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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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4-4.2   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)
4-4.4   Policy Implementation.
   (A)   The SLBE Office shall have primary oversight authority of the MWBE Initiative.
   (B)   The SLBE Office shall have primary responsibility for implementation of MWBE outreach efforts. In order to fulfill this responsibility, the SLBE Office shall be responsible for providing the resources to each Department to achieve maximum MWBE participation in Department contracts.
   (C)   The SLBE Office shall be responsible for educating City Departments regarding the requirements of this Section and shall guide Departments in their efforts to document and report MWBE participation.
   (D)   The SLBE Office shall be responsible for monitoring the effectiveness of Departmental efforts and the participation of MBE/WBEs in City of Boston contracts for goods or services. The SLBE Office shall maintain records required or reasonably necessary to monitor such participation.
   (E)   The SLBE Office shall develop and maintain a directory of certified MBEs and WBEs to be published on the SLBE Office’s website. The directory shall be updated on a bi-monthly basis.
   (F)   Pursuant to the supplier diversity program established under Subsection 4-4.32(A), the SLBE Office shall adopt contractor participation goals and develop appropriate contracting language that provide for and ensure the meaningful participation of MWBEs as contractors.
(CBC 1985 4-4.4; Ord. 1987 c. 14 § 5; Ord. 1994 c. 18 § 4; Ord. 1995 c. 6 §§ 15, 16; Ord. 2008 c. 8; Ord. 2017 c. 7 § 3)
4-4.5   Compliance and Enforcement.
   The SLBE Office shall be responsible for monitoring and enforcing this Section.
(CBC 1985 4-4.5; Ord. 1987 c. 14 § 6; Ord. 1994 c. 18 § 5; Ord. 1995 c. 6 § 17; Ord. 1996 c. 14; Ord. 2001 c. 11; Ord. 2008 c. 8)
4-4.6   Data Collection.
   (A)   The SLBE Office shall collect, and the City’s Departments shall provide, data from all parties affected by this Section. This data shall include but not be limited to the following:
      (1)   Business name, address, telephone number and name/title of the vendor;
      (2)   The MWBE status of vendor;
      (3)   Any unique identification code or number for the vendor;
      (4)   A brief description of services to be performed by the vendor;
      (5)   Date and dollar amount of contract award;
      (6)   Funding source of contract; and
      (7)   Start and end dates of the contract.
   (B)   The data shall be submitted in conformity with the schedule and reporting format developed by SLBE.
   (C)   Data shall be collected for informational purposes and shall not be used in a discriminatory manner.
   (D)   All City Departments shall require any vendor affected by this Section to submit the data required under division (A) above as part of the standard billing/payment submission process.
   (E)   All City Departments shall report to the Mayor and the Boston City Council on a quarterly basis each Department’s contracting activities, including utilization of Minority and Women Owned Business Enterprises.
   (F)   (1)   The SLBE Office shall compile the following information from City Departments and Central Procurement, and prepare quarterly reports which shall include, but not be limited to:
         (a)   The total dollars expended on procurement contracts to date;
         (b)   The number and type of contracts entered into to date;
         (c)   The number of contracts entered into with minority business enterprises;
         (d)   The number of contracts entered into with women business enterprises;
         (e)   The number of contracts entered into with city resident owned businesses;
         (f)   The number of contracts entered into with veteran business enterprises;
         (g)   The dollar value of contracts entered into with minority business enterprises;
         (h)   The dollar value of contracts entered into with women business enterprises;
         (i)   The dollar value of contracts entered into with city resident owned businesses; and
         (j)   The dollar value of contracts entered into with veteran business enterprises.
      (2)   Said reports shall be submitted to the Mayor and the City Council. The city shall post each quarterly report on its website.
(CBC 1985 4-4.6; Ord. 2008 c. 8; Ord. 2017 c. 7 § 4)
4-4.7   Waiver.
   If a City Department determines that circumstances exist which prevent it from complying with this Section, then such Department may request from the SLBE Office an exemption from compliance with the provisions of this Section.
(CBC 1985 4-4.7; Ord. 2008 c. 8)
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