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R3017RESOLUTION NO. 3017 WHEREAS, the Metropolitan St. Louis Sewer District is fully committed to the utilization of certified Minority and Women Business Enterprises and minority and female workforces in all aspects of its contracting activities to the maximum extent necessary to adequately address its compelling interest in remedying past race and sex based discrimination as it may have existed generally in this geographic area in the past and the corresponding needs and obstacles of minority and women owned businesses to gain greater access to business opportunities within the District’s jurisdiction , and WHEREAS, it is the desire of the Board of Trustees that Minority and Women Business Enterprises and minority and female workforces shall have the maximum opportunity to participate in District projects in a manner consistent with federal and state law; and WHEREAS, the Board of Trustees, the Executive Director and District staff have engaged District stakeholders to solicit their input and suggestions on the means to establish appropriate goals for minority and female participation in all aspects of District projects and to develop a working consensus among stakeholders for implementation of such goals; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, that the Executive Director is hereby delegated full and complete authority to ensure that Minority and Women Business Enterprises (MWBE) and minority and female workforces be afforded maximum opportunity to participate in District construction and professional services projects, including those funded all or in part by the State of Missouri or the Federal Government, in accordance with the established goals as follows: Section One: The District will contract for a disparity study performed by a reputable consultant for the purposes of defining narrowly tailored MWBE contracting and workforce goals for the program. The Board of Trustees will enact appropriate narrowly tailored contracting and workforce goals, as defined by the study, when it is complete. Section Two: In the interim period while the preceding work is being completed, the District program will include the following narrowly tailored goals: a.) The District will develop and implement a program to foster increased employment of certified minorities and women in jobs related to its various design and construction activities. b.) Building construction subcontracting goals for projects over $50,000 shall be revised to 25% certified MBE and 5% certified WBE. Certified Minority or Women owned prime contractors would be allowed to take credit for 5% of the category for which they are certified. c.) Non-Building construction subcontracting goals for projects over $50,000 shall be revised to 25/5% certified MWBE with a goal that at least 7.5% of that subcontracted work being performed by certified MBE subcontractors. Certified Minority or Women owned prime contractors would be allowed to take credit for 5% of the category for which they are certified. d.) Professional services subcontracting goals for projects over $50,000 shall be revised to 25/5% for the combination of all certified MWBE subcontracting Certified Minority or Women owned prime contractors would be allowed to take credit for 15% percentage of the category for which they are certified. e.) Workforce goals of 25% minority and 6.9% women, currently mandated by federal law on District projects receiving federal funds, shall be implemented for all construction projects over $500,000 . f.) Workforce goals for all professional service projects over $500,000 shall be performed by a workforce of 25% minority and 6.9% women, based upon the local office workforce. g.) The program shall include a waiver for contractors and suppliers who make a good faith effort to attain these interim contracting and workforce participation goals but do not succeed. The standards for obtaining such a waiver are set forth in the District’s MWBE Policy. Section Three: The District will continue to develop an improved MWBE program through the use of a stakeholder engagement process. As part of this process, the District will review its program of race and gender neutral measures to improve meaningful participation of minority and female businesses in District projects. This revised program is intended to serve as a model for inclusion efforts throughout the region. Section Four: The staff will report progress of these efforts to the Stakeholders Committee of the Board on a quarterly basis. The implementation of this resolution shall apply to all new construction or professional service contracts whose solicitation process starts after April 1, 2012. The foregoing Resolution was adopted March 8, 2012.