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< ,,' ("':"1' b"g i\ tJI"~E' \M;D H\}>l'~i!'."fJ '7' 2013-10 . unU hH~4iJ h a_N~_""'k"%~...~ AN ORDINANCE APPROPRIATING THE SUM OF $200,000 IN THE FY 2012-13 GENERAL FUND FOR THE COST OF A DISPARITY STUDY REGARDING MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES. WHEREAS, Section 12-178 of the Portsmouth City Code provides that "(i)n the solicitation or awarding of contracts, the city shall not discriminate on the basis of race, religion, faith-based organization, color, sex, national origin, age, disability, or any other basis prohibited by state law;" and WHEREAS, while no allegations have been made that the City has discriminated on any such basis in its procurement practices, City Council desires to determine if a significant statistical disparity exists regarding the City's historical usage of minority- and women-owned business enterprises (M/WBE) and to address and eliminate any disparity that may be found to exist; and WHEREAS, federal case law and Virginia Code Section 15.2-965.1 require that, in order to address any perceived disparity, a locality must document an actual statistically significant disparity between the availability and usage of M/WBEs; and WHEREAS, the documentation of a disparity must be accomplished through a valid study of a locality's actual usage of available M/WBEs. NOW THEREFORE BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That it hereby appropriates the sum of $200,000 in the FY 2012-13 General Fund to be used for costs related to obtaining a disparity study of the City's past usage of minority- and women-owned business enterprises. 2. Balance. That the source of said funds is the FY 2012-13 Undesignated Fund 3. $200,000. That estimated revenues in the FY 2012-13 General Fund are increased by 4. That the City Manager, upon consultation with the City Attorney, is hereby authorized and directed to take the necessary steps to prepare and issue a Request for Proposal for an independent person or entity to conduct a legally-sufficient disparity study of the City's past usage of minority- and women-owned business enterprises and to bring the findings and recommendations of such study to City Council for consideration and appropriate action. 5. That this ordinance shall take effect on the date of its adoption.