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4-4   PROMOTING MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES IN THE CITY.
4-4.1   Findings.
   Whereas, in keeping with the City of Boston’s (the “city”) economic development philosophy to maximize economic opportunity for all citizens of Boston and every segment of the business community, it is the policy of the city to encourage, assist and provide equal opportunity for minority and women owned businesses to participate in the receipt of city contracts; and whereas, the city supports every reasonable measure to avoid becoming a passive participant in any private sector discrimination practiced against minority and women owned business enterprises within the city’s marketplace; and whereas, nondiscrimination alone in the awarding of city contracts is not sufficient to maximize economic opportunity for all residents of Boston and every segment of the business community, the need exists for purposeful steps to be taken to ensure that both minority and women owned businesses are utilized by the city to a more substantial and equitable extent; and whereas, this Section, as enacted, could no longer be implemented due to United States Supreme Court jurisprudence; now, therefore, the city declares and finds that it is necessary to ameliorate the continuing negative impact of said underutilization and under-representation of minority and women owned businesses in city contracts.
(CBC 1985 4-4.1; Ord. 1987 c. 14 § 1; Ord. 1994 c. 18 § 1; Ord. 1995 c. 6 § 1; Ord. 2008 c. 8)
4-4.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CITY OF BOSTON DEPARTMENTS. Those City Departments, Authorities, Agencies and any Department or Agency acting on behalf of another (“Awarding Authorities”) under the supervision of the Mayor or persons appointed by him or her.
   CITY OF BOSTON MINORITY AND WOMEN BUSINESS ENTERPRISE INITIATIVE (“MWBE INITIATIVE”). The initiative outlined in this Section shall be referred to as and shall commence upon execution of the Section.
   DIRECTOR. The Director of the SLBE who, for the purposes of overseeing the implementation of this Section, shall report directly to the Mayor, or his or her specified designee, concerning internal compliance with the Section by the leadership and general ranks of City of Boston Departments.
   MINORITY BUSINESS ENTERPRISE (“MBE”). A business certified by the Small and Local Business Enterprise (“SLBE”) Office as a bona fide minority business.
   MWBE. Minority and Women Business Enterprise.
   SLBE OFFICE. The Small and Local Business Enterprise Office, as originally referenced in this chapter, the Office of Small Business Development or any other Office similarly charged with implementing diversity initiatives within city procurement and/or contracting.
   WOMEN BUSINESS ENTERPRISE (“WBE”). A business certified by the SLBE Office as a bona fide women business.
(CBC 1985 4-4.2; Ord. 1987 c. 14 § 2; Ord. 1995 c. 6 §§ 2-12; Ord. 2008 c. 8; Ord. 2017 c. 7 § 1)
4-4.31   Supplier Diversity Program.
   The SLBE Office shall establish a supplier diversity program designed and implemented to achieve meaningful participation on the part of MWBEs in all city contracts, including those for supplies and services, construction, public works and design services.
(CBC 1985 4-4.31; Ord. 2017 c. 7 § 2)
4-4.32   Affirmative Marketing Policy.
   (A)   The SLBE Office shall seek to identify those minority and women businesses that may benefit from this Section, reach them with information and education regarding city contracting needs and policies and encourage those businesses to participate in all city contracts, including those for supplies and services, construction, public works and design services.
   (B)   To the extent not otherwise provided by statute and subject to M.G.L. Chapter 7C, Sections 44-57 (Designer Selection), whenever any Department of the city announces contracting opportunities for professional services for an amount less than $50,000, the city shall seek proposals from at least one MBE or WBE firm whose professional services qualify as such under the city’s most recently conducted disparity study.
(CBC 1985 4-4.32; Ord. 1987 c. 14 § 3; Ord. 1994 c. 18 § 3; Ord. 1995 c. 6 § 13; Ord. 2008 c. 8; Ord. 2017 c. 7 § 2)
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