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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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4-4.32   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)
4-4.8   Conformity with Existing Commonwealth and Federal Law.
   The city’s MWBE Initiative shall be implemented in conformity with any and all commonwealth and federal law, including, but not limited to, the statutory standards set forth in the commonwealth’s Construction Reform Law, Chapter 193 of the Acts of 2004 and the revisions it made to M.G.L. Chapter 23A, Section 44 and M.G.L. Chapter 7, Section 6.
(CBC 1985 4-4.8; Ord. 2008 c. 8)
4-4.9   Severability.
   The provisions of this Section are severable and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining provisions which shall remain in full force and effect.
(CBC 1985 4-4.9; Ord. 1987 c. 14 § 8; Ord. 2008 c. 8)
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