§ 6-92-3 — Equal business opportunity goals

Sec. 6-92-3. - Equal business opportunity goals.

A. Overall goals. In order to provide MWBEs equal opportunity and access to participate in all city procurement of construction-related services, goods and nonprofessional services and professional services, the city hereby incorporates the following six factors as part of its goal setting methodology in establishing annual MWBE goals: 1. The number of minority and women owned businesses in the relevant market area; 2. The availability of minority and female owned businesses in the relevant market area willing to do business with the city; 3. The general availability of minorities and females having the requisite skills to manage and/or form businesses in the relevant market area; 4. The percentage of minority and female businesses compared to the total number of businesses in the relevant market; 5. The availability of minority and female businesses in the relevant market area which an agency can reasonably add to its certification list; and 6. The degree of outreach and training the city is reasonably able to undertake as a means of making opportunity available to minority and female businesses. The annual MWBE goals shall be: a. Goals for subcontracting construction: 20% | Minority/Diverse 5% | Women 25% | Total Goal b. Goals for prime construction: 15% | Minority/Diverse 3% | Women 18% | Total Goal c. Goals for architecture and engineering services: 22% | Minority/Diverse 7% | Women 29% | Total Goal d. Goals for subcontracting architecture and engineering services: 15% | Minority/Diverse 5% | Women 20% | Total Goal e. Goals for goods and supplies: 12% | Minority/Diverse 1% | Women 13% | Total Goal f. Goals for other nonprofessional services: 23% | Minority/Diverse 2% | Women 25% | Total Goal g. Goals for other professional services: 13% | Minority/Diverse 2% | Women 15% | Total Goal The annual goals provided above shall be reviewed annually by the EBO advisory committee. These overall MWBE participation goals are only intended to be benchmarks evaluating the overall performance of the EBO program on an annual basis. These participation goals are not, and shall not, be quotas. For purposes of determining or satisfying annual participation goals, only the participation of minority or woman owned business enterprises located within the Memphis MSA and certified by the city's contracted central certification agency will be considered. B. Project participation goals. On individual contracts or projects, there is no requirement that the above annual EBO goals be met. The EBO advisory committee shall have the responsibility of determining whether a project participation goal is warranted on any given project. On any individual contract or project, these annual goals may not be met, or may be exceeded, depending upon several factors, such as the availability of qualified MWBE business enterprises, the nature of the project, adverse impact on non-MWBE business enterprise, good faith efforts of contractors or vendors, or other relevant factors. For purposes of determining or satisfying project participation goals, only the participation of minority or woman owned business enterprises located within the Memphis MSA and certified directly by the city or an approved contracted central certification agency will be considered. C. Construction. 1. Construction projects goals setting committee. a. There is hereby established a construction projects goals setting committee ("construction committee"). The membership of this committee will consist of the CCO, serving as chairperson; the city engineer or designee; and the city attorney or designee. b. The construction committee shall establish specific participation goals for each construction project, the cost of which is estimated to be in excess of $100,000.00. Said goals will be individual minority and women business enterprise participation goals, the sum of the individual goals not to exceed 50 percent of the total contract amount for each project. 2. Outreach for construction. For any construction project, the CCO, and, in certain instances, in conjunction with the purchasing agent and the city engineer, will make good faith efforts to promptly notify MWBEs, which are available to provide the needed construction services, of the contracting opportunities. The notification shall advise the MWBEs: a. Of the specific work the city intends to contract; b. That their interest in the project is being solicited; and c. How to obtain request for proposals or invitations to bid or information or specifications on the proposed contract. D. Goods, supplies and nonprofessional services. 1. Goods, supplies and nonprofessional services goals setting committee. a. There is hereby established a construction projects goals setting committee ("goods, supplies and nonprofessional services goal setting committee" or otherwise referred to as "GSNP committee"). The membership of this committee will consist of the CCO, serving as chairperson; the city's purchasing agent or designee; and the city attorney or designee. b. The GSNP committee shall establish specific participation goals for each goods, supplies and nonprofessional services project, the cost of which is estimated to be in excess of $50,000.00. Said goals will be individual minority and women business enterprise participation goals, the sum of the individual goals not to exceed 50 percent of the total contract amount for each project. c. If participation goals are established for a project, the contractor shall provide to the CCO documentation of good faith efforts to achieve said goals in the same manner as provided in section 6-92-4(D) if the participation MWBE goal is not met for approval. 2. Outreach for goods, supplies and nonprofessional services. For all anticipated procurement of goods and nonprofessional services, the CCO, and, in certain instances, in conjunction with the purchasing agent or the soliciting division, will make good faith efforts to promptly identify and notify MWBEs, which are available to provide the needed goods or services, of contracting opportunities. The notification shall advise the MWBEs: a. Of the specific work the city intends to contract; b. That their interest in the project is being solicited; and c. How to obtain request for proposals or invitations to bid or information or specifications on the proposed contract. E. Professional services. 1. Professional services projects goals setting committee. a. There is hereby established a professional services review committee ("professional services review committee"). The committee shall consist of the CCO serving as chairperson, the director of the user division, the director of finance, and the city attorney, or the respective designee of each. b. The professional services committee shall review a professional service project costing $50,000.00 or more to determine which, from the following, is or are the best methods for ensuring MWBE participation. c. If participation goals are established for a project, the contractor shall provide to the CCO documentation of good faith efforts to achieve said goals in the same manner as provided in section 6-92-4(D) if the participation MWBE goal is not met for approval. 2. Outreach for professional services. For all anticipated procurement of professional services, the CCO, and, in certain instances, in conjunction with the purchasing agent and director of the soliciting division, will make good faith efforts to identify and notify MWBEs, which are available to provide the needed services, of the contracting opportunities on an annual basis. Said notification shall advise the MWBEs: a. Of the specific work the city intends to contract; b. That their interest in the project is being solicited; and c. How to obtain request for proposals or invitations to bid or information.

(Ord. No. 5662, § 1(2-327), 11-7-2017)