Label
Enacting MBE, WBE and SBE procurement programs
Diversity, Equity and Inclusion / Law
L. DeBerry (x1198) / E. Granata (x1034)
Title
Repealing Ordinance 838-91 and enacting a new Toledo Municipal Code ("TMC") Chapter 188 to establish a City goal-oriented minority and woman business enterprise subcontractor participation program and small business initiatives based on findings and recommendations from the City's 2022 Disparity Study; and enacting a new TMC Section 125.04.
Body
SUMMARY & BACKGROUND:
The City of Toledo has had long-standing goals to award construction, goods and services contracts and subcontracts to minority-owned businesses. However, to be enforceable under the US Constitution's equal protection clause, Courts have required the demonstration of an evidence-based 'compelling interest' to support the establishment of minority and women owned business programs. In August, 2020, the City competitively solicited a disparity study request for proposals and subsequently awarded the Disparity Study to Griffin & Strong, P.C. with a local certified MBE sub-contractor N-Sync, LLC, to perform PR/Community Engagement. The Disparity Study was completed and submitted to Council on October 18, 2022.
The study results were utilized to develop procurement goals, policies and procedures with the goal of awarding contracts and subcontracts to minority and women owned businesses in a percentage reflective of their availability in marketplace that is legally defensible and develop race and gender neutral polices that would also be likely to help address disparities.
This Ordinance modifies the Toledo Municipal Code to incorporate recommendations from the Disparity Study, including the adoption of targeted contract by contract-based subcontract goals for minority-owned and woman-owned business and the creation of a race and gender-neutral small business reserve program. Some recommendations included in the Study are being addressed through administrative ...
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