2509 ORDINANCE NO. b /
AN ORDINANCE TO CREATE A DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM FOR MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE
(MWBE) THAT REQUIRES A MINIMUM OF 15% PARTICIPATION IN ALL
CITY OF WEST MEMPHIS BUILDING & CONSTRUCTION PROJECTS OVER
A HALF A MILLION DOLLARS ($500,000.00),AND FOR OTHER PURPOSES
WHEREAS, MWBE increase the opportunity for minorities or women-owned business
to participate in city -funded projects, the Minority and Women-Owned Business
Enterprise program is a review process designed to ensure that a minority or women-
owned business is owned, controlled and operated by the applicants and meets the
eligibility criteria; and
WHEREAS, MWBE are considered 51 percent minority or women-owned, operated
and managed on a daily basis, and the majority owner(s) are of a designated group as
follows: African-American, Hispanic-American, American Indian, Asian American,
Pacific Islander, Service-Disabled Veteran (includes white males) or female. The
business must have been in operation for at least two (2) years prior to registering with
the City of West Memphis, generate less than $2,000,000 yearly and majority owner must
be a U.S. citizen; and
WHEREAS, all qualified MWBE must have a privilege license with the City of West
Memphis, must have proper state contractor's license, must be properly insured&
bonded over the cost of potential contract portion. The qualifying minority groups are
defined by the United States Small Business Administration pursuant to C.F.R. § 124.103
and the United States Equal Employment Opportunity Commission; and
WHEREAS, If General Contractor is unable to identify qualified MWBE subcontractors
to meet minimum requirements of this ordinance, General contractor may then request a
waiver of the MWBE requirement from the City of West Memphis which will review the
waiver request and grant or deny the request based on the evidence submitted. All
architects and other professionals preparing bid documents for city projects will be
notified of the MWBE requirement; and
WHEREAS,the purpose of this ordinance is to set a standard of fairness. Crittenden
County is a very diverse community consisting of many races, male and female that are
qualified to contribute to the economic vitality and development of this community.
Businesses that create jobs in our community and pay taxes which benefit our community
should also benefit from taxpayer funded projects;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS,ARKANSAS, THAT:
It approves the adoption of a Disadvantaged Business Enterprise (DBE)program
for Minority and Women Owned Business Enterprise (MWBE) for the purpose of
establishing a minimum MWBE participation of 15% in all city funded construction
contracts over $500,000.
PASSED AND APPROVED day of 'Q ' 2019
MARCO McCLENDON, Mayor
ATTEST:
Y1 GRAY, CITYJERK
SPONSORED BY:
RECEIVED
C6 Clerk0 i
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