§ 28-124 — Annual goal

Sec. 28-124. - Annual goal.

(a) Of the total dollars spent annually for goods and services, the DSBO director, in consultation with the purchasing director and user departments shall establish an aspirational annual goal for MWBE utilization based on the dollars to be spent for goods and services. The DSBO will establish, in consultation with the purchasing division and user departments, subcategories of goods and services corresponding to the codes set forth in the North American Industrial Classification Standard (NAICS) codes system, or successor classification system. The DSBO director may also consult with user departments in establishing the annual goal. (b) The DSBO director, in consultation with the purchasing director and user departments, as a basis for the establishment of the annual goal shall annually determine the present availability of all MWBEs providing goods or performing services in the relevant market area and recommend the annual goal to the city council for its review. The DSBO shall conduct such inquiries, studies and hearings, and utilize such information and assistance from such persons, consultants, entities or organizations, within or without the city, including the purchasing director and city department heads as the DSBO director at his or her sole discretion deems necessary to make such annual recommendation. (c) The city council shall review the annual goal recommended by the DSBO director, may undertake such additional inquiries as it deems appropriate, and may approve, disapprove or modify the recommended annual goal by ordinance in each succeeding year. Until the city council approves, disapproves or modifies the annual goal in a succeeding year, the prior annual goal established in this section shall continue in effect. (d) Participation shall count toward the annual goal, to the extent provided in section 28-129, concerning individual participation goals; and section 28-140 concerning defined procurement pool. (e) The DSBO director, in the best interests of the city, may waive a representative sample of city contracts or purchase orders for goods or services to be bid or otherwise selected without a goal, in order to determine MWBE utilization on such contracts in the absence of such a goal. A written justification for such a waiver will be included in the DSBO's annual report. The DSBO director shall analyze, based upon such representative sample and other contracts that may otherwise be let with a participation goal of zero percent, to what extent the originally established annual goal has been met without the imposition of participation goals. To the extent ascertainable, this information shall be utilized in the setting of the annual goal.

(Ord. No. 286-20, § 3, 4-13-20)