Loading...
HomeMy WebLinkAboutApproving Minority/Women Business Enterprise Utilization Board's Recommendation for Engagement of Diversity Compliance OfficerRESOLUTION 4180 -12 Passed by the Common Council of the City of South Bend, Indiana May 14, Attest: 12 20 Presented by me to the Mayor of the City of South Bend, Indiana May 15, 20 12 City Clerk President of Common Council City Clerk Approved and signed by me _ w 20 I Z-'. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE MINORITYIWOMEN. BUSINESS ENTERPRISE UTILIZATION BOARD'S RECOMMENDATION FOR ENGAGEMENT OF DIVERSITY COMPLIANCE OFFICER WHEREAS, The South Bend Common Council passed Ordinance 10081 -11 on April 12, 2011 which addressed Minority and Women Business Enterprise Diversity Development Programs to promote greater diversity and inclusion of minority and women owned businesses in City contracts and procurement; and WHEREAS, Ordinance No. 10081 -11 created a Minority Business Enterprise and Women Business Enterprise Utilization Board (Utilization Board) and further provided for the designation of a Diversity Compliance Officer to "work with the ... Utilization Board and .contracting agencies to assist in overseeing, implementing and enforcing this Chapter ...." (South Bend Municipal Code See 14.5 -2(i)) and to provide quarterly updates and an annual report to the Mayor and Common Council; and WHEREAS, the Utilization Board has met regularly over the past many months with the priority goal of identifying the most qualified person or entity to serve as Diversity Compliance Officer, a process consisting of several steps including the preparation of a Request for Proposal containing a detailed job description attached hereto as Exhibit "A ", the preparation of a scoring matrix to objectively evaluate prospective candidates, the publishing and solicitation of candidates and an extensive interview of the top candidates based upon scoring matrix results; and WHEREAS, the Utilization Board has identified and recommends the appointment and engagement of Trinal, Inc., as the Diversity Compliance Officer for the City of South Bend; and WHEREAS, the Common Council appropriated the sum of Sixty -Seven Thousand Five Hundred Dollars ($67,500) in the City of South Bend's 2012 budget for services to be performed by the Diversity Compliance Officer. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. By recommendation of the Utilization Board, the corporation Trinal, Inc., is hereby appointed as the City of South Bend's Diversity Compliance Officer to perform all duties and obligations set forth in. Ordinance No. 1008 1 -11 as described more particularly under "Essential Duties" in the Board of Works "Request for Proposals for Diversity Compliance Officer Contractual Services" (Exhibit "A" hereto), conditioned upon execution of a contractual Services Agreement to be approved by the Board of Public Works and signed by Trinal, Inc. SECTION IL The Board of Public Works is authorized to sign the Contractual Services Agreement identified in Section 1 with Trinal, Inc. on behalf of the City of South Bend, subject to approval of such Agreement by the Common Council. SECTION III. Compensation of Trinal, Inc., for calendar year 2012 shall not exceed to sum of Sixty -Seven Thousand Five Hundred Dollars ($67,500). Member, South BenJ Common Council L D NOT APPROVED ADOPT£ FUGd in � s MAY 2012 L__ CITYC r R TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12 -41 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE MINORITY/WOMEN BUSINESS ENTERPRISE UTILIZATION BOARD'S RECOMMENDATION FOR ENGAGEMENT OF DIVERSITY COMPLIANCE OFFICER Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Health & Public Safety and Personnel & Finance Committee. Karen L. White Chairperson, Committee of the Whole Sp(3 TH 8� �! City of South Bend .. •PEACE Common Council 1865 441 County -City Building . 227W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole Tim Scott First District May 9, 2012 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Henry Davis, Jr. The attached proposed resolution would take the next step in carrying out the Second District provisions of Ordinance No. 10081, which was passed by the Common Council on April 12, 2011. That ordinance has been codified into the South Bend Valerie Schey Municipal Code as Article 1 of Chapter 14.5 addressing "Minority and Women Third District Business Enterprise Diversity Development Programs". Fred Ferlic The 9- member Minority/Women /Women Business Enterprise Utilization Board Fourth District Y B' (MWUB) were respectively appointed by the Council and the Mayor as of David Varner October 19, 2011. The MWUB held their first meeting on November 10, 2011. Fifth District Oliver J. Davis Since the Board Members were appointed, the Board has held: Sixth District • Twelve (12) meetings to date with each lasting approximately 2 -3 hours; Derek D. Dieter At Large • A round -table discussion at the Natatorium on March 21, 2012 which provided an opportunity for input from the community and businesses; and Gavin Ferlic At Large • Participated in the "Minority and Women's Business Enterprises Division of Northern Indiana Resource Fair" held at Saint Mary's College on March Karen L. White 15, 2012, which was sponsored by the State of Indiana's Department of At Large Administration. with some information on the round -table and the Resource Fair being attached and much more information available in the Office of the City Clerk where all meeting minutes of the MWUB are housed. An update was provided to the Community and Economic Development Committee and input from the Council was requested prior to the Request for Proposals (RFP) being advertised by the Board of Public Works. The RFP was legally advertised on March 23, 2012 and March 30, 2012; with a "pre -bid Cover Letter for the Diversity Compliance Officer Resolution May 9, 2012 Page 2 conference" being held on April 3rd which was attended by three (3) parties. A total of four (4) responses to the RFP were received and opened on April 10, 2012 by the Board. Each response was reviewed, scored and ranked by the MWUB based on all of the information provided by each party. The top two (2) candidates were interviewed. Based on these detailed procedures which were uniformly applied, the MWUB recommends to the Common Council that a one -year contract be entered into with Trinal, Inc. to carry out the responsibilities of the Diversity Compliance Officer for the City of South Bend. The attached Resolution would approve the MWUB's recommendation to be appointed for the purposes of carrying out the duties and obligations set forth in the ordinance and the "Essential Duties" in the Board of Public Works "Request for Proposals for Diversity Compliance Officer Contractual Services" which are attached to the Resolution. A Contractual Services Agreement approved by Trinal, Inc. and the Board of Public Works would be the next step after the adoption of the attached resolution. The Council will have the opportunity to then adopt a 2nd Resolution ratifying the Agreement approved by both parties. That process is similar to the process which the City has used in the past where a collective bargaining agreement with a local union has been ratified by the adoption of a Resolution [Resolution No. 3379 -04 attached for informational purposes] This process has been very detailed and the MWUB Members have spent many, many hours volunteering their time and talents to reach this point. I have had the opportunity to attend most of the MWUB, and have personally witnessed their dedication and fairness. Council Member Henry Davis, Jr., Chairperson of the Community and Economic Development Committee has been contacted and has agreed to have the attached Resolution held in a joint committee of the CED Committee and the Personnel and Finance Committee. To reach this stage, there has been vital input and yeoman work by the volunteers on the MWUB; Janice Hall, Director of Human Resources; Gary Gilot, citizen volunteer; City Controller Mark Neal; Phil Custard, Purchasing Manager, as well as past and several current Council Members. I recommend that you approve the Resolution, so that we can move forward in carrying out the next step to see that the City of South Bend implements the Minority and Women Enterprise Diversity Development Programs. Thank you. Mostncerely,� Karen L, White, Chairperson of Personnel and Finance Committee Council Member at Large Attachments Filed ¢, _ .. eloHik, i rya, CITY Cover Letter for the Diversity Compliance Officer Resolution May 9, 2012 Page 2 conference" being held on April 3rd which was attended by three (3) parties. A total of four (4) responses to the RFP were received and opened on April 10, 2012 by the Board. Each response was reviewed, scored and ranked by the MWUB based on all of the information provided by each party. The top two (2) candidates were interviewed. Based on these detailed procedures which were uniformly applied, the MWUB recommends to the Common Council that a one -year contract be entered into with Trinal, Inc. to carry out the responsibilities of the Diversity Compliance Officer for the City of South Bend. The attached Resolution would approve the MWUB's recommendation to be appointed for the purposes of carrying out the duties and obligations set forth in the ordinance and the "Essential Duties" in the Board of Public Works "Request for Proposals for Diversity Compliance Officer Contractual Services" which are attached to the Resolution. A Contractual Services Agreement approved by Trinal, Inc. and the Board of Public Works would be the next step after the adoption of the attached resolution. The Council will have the opportunity to then adopt a 2nd Resolution ratifying the Agreement approved by both parties. That process is similar to the process which the City has used in the past where a collective bargaining agreement with a local union has been ratified by the adoption of a Resolution [Resolution No. 3379 -04 attached for informational purposes] This process has been very detailed and the MWUB Members have spent many, many hours volunteering their time and talents to reach this point. I have had the opportunity to attend most of the MWUB, and have personally witnessed their dedication and fairness. Council Member Henry Davis, Jr., Chairperson of the Community and Economic Development Committee has been contacted and has agreed to have the attached Resolution held in a joint committee of the CED Committee and the Personnel and Finance Committee. To reach this stage, there has been vital input and yeoman work by the volunteers on the MWUB; Janice Hall, Director of Human Resources; Gary Gilot, citizen volunteer; City Controller Mark Neal; Phil Custard, Purchasing Manager, as well as past and several current Council Members. I recommend that you approve the Resolution, so that we can move forward in carrying out the next step to see that the City of South Bend implements the Minority and Women Enterprise Diversity Development Programs. Thank you. r enL, White, Chairpers of Personnel and Finance Committee Council Member at Large Attachments CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS REQUEST FOR PROPOSALS FOR DIVERSITY COMPLIANCE OFFICER CONTRACTUAL SERVICES Sealed Proposals shall be received no later than 9:30 a.m., EST, on April 10, 2012, in the office of the Board of Public Works, 13th Floor, County City Building, Room 1316, South Bend, Indiana, for Diversity Compliance Officer contractual services for the Diversity Utilization Board (DUB) and the Common Council of the City of South Bend. Diversity Compliance Officer Contractual Services SUMMARY. The Diversity Compliance Officer contractual service shall actively promote, direct, monitor, and enforce the provisions and regulations set out in the Minority and Women's Business Enterprise Diversity Development Programs as described in Chapter 14.5 of the South Bend Municipal Code (Ordinance #10081 -11) relating to the City's procurement and contracting process; serves in an advisory role to the City of South Bend/Common Council /and DUB with regard to promoting diversity and inclusion in participation of minority and women owned business enterprises in City contracts. The person/firm selected must have thorough knowledge of the diversity field related to procurement, and demonstrated success including directly relevant experience and qualifications. ESSENTIAL DUTIES: • The DUB puts a particular emphasis, above and beyond the compliance reporting roles required by ordinance, in a service provider with a track record of success on outreach and capacity building facilitation. Helping MBE /WBE/DBE firms to be more aware of City procurement opportunities. Helping local MBE /WBE/DBE firms get state certified is important. Outreach on how to bid, quote or submit proposals for city contracts is key to increasing utilization. Outreach to majority firms to mentor or form strategic bidding alliances with local MBE /WBE /DBE will enable win -win progress on goals for increasing diversity utilization over time. • Functions as a liaison between the city administration and its contracting businesses in providing educational and technical assistance to those who need the service. • Reviews all city contract procedures and practices involving federal funds to ensure bidding practices and the awarding of city contracts are aligned with the principle of utilization of minority and women business enterprises, and are in compliance with all applicable federal and state laws. • Assists DUB by gathering and providing data and information to formulate participation.. goals for achievement of equal opportunity. • Directs reviews and monitors the participation goals as set by the MBE /WBE DUB to insure equal opportunity objectives are achieved. • Directs the investigation of complaints alleging violations of equal employment objectives and reports findings to DUB, city attorney and city controller, and the South Bend Common Council for final remedy. • Establishes and maintains a minority business outreach program in order to provide women and minorities with equal opportunities in the public procurement of City business contracts. • Interprets Federal, State and Local equal employment laws, rules and regulations as they relate to government contracts and procurement and makes recommendations when necessary to change departmental programs. • Directs the planning and conducting of seminars and training programs to inform and educate women and minority businesses in public contracting practices and procedures. • Represents the DUB when requested to do so at outreach or other meetings with minority groups, unions, and related public and private organizations concerned with advancing MBE and/or WBE utilization goals within city government. • Responsible for filing with the Office of the City Clerk by the third (3rd) Wednesday of each January a MBE /WBE Participation Report that is to include items listed under Article 2, Sec. 14.5 -11 of City of South Bend Ordinance No. 10081 -11. All federal reporting requirements are to be monitored with regular updates presented to the MBE /WBE Utilization Board, the city attorney and city controller. • Sets up computer based compliance tracking reporting system.. - Completes and submits 2012 Diversity Compliance Reports and documents /trains city staff to take over use of same compliance systems in 2013 and beyond._ • Meet annually with Common Council's Personnel and Finance Committee to discuss Diversity Compliance Report, and meet at other times as requested. KNOWLEDGE, SKILLS, AND ABILITIES: • Requires considerable knowledge of the State's certified MBE /WBE Business Enterprise Program. Working knowledge of governmental contract compliance. • Experience in developing and enforcing utilization plans. • Proficient at interpreting Federal Labor Standards, Department of Labor, Indiana Codes and other related rules or regulations. • Knowledge of business and management principles involved in strategic planning, resource allocation, leadership technique, and coordination of people and resources. • Communicating with people outside the organization, representing the organization to customers,.the public, government, and other external sources: This information can be exchanged in person, in writing, or by telephone or e-mail. • Handling complaints, settling disputes, and resolving grievances and conflicts, or otherwise negotiating with others. QUALIFICATIONS: Individual or firm is expected to have Bachelor's Degree supplemented by three years of progressively responsible experience in contract diversity compliance monitoring. Paralegal background or experience is helpful and preferred. COMPENSATION: Hourly rate paid monthly, not -to- exceed budget constraints of $67,500 in 2012. Cost justification of hours and scope of task required. Monthly invoice to City must include narrative update on percent complete of scope, percent billed, and corrective action if imbalance. HOW PROPOSALS WILL BE EVALUATED AND SCORED FOR SELECTION: The person/firm making proposal to provide these services shall submit the following information, and be scored on a 100 percent matrix system as follows: Board of Public Works agency for Common Council and Diversity Utilization Board, Diversity Compliance Officer Contractual Service Provider Selection Matrix 1. Qualifications and Experience of Firm (15 %) a. Clear assignment of responsibility for various project tasks to specific individuals b. Ability to manage work, projects and reporting. c. Responsiveness to the specific goals of the DUB /Council. e. Quality of skills of the diversity compliance services provider's representatives. f. Ability and willingness to communicate /coordinate with staff, DUB and Mayor /Council. g. Quality of training for firms employees and backups to ensure timely coverage of required scope. 2. Qualifications and Experience of Person (15 %) a. Understanding of the ordinance requirements and statutes /federal law limitations on municipal procurement. b. Qualifications of the professionals doing system development and initial year reports. c. The number of past assignments of a similar nature. d. Quality of a sample of their work — diversity program compliance reports for other communities or organizations. e. Reliability of performance – evidence of consistent high performance, follow - through, and timeliness. 3. Completeness and Responsiveness of Scope of Service Proposal (30 %) a. A scope that reflects the ordinance requirements in full and has a substantial thought program plan for outreach to move the current state of MBE /WBE/DBE utilization to a desired state of participation in goal setting with the DUB and data supporting a realistic action plan developed be the diversity services firm. Successful prior experience at conducting outreach, training, and small and large group communications is a must. Looking for passion and successful track record on similar scopes completed in the last 5 years. Give specifics with data that supports prior directly relevant experience and how you defined success. b. Demonstrated ability to reliably provide diversity compliance tracking system service with trained personnel and to demonstrate report completion using their system. c. Financial soundness and stability of the provider and completeness of most recent annual financial report. 4. References of Organization Representative for Completion of Similar Scope of Work (10 %) 5. Cost'proposal elements (30 %): a. Cost to set up diversity compliance report systems meeting diversity ordinance requirements and cost to complete reports and do outreach for 2012, (20 %); b. Cost estimate to train City staff if City chooses to maintain the diversity compliance system in -house in 2013 and only seek assistance in preparation of reports in 2013, (5 %); c. Cost estimate if City chooses use of retainer for 2014 and beyond milestone program review, training refreshment, coaching as needed, (5 %). The Board of Public Works will open the proposals at 9:30 a.m., EST, on April 10, 2012, in the Board of Public Works Meeting, Ste. 1308, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. Using the selection matrix attached, the BPW, DUB, Director of Human Resources, and Common Council representatives will review and select the top prospects based on written proposal scoring with weights as noted. The BPW reserves the right as the contracting agent for the DUB and Council for potential interviews of the top 2 or 3 proposals. The BPW further reserves the right, in its sole discretion, based on the will of DUB and Council, and with regard to results of the matrix selection point system, that in the case of a clear front- runner, the BPW may select a winner from written proposals without conducting interviews. This professional service RFP is geared toward selecting the best service for the cost proposal value with emphasis on qualifications and experience, merits of approach and strategies successfully demonstrated that would advance policy goals with desired measurable outcomes (rather than a public work public bid requiring an award to the lowest responsive and responsible bidder with emphasis on lowest price for a tightly specified product or project)_ All individuals or firms submitting proposals will have the opportunity to review the scoring tabulation of the selection scoring matrix of the proposals received which will be posted to the City web page on the award date of the RFP in April, 2012. A non mandatory pre- proposal session will be held by BPW with DUB to answer questions and clarify any issues individuals or firms may have in preparing proposals The contract will be awarded with Notice to Proceed of May 1, 2012. Work deliverables must be completed and submitted to the Council and DUB as required by ordinance. There may be occasional Council requests of additional reports. The successful proposal respondent shall comply with the City of South Bend ordinance and all other federal, state and local laws and regulations governing nondiscrimination in employment. The City welcomes from individuals or firms who have a conforming base proposal any suggested voluntary alternate proposals from businesses, institutions or not for profits who would like to suggest ideas for providing such services with better outcomes, quicker results, more lasting systemic change or more privately leveraged solutions. The City reserves the right to accept, negotiate scope or reject any or all proposals. There will be a Pre - Proposal availability session to answer questions /clarify scope issues on April 3, 2012 at 5:30 p.m., EST, in the BPW conference room, Ste. 1308, County -City Building, 227 W. Jefferson Blvd., South Bend, IN 46601. Complete Proposal Request packages are available for download by visiting the City of South Bend's web page at www. southbendin. go v: • Click on "Business" • Click on "City Public Bids" • Click on "Vehicles, Equipment and Miscellaneous Bids" • Click on "Specification Sets & Bid Award Info" • Select specification to download • A pop up screen will appear; input company information (address /phone /fax/e- mail) where indicated • Click on "Submit Responses" • Print the specification or save it to your computer There is no charge for the specifications. The specifications are also available for review only during regular working hours in the Department of Public Works, 1308 County -City Building, South Bend, Indiana. Questions should be directed by email to Gary A. Gilot, President, Board of Public Works, at a ilot(,southbendin.gov. Proposals must include the City's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, and Non - Discrimination Commitment Form. No bid bond or check is required to be submitted with the proposal. The company awarded the proposal must provide a Certificate of Insurance that meets the City's requirements. The Board reserves the right to reject any or all proposals or to accept a full or partial award of the proposal which, in its judgment, will be to the best interest of the City of South Bend. BOARD OF PUBLIC WORKS Linda M. Martin, Clerk Advertise twice: March 23, 2012, and March 30, 2012