[Added 12-9-2003 by L.L. No. 8-2003]
It is the goal of the City of Yonkers to use its best efforts
to encourage and promote an increased participation of business enterprises
owned and controlled by persons of color or women (MBE/WBE) in contracts
and projects funded by all departments of the City. In recognition
of the need to promote the development of business enterprises owned
and controlled by persons of color and women to achieve a goal of
equal opportunity, the City of Yonkers shall as a lawful public and
City purpose provide technical and informational assistance to such
business enterprises with a particular emphasis on education programs
to encourage participation in the contract procurement process.
As used in this article, the following terms shall have the
meanings indicated:
A business enterprise, including a sole proprietorship, limited
liability partnership, partnership, limited liability corporation
or corporation, that is: a) at least 51% owned by one or more persons
of color or women; b) an enterprise in which such ownership by persons
of color or women is real, substantial and continuing; c) an enterprise
in which ownership interest by persons of color or women has and exercises
the authority to control and operate, independently, the day-to-day
business decisions of the enterprise; and d) an enterprise authorized
to do business in this state which is independently owned and operated.
In addition, a business enterprise owned and controlled by persons
of color or women shall be deemed to include any business enterprise
certified as an MBE or WBE pursuant to Article 15-A of the New York
State Executive Law and the implementing regulations, 9 New York Code
of Rules and Regulations, Subtitle N, Part 540, et seq., or as a small
disadvantage business concern pursuant to the Small Business Act,
15 U.S.C. § 631 et seq., and the relevant provisions of
the Code of Federal Regulations, as amended.
A United States citizen or permanent resident alien who is
and can demonstrate membership in one of the following groups:
Black person having origins in any of the Black African racial
groups;
Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,
Central or South American descent of either Indian or Hispanic origin
regardless of race;
Native American or Alaskan native persons having origins in
any of the original peoples of North America;
Asian or Pacific Islander persons having origins in any Middle
or Far East countries, South East Asia, the Indian subcontinent or
the Pacific islands.
There shall be a clause inserted into every specification, agreement
or construction contract let by the City stating the policy of the
City to encourage and support significant, meaningful participation
by business enterprises owned and controlled by people of color and/or
women. To the extent practicable, all advertisements for the receipt
of bids or requests for proposals shall reference this article and
the policy and goals enunciated herein.
Each City department required to file an annual report shall
include in such annual report information that identifies the extent
and nature of participation by business enterprises owned by persons
of color and/or women with respect to contracts awarded by or on behalf
of such department. Such annual report shall be filed with the Mayor
and the City Clerk's office.
The City of Yonkers shall utilize a list of qualified business
enterprises owned and controlled by persons of color and/or women
as certified by New York State pursuant to Executive Law Article 15-A.
Such list will be utilized to identify suppliers and contractors by
product, service and capability as appropriate and may contain such
other relevant information regarding previous work history with the
City or other municipal entities as may be appropriate and available.
Such lists shall be disseminated to commissioners of each department
on a semiannual basis or more often as requested in connection with
a specific contract or procurement.
The City of Yonkers Purchasing Director shall establish a process
to monitor the participation of business enterprises owned and controlled
by parsons of color and/or women in contract or purchase orders for
the purchase of supplies, materials and equipment and services related
thereto.
A.
There shall hereby be created a Technical Assistance Plan Committee composed of six members appointed by the Mayor. Such committee shall include heads of three City departments, as well as one African-American, one Hispanic and one woman, each of whom shall own or control a business enterprise in accordance with § 13-65 of this chapter. The members of the Committee that are City department heads shall be empowered to designate a duly authorized representative to serve in his or her stead, when necessary.
B.
The Committee shall develop a technical assistance plan targeting
business enterprises owned and controlled by persons of color and/or
women and reasonably calculated to provide educational, technical
and informational assistance regarding public bidding, purchasing
and procurement requirements through seminars, pamphlets and informational
guides. Such technical assistance plan may also contain, when appropriate,
project specific information with respect to specific contracts, projects
or improvements on an ongoing basis.
C.
The Committee shall also recommend specific actions or procedures
reasonably calculated to remedy any problems identified as an impediment
to the full and meaningful participation by business enterprises owned
and controlled by persons of color and/or women.
D.
All members of the Technical Assistance Committee shall serve without
compensation but shall be entitled to receive all reasonable expenses
actually incurred in the performance of their duties.
