Revised City of South Bend Disparity Study Report

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VI. RECOMMENDATIONS FOR A MINORITY- AND WOMEN - OWNED BUSINESS ENTERPRISE PROGRAM FOR THE CITY OF SOUTH BEND The quantitative and qualitative data presented in this Study provide a thorough examination of whether minority- and woman -owned business enterprises ("M/ WBEs") operating in the City of South Bend's geographic and procurement markets have full and fair opportunities to compete for its prime contracts and associated sub- contracts. As required by strict scrutiny, we analyzed evidence of such firms' utiliza- tion bythe City as compared to their availability in the market area, as well as business owners' experiences in obtaining City work. We further analyzed M/WBEs' opportuni- ties in the overall South Bend economy. These statistical and anecdotal data provide the evidence necessary to determine whether there is a strong basis in evidence that M/WBEs continue to suffer discrimination in access to City contracts on the basis of race or gender, and if so, what narrowly tailored remedies are appropriate. The Study results support the City's compelling interest in implementing a new race - and gender -conscious M/WBE program. The statistical data and the anecdotal testi- mony provide a sufficient basis for the use of narrowly tailored remedial race- and gender-based measures to ensure equal opportunities for all firms to do business with South Bend. The City has initiated some efforts to level the playing field. These include establishing the position of Diversity & Inclusion Officer, participating in vendor outreach fairs; and providing information on how to conduct business with the City. However, much more could be done. In our judgment, the results of this report provide the constitutionally required information to sustain a new and broad approach to contracting equity and inclusion. The Study's data support the determination that the City has a strong basis in evi- dence to implement a race- and gender -conscious program. The record— both quanti- tative and qualitative—establishes that M/WBEs in several sectors in the City's market area continue to experience significant disparities in their access to City contracts and private sector opportunities and to those factors necessary for business success. 0 2020 Colette Holt & Associates, All Rights Reserved. 93