TITLE
Title
ADOPT 2023 DISPARITY STUDY AND RECOMMENDATIONS
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SPONSOR
Sponsor
Shaunne Thomas (Rodney Strong, Griffin & Strong, PC)
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BACKGROUND
Background
During their January 5, 2022, regular meeting, the Board of Commissioners received a presentation outlining the Disparity Study report findings and recommendations conducted by Griffin & Strong, PC. The Board was also provided with the detailed Disparity Study. The study evaluated Guilford County's contractual awards in construction, goods, services, and architectural and engineering services for a five (5) year period beginning July 1, 2015, through June 30, 2020. The purpose of the 2023 Guilford County MWBE Disparity Study was to determine if disparity exists between the number of MWBE firms available to perform on County contracts and the County’s utilization of those firms, determine if there is a legally defensible basis for the use of race-conscious and gender-conscious measures; and provide data and information that could be used create policy and procedure for the Guilford County MWBE program.
According to existing case law, the following is required in order to continue using race-conscious and gender-conscious measures: statistical data showing disparity, anecdotal evidence of discriminatory barriers, and evidence that a race-neutral and gender-neutral program will not be adequate to eliminate the disparity.
Griffin & Strong, PC demonstrated there is statistical evidence showing disparity, and there is sufficient anecdotal evidence of discriminatory barriers. Griffin & Strong, PC found disparity in all five of the County’s contracting categories: Goods; Construction; Architecture & Engineering, Surveying; Professional Services; and Other Services.
Griffin & Strong, PC concluded that evidence exists to support the County’s use of race-conscious and gender-conscious measures and the continuation of the County’s MWBE Program.
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RESOLUTION
Resolution
WHEREAS the County completed a Disparity Study that concluded that evidence exists to support the County’s use of race-conscious and gender conscious measures; and
WHEREAS the study results were provided to the Board of Commissioners on January 5, 2023; and
WHEREAS the written report included eleven recommendations for advancing the County’s efforts to increase minority business participation in Guilford County contracting by (1) Drafting official MWBE program policy with attached procedural manual, (2) Setting Minority Owned Business Enterprise and Women Owned Business Enterprise contract-by-contract goals, (3) Instituting a sheltered market program, (4) Enhancing contract compliance efforts, (5) Reviewing bonding requirements, (6) Implementing procurement forecasting at 12-18 months prior to solicitation, (7) Improving communication between county, bidders, and potential bidders, (8) Investing in broader and more targeted outreach and supporting services, (9) Requiring joint ventures on large construction projects, (10) Instituting data reform, and (11) Allocating additional resources and staffing; and
WHEREAS the Guilford County Board of Commissioners has already taken action at their January 5, 2023 meeting to support the Minority Women Business Enterprise Program by allocating additional resources and staffing; and
WHEREAS the Guilford County Board of Commissioners will continue to support the Minority Women Business Enterprise Program as it works with the Board and County Administration to implement the recommendations of the study.
NOW, THEREFORE, BE IT RESOLVED that the Guilford County Board of Commissioners hereby adopts the finding of the 2023 Guilford County Disparity Study and directs the County Manager to implement the recommendations of the Disparity Study.
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BUDGET IMPACT
Budget Impact
NO ADDITIONAL COUNTY FUNDS REQUIRED
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REQUESTED ACTION
Requested Action
Adopt a resolution to accept the findings of the 2023 Guilford County Disparity Study conducted by Griffin & Strong, PC and authorize the County Manager to implement the recommendations from the study.
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