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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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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)
4-4.33   RFP Policy.
   Requests for Proposals (“RFP”s) issued by City Departments used in the procurement of supplies and services, or contracting for construction, public works or design services shall reflect WMBE participation goals and diversity initiatives as laid out in this chapter, and by the SLBE Office. Evaluation of a proposal submitted in response to a city RFP shall include an assessment and rating of each proposer’s commitment and approach to meeting city objectives regarding inclusion of minorities, women and WMBEs.
(CBC 1985 4-4.33; Ord. 2017 c. 7 § 2)
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