* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITIES OF BALTIMORE
COUNCIL BILL R
(Resolution)
Introduced by: Councilmember Holton, President Dixon, Councilmember Branch
A RESOLUTION ENTITLED
A COUNCIL RESOLUTION concerning
Title
Investigative Hearing - Is Comcast of Baltimore, L.P. in Compliance with Baltimore City's MBE/WBE Participation Guidelines?
FOR the purpose of requesting the Director of Governmental and Legislative Affairs of Comcast Baltimore to report to the City Council on the cable company's compliance with the minority business participation guidelines that were agreed to as part of the franchise agreement of December 2004.
Body Recitals
Section 7 of Ordinance 04-885, that awards Comcast the cable lucrative cable televison franchise to provide cable services to the citizens of Baltimore City, provides specifically that the company will abide by the City's MBE/WBE business participation policies as follows:
EMPLOYMENT AND PURCHASING
7.3 MBE/WBE. Franchisee agrees to comply with the City's statutes, ordinances and regulations regarding participation by minority business enterprises ("MBEs") as if it were a contractor receiving funding from the City provided that enforcement of this Section shall be exclusively by way of liquidated damages and in no event shall the City seek to suspend or rescind the Franchise for any violation of this Section and women's business enterprises ("WBEs"). The Franchisee shall use reasonable, good faith efforts to meet a goal for participation by MBE and WBE for purchases and construction contracts as established by the City's Minority and Women's Business Opportunity Office ("MWBOO"). MWBOO shall administer the provisions of this Section on behalf of the City, and Franchisee shall comply with MWBOO rules and requirements.
A. Documentation to the City on MBE/WBE. Six (6) months after the Effective Date and every six (6) months thereafter while upgrade construction under this Agreement is in progress, and annually thereafter, the Franchisee shall submit to the City written documentation, including executed contracts, service agreements and utilization commitment forms, that shall identify the particular MBE/WBEs that are (I) contracting directly with the Franchisee; or (ii) subcontracting with prime contractors who contract directly with Franchisee. The documentation submitted to the City shall specify the dollar value of the participation, type of work to be performed, and such other information as the City may reasonably request.
B. Waiver of MBE/WBE. In the event that, after the use of reasonable, good faith efforts to meet the goals for MBE and WBE participation established pursuant to this Section 7.3, the Franchisee is able to demonstrate to the City's satisfaction that sufficient qualified and willing MBEs and WBEs are unavailable, then Franchisee may request a waiver or reduction of the MBE/WBE goals.
C. Report on MBE/WBE. Six (6) months after the Effective Date and every six (6) months thereafter, the Franchisee shall submit to MOCC a report on its compliance with this Section 7.3. Franchisee may satisfy this requirement by copying MOCC on any such report that it files with another City agency on a semiannual or more frequent basis.
7.4 Prequalification. Franchisee and each of its contractors and subcontractors performing work with respect to the Cable System in excess of the dollar amount established by the City shall be prequalified annually with the City. The Franchisee and its contractors and subcontractors shall submit such forms and other information as may be required by the DPW, the DOT, and the Purchasing Agent to obtain such prequalification annually.
7.5 Compliance. Franchisee shall ensure that the requirements of Section 7 are adhered to by any Affiliated Person or contractor or subcontractor that is regularly performing functions on the System.
The Baltimore City Council has been in the forefront of advocating for minority- and women- owned businesses by, in 1996, adopting legislation that resulted in the establishment of separate City-wide annual goals for the utilization of MBE/WBE enterprises to provide a remedy for past discrimination and to prevent ongoing discrimination in the City's contracting process, and in urging the Board of Estimates to fund Baltimore Minority Business Initiative - Phase I and II - that provided technical assistance to small businesses to initially enable them to become viable subcontractors and then later to become principal contractors for participation in the award of City contracts.
In 1997, the Council continued its momentum by requiring City agencies to report to the Body on their compliance with the Minority and Women's Business Enterprises policy; in 1999, the Council created the Ad Hoc Committee on Small Business to promote the healthy existence of and to protect the survival of small businesses in the City; in 2000, the Administration and the Council enacted the Ordinance 00-98 - Minority and Women's Business Opportunity Ordinance - as a result of a Disparity Study that produced evidence that a substantial disparity in the utilization of these businesses in the construction, commodity, architectural and engineering, and service industries in the Baltimore City market area continued to exist.
In compliance with the provision of Ordinance 00-98, the Mayor's Office of Minority Business Development is charged with the mission of ensuring that the City of Baltimore is prepared to create new opportunities for minority-owned (African American, Asian American, Hispanic American, or Native American) and women-owned (51% ownership) businesses. The Council oversight continued with a request to the Baltimore City Delegation to the 2001 Maryland General Assembly to sponsor legislation to amend State law to provide for a Maryland Minority and Women Business Enterprise program that is consistent with the more progressive Baltimore City policy. Each year the Council continues to oversee the City's compliance with the minority and women's business program's annual goals.
Because Comcast has committed to maintain compliance with the City's MBE/WBE policy, it is appropriate that the Council call upon them to demonstrate their compliance, as has been the policy with all entities subject to the provisions of the City's MBE/WBE business participation policies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BALTIMORE, That the Director of Governmental and Legislative Affairs of Comcast Baltimore is requested to report to the City Council on the cable company's compliance with the minority business participation guidelines that were agreed to as part of the franchise agreement of December 2004.
AND BE IT FURTHER RESOLVED, That a copy of this Resolution be sent to the Mayor, the President and Director of Governmental and Legislative Affairs of Comcast Baltimore, the Director M/WBE Opportunity Compliance Office, the Director of the Mayor's Office of Minority Business Development, the Chair of the Baltimore City Council Ad Hoc Committee on Small Business, and the Mayor's Legislative Liaison to the City Council.
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