§ 2-9D-18. PROGRAM REVIEW.

(A)

The Annual Participation Goals shall be expressed as a cumulative Goal for all groups of Minority Persons composed of annual Subgoals for each group of Minority Persons, and a separate Goal for Women, and such participation Goals shall be set forth in Section 2-9D-3 ( Establishment of Program ). The Annual Participation Goals shall be based on the availability of MBEs and WBEs in the City's Marketplace as required by federal and state laws, and shall be expressed as percentages for each group of Minority Persons and Women under each type of Contract. Project participation Goals and Subgoals may be established based on the availability of certified Firms to perform the work of the Contract. Participation Goals shall be reviewed by SMBR on at least a biennial basis for continued relevance, narrow tailoring, and applicability.

(B)

The city council shall receive an annual report from the City Manager detailing the City's performance under this chapter, department by department, for the preceding fiscal year. The report shall contain the utilization of MBEs and WBEs based on the audited financial records for the preceding fiscal year, and provide the percentages of MBEs and WBEs on the City's list of certified vendors.

(C)

The city council will review this report and the City's progress towards eliminating discrimination in its contracting activities and Marketplace and revise the Program as necessary to meet legal and Program requirements. As new evidence becomes available to the City, the city council may revise this chapter if necessary. Annual Participation Goals and Subgoals may be revised for the balance of the term of the Program if the city council finds that:

(1)

the Program has yet to redress the effects of discrimination in the City's Marketplace against MBEs and WBEs and that in the absence of race- and gender-conscious remedial measures the City would necessarily be a passive participant in a discriminatory marketplace;

(2)

the Goals and Subgoals are narrowly tailored to redress that discrimination; and

(3)

the Goals and Subgoals are in compliance with applicable federal and state laws.

(D)

For ease of Program administration, Solicitations may contain Goals and Subgoals, if applicable, expressed as round numbers, using mathematical rounding principles.

(E)

Based on the size of the Contract, the type of work of the Contract, and the availability of each group of MBEs to perform elements of the work of the Contract, the City may utilize either the cumulative MBE Goal or the Subgoals for each group of Minority Persons in a Contract Solicitation, or set project MBE/WBE participation Goals as provided in Section 2-9D-19 ( Establishment of MBE/WBE Participation Levels for Individual Contracts in Commodities Procurement ).

(F)

These Goals and Subgoals shall be in effect from the effective date of this chapter to the effective date of the chapter containing revised Annual Participation Goals established by city council in accordance with Section 2-9D-18(C) ( Program Review ).

Source: Ord. 20060608-061; Ord. 20081211-063.