Revised City of South Bend Disparity Study Report

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City of South Bend Disoarity Study 2020 2. Determine the availability of MBEs and WBEs in those scopes as estimated in the Study. 3. Calculate a weighted goal based upon the scopes and the availability of firms. 4. Adjust the resulting percentage based on current market conditions. We urge the City to bid some contracts without goals that it determines have significant opportunities for M/WBE participation. These "control contracts' can illuminate whether certified firms are used or even solicited in the absence of goals. The development of some unremediated markets data, as held bythe courts, will be probative of whether the M/WBE program remains needed to level the playing field for minorities and women. To ensure program integrity and consistency, we suggest that the Law Depart- ment review all contracts with goals. This will ensure that the program is nar- rowly tailored. 2. Program Eligibility The study found that, as a group, M/W BEs continue to suffer disparities in their access to City contracts. We therefore recommend that all racial and eth- nic groups and White women be eligible for participation in the program on a presumptive basis. Program eligibility should be limited to firms that have a business presence in the City's market area, as established by this study. This consists of the State of Indiana and Berrien County, Michigan. The City's new program should accept M/WBE certifications from the State of Indiana, the City of Indianapolis, and the Indiana Unified Certification Pro- gram. To the extent these programs do not collect data on the firm's race and gender ownership and NAICS code(s) the City will have to gather these data from the firms directly. It will be the City's constitutional responsibility, how- ever, to ensure that the certifications it accepts are from narrowly tailored pro- grams with demonstrated integrity. 3. Compliance and Monitoring Policies and Procedures In addition to ensuring that the new M/WBE program sets narrowly tailored goals and eligibility requirements, it is essential that the City adopt contract award and performance standards for program compliance and monitoring that are likewise narrowly tailored and embody best practices. In general, com- pliance and monitoring should include the following elements. 100 © 2020 Colette Holt & Associates, All Rights Reserved.