HomeMy WebLinkAbout06-15-2011 City Council Seeks Applicants to Serve on the City Minority-Owned and Women-Owned Business Utilization Board v« x
a� a
a,
South Bend Common Council
NEWS RELEASE June 15, 2011, 10 a.m.
South Bend City Council Seeks Applicants to Serve on the City
Minority-Owned and Women-Owned Businesses Utilization Board
Contact:
Council Member Timothy A. Rouse, 329-4288 Council President Derek D. Dieter, 532-2200
On April 11, 2011, the South Bend Common Council unanimously passed Ordinance No. 10081-11,
which was sponsored by Council Members Timothy A. Rouse, Karen L. White, Henry Davis, Jr.
and Derek D. Dieter. That ordinance:
• Updates the 1987 ordinance by facilitating practical programs where the City would have an
affirmative duty to network, communicate, train, educate and pro-actively outreach to qualified
minority-owned (MBE) and women-owned businesses (WBE)
• Incorporates internal accountability by creating a checks-and-balance system between the City
Administration and the Common Council
• Has a 9-member MBE/WBE Utilization Board which would closely with the Diversity
Compliance Office, the City Administration and the City Council in developing city policies
• Would create an environment that"doing business with South Bend is welcomed."
The City Council requests any South Bend resident who is interested in being considered to be
appointed by the Council to the 9-Member MBE/WBE Utilization Board complete the required
Application Form available on line at www.southbendin.gov or available from the Office of the City
Clerk, 0' Floor County-City Building, in downtown South Bend. The Council will be appointing
three (3) members, along with one (1) additional member who will be appointed by the Council in
consultation with Mayor Luecke.
Applications must be received no later than noon, Friday,June 24,2011, by the Office of the Citv
Clerk..
-30-
{,"I",trF mom.. ,y 911V Hp 5
SOUTH BEND CITIZEN APPLICATION FORM
FOR CONSIDERATION FOR APPOINTMENT TO THE
MBE/WBE UTILIZATION BOARD OF THE CITY OF SOUTH BEND INDIANA
On April 11, 2011, the South Bend Common Council passed Ordinance No. 10081-11 [copy
attached] which is aimed to maximize participation and opportunities in South Bend by facilitating
networking, outreach, communication, education, training, internal accountability and employment
opportunities for qualified Minority and Women Business Enterprises (MBE/WBE).
This application is voluntarily completed and filed for consideration by the South Bend Common
Council to be appointed to the 9-Member City MBE/WBE Utilization Board. I understand that, if appointed
that I must:
• Be a legal resident of the City of South Bend, Indiana and remain a legal
resident throughout the tern of appointment
• Serve without compensation and must comply with the State of Indiana's
conflict of interest law
• Have read and reviewed Ordinance No. 100 81-11
• May be removed at the pleasure of the Common Council
• Must carry out the duties and responsibilities of the City MBE/WBE Utilization
Board in a fair and equitable manner
Last Name First Name Middle Initial
Residential Street Address City State Zip Code Yrs of Residency at Address
Home Phone Work Phone Cell Phone Email Address
Educational Background [High School, College listing any degrees and name of colleges/universities]
Employment [Current employer—Position—Description of Duties—Years of Service
1. Position Statement: Briefly described why you are interested in being considered to be appointed to the
MBE/WBE Utilization Board.
2. Summary of Activities : Briefly described your participation in any professional and non-employment
activities/organization(s) in which you have been active, noting in particular current
memberships/associations:
3. Availability to Attend Meetings. It is anticipated that 1-3 hour time period(s) maybe regularly required
for meetings of the MBE/WBE Utilization Board. List the projected hours and days of the week which you
may be able to meet each month. [Example: The 2nd Wednesday of each month from 3-5 pm}
4. Organization Effectiveness: Check the level which best describes your experience in leadership,
team development, training, assessments and short and/or long-term planning:
_ None or limited _ Basic Skilled _ Expert
My experience includes:
5. Government Contract Compliance: Check the level which best describes your experience in
managing contract or procurement involving government entities and programs:
None or limited Basic _ Skilled Expert
My experience includes:
6. Human Resources: Check the level which best describes your experience in matters involving
compensation, human resources, compensation and/or benefit programs:
None or limited Basic Skilled Expert
My experience includes:
7. Procurement Background: Check the level which best describes your experience in development
of requests for proposals and/or contract negotiations:
None or limited _ Basic _ Skilled Expert
My experience includes:
8. Personal Strengths: Describe your vision and/or strengths which may best compliment the
powers and duties of the MBE/WBE Utilization Board:
I verify that the above information is true and correct to the best of my knowledge. I understand that
as a part of the application process, that I may be called for an interview to further discuss my qualifications
to serve.
If selected to serve on the MBE/WBE Utilization Board, I agree to regularly attend such Board
meetings, to review all documents sent to the Board, to participate in a fair and equitable manner during
Board meetings, and to carry out, to the best of my ability the powers and duties of the governing ordinances
of the City of South Bend and the laws of the State of Indiana.
Signature of Citizen Member Applicant Date
Printed/Typed Name of Citizen Member Applicant Date
Office of the City Clerk: FOR INTERNAL USE ONLY
Application Received
Notification to the Council
Interview Appointment Date Time
Application Filed
To Be Kept on Record for 1 year
Ordinance No. 10081-11
Substitute Bill No. 86-10 AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 14.5 OF THE SOUTH BEND MUNICIPAL CODE
ADDRESSING MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY
DEVELOPMENT PROGRAMS
STATEMENT OF PURPOSE AND INTENT
In 1987, the City Administration and the Common Council worked for months researching,
discussing and hosting public meetings, and specifically sought input from the Mayor's Minority
Affairs Council to develop local regulations addressing employment opportunities. 2"a District
Council Member Eugenia Braboy sponsored a proposed ordinance which the Common Council
passed in order to "address equal opportunity for minorities and women with regard to employment
and bidding for City contracts". Those regulations became Ordinance No. 7811-87 and were
codified into the South Bend Municipal Code as Article 1 of Chapter 14.5.
In 1989, the United States Supreme Court held in a 6-3 decision in City of Richmond v. J.A.
Croson Co., 488 U.S. 469 (1989) that state and local regulations which included preference would
be subject to a "strict scrutiny standard" whereby a "compelling interest" must be shown and such
standards must be`narrowly tailored"to address the overall purposes of the regulations.
In 1995, the United States Supreme Court held in a 5-4 decision in Adarand Construction,
Inc. v. Pena, 515 U.S. 200 (1995) that remedying past discrimination may in some circumstances
constitute a "compelling interest" sufficient to justify race-based measures. The Court did not
address the constitutionality of programs which are aimed at advancing non-remedial objectives
such as promoting diversity and inclusion.
Programs which provide opportunity for minority-owned and women-owned businesses who
wish to participate in the governmental contracting process have been implemented in Evansville,
Fort Wayne and Indianapolis. Research reveals that the State of Indiana's implementation of the
Minority and Women's Business Enterprises (MBVE/WBE) Program, has a component where it is
regularly reviewed and evaluated, with the focus being the effectiveness of their program with
regard to state contracts. In the interest of improving overall participation and opportunities in
South Bend and having regulations which are consistent with governing statutes and judicial
opinions, the following ordinance is proposed to amend the 1987 regulations currently codified in
the South Bend Municipal Code. The ordinance institutes local programs which are similar to
others operating in the State of Indiana today.
This ordinance is aimed to maximize participation and opportunities in South Bend by
facilitating networking, outreach, communication, education, training, internal accountability and
employment opportunities for qualified MBE and WBE. It is designed to be a pro-active, fair and a
reasonable mechanism, which is believed to be reasonable, and in the best interest of our city.
Substitute Bill No. 86-10
April 4,2011
Page 2
91a, 54—mom f.0 OA&&MY by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION 1. Article I of Chapter 14.5 of the South Bend Municipal Code is amended to
read in its entirety as follows:
CHAPTER 14.5
MINORITYAND WOMENBUSINESS ENTERPRISE DIVERSITYDEVELOPMENT
PROGRAMS
ARTICLE 1. GENERAL PROVISIONS
Sec. 14.5-1. Legislative Intent.
(a) The following regulations are enacted in the interest of providing equal opportunity,
promoting diversity and inclusion for existing and operating minority business enterprises and
women's business enterprises. The regulations are intended to assist and help promote, monitor and
enforce minority business enterprise programs and women's business enterprise programs in the
City of South Bend, Indiana.'
(b) The City of South Bend encourages the participation of minority and women owned
business enterprises in City contracts. In addition to meeting federal goals for minority/women
owned businesses in the city, the city encourages such businesses to participate in a local Minority
and Women Business Enterprise Diversity Utilization Program.2
See. 14.5-2. Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them in this
section:
(a) Bidder means any person, partnership, corporation, association or joint venture
seeking to be awarded a City contract.
(b) Certification Standards mean standards set forth by the State of Indiana governing
minority and women's business enterprises which are codified in Rule 3. Certification Standards
(25 Indiana Administrative Code 5-3-1 through 25 Indiana Administrative Code 5-3-8) and other
any standards developed by the City's MBE/WBE Utilization Board.
(c) City means the City of South Bend, Indiana.
Indiana Code§ 36-1-12-1 et seq. set forth regulations governing"public works projects".
2 City policies are intended to be consistent with the policy statement set forth at 25 Indiana Administration Code 5-1-3
governing"Minority and Women's Business Enterprises"and relevant judicial decisions.
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
(f) 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.
0) 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
'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.
°This section deals with public works projects of at least$75,000 or more.
e 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.
Substitute Bill No. 86-10
April 4,2011
Page 4
(n) Minority group means citizens of the United States who are:
(1) Blacks
(2) American Indians
(3) Hispanics; and
(4) Asian Americans
(5) Other similar minority group defined in 13 Code of Federal Regulations
124.103.
(o) Minority Business Enterprise (hereinafter referred to as (MBE) means any minority-
owned business which has been certified under the requirements of this Chapter:
(1) Which is at least fifty-one percent (51%) owned by one or more of a minority
group or, in the case of any publicly owned business, at least fifty-one percent (51%)
of the stock of which is owned by one or more of a minority group; and
(2) Whose management and daily business operations are controlled by one or more
of a minority group who own it and have an interest in capital, assets, and profits and
losses of the business proportionate to the percentage of ownership.8
(p) Minority/Women Business Utilization Plan means a plan developed by the
MBE/WBE Utilization Board in consultation with the Department of Administration and Finance
and approved by a resolution of the Common Council. The plan shall provide for utilization of
local MBEs and WBEs and provide rules and regulations to implement this Chapter.
(q) Offeror means any business entity that makes an offer to enter into a binding contract9.
(r) Program means the minority and women's business enterprises diversity programs
aimed at advancing non-remedial objectives such as promoting diversity and inclusion.
(s) Qualifying member means for MBE goals, any member of a minority group; and for
WBE goals, a woman.'0
(t) Regional MBE or Regional WBE means an MBE or WBE certified in the State of
Indiana who has a joint venture with a"local MBE"or "local WBE"to obtain a bid/contract with
the City of South Bend, Indiana.
(u) Subcontractor or second tier contractor means any person entering into a contract
with a prime vendor to directly furnish services or supplies toward the contract."
25 Indiana Administrative Code 5-2-1 (a)(14)sets forth this definition for"minority group".
$25 Indiana Administrative Code 5-2-1 (a)(16) sets forth a similar definition for"owned and controlled".
9 25 Indiana Administrative Code 5-2-1 (a)(15) sets forth a similar definition for"offeror".
10 25 Indiana Administrative Code 5-2-1 (a)(18) sets forth this definition for"qualifying member".
Substitute Bill No. 86-10
April 4,2011
Page 5
(v) Supplier or distributor means any business entity supplying materials, but no
significant on-site labor is contributed in furtherance of the contract or to a vendor.12
(w) Vendor means any person or business entity that has entered into a binding contract for
the provision of materials or services.13
(x) Women Business Enterprise hereinafter referred to as (WBE) means-any women-
owned business which has been certified under the requirements of this chapter:
(1) Which is at least fifty-one percent (51%) owned by persons whose gender is
female, or in the case of any publicly owned business, at least fifty-one percent (5 1)
of the stock is owned by persons whose gender is female; and
(2) Whose management and daily business operations are controlled by persons
whose gender is female and who own it and have an interest in capital, assets, and
profits and losses of the business proportionate to the percentage of ownership.
SECTION II. Article 2 of Chapter 14.5 of the South Bend Municipal Code is amended to
read in its entirety as follows:
ARTICLE 2. Promoting Minority Business Enterprise and Women Business
Enterprise Utilization.
See. 14.5-3. MBE/WBE Utilization Board -Membership, Powers & Duties, Roles of City
Departments for Implementation.
(a) Nine-Member Board: There is created a City MBE/WBE Utilization Board. The Board
shall consist of nine (9) members. Three (3) members shall be appointed by the Common Council,
three (3) members shall be appointed by the Mayor, one (1) member shall be appointed by the
local chamber of commerce, one (1) resident of the City who is appointed by the Council in
consultation with the Mayor, and the Director of Public Works or his/her designee.
(b) Term of Appointments: All Board appointments expire on December 31 st of the second
year for which they are made. Board members may be removed at the pleasure of the appointing
authority prior to the expiration of their terms.
(c) Board Officers: The Board shall elect from its membership a President and a Vice-
President, who shall act as the presiding officer in the absence of the President. The Board shall also
elect from its membership a Secretary, who shall provide notice and maintain minutes of Board
meetings as required under the Indiana Open Door Law.
�� 25 Indiana Administrative Code 5-2-1 (a)(20) sets forth this definition for"subcontractor".
12 25 Indiana Administrative Code 5-2-1 (a)(21) sets forth this definition for"supplier or distributor".
" 25 Indiana Administrative Code 5-2-1 (a)(22) sets forth a similar definition for"vendor".
Substitute Bill No.86-10
April 4,2011
Page 6
(d) Board members shall serve without compensation and shall comply with the State of
Indiana's conflict of interest law.14
(e) The Board and the Department of Administration and Finance shall have the following
duties and authority:
(1) The Board shall hear and determine requests for MBE/WBE Program Waivers from
bidders from MBE/WBE requirements.
(2) The Department of Administration and Finance shall maintain lists of certified
MBEs and WBEs from which City departments and boards may make purchases or award
contracts directly or indirectly as subcontractors of business entities being awarded a contract by
the City. Such lists shall delineate the goods, services or construction projects which the MBE or
WBE may be interested in performing or providing.
(3) The Board, in consultation with the Department of Administration and Finance, shall
develop a plan for the utilization of local MBEs and WBEs and shall establish within the said
plan rules and regulations to implement this chapter and the duties of the Board hereunder. This
plan shall be titled the Minority and Women Business Utilization Plan for the City of South
Bend. The utilization plan shall not unlawfully discriminate against any person or business in the
award or execution of any contract. The utilization plan shall promote local MBE and WBE
business development in the community and shall comply with the requirements of federal and
state public purchasing and construction laws.
(4) The Department of Administration and Finance, in consultation with the Board, shall
conduct an annual review of effectiveness of the City departments and boards in meeting their
annual goals in soliciting prices from local/regional MBEs and WBEs. Such review shall be
based on the actual solicitation of a price from local/regional MBEs and WBEs versus the
availability of qualified local/regional MBEs and WBEs.
(5) The u,,....,., Rights Offlee of th Department of Administration and Finance, in
consultation with the Board, shall provide training to all departments and boards of the City at
least annually in how to better utilize MBEs and WBEs. The Human Rights Offiee of
Department of Administration and Finance in consultation with the Board, shall provide training
to the St. Joseph Valley Building Trades Council and the Building and Construction Trades Local
Unions of St. Joseph County at least quarterly in how to better utilize MBEs and WBEs. The
Human Rights O ffiee ,.r.u,. Department of Administration and Finance shall file quarterly
reports with the Mayor, City Controller and the Common Council summarizing their training and
outreach activities.15 -
14 Indiana Code§ 35-44-1-3 sets forth the Indiana state law and Indiana State Form 236 is the Uniform Conflict of
Interest Disclosure Statement form.
15 As of the writing of this ordinance,the following local unions were known to be lawfully in existence: Boilermakers
Local#374; Bricklayers,Masons&Plasterers Local Union#4; elevators Constructors Local#44; Glaziers,
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 finding of such a
discriminatory practice shall prohibit that firm 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.
Substitute Bill No. 86-10
April 4,2011
Page 8
(ii) Host workshops, webinars and other outreach educational programs;
(iii)Provide information on the City's organizational and contractual needs;
(iv) Provide instructions to preparers of bid specifications to ensure implementation of
this subchapter;
(v) Provide information to certified WBEs and MBEs on City procedures in awarding
contracts; and
(vi) Provide an opportunity to review with any bidder why its bid was rejected, if it
was rejected for a reason other than price.
(10) Whenever possible, the City shall facilitate seminars by representatives of financial
institutions, insurance and bonding companies, to familiarize certified WBEs and MBEs with the
requirements of those companies for loans, insurance and bonds.
Sec. 14.5-4. Purchase of Goods, Supplies, Services and Construction Contracts.
(a) All contracts for the purchase of goods, supplies, services and for the construction projects
awarded by the City shall contain provisions requiring the contractor and subcontractors not to
discriminate against any employee or applicant for employment in the performance of the contract,
with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or
indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age
or disability that does not affect that person's ability to perform the work.
(b) An MBE or WBE may register with the MBE/WBE Utilization Board at the Department of
Administration and Finance on forms established by the Board. The registration shall be for the
purpose of submitting State of Indiana certification of the status as a qualified WBE or MBE for
local projects and purchases and, if local, to ensure their inclusion on a local MBE/WBE directory
made available to City departments for purchases of goods, services and utilization in construction
projects. The registrant shall provide a general list of the types of goods or services it is willing to
provide or the types of construction projects in which it is willing to participate.
(c) City departments shall be given lists of local WBE and MBE registrants. City departments
shall review such lists to see how they may utilize such local registrants in seeking quotes or bids on
purchases of goods or services and on construction projects.
(d) On any construction project for which quotes or bids are to be received, attached to the
specifications shall be a list of MBEs and WBEs in order to make the prime contractors, i.e.,
bidders, aware of the availability of such MBEs and WBEs which may be utilized as subcontractors.
Substitute Bill No. 86-10
April 4,2011
Page 9
Sec. 14.5-5. Certification of MBEs and WBEs.
(a) Each business that desires to become certified as an MBE or WBE shall complete a vendor
application and attach it to the State of Indiana certification. Certification by the State of Indiana as
an MBE or WBE shall constitute certification by the City of South Bend.
(b) An applicant who has been approved as an MBE or WBE by the State of Indiana, and
registered with the City, shall notify the Department of Administration and Finance of any change
in ownership of the business, change of address, or decertification by any other governmental entity
within five(5) business days of any such change of status. Failure to provide such updates may
subject such business to the noncompliance provisions set forth in Sec. 14.5-3(e)(8).
Sec. 14.5-6. Maintenance of Records and Reporting Procedures.
(a) The Department of Administration and Finance and the Board of Public Works shall
implement a comprehensive record keeping procedure, whereby the City can identify and assess
local MBE/WBE contract awards and contractor utilization of MBEs and WBEs.
(b) The Department of Administration and Finance shall, semi-annually, report to the Mayor and
to the Common Council on the extent to which the city is utilizing local MBEs and WBEs and local
MBEs and local WBEs. Such report may include suggestions on approved utilization of regional
MBEs and WBEs that offer goods or services needed by city departments.
(c) Contractors and suppliers of goods and services shall not be penalized for not using local
MBEs or WBEs. However, contractors and suppliers of goods and services shall not discriminate
against local MBEs and WBEs.
See. 14.5-7. Utilization of Certified MBEs and WBEs.
(a) City departments, boards and commissions shall not discriminate against non-local
MBEs and WBEs in awarding contracts hereunder. City departments, boards and commissions shall
not penalize any contractor or supplier of goods and services that chooses to utilize non-local MBEs
and WBEs.
(b) City departments, boards, commissions and contractors are to be made aware of local
MBEs and WBEs, and regional MBEs and WBEs. The regulations set forth in this Chapter are
provided to give businesses equal opportunity in the contracting process and to help promote
economic development in the City of South Bend, Indiana.
Substitute Bill No. 86-10
April 4,2011
Page 10
Sec. 14.5-8. Emergency Contracts.
The provisions of this chapter shall not apply to emergency contracts.
SECTION III. Article 3 of Chapter 14.5 of the South Bend Municipal Code is amended to read in
its entirety as follows:
ARTICLE 3.
Monitoring and Enforcement of Minority Business Enterprise and Women Business
Enterprise Utilization
Sec. 14.5-9. Compliance with Applicable Federal, State and Local Laws-Role of Diversity
Compliance Officer.
(a) Consistent with the policy goal to assure that minority business enterprises (MBE) and
women business enterprises (WBE) have the opportunity to participate in contract and procurement
for supplies, construction, equipment and services, the Diversity Compliance Officer shall review
the city practices governing the bidding and awarding of contracts involving federal funds.
(b) The Diversity Compliance Officer shall make recommendations to see that such procedures
are in compliance with all governing laws, rules and regulations, included by not limited to the
following:
1 24 Code of Federal Regulations, Part 570, Community Development Grants;16
2. American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5;
3. 49 Code of Federal Regulations, Part 26, Participation by Disadvantaged Business
Enterprises in Department of Transportation Financial Assistance Programs;
4. Title VI of the Civil Rights Act of 1964;
5 Executive Order 11625,National Program for Minority Business Enterprise;
6. Executive Order 11246, Equal Employment Opportunity;
6 The City of South Bend annually files with the Office of the City Clerk a"Consolidated Annual Performance and
Evaluation Report (CAPER)" setting forth a summary of performance and accomplishments on South Bend,
Mishawaka's, and the St. Joseph County Consortium's Consolidated Housing and Community Development Plan, as
well as the use of federal resources provided by the U.S. Department of Housing and Urban Development (HUD),
Community Development Block Grant(CDBG)funds,and HOME Investment Partnership Program funds.
Substitute Bill No. 86-10
April 4,2011
Page 11
7. 40 Code of Federal Regulations 31, Uniform Administrative Requirements for
Environmental Protection Agency (EPA)'s Grants and Cooperative Agreement to State and
Local Governments; and
8. 24 Code of Federal Regulations, Part 135 Economic Opportunities for Low and Very Low
Income Persons.
(c) The Diversity Compliance Officer shall monitor all federal reporting requirements and provide
updates to the MBE/WBE Utilization Board, the City Attorney and the City Controller on a regular
basis.
Sec. 14.5-10. Monitoring Contract Compliance by the Diversity Compliance Officer.
(a) The Diversity Compliance Officer shall review all federal grant requirements regarding the
utilization of minority business enterprises (MBE) and women business enterprises (WBE).
(b) The Diversity Compliance Officer shall function as a liaison between the City Administration
and the City's contracting agencies in providing technical assistance in monitoring compliance in
order to meet such requirements and goals.
Sec. 14.5-11. Annual MBE/WBE Participation Report Required to be Filed.
(a) The MBE/WBE Utilization Board in conjunction with the Diversity Compliance Officer
shall file with the Office of the City Clerk by the third (3'a) Wednesday of each January a
MBE/WBE Participation Report on all city contracts governed by this Chapter.
(b) The MBE/WBE Participation Report shall provide data on the prior calendar year, as
follows:
1. Summary of efforts taken to create and promote economic growth opportunities
for MBEs and WBEs;
2. List of certified local MBEs utilized by the city;
3. List of certified regional MBEs utilized by the city;
4. List of certified local WBEs utilized by the city;
5. List of certified regional WBE's utilized by the city;
6. Total dollar amount of city contracts awarded to certified local MBEs;
7. Total dollar amount of city contracts awarded to certified local WBEs;
Substitute Bill No. 86-10
April 4,2011
Page 12
8. Percentage (%) of all city contracts awarded to certified local MBEs;
9. Percentage (%) of all city contracts awarded to certified local WBEs;
10. Number of emergency contracts awarded by the city;
11. Number of MBE/WBE Program Waivers issued listed by type of occupational
category;
12. Summary of data on minority groups who participated;
13. Summary of Section 3 Work Force utilized and Training Needs Offered and
Addressed by occupational categories;
14. Samples of MBE/WBE/Section 3 Contact/Solicitation and Commitments for
contract awards which exceeded $25,000;
15. Samples and Procedures for Invitations for BIDS (IFB) or Requests for Proposals
(RFP) Evaluation including Checklists utilized for each;
16. Process Used for Evaluation and Determination of the lowest, responsible and
responsive bids;
17. Process Used for Evaluation and Determination of non-responsible and/or non-
responsible bids; and
18. Other relevant information.
Sec. 14.5-12. Annual Review by the Common Council.
(a) The Common Council shall, upon the receipt of the filing of the MBE/WBE
Participation Report, refer the report to the Council's Personnel and Finance Committee for review.
The Committee shall schedule a meeting for discussion of the report with representatives of the City
Administration, the Diversity Compliance Officer and the President and a Vice-President of the
MBE/WBE Utilization Board.
(b) The Personnel and Finance Committee shall review all other data required to be filed
pursuant to this Chapter, including but not limited to the Human Rights O ffi of the Department of
Administration and Finance's training and outreach programs and their effectiveness with the St.
Joseph Valley Building Trades Council and the Building and Construction Trades Local Unions of
St. Joseph County. The Committee shall highlight areas which warrant amendment in the interest
of improving the regulations set forth in this Chapter, and formally recommend those changes to the
Common Council.
Substitute Bill No. 86-10
April 4,2011
Page 13
SECTION IV. Article 3 of Chapter 14.5 of the South Bend Municipal Code is repealed.'?
SECTION V. Severability: If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this
ordinance.
SECTION VI. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor, and legal publication.
Timothy A. Rouse
Member of the Common Council
Karen L. White
Member of the Common Council
Henry Davis, Jr.
Member of the Common Council
Derek D. Dieter
Member of the Common Council
John Voorde, City Clerk
Olmo wlk,_*ma to.flw✓ ggww GY%o &SPY MA fired, Adana, on the
day of , 2011, at o'clock_ . m.
Janice Talboom, Deputy City Clerk
The City of South Bend maintains and posts on the City's website "Policies and Standard Procedures" which govern
employment practices Such policies are routinely updated by the City's Human Resource Director, the Mayor and the
City Controller. As a result of those pro-active measures Article 2 entitled "Affirmative Action in Employment" of
Chapter 2 of the South Bend Municipal Code has been recommended to be repealed.
Substitute Bill No. 86-10
April 4,2011
Page 14
xoaeWa WW O na*meonthe day of 2011, at
o'clock m.
Stephen J. Luecke
Mayor, City of South Bend, Indiana