05-14-12 Common Council Meeting Minutes

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REGULAR MEETING MAY 14, 2012 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, the 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 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. 10081-11 as described more particularly under “Essential Duties” in the Board of Works “Request for Proposals for Diversity Compliance Office 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 II. The Board of Public Works is authorized to sign the Contractual Services Agreement identified in Section I 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) s/Derek D. Dieter Member of the Common Council Councilmember White, Chairperson, Personnel and Finance Committee, reported that this committee along with the Community & Economic Development Committee, chaired by Councilmember Henry Davis, Jr., held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Karen White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this bill. Councilmember White introduced Mr. Anthony Fitts, Member of the MBE/WBE Utilization Board, 1201 E. Fairview, South Bend, Indiana. She stated that this bill would take the next step in carrying out the 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 Municipal Code as Article 1 of Chapter 14.5 addressing “Minority and 21