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HomeMy WebLinkAboutNo. 2900 adopting contract language in accordance with the minority and womens business enterprise diversity development program of the COSB, IndianaRESOLUTION NO. 2900 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ADOPTING CONTRACT LANGUAGE IN ACCORDANCE WITH THE MINORITY AND WOMENS BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, the City of South Bend Common Council has adopted its Ordinance No. 10081 -11 ( "Ordinance ") amending Chapter 14.5 of the South Bend Municipal Code addressing the concerns of minority and women businesses that have been certified by the State of Indiana as a Minority Business Enterprise ( "MBE ") or a Women Business Enterprise ( "WBE "); and WHEREAS, the Ordinance is aimed to maximize participation and opportunities in South Bend for qualified MBE's and WBE's; and WHEREAS Section 14.5-4(a) of the Ordinance requires that "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 ", said Ordinance being attached hereto and incorporated herein as Exhibit "A "; and WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the City of South Bend Department of Redevelopment (the "Department "), is a contracting entity for the City of South Bend, Indiana ( "Indiana "); and WHEREAS, in order to comply with the requirements of the Ordinance, the Commission desires to adopt certain language to be included in those contracts subject to the Ordinance; and WHEREAS, the Commission has determined that the contract language attached hereto and incorporated herein as Exhibit `B" ( "MBE /WBE Diversity Development Language ") is in the best interests of the City and its residents, and complies with the purposes and provisions of the Ordinance and all other applicable federal, state and local laws; and WHEREAS, the Commission desires to adopt the attached MBE /WBE Diversity Development Language for use by the Department in all contracts subject to the ® Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: Section 1. The MBE /WBE Diversity Development Language that is attached to this Resolution as Exhibit `B" is hereby approved and adopted in its entirety for use by the Department in all contracts subject to the Ordinance. Section 2. This Resolution shall be in full force and effect upon its adoption by the Commission. (w ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on June , 2011, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT C.1 ignature Marcia I. Jones, President Printed Name and Title ATTEST: a[ure David A. Varner, Vice President Printed Name an i[ e South Bend Redevelopment Commission South Bend Redevelopment Commission EXHIBIT "A" Ordinance No. 10081 -11 G C EXHIBIT `B" CITY OF SOUTH BEND, INDIANA MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT Persons, partnerships, corporations, associations, or joint venturers ( "Contractors ") awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City 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. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ( "MBE ") or as a Women's Business Enterprise ( "WBE ") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE /WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE /WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws.