Chapter 2.26
MBE/WBE JOINT UTILIZATION BOARD
Sections:
2.26.010 Minority-Owned Business and Women-Owned Business Utilization – Policy and Purpose.
2.26.030 MBE/WBE Utilization Board.
2.26.040 Purchase of goods, supplies, services and construction contracts.
2.26.050 Certification of MBE’s and WBE’s.
2.26.060 Maintenance of records and reporting procedures.
2.26.070 Utilization of MBE’s and WBE’s.
2.26.010 Minority-Owned Business and Women-Owned Business Utilization – Policy and Purpose.
It is the policy of Vanderburgh County that Minority-Owned Business Enterprises (“MBE”) and Women-Owned Business Enterprises (“WBE”) shall have the maximum feasible opportunity to participate in public contracts and to do business with Vanderburgh County (the “County”).
The purpose of this Chapter is to lawfully promote economic development by the utilization of MBE’s and WBE’s by County departments and boards as prime contractors and subcontractors in contracts for purchases and construction projects by the County.
(Ord. 01-10-002 § 2, added 2/2/2010)
2.26.020 Definitions.
The following definitions shall apply throughout this subchapter:
“Business day” shall mean any day except weekends and holidays observed by the County.
“Contractor” means any business entity with which the County enters into a contract to provide goods, supplies, services or construction work for the County.
“Emergency contract” shall mean a contract that is awarded on an emergency basis due to a threat of harm to person or property or threat of disruption of governmental services.
“Local MBE” or “Local WBE” means an MBE or WBE certified in the State of Indiana which has an owner who has resided in Vanderburgh County or has had a business office in Vanderburgh County for three (3) years.
“Regional MBE” or “Regional WBE” shall mean a MBE or WBE certified in the State of Indiana who has a joint venture with a “Local MBE” or “Local WBE” to obtain a bid/contract with the County, the City of Evansville (“City”) or the Evansville Vanderburgh School Corporation (“EVSC”).
“Minority” means a person who is a citizen of the United States and who is a member of any of the following racial groups:
(1) African American (a person with origins in any of the black racial groups of Africa).
(2) Hispanic American (a person with origins in Mexico, Central America, South America, Cuba, or Puerto Rico)
(3) Asian American (a person with origins in the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands)
(4) American Indian (a person with origins in any of the original peoples of North America, including, but not limited to, natives of Alaska)
(5) Other similar racial minority groups
“Minority and Women’s Business Utilization Plan” shall mean a plan developed by the MBE/WBE Utilization Board in consultation with the Purchasing Department and approved by the County. The Plan shall provide for utilization of local MBE’s and WBE’s and provide rules and regulations to implement this ordinance.
“MBE” means a minority business enterprise.
“This Chapter” means sections 2.26.010 through 2.26.080.
“WBE” means a woman-owned business enterprise.
(Ord. 01-10-002 § 2, added 2/2/2010)
2.26.030 MBE/WBE Utilization Board.
(A) There is hereby created the MBE/WBE Utilization Board (the “Board”). The Board shall consist of nine (9) members. Two (2) members shall be appointed by the Mayor, one (1) member shall be appointed by the City Council, two (2) members shall be appointed by County Commissioners, one (1) member shall be appointed by the County Council, and three (3) members shall be appointed by EVSC. All appointments expire on December 31 of the second year for which they are made. Board members may be removed at the pleasure of the appointing authority prior to the expiration of their terms. The Board shall elect from its membership a President and a Vice-President, who shall act as the presiding officer in the absence of the President. The Board shall also elect from its membership a Secretary, who shall perform such duties as prescribed by the President.
Board members shall serve without compensation. Board members may be compensated for expenses incurred if approval of the County is given and money is appropriated to cover the cost.
All meetings of the Board shall be conducted in accordance with the Indiana Open Door Law.
(B) Any member of the Board who seeks a contract involving City and/or County and/or EVSC funds shall file a Conflict of Interest Disclosure form pursuant to state law. Any member of the Board who seeks and/or obtains a contract involving City and/or County and/or EVSC funds whether as a prime contractor or subcontractor shall be disqualified from participating in and voting on any matter or proceeding involving any business entity seeking a contract from the same source of City and/or County and/or EVSC funds.
(C) The Board and the Purchasing Department shall have the following duties and authority:
1. The Board shall hear and determine requests for waivers from bidders from MBE/WBE requirements.
2. The Purchasing Department shall maintain lists of certified MBE’s and WBE’s from which County departments and boards may make purchases or award contracts directly or indirectly as subcontractors of business entities being awarded a contract by the County. Such lists shall delineate the goods, services or construction projects to which the MBE or WBE may be interested in performing or providing.
3. The Board, in consultation with the Purchasing Department, shall develop a plan for the utilization of local MBE’s and WBE’s and shall establish within the said plan rules and regulations to implement this ordinance and the duties of the Board hereunder. This plan shall be titled the “Minority and Women Business Utilization Plan for the City of Evansville and Vanderburgh County (the ‘Utilization Plan’).” The Utilization Plan shall not unlawfully discriminate against any person or business in the award or execution of any contract. The Utilization Plan shall promote local MBE and WBE business development in the community and shall comply with the requirements of federal and state public purchasing and construction laws. The Utilization Plan shall apply to all County departments whose budgets are approved by County Council.
4. The Purchasing Department, in consultation with the Board, shall conduct an annual review of effectiveness of the County departments and boards in meeting their annual goals in soliciting prices from local/Regional MBE’s and WBE’s. Such review shall be based on the actual solicitation of a price from local/Regional MBE’s and WBE’s versus the availability of qualified local/Regional MBE’s and WBE’s.
5. The Purchasing Department, in consultation with the Board, shall provide training to all departments and boards of the County at least annually in how to better utilize MBE’s and WBE’s.
6. In construction bids for which formal advertised bidding is required by state law, the Purchasing Department shall review bid specifications submitted by the County departments and promulgate goals for the utilization of MBE’s and WBE’s. In no event shall a bidder be required to award a subcontract to a MBE/WBE, but it may not unlawfully discriminate against said MBE/WBE. The “good faith” effort of bidders in obtaining MBE and WBE participation shall be considered by the Purchasing Department and the boards and commissions awarding contracts as a factor in determining a “lowest responsive bidder.”
7. The Purchasing Department, in consultation with the Board, shall report to the County departments and boards concerning contract language and procedures which will enable MBE’s and WBE’s to more competitively submit bids to the County or to prime contractors, including, but not limited to, prompt payment, bonding requirements, and any other lawful means to better utilize MBE’s and WBE’s.
8. The Purchasing Department shall investigate allegations of non-compliance by contractors with goals of the County as to utilization of MBE’s and WBE’s or practices of the contractors wherein it is alleged that discriminatory practices or procedures of the contractors were used in the solicitation, award or execution of subcontracts, contracts for supplies or contracts for services. The Purchasing Department shall report its findings to the Law Department for a determination and a report and recommendation to the Board. An adverse determination by the Board may be appealed by the contractor to the awarding board within thirty days of notice of such a determination. A determination of such discriminatory practice following notice and hearing before the awarding board shall be referred to the appropriate State and Federal enforcement agencies for appropriate action. A finding of such a discriminatory practice shall prohibit that firm from being awarded a contract or being a subcontractor on a County contract for a period of one year from the date of such determination. Additionally, such a determination may be grounds for terminating the contract to which the discriminatory practice or non-compliance pertains.
9. The Purchasing Department shall provide assistance to certified MBE’s and WBE’s through printed materials and individual assistance to firms to eliminate barriers to participation in County contracts, including, but not limited to, the following:
a. Provide information on the County’s organizational and contractual needs;
b. Provide instructions to preparers of bid specifications to ensure implementation of this subchapter;
c. Provide information to WBE’s and MBE’s on County procedures in awarding contracts; and
d. Provide an opportunity to review with the bidder why its bid was rejected if it was rejected for a reason other than price.
10. Whenever possible, the County shall facilitate seminars by representatives of financial institutions, insurance and bonding companies, to familiarize WBE’s and MBE’s with the requirements of those companies for loans, insurance and bonds.
(D) The Purchasing Department shall act as the staff of the Board to assist the Board in carrying out its purposes and functions.
(Ord. 01-10-002 § 2, added 2/2/2010)
2.26.040 Purchase of goods, supplies, services and construction contracts.
(A) All contracts for the purchase of goods, supplies, services and for the construction projects awarded by the County shall contain provisions requiring the contractor and subcontractors not to discriminate against any employee or applicant for employment in the performance of the contract, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age or disability that does not affect that person’s ability to perform the work.
(B) An MBE or WBE may register with the Board at the Purchasing Department on forms established by the Board. The registration shall be for the purpose of submitting state of Indiana certification of the status as a qualified WBE or MBE for local projects and purchases and, if local, to ensure their inclusion on a Local MBE/WBE Directory made available to County departments for purchases of goods, services and utilization in construction projects. The registrant shall provide a general list of the types of goods or services it is willing to provide or the types of construction projects in which it is willing to participate.
(C) County departments shall be given lists of local WBE and MBE registrants. County departments shall review such lists to see how they may utilize such local registrants in seeking quotes or bids on purchases of goods or services and on construction projects.
(D) On any construction project for which quotes or bids are to be received, attached to the specifications shall be a list of MBE’s and WBE’s in order to make the prime contractors, i.e. bidders, aware of the availability of such MBE’s and WBE’s which may be utilized as subcontractors.
(Ord. 01-10-002 § 2, added 2/2/2010)
2.26.050 Certification of MBE’s and WBE’s.
(A) Each business that desires to become certified as an MBE or WBE shall complete a vendor application and attach it to the State of Indiana Certification. Certification by the state of Indiana as an MBE or WBE shall constitute certification by Vanderburgh County. Those MBE’s and WBE’s certified by Vanderburgh County at the time of adoption of this ordinance shall retain their certification until the annual expiration date. Thereafter, each MBE or WBE seeking recertification shall be required to obtain recertification through the state of Indiana.
(B) An applicant who has been approved as an MBE or WBE by the state of Indiana, and registered with the County, shall notify the Purchasing Department of any change in ownership of the business, change of address, or decertification by any other governmental entity within five (5) business days of any such change of status.
(Ord. 01-10-002 § 2, added 2/2/2010)
2.26.060 Maintenance of records and reporting procedures.
(A) The Purchasing Department and the contracting departments shall implement a comprehensive record keeping procedure, whereby the County can identify and assess local MBE/WBE contract awards and contractor utilization of MBE’s and WBE’s.
(B) The Purchasing Department shall at least annually, report to various departments on the extent to which they are utilizing local MBE’s and WBE’s and local MBE’s and local WBE’s. Such report may include suggestions on approved utilization of local MBE’s and WBE’s that offer goods or services needed by the departments.
(C) Contractors and suppliers of goods and services shall not be penalized for not using local MBE’s or WBE’s. However, contractors and suppliers of goods and services shall not discriminate against local MBE’s and WBE’s.
(Ord. 01-10-002 § 2, added 2/2/2010)
2.26.070 Utilization of MBE’s and WBE’s.
County departments shall not discriminate against non-local MBE’s and WBE’s in awarding contracts hereunder. County departments shall not penalize any contractor or supplier of goods and services that chooses to utilize non-local MBE’s and WBE’s.
The purpose of this ordinance is to make County departments and contractors aware of local MBE’s and WBE’s, as well as Regional MBE’s and WBE’s, to give these businesses equal opportunity in the contracting process and to promote economic development.
(Ord. 01-10-002 § 2, added 2/2/2010)
2.26.080 Emergency contracts.
The provisions of this subchapter shall not apply to emergency contracts.
(Ord. 01-10-002 § 2, added 2/2/2010)