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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: 26 27 28 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' 23 24 25 26 27 28 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. " 23 24 25 26 27 28 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: 27 28 DAB/js [Oathl.Ord] 2 October 6, 1993