Sec. 308.01. Purpose
Sec. 308.11. Definitions
Sec. 308.21. Inclusion of statement of policy in county contracts
Sec. 308.31. Record-keeping
Sec. 308.41. List of qualified business enterprises
Sec. 308.51. Purchasing review
Sec. 308.61. Technical assistance plan committee
It is the goal of the County of Westchester to use its best efforts to encourage, promote and increase 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 county and to develop a policy to efficiently and effectively monitor such participation.
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 County of Westchester shall as a lawful public and county 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.
(Added by L.L. No. 18-1997)
For the purposes of this chapter:
1. Persons of color shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (a) Black persons having origins in any of the Black African racial groups; (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin regardless of race; (c) Native American or Alaskan native persons having origins in any of the original peoples of North America; (d) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands.
2. A business enterprise owned and controlled by women or persons of color shall mean a business enterprise including a sole proprietorship, limited liability partnership, partnership, limited liability corporation or corporation that is: (a) at least fifty-one (51) percent owned by one (1) 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 such 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 disadvantaged 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. (Added by L.L. No. 18-1997)
There shall be a clause inserted into every specification or construction contract let by the county stating the policy of the county 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 chapter and the policy and goals enunciated herein.
(Added by L.L. No. 18-1997)
1. Each county department shall keep accurate records relating to the contracting process, including but not limited to, contracts awarded by or on behalf of that department including statistics on the participation of business enterprises owned and operated by persons of color and/or women in such contracts. Such records shall, at a minimum, identify the type and amount of each prime contract as well as whether the business enterprise is owned by women or owned by one or more persons of color who is African American, Hispanic, Asian-American, American-Indian or Alaskan native.
2. Each county 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 County Executive and the Clerk of the County Board of Legislators. (Added by L.L. No. 18-1997)
Westchester County shall establish and maintain a list of qualified business enterprises owned and controlled by persons of color and/or women in a manner promulgated by the County Executive. Such list of business enterprises shall identify suppliers and contractors by product, service and capability as appropriate and may contain such other relevant information regarding previous work history with the county or other municipal entities as may be appropriate and available. Such lists shall be disseminated to commissioners of each department on a semi-annual basis or more often as requested in connection with a specific contract or procurement. (Added by L.L. No. 18-1997)
1. The Westchester County Purchasing Agent shall establish a process to monitor and report on the participation of business enterprises owned and controlled by persons of color and/or women in contracts or purchase orders for the purchase of supplies, materials and equipment and services related thereto. In connection therewith, the Purchasing Agent shall file an annual report with the County Executive and the Clerk of the County Board of Legislators indicating the county's progress in the implementation of the goals enunciated in this chapter.
2. In order to carry out the duties as described in subdivision 1. above, the Purchasing Agent shall establish guidelines to monitor and ensure the consistent, equitable and appropriate participation by business enterprises owned and controlled by persons of color and/or women. (Added by L.L. No. 18-1997)
1. There shall hereby be created a Technical Assistance Plan Committee composed of six members appointed by the County Executive. Such Committee shall include heads of three County 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 Chapter 308.11 2. of this chapter. The members of the committee that are county department heads shall be empowered to designate a duly authorized representative to serve in his or her stead when necessary.
2. 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 and 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.
3. 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.
4. All members of the Technical Assistance Committee shall serve without compensations but shall be entitled to receive all reasonable expenses actually incurred in the performance of their duties. (Added by L.L. No. 18-1997)