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RESOLUTION NO. 93-411
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY
ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES IN
CITY PROCUREMENTS.
WHEREAS, it is the desire of the City of San Bernardino to
encourage the participation of Minority and Women Business
Enterprises in City procurement and,
WHEREAS, Public Contract Code Section 2000 et. seq. allows
a local agency to establish goals and requirements for Minority
and Women Business Enterprises participation in City procurement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
1.
The City of San Bernardino hereby adopts the policy
entitled "Policy Establishing Goals for Minority and Women
Business Enterprises in City Procurement" attached hereto as
Exhibit A and incorporated herein as though fully set forth.
2. Said policy shall be implemented on January 1, 1994 and
shall remain in effect until December 31, 1996, unless further
extended by action of Mayor and Common Council.
3. The Affirmative Action Officer is authorized and
directed to coordinate and develop the procedures to implement
said policy.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of
regular
meeting thereof, held on the
San Bernardino at a
1st day of November
, 1993, by the following vote, to wit:
/ / /
/ / /
FLR/al[MBEWBE.ResoJ
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93-411 1
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,
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY
ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES IN
CITY PROCUREMENTS.
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
~~-~
Cit Clerk
The foregoing resolution is hereby approved this ~\\\ day
of November
, 1993.
) )/
;;J~' l}i , 4!i'~'-GL--
To inor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
~IA,,-,
FLR/aL[MBEWBE.ResoJ
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93-411
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POLICY
MINORITY AND WOMEN BUSINESS ENTERPRISES
POLICY STATEMENT
It is the policy of the Mayor and Common Council to encourage the
participation of Minority and Women Business Enterprises (M/WBE's)
in city procurements, and to implement State and Federal
requirements which mandate the use of M/WBE' s. This policy is
adopted to ensure equal opportunity for funds spent under City
Contracts, Agreements and Purchase Orders to M/WBE's and prevent
discrimination against M/WBE's and to promote an increase
participation by non M/WBE' s in joint ventures and as
subcontractors.
POLICY AMPLIFICATION
1. SCOPE
This policy shall apply to all city Contracts, Agreements and
Purchase Orders, individually or cumulatively, (to one
contractor) exceeding $25,000.00 for public works, equipment,
materials or professional services from firms or individuals,
engaged in "for profit" business activities, paid for in whole
or in part out of city of San Bernardino funds.
To the extent of any conflict between this policy and any
requirements imposed by the Federal or State government,
relating to participation in a contract by a M/WBE as a
condition of receipt of Federal or State funds, the Federal or
state requirements shall prevail.
11. FUNCTIONS
A. All departments will ensure that M/WBE's have maximum
practical opportunity to compete for all City Contracts,
Agreements and Purchase Orders.
B. Annually, the Affirmative Action Officer/Contract
Compliance Officer or designee, shall recommend for Mayor
and Common Council approval of annual goals for M/WBE's
participation in City contracts, Agreements and Purchase
Orders.
C. The Affirmative Action Officer or designee shall be
responsible to:
93-411
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POLICY
MINORITY AND WOMEN BUSINESS ENTERPRISES
Page 2
1. Review directly or through authorized departmental
designees all City Contracts, Agreements and
Purchase Orders, to assure compliance with this
policy prior to Mayor and Common Council
submission.
2. Develop and maintain city-wide procedures to assure
the proper implementation of this policy.
3. Annually report to the Mayor and Common Council, in
writing, the city-wide achievement on the following
information:
a. Provide data required to make recommendations
to the Mayor and Common Council.
b. Provide an analysis of the data presented to
Mayor and Common Council in a written report
format on an annual basis.
c.
Provide recommendations to
Common Council as to the
weaknesses of the previous
activity.
the Mayor and
strengths and
years program
d. Provide recommended actions to continually
improve the quality of the program.
e. Provide the Mayor and Common Council with the
necessary documentation and recommendation for
goal adjustment based on availability of
MjWBE's and proven success factors.
4. Provide assistance to all departments and agencies
related to the implementation, interpretation and
enforcement of this policy.
DEFINITIONS
The definition of Minority and Women Business Enterprises set forth
in Public Contracts Code Section 2000 et eq. shall apply to this
policy.
PROCEDURES MANUAL
A Standard Operating Procedures Manual (SOP) will be developed for
the MjWBE Program implementation by the Affirmative Action Office
and all affected departments.
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POLICY
MINORITY AND WOMEN BUSINESS ENTERPRISES
Page 3
GOALS
The goal is to achieve 15 percent participation of
Business Enterprises (MBE) and 5 percent of Women
Enterprises (WBE) in all City Contracts, Agreements and
Orders over $25,000.
Minority
Business
Purchase