically, these measures
<br />may include either or both of the following:
<br />a) Race- and Gender-Neutral Measures: Measures designed to remedy difficulties in accessing procurement opportunities that
<br />facilitate the participation of all firms in City contracting activities. These measures are designed to remedy difficulties such
<br />as restrictive bid specifications, excessive experience requirements, and overly burdensome insurance and/or bonding
<br />requirements. These measures do not require the City to use race or gender in its procurement decision-making. These race
<br />and gender neutral measures shall be detailed in the Program Plan, and shall include, but are not limited to:
<br />1. Implementation of an electronic contracting data collection, monitoring and notification system;
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