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THIRD (3RD) SUBSTITUTE BILL NO. 82-21
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<br />ORDINANCE NO. 10761-21
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<br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND
<br />REPLACING CURRENT CHAPTER 14.5 OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS INCLUSIVE
<br />MINORITY AND WOMEN BUSINESS ENTERPRISE DEVELOPMENT PROGRAMS
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<br />STATEMENT OF PURPOSE AND INTENT
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<br />Consistent with the intent of Ordinance 10693-19, the City of South Bend (the “City”) remains committed to reducing barriers to full
<br />and fair opportunities on City contracts for minority and women owned firms, including adopting mechanisms to capture and quantify
<br />minority and women business enterprise utilization in City contracting and procurement, developing opportunities for small local
<br />minority and women owned firms to participate in competing for City business, and creating a thriving and inclusive economic
<br />ecosystem.
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<br />As a tool for discerning the City’s challenges and opportunities in this vein, in 2018, the City commissioned the City’s first Minority
<br />and Women Business Enterprise Disparity Study ("Study"). Colette Holt & Associates (“CHA”) was retained by the City to perform a
<br />study to determine its utilization of Minority-and-Women-Owned Business Enterprises (collectively " MWBEs" ); the availability of
<br />MWBEs in its market area; any disparities between its utilization and MWBE availability; and to evaluate whether the use of race-
<br />conscious measures is supported by the results of this analysis. In 2020, CHA submitted a revised version of the Study (the “Revised
<br />Study”) to correct errors CHA committed in the Study that supported the adoption of Ordinance 10693-19. Accordingly, based on the
<br />City’s ongoing commitment to the objectives stated in this Ordinance and informed by the City’s now-improved understanding of the
<br />specific time period examined by the Study and the Revised Study, the City is now positioned to develop and implement the most
<br />appropriate and effective measures – and to continue those efforts commenced following the adoption of Ordinance 10693-19 – to
<br />serve the objectives of this Ordinance.
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<br />NOW, THEREFORE, BE IT ORDAINED by the Common Council of South Bend, Indiana, as follows:
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<br />SECTION I. The current version of Chapter 14.5 of the South Bend Municipal Code is repealed and replaced to read in its entirety as
<br />follows:
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<br />CHAPTER 14.5 INCLUSIVE PROCUREMENT AND CONTRACTING WITHIN THE CITY
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<br />Sec. 14.5-1. Legislative Intent
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<br />The following regulations are enacted to promote equal opportunity for minority and women-owned businesses, including small local
<br />businesses, and to encourage utilization of such businesses in City contracting and procurement.
<br />It is the City's policy to:
<br />a) Ensure nondiscrimination in the award and administration of City contracts and take affirmative steps to address past
<br />discrimination as allowed under City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989);
<br />b) Create a level playing field on which underutilized minority and women business enterprises can compete fairly for City
<br />contracts;
<br />c) Ensure that only firms that fully meet eligibility standards are permitted to participate as underutilized minority and
<br />women business enterprises;
<br />d) Help remove barriers to the participation of underutilized minority and women business enterprises in City contracts;
<br />e) Assist the development of minority and women owned businesses and facilitate the growth of business infrastructure to
<br />allow firms to compete successfully in the City's Marketplace outside any targeted minority and women business
<br />enterprise Program; and
<br />f) Ensure that the Minority and Women Business Enterprise Program is administered in accordance with applicable law;
<br />and
<br />g) Strive to increase both the availability and utilization of minority and women-owned businesses.
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<br />Sec. 14.5-2. Definitions
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<br />As used in this Chapter, the following terms shall have the following meanings:
<br />a) City means the City of South Bend, Indiana.
<br />b) City's geographic marketplace means the geographic area as defined by the City’s most current MWBE Disparity Study
<br />that now includes all counties in the state of Indiana and Berrien County, Michigan.
<br />c) Contract means any procurement contract identified by the Program Plan as subject to this Chapter.
<br />d) Contractor means any person, partnership, corporation, limited liability company, association or joint venture that has been
<br />awarded a City contract.
<br />e) Emergency contract means a contract that is awarded on an emergency basis due to a threat of harm to person or property or
<br />threat of disruption of governmental services.
<br />f) Inclusive Procurement and Contracting Board means the eleven (11) member entity appointed by Common Council, the
<br />Mayor, Department of Public Works, Department of Community Investment, the AFL-CIO chapter serving the City of South
<br />Bend, and Regional Chamber of Commerce as established in this Chapter
<br />g) Local business means a small business located within the geographic area of St. Joseph County, Indiana, Elkhart County,
<br />Indiana, Porter County, Indiana, Lake County, Indiana, LaPorte County, Indiana, Marshall County Indiana, and Berrien
<br />County, Michigan where at least 30% of firm employees live within those geographic boundaries.
<br />h) Mayor means the Mayor of the City .
<br />i) Program means the Minority and Women Business Enterprise Inclusion Program established by this Chapter.
<br />j) Program Administrator means the person designated by and reporting directly to the Mayor to support the City' s inclusion,
<br />diversity, equity, and access goals. At the passing of this ordinance, the designee shall be the Diversity and Inclusion Officer,
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