HomeMy WebLinkAboutRESOLUTIONS-1973-059-R-73a'
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12110173
59-R-73
A Resolution Creating an Affirmative Action
Program directed toward the Utilization of
Minority Business Enterprises
WHEREAS, the City Council of the City of Evanston recognizes that
business enterprises operated by members of minority groups may have been
underutilized by the City of Evanston in its purchase and construction.con-
tract bidding procedures; and
WHEREAS; the City Council of the City of Evanston desire to affirm-
atively seek the participation of minority businesses in the purveying of
goods and ,services to the City; and
'§MEREA4, the City Council of the City of Evanston recognizes that
minority businesses are disadvantaged by the bid structure and procedures
required by law; and
WHEREAS, the City Council of the City of Evanston finds that it
would be .in the public interest of the City to participate to a greater ex-
tent with minority business enterprises; and
WHEREAS, for the purposes of this resolution and the implementing
of an affirmative action program in purchasing, a minority group contractor
or business enterprise is defined as an individual or group of individuals
representative of a minority group class, and who own or control 51% or
more of the investment capital of an established business enterprise, a min-
ority group class shall include Black, Spanish surname, American Indian,
Oriental, and ;women:.
NOW, THEREFORE,.BE IT RESOLVED by the City Council of the City of
Evanston that the following program, referred to as the Affirmative Action
Program for the Utilization of Minority Business'Ehterprises, is hereby
adopted and the City Manager is hereby directed to carry in action said
program:
Affirmative Action Program for the Utilization of
Minority Business Enterprises
A. All contracts by and between the City of Evanston and
contractors for the purchase by the City of Evanston of
goods and/or services shall contain the following clause:
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"Contractor agrees that he shall actively solicit bids
for the subcontracting of goods or services from quali-
fied minority businesses. At the request of the City,
Contractor shall furnish evidence of his compliance with
this requirement of minority solicitation. Contractor
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further agrees to consider the grant of subcontracts to
said minority bidders on the basis of substantially equal
proposals in the light most favorable to said minority
businesses. Contractor further affirms that in obtaining
his performance and bid bonds, he will seek out and use
companies who have records of, and/or who will make.com-
mitments to, the bonding of minority contractors on a rate.
basis comparable to their bonding of similar non -minority
contractors. The contractor may be required to submit
this evidence as part of the bid or subsequent to it."
B. The Purchasing Division of the City of Evanston shall de-
velop and maintain source lists of minority businesses and
shall include those applicable businesses in all solicita-
tion of ,services and materials. Said list shall be kept
substantially up-to-date and shall include new business
enterprises as the occasion warrants. All other Depart-
ments of the City involved in the•solicitation of services
or material shall make use of the aforesaid list in all bid'
solicitation.
C. The City Manager is hereby instructed in developing the work
program and purchasing program of the City for each year to
: set aside specific projects and commodities which are to be
reserved for small minority business enterprises. In these
areas of contracts and supplies, qualified small minority
businesses should be sought for proposals as to their cost
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of performing the contract. Upon approval of the annual bud-
get, the City Manager shall meet with the appropriate persons {'
to determine those area's and specific jobs for the set aside�1r.
program. one of the considerations he should make when de- __..,.._
termining the set aside program is the availability of com-
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petition among small minority contractors in the areas chosen.
He shall then report to the Council for its approval prior
to initiating the program. The results of each year's pro-
gram shall be reported to the City Council annually with
recommendations for change.
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D. When it is determined that the providing of a performance
bond is not absolutely necessary for the protection of
the City, and when an alternative means of protecting
the City in the performance of work can be derived, the
waiting of a performance bond should be considered as
part of the purchasing program. This is to be the proce-
dure when it is determined that the acquiring of a per-
formance bond would tend to have the effect of discourag-
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ing minority participation.
E. The Administrative Departments of the City shall cooperate
with all agencies, public and private, formed for the pur-
pose of assisting minority business enterprises to the
extent necessary to complete studies and surveys of the
role and function of minority enterprises. Said Adminis-
trative Departments shall further give all necessary assist-
ance to minority business enterprises in the preparation
.and submission of bids for goods or services.
F. The Office of the City Manager of the City of Evanston in
conjunction with the Administration and Public Works Com-
mittee of the Evanston City Council shall be charged with
the responsibility for implementation and procedural devel-
opment of the aforesaid policy..
.' ATTEST /s/.Maurice F. Brown
City Clerk
Adopted: December 102
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, 1973.
/s/ Edgar Vanneman, Jr.
Mayor