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2. Providing resources to implement the Program;
<br />3. Adoption of a Small Business Enterprise target market; and
<br />4. Increase of vendor communication and outreach to MWBEs and small firms
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<br />b) Race- and Gender-Conscious Measures: The City shall develop and use constitutionally appropriate, narrowly tailored race-
<br />and gender-conscious measures to facilitate the participation of minority and women owned firms in City contracting
<br />activities and affirmatively address past discrimination, as identified in a current disparity study or other evidentiary analysis.
<br />These measures shall be detailed in the Program Plan, and shall include, but are not limited to:
<br />1. Goal Setting as an annual, overall target for MWBE utilization in City contracts (prime contracts and subcontracts
<br />combined);
<br />2. Goal setting for specific contracts that are narrowly tailored to the specifics of the project;
<br />3. Clearly delineated policies and forms by which a bidder or proposer can establish that it has either met the contract
<br />goal(s) or made good faith efforts to do so;
<br />4. A process to appeal adverse determinations under the program that meets due process standards;
<br />5. A full and thorough review of the evidentiary basis for the MWBE program conducted approximately every five to
<br />seven years in time to meet the sunset date; and
<br />6. A sunset date for the MWBE program, to occur seven years from the date of the most recent evidentiary review
<br />outlined in subsection (h), that is, when it will end unless reauthorized based upon the findings of an updated
<br />disparity study or other evidentiary review.
<br />The specific measures utilized by the City shall be documented in the Program Plan and shall be updated and maintained by the
<br />Program Administrator.
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<br />Sec. 14.5-6. Nondiscrimination Provisions
<br />a) All contracts for the purchase of goods, supplies , services and construction awarded by the City shall contain provisions
<br />requiring the contractor and its subcontractors not to discriminate against any firm or employee or applicant for employment
<br />in the performance of the contract, with respect to hire, tenure, terms, conditions or privileges of contract or employment, or
<br />any matter directly or indirectly related to contracting or employment because of race, religion, color, sex, national origin,
<br />ancestry, sexual orientation, gender identity, or due to age or disability that does not affect that person’s ability to perform the
<br />work.
<br />b) The City will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate
<br />against anyone in connection with the award and performance of any contract on the basis of race, religion, color, sex,
<br />disability, national origin, ancestry, sexual orientation or gender identity.
<br />c) The City will not, directly or through contractual or other arrangements, use criteria or methods of administration that have
<br />the effect of defeating or substantially impairing accomplishment of the objectives of its Program with respect to individuals
<br />of a particular race, religion, color, sex, national origin, ancestry, sexual orientation, gender identity, or due to age or
<br />disability that does not affect that person’s ability to perform the work.
<br />d) In addition to the commitments to nondiscrimination outlined above, the City shall take affirmative steps to remedy historic
<br />discrimination as identified in a Disparity Study conducted from time to time by developing and using constitutionally
<br />appropriate, narrowly tailored race- and gender-conscious measures to facilitate the participation of minority and women
<br />owned firms in City contracting. Further, in connection with the City’s narrowly tailored race- and gender-conscious
<br />measures, contractors and subcontractors may facilitate the utilization of MWBEs in goal-eligible contracts.
<br />Sec.14.5-7. Registration Required for All Vendors.
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<br />All vendors seeking contracting opportunities with the City shall complete the City's vendor registration process. Registration
<br />requirements shall include the provision of information related to a firm's status as a small, local, woman, or minority owned business
<br />in addition to general business information as established by the City.
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<br />Sec. 14.5-8. Violations and Sanctions
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<br />Violations by vendors of the procedures and policies established in the Program Plan may result in sanctions as defined in the Program
<br />Plan, including a determination that the violating party is non-responsive and subject to being barred from future City contracts.
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<br />Sec. 14.5-9. Maintenance of Records and Reporting Procedures
<br />a) The City shall implement a comprehensive tracking and reporting system whereby the City can identify and collect
<br />information on awards to and utilization of all firms, including MWBEs and other certified businesses as appropriate. The
<br />system shall also identify and track subcontractor participation and prompt payment compliance.
<br />b) The City will prepare and make public an annual report documenting minority and women-owned business participation,
<br />including but not limited to, the utilization of MBEs and WBEs on all City Contracts governed by this Program and other
<br />certified businesses as appropriate. This report will be presented to the Inclusive Contracting and Procurement Board and the
<br />Common Council and will be made publicly available.
<br />Sec. 14.5-10. Emergency Contracts and Certain Professional Services Contracts Exceptions
<br />a) The provisions of this chapter shall not apply to Emergency Contracts.
<br />b) Because no attorney may be employed by the City without authorization of the City’s Corporation Counsel (Ind. Code 36-4-
<br />9-12), legal services are excepted from contract-specific goal setting under the City’s Program created by this Chapter.
<br />c) Specialized engineering services as defined in Section 14.5-2(k) of this Article require selection on a particularized need
<br />basis, which often requires a nationwide search in order to identify service providers with the requisite specialized skill
<br />set. Factors include the length and breadth of the service provider’s experience in the specialty field, reputation for
<br />exceptional performance, and sufficiency and experience of service provider’s workforce relative to the timing and
<br />complexity of the project, among others. At this time, specialized engineering services shall not require contract specific goal
<br />setting under the City’s Program created by this Chapter.
<br />d) Notwithstanding exceptions (b) and (c) of this Section, due consideration shall always be given to any such qualified MWBE
<br />service provider within the City’s geographic market area, and the City shall proactively identify and provide opportunities
<br />for MWBE’s who perform engineering or legal services to expand into more specialized areas of expertise useful to the City.
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