HomeMy WebLinkAboutS1- Affirmative Action Officer CITY OF SAN BERNA'73INO - REQUEST FO'"'`, COUNCIL ACTION
From: Ernie Wilson Subject: Resolution establishing Minority
Affirmative Action Officer Business and Women' s Business
Dept: Enterprise Policy.
Date: October 13 , 1993
Synopsis of Previous Council action:
NONE
Recommended motion:
Adopt resolution.
Signature
Contact person: Ernie Wilson Phone: 5004
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERNAr)IINO - REQUEST FOB COUNCIL ACTION
STAFF REPORT
Attached is a policy statement and resolution setting forth the
scope of services, function, definition and goals with respect to
establishing a Minority Business Enterprise and a Women's Business
Enterprise Policy for all contracts, agreements and purchase orders
let by the City of San Bernardino, in excess of $25, 000.
It is the intent of this resolution to encourage participation of
Minority and Women's Business Enterprises in City procurements and
to implement State and Federal mandates.
It is recommended that this resolution be adopted by the Mayor and
Common Council.
75-0264
1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY
ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES IN
3 CITY PROCUREMENTS .
4 WHEREAS, it is the desire of the City of San Bernardino to
5 encourage the participation of Minority and Women Business
6 Enterprises in City procurement and,
7 WHEREAS, Public Contract Code Section 2000 et. seq. allows
8 a local agency to establish goals and requirements for Minority
9 and Women Business Enterprises participation in City procurement.
10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
11 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
12 1 . The City of San Bernardino hereby adopts the policy
13 entitled "Policy Establishing Goals for Minority and Women
14 Business Enterprises in City Procurement" attached hereto as
15 Exhibit A and incorporated herein as though fully set forth.
16 2 . Said policy shall be implemented on January 1 , 1994 and
17 shall remain in effect until December 31, 1996, unless further
18
extended by action of Mayor and Common Council .
19 3 . The Affirmative Action Officer is authorized and
20 directed to coordinate and develop the procedures to implement
21
said policy.
22 I HEREBY CERTIFY that the foregoing resolution was duly
23
adopted by the Mayor and Common Council of the City of
24
San Bernardino at a meeting thereof, held on the
25
day of 1993 , by the following vote, to wit:
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FLR/aLCMBEWBE.Reso7 1
j RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY
ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES IN
2 CITY PROCUREMENTS .
3
4 Council Members : AYES NAYS ABSTAIN ABSENT
5 NEGRETE
6 CURLIN
7 HERNANDEZ
8 OBERHELMAN
9 DEVLIN
10 POPE-LUDLAM
11 MILLER
12
13 City Clerk
14 The foregoing resolution is hereby approved this day
15 of , 1993 .
16
17 Tom Minor, Mayor
City of San Bernardino
18 Approved as to
19 form and legal content :
20 JAMES F . PENMAN,
City Attorney
21
22 By'
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FLR/aIEMBEWBE.Reso7 2
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:
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 the Mayor and
Common Council as to the strengths and
weaknesses of the previous years program
activity.
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
M/WBE ' 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 M/WBE Program implementation by the Affirmative Action Office
and all affected departments.
POLICY
MINORITY AND WOMEN BUSINESS ENTERPRISES
Page 3
GOALS
The goal is to achieve 15 percent participation of Minority
Business Enterprises (MBE) and 5 percent of Women Business
Enterprises (WBE) in all City Contracts, Agreements and Purchase
Orders over $25, 000.
CITY OF SAN BERNAI%JINO - REQUEST FOh, COUNCIL ACTION
From: Ernest Wilson Subject: Amendment to Ordinance MC-886 Human
Affirmative Action Officer Relations Commission.
Dept:
Affirmative Action Office
Date: 10/19/93
Synopsis of Previous Council action:
The Ordinance adopting the Human Relations Commission was adopted at the Council
meeting of September 20, 1993.
Recommended motion:
That further reading of the ordinance be waived and it be
laid over for final adoption.
Signature
Contact person: Ernest Wilson Phone: 5004
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
CITY OF SAN BERNAhDINO - REQUEST FO. . COUNCIL ACTION
STAFF REPORT
In establishing ordinance no MC-886 Human Relations Commission, the
chapter number 2 . 45 should have been numbered 2 . 39 . 010, 239 . 020
etc. Also, section (H) (7) of section 2 . 39 . 060 San Bernardino
Municipal Code herein renumbered is hereby amemded.
75.0264
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO CHANGING CHAPTER
2.45 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE HUMAN
3 RELATIONS COMMISSION TO CHAPTER 2 .39 AND AMENDING SECTION
2 .39.060(h) ( 7) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
4 THE TAKING OF TESTIMONY UNDER OATH BEFORE THE HUMAN RELATIONS
COMMISSION.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS :
7 SECTION 1 . Chapter 2.45 as added by Ordinance No. MC-886 is
8 hereby changed to Chapter 2.39 and each Section in said Chapter is
9 likewise renumbered as 2.39 .010, 2.39 .020, etc.
10 SECTION 2. Subsection (h) ( 7 ) of Section 2.39.060 of the San
11 Bernardino Municipal Code as herein renumbered is hereby amended
12 to read as follows:
13 " ( 7 ) Hold public hearings on community-wide problems
14 which may result in discrimination because of race,
15 sex, age, color, ethnicity, religion, national origin,
16 ancestry, physical disability, marital status,
17 political affiliation and/or beliefs, or any category
18 protected by law. Where necessary testimony can be
19 taken under oath, however, such hearings shall be
20 conducted informally and shall not be bound by the
21 formal rules of evidence, and such hearings shall be
22 taped. "
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DAB/js [Oathl.Ord] 1 October 6, 1993
II
1 AN ORDINANCE. . .AMENDING SECTION 2.45.060(h) (7) OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO THE TAKING OF TESTIMONY
2 UNDER OATH BEFORE THE HUMAN RELATIONS COMMISSION.
3 I HEREBY CERTIFY that the foregoing Ordinance -.aas duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1993, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
13 POPE-LUDLAM
14 MILLER
15
16
17 City Clerk
18 The foregoing Ordinance is hereby approved this day
19 of 1993.
20
21 Tom Minor, Mayor
City of San Bernardino
22 Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 By:
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DAB/js [Oathl.Ord] 2 October 6, 1993