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[00:00:03]

TODAY IS MONDAY,

[1. CALL TO ORDER ]

FEBRUARY 19TH, 2024.

I WILL NOW CALL THIS, UH, CITY COUNCIL SPECIAL MEETING TO ORDER AT 5 45.

UH, WE DO HAVE A QUORUM OF COUNCIL.

UM, MADAM SECRETARY,

[3. PUBLIC COMMENTS]

ARE THERE ANY PUBLIC COMMENTS? UH, YES WE DO.

UH, VERONICA WEAVER RIVERS.

MS. RIVERS, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND PLEASE ADHERE TO THE THREE MINUTE TIME LIMIT.

GOOD EVENING.

GOOD EVENING, EVERYONE.

GOOD EVENING.

MY NAME IS VERONICA WEAVER RIVERS.

AND MY ADDRESS, MY WORK ADDRESS IS 11 7 5 7 KATY FREEWAY, NUMBER 6 25.

HOUSTON, TEXAS 7 7 0 7 9.

AND I AM HERE TO, WELL, FIRST LET ME JUST SAY GOOD EVENING TO THE HONORABLE REPRESENTATIVES OF CITY OF MISSOURI CITY.

MY NAME IS VERONICA WEAVER RIVERS.

I AM THE LOCAL HOUSTON OFFICE MANAGER AND CLIENT REPRESENTATIVE FOR ENBR ENGINEERING.

WE ARE A SMALL BUSINESS MINORITY, BLACK OWNED, AND WE'VE BEEN IN BUSINESS SINCE 2006.

WE PROVIDE, UM, FULL RANGE TRANSPORTATION SERVICES TO INCLUDE TRANSIT, TRANSPORTATION, GRANT, FUNDING, ADMINISTRATION, AS WELL AS A NICHE SERVICE, WHICH IS ELECTRICAL ENGINEERING SCADA INSTRUMENTATION AND CONTROLS.

I'M VERY HAPPY TO BE HERE WITH YOU ALL TONIGHT, AND I JUST WANNA GIVE YOU ALL A ROUND OF APPLAUSE AND KUDOS ON THE DISPARITY STUDY.

UM, AS A BUSINESS THAT'S IN YOUR COMMUNITY, UH, WE TRY TO KEEP UP WITH EVERYTHING THAT CITY OF MISSOURI CITY IS DOING, AND WE TRY TO SUPPORT EVENTS.

AND SO WHENEVER I SAW THAT YOU ALL WERE HAVING A SPECIAL MEETING ON THE DISPARITY STUDY, I THOUGHT THAT BEING A SMALL REPRESENTATIVE OF A SMALL BLACK-OWNED BUSINESS, I THOUGHT IT WOULD BE VERY APPROPRIATE FOR ME TO JUST SAY THAT WE'RE VERY EXCITED ABOUT, UH, THE FACT THAT YOU'RE EVEN CONSIDERING, UH, THE OUTCOMES AND RECOMMENDATIONS OF A DISPARITY STUDY AS WELL.

WE JUST WANT TO ME, AS A REPRESENTATIVE OF ENBR ENGINEERING, JUST WANT TO EXPRESS OUR EXCITEMENT FOR, UH, POTENTIALLY BEING ABLE TO BE AN ENGINEERING SOLUTION SERVICES PROVIDER FOR CITY OF MISSOURI CITY.

THE REASON WHY I SAY THAT IS BECAUSE BACK IN OCTOBER, I WAS INVITED TO YOUR SMALL BUSINESS FORUM AT THAT SMALL BUSINESS FORUM, I HAD THE OPPORTUNITY TO, UM, MEET STAFF SUCH AS YOUR PROCUREMENT MANAGER.

I MET, UM, MR. SASHI KUMAR'S PUBLIC WORK STAFF.

THERE'S NOT TRA TAKE IT FROM ME.

THERE'S NOT A LOT OF OPPORTUNITIES FOR SMALL BUSINESSES TO GET THAT FACE TIME WITH ORGANIZATIONS AND THOSE LEADERS.

SO WE REALLY APPRECIATED THAT FROM THAT EVENT.

WE WENT THROUGH THE RELATIONSHIP BUILDING PROCESS AND WE'VE HAD A COUPLE OF MEETINGS WITH THE CITY TO SHOW YOU ALL WHAT WE DO.

SO, UM, IN CLOSING, I JUST WANT TO SAY THAT WE'RE ENTHUSIASTIC ABOUT EVERYTHING THAT'S GOING ON IN CITY OF MISSOURI CITY.

WE ACKNOWLEDGE AND RECOGNIZE ALL THE GROWTH THAT IS HAPPENING NOT ONLY IN FORT BEND COUNTY, BUT YOUR BEAUTIFUL CITY.

AND SO ALONG WITH GROWTH COMES SOME CHALLENGES AND WE STAND READY TO HELP YOU, UH, SOLVE THOSE CHALLENGES.

I DID BRING WITH ME SOME PAMPHLETS AND BROCHURES THAT TALK MORE ABOUT WHAT WE DO AS FAR AS OUR ENGINEERING SERVICES AND OUR TRANSPORTATION SOLUTIONS.

SO I BROUGHT EIGHT.

I WAS TRYING TO BRING IT UP FOR EVERYBODY.

I HOPE I HAVE EVERYONE COVERED, BUT THAT CONCLUDES MY COMMENTS AS LONG AS I JUST KNOW WHO TO GIVE OUR STUFF TO.

YES, THANK YOU.

THANK YOU.

YOU CAN GIVE THOSE TO OUR CITY SECRETARY, CRYSTAL ROH.

OKAY.

SHE'LL MAKE SURE THAT WE GET THOSE.

ALL RIGHT.

THANK YOU.

THANK YOU.

ANY OTHER COMMENTS? UH, NO, MADAM MAYOR PROTI, THAT CONCLUDES PUBLIC COMMENTS.

ALRIGHT, THANK YOU.

ALRIGHT, UH, WE WILL NOW GO TO

[4. DISCUSSION/POSSIBLE ACTION]

NUMBER FOUR, DISCUSSION AND POSSIBLE ACTION TO RECEIVE A PRESENTATION AND GIVE DIRECTION TO STAFF ON THE DISPARITY STUDY BY PROPOSED PRESENTER KEVIN COLEMAN, OUR PROCUREMENT MANAGER.

HELLO, CALVIN.

GOOD EVENING.

HOW ARE YOU? GOOD EVENING.

EXCUSE ME.

GOOD EVENING.

MAYOR PROAM CITY COUNCIL.

HI.

AT THIS TIME I WOULD LIKE TO INTRODUCE DR. RAMSEY OF MASON TILLMAN ASSOCIATES, WHO WILL BE FACILITATING THIS EVENING'S PRESENTATION ON A DISPARITY STUDY.

THIS EVENING, CITY COUNCIL IS ONLY RECEIVING THE PRESENTATION DEVELOPED BY MASONS HILLMAN ASSOCIATES.

NO FURTHER ACTION IS REQUIRED UPON DIRECTION OF CITY COUNCIL.

STAFF WILL COME BACK AT A LATER DATE WITH A RECOMMENDATION THAT CITY COUNCIL FORMALLY ADOPT THE DISPARITY STUDY.

SUBSEQUENTLY, STAFF WILL RECOMMEND APPLICABLE POLICY CHANGES TO TO CITY COUNCIL AT THIS TIME.

DR. RAMSEY,

[00:05:08]

GOOD AFTERNOON.

GOOD AFTERNOON.

I HAVE TO, IT IS MY PLEASURE TO BE PRESENT TODAY TO AFFORD YOU AN OPPORTUNITY TO HEAR ABOUT THE WORK THAT YOU COMMISSIONED US TO DO SOME MANY MONTHS AGO.

AND, UH, WITH ME THIS EVENING IS, UH, DONALD O' BANNON, WHO IS OUR LEGAL, UH, ADVISOR, WHO HAS BEEN THE PERSON WHO'S INSURED THAT THE PRODUCT THAT WE HAVE PRODUCED FOR YOU IS LEGALLY SOUND.

AND MR. GOODWILL PIERRE, WHO IS OUR LOCAL SUB-CONSULTANT, WHO MADE SURE THAT THE EARS WERE ON THE GROUND AND THAT ALL PERSONS THAT WISH TO BE HEARD WERE AFFORDED THAT OPPORTUNITY.

SO FOR US, WE ARE VERY FORTUNATE TO HAVE HAD A TEAM AND TO HAVE BEEN ABLE TO PERFORM THIS VERY IMPORTANT STUDY AT A TIME THAT HAS BECOME INCREASINGLY MORE IMPORTANT.

AND DON CAN SPEAK TO THAT IN A MINUTE, THAT HAVING THE TYPES OF DATA THAT YOU COMMISSIONED US TO PERFORM IS ABSOLUTELY ESSENTIAL IF YOU WISH TO HAVE EQUITY IN THE DELIVERY OF YOUR PROCUREMENT SERVICES.

AND SO THIS STUDY WAS COMMISSIONED TO DETERMINE IF MINORITY OWNED AND WOMEN OWNED BUSINESSES HAD PARODY IN THE AWARD OF CONTRACTS THAT THE CITY ISSUED OVER THE PERIOD 2016 TO 2020, UH, IN WHICH WE STUDIED.

AND THESE RESULTS ARE PRESENTED IN A REPORT WHICH HAS BEEN PROVIDED TO YOU, AND IT PRODUCES THE DETAILED FINDINGS AND RECOMMENDATIONS AND MODIFICATIONS TO CITY'S CURRENT PROCUREMENT POLICIES THAT WE BELIEVE IS SUPPORTED BY THE STATISTICAL DATA THAT IS DELIVERED IN THAT REPORT AND MEETS THE STANDARD THAT THE CITY, THE US SUPREME COURT SET FORTH IN ITS DECISION ON THE 23RD OF JANUARY, 1989.

DON IS GOING TO DISCUSS THOSE STANDARDS WITH YOU, AND THEN I WILL DISCUSS THE STUDY FINDINGS.

THANK YOU.

UH, THANK YOU VERY MUCH.

VERY BRIEFLY, UH, THIS IS, THESE STUDIES REALLY ARE GUIDED BY THE CASE LAW AND THEY'RE, UH, FOUNDED ON A 1989 DECISION IN WHICH THE STANDARD OF REVIEW FOR, UH, RACE CONSCIOUS PROGRAMS WAS CHANGED FROM WHAT WAS THEN A REASONABLE BASIS TEST TO STRICT SCRUTINY.

UH, FOR THOSE OF YOU WHO YOU KNOW, UH, HAVE A BACKGROUND IN LAW, STRICT SCRUTINY IS THE MOST RIGOROUS FORM OF SCRUTINY THAT THE COURTS BRING TO BEAR ON, UH, SITUATIONS INVOLVING PROGRAMS SUCH AS THE USE OF RACE.

IT IS THE HIGHEST STANDARD OF SCRUTINY.

UH, WHEN I WAS IN LAW SCHOOL, IT WAS STRICT IN SCRUTINY.

FATAL IN FACT, WAS THE, UH, WAS THE STATEMENT BECAUSE IT WAS VERY DIFFICULT FOR ANY PROGRAM TO SURVIVE THAT TYPE OF RIGOROUS ANALYSIS.

BUT THE SUPREME COURT IN CITY OF RICHMOND B CROSON, UH, ANNOUNCED THE TWO PRONG TEST.

AND THAT TWO-PRONGED TEST IS ONE, IT HAS TO BE A COMPELLING INTEREST.

THAT COMPELLING INTEREST IS ESTABLISHED BY HAVING A STRONG BASIS IN EVIDENCE FOR A RACE-BASED PROGRAM.

HAVING A STRONG BASIS IN EVIDENCE IS GROUNDED AS A PREDICATE IN HAVING A STATISTICALLY SIGNIFICANT DISPARITY BETWEEN UTILIZATION AND AVAILABILITY.

A STATISTICALLY SIGNIFICANT DISPARITY BETWEEN UTILIZATION AND AVAILABILITY.

IF YOU HAVE THAT, THERE IS A REBUTTABLE PRESUMPTION OF DISCRIMINATION AND YOU HAVE ESTABLISHED A COMPELLING INTEREST.

THE SECOND PRONG OF THE TEST IS THAT THE PROGRAM MUST BE NARROWLY TAILORED.

IE THE REMEDIES ARE, ARE, ARE DOCUMENTED AGAINST THE DISCRIMINATION.

IN THE CASE OF CITY OF RICHMOND, UH, THEY HAD ESKIMOS WHO WERE PART OF THE PROGRAM AND THE COURT SAID, NO, YOUR REMEDY IS OVERROAD.

I DON'T KNOW THAT MANY ESKIMOS TRYING TO DO BUSINESS WITH THE CITY OF RICHMOND, AND THEREFORE THEY STRUCK DOWN THAT PROGRAM PORTION AS BEING OVERROAD.

SO IT HAS TO BE NARROWLY TAILORED.

NOW, WHAT DOES THAT MEAN? IT MEANS THAT THE DISPARITY FINDINGS ARE RACE, GENDER, AND INDUSTRY SPECIFIC.

GENDER IS NOT GOVERNED BY CITY OF RICHMOND.

IT'S, UH, COMES UNDER A DIFFERENT STANDARD CALLED INTERMEDIATE SCRUTINY.

BUT WE DO OUR ANALYSIS AT ON THIS, UH, USING OUR PLATFORM FOR RACE-BASED MEASURES.

UH, SOME CO SUBCONTRACT GOALS

[00:10:01]

ARE LIMITED TO ETHNIC AND GENDER GROUPS AND INDUSTRIES WITH DISPARITY FINDINGS AND GOALS ARE DEFINED BY THE AVAILABILITY OF THE ETHNIC AND GENDER GROUPS WITH DISPARITIES IN AN INDUSTRY.

AND AS, UH, MANY OF YOU HAVE PROBABLY READ, UH, THERE WAS A DECISION RECENTLY BY THE SUPREME COURT, UH, STUDENTS FOR FAIR ADMISSION VERSUS HARVARD UNIVERSITY AND UNIVERSITY OF NORTH CAROLINA.

THAT, UH, DECISION WAS NOT A PUBLIC CONTRACTING DECISION, BUT IT WAS AN ANALYSIS OF RACE.

AND THAT, UH, DECISION HAS SPAWNED, UH, SIGNIFICANT LITIGATION NATIONWIDE ON THE USE OF RACE-BASED MEASURES, UH, BOTH WITH THE DBE PROGRAM.

UH, RECENTLY THE CITY OF HOUSTON WAS SUED ON A CASE IN QUOTING IN PART SOME OF THE LANGUAGE FROM THAT STUDENT'S FOR FAIR ADMISSION.

SO YOU ARE, UH, DEFINITELY IN, UH, CHALLENGING TIMES, BUT ALL TIMES GENERALLY ARE CHALLENGING AND WE JUST HAVE TO MEET THAT CHALLENGE.

WITH THAT, I TURN THE MICROPHONE BACK OVER TO DR. RAMSEY.

THANK YOU.

SO DON HAS SOME DISCUSSED WITH YOU IN SOME GENERAL TERMS, THE COMPONENTS OF THIS ANALYSIS.

SO IT IS THE UTILIZATION AND WE STUDIED BOTH THE FORMAL CONTRACTS AND THAT DID NOT REQUIRE ADVERTISING AND INFORMAL CONTRACTS THAT REQUIRE ADVERTISING.

CAN YOU SPEAK, CAN YOU SPEAK CLOSER IN THE MICROPHONE OR MOVE HER MIC UP JUST A LITTLE BIT.

OKAY.

THANK YOU.

IS THAT BETTER? YES.

OKAY.

SO WE STUDIED BOTH FORMAL CONTRACTS THAT REQUIRE PUBLIC ADVERTISING AND INFORMAL CONTRACTS.

SO THERE ARE TWO LEVELS, UH, ON WHICH, UH, THIS ANALYSIS WAS PERFORMED.

AND WE ALSO STUDIED SUBCONTRACTS, THOSE CONTRACTS THAT YOUR PRIME CONTRACTORS AWARDED DURING THE STUDY PERIOD.

AND THE AVAILABILITY, WHICH IS SOME REFERRED TO AS THE ACHILLES HEEL, IS A STANDARD THAT REQUIRES AN EXAMINATION OF BUSINESSES IN YOUR MARKETPLACE THAT ARE BOTH WILLING AND ABLE TO PERFORM THE STUDY.

AND WE USE FIVE DIFFERENT FACTORS IN AN EFFORT TO ASSESS THE CAPACITY OR ABILITY OF THOSE BUSINESSES THAT WE'VE ENUMERATED.

SO WE'VE BEEN VERY, VERY CONSCIENTIOUS AND VERY THOROUGH IN OUR ANALYSIS TO ESTABLISH THAT THE BUSINESSES THAT WE USED IN OUR STATISTICAL ANALYSIS WERE IN FACT, UM, BUSINESSES THAT HAD THE CAPACITY TO PERFORM YOUR CONTRACTS AND RECOGNIZING THAT YOU HAD BOTH LARGE AND SMALL CONTRACTS.

AND AS I WILL SHARE WITH YOU IN A MOMENT, WE ACTUALLY PUT A CAP ON THE SIZE OF THE LARGE CONTRACTS THAT WE ANALYZED IN AN EFFORT TO ENSURE THAT THE CAPACITY HAD BEEN MET.

AND ONCE WE HAD IDENTIFIED ALL OF YOUR PRIME CONTRACTS SEPARATE, UH, RESEARCH TO IDENTIFY THE SUBCONTRACTS, THEN WE TOOK THOSE TWO GROUPS OF CONTRACTS DIVIDED THE INTO, UH, THE PRIME CONTRACTS INTO FORMAL AND INFORMAL.

AND WE COMPARED THAT TO THE BUSINESSES THAT WERE WILLING AND ABLE TO DO BUSINESS FOR YOU.

AND SO ALL OF THE CONTRACTORS THAT WE IDENTIFIED AS HAVING THE WILLINGNESS AND CAPACITY WERE COMPARED TO YOUR PRIME CONTRACTS.

AND THEN FOR THE SUBCONTRACTS, WE USED THE BUSINESSES AS AVAILABLE, THOSE WHO IN FACT HAD RECEIVED A SUBCONTRACT AND THOSE BUSINESSES WHO WERE, HAD RECEIVED A FORMAL CONTRACT, BUT THE TYPE OF SERVICES THAT YOUR SUBCONTRACTORS PERFORM.

SO IT WAS A MORE NARROW, UH, SLICE OF THE AVAILABILITY POOL AND THEN THAT WAS COMPARED.

AND THE STANDARD IS THAT THE ACTUAL DOLLARS SPENT WITH EACH GROUP IN EACH INDUSTRY SHOULD BE EQUAL TO THE AVAILABILITY OF EACH GROUP IN EACH INDUSTRY.

AND THAT'S PARODY ABSENCE OF PARODY FOR WOMEN.

IF THERE'S UNDER UTILIZATION THAT THE COURT SAID IS SUFFICIENT, BECAUSE WOMEN WERE NOT UNDER CONSIDERATION IN CROWSON.

AND SO THE INTERMEDIATE LEGAL STANDARD IS APPLIED THERE.

AND SO FOR THOSE WOMEN, UH, FEMALE GROUPS THAT WERE UNDERUTILIZED, THEY ARE RECOMMENDED TO BE INCLUDED IN A PROGRAM THAT WE THINK YOU SHOULD CONSIDER.

AND FOR MINORITY BUSINESSES, THEY HAD TO BE STATISTICALLY SIGNIFICANT.

THEREFORE, THEIR UNDER UTILIZATION FINDING NEEDED TO BE A CONFIDENCE LEVEL OF 95%.

AND SO WE HAD A HIGH STANDARD THAT WE APPLIED TO THAT CONSISTENT WITH WHAT THE COURT HAS REQUIRED.

WE ALSO, THE THIRD PRONG OF A DISPARITY STUDY IS SET FORTH IN THE COURT'S DECISION IS ANECDOTAL, ANECDOTAL EVIDENCE, THOSE PERCEPTIONS OF THE BUSINESS COMMUNITY ABOUT CONDITIONS

[00:15:01]

UNDER WHICH THEY MUST ENGAGE IN ORDER TO DO BUSINESS WITH THE CITY.

AND SO THAT DATA SHEDS LIGHT ON THE FINDINGS.

IT IS USEFUL FOR MAKING RECOMMENDATIONS, BUT IT WAS NOT USED IN MAKING A STATISTICAL FINDING OF DISPARITY.

THERE WERE, UM, IN OUR ANALYSIS, ETHNIC AND GENDER GROUPS, AFRICAN AMERICANS, ASIAN AMERICANS, HISPANIC AMERICANS, NATIVE AMERICANS AND CAUCASIAN FEMALES, MINORITY FEMALES, AND WHAT WE CALL NON-MINORITY MALES, WHICH WOULD INCLUDE ALL OTHER GROUPS OUTSIDE OF THAT.

AND THEN WE STUDIED YOUR CONSTRUCTION CONTRACTS, THE, UH, PROFESSIONAL SERVICES AND GOODS AND SERVICES.

AND SO TO THE END OF THE ANALYSIS, WHAT LOOKING AGAIN FOR PARITY, WHAT YOU ARE ABLE TO SEE HERE IN RED ARE THOSE GROUPS IN THOSE INDUSTRIES IN WHICH THE USE WAS LESS THAN THE AVAILABILITY.

AND THAT DIFFERENCE WAS STATISTICALLY SIGNIFICANT.

AND I NOTE HERE THAT WE ARE TALKING ABOUT INFORMAL CONTRACTS, $50,000 OR LESS.

VIRTUALLY THE SMALL CONTRACTS WHERE MANAGERS CAN MAKE DECISIONS BY CALLING AND SOLICITING BIDS FROM COMPANIES.

IT'S DOES NOT REQUIRE PUBLIC ADVERTISING.

AND SO YOU CAN SEE AFRICAN AMERICANS, HISPANIC AMERICANS IN CONSTRUCTION WERE UNDERUTILIZED AND THAT UNDERUTILIZATION WAS STATISTICALLY SIGNIFICANT.

AND I CALL YOUR ATTENTION TO COLUMN FIVE BECAUSE THAT REPRESENTS THE DOLLARS THAT THAT GROUP WOULD HAVE RECEIVED HAD THERE BEEN PARODY IN THE AWARD OF CONTRACTS.

PROFESSIONAL SERVICES, YOU HAVE AN ADDITIONAL, UH, GROUP.

ASIANS ARE ALSO UNDERUTILIZED AT A STATISTICALLY SIGNIFICANT LEVEL.

AND IN THE AWARD OF INFORMAL GOODS AND SERVICES, THE SAME GROUPS PLUS CAUCASIAN WOMEN ARE UNDERUTILIZED.

AND THAT UNDER UTILIZATION IS STATISTICALLY SIGNIFICANT.

PRIME CONTRACTS BECAUSE OF OUR CONCERN AND THE RECOGNITION THAT THE ISSUE OF CAPACITY IS A MATTER OF SIGNIFICANCE IN THE, IN THE LAW THAT WE HAVE PUT A CEILING ON THE SIZE OF THE PRIME CONTRACTS WE HAVE ANALYZED.

AND THAT CEILING IS DEFINED BY A STATISTICAL TEST THAT'S APPLIED TO THE DATA.

BUT EFFECTIVELY WHAT IT HAS DONE IS TAKING OUT OF THE ANALYSIS THOSE CONTRACTS THAT WE WOULD CALL OUTLIERS, THE EXTRAORDINARILY LARGE CONTRACTS THAT IF THEY WERE LEFT IN THE DISPARITY ANALYSIS WOULD HAVE SKEWED THE DATA.

AND SO WITH THAT DECISION HAVING BEEN MADE, WE HAVE THREE DIFFERENT THRESHOLDS, WHICH IS A FUNCTION OF THE SIZE OF THE, AND THE NUMBER OF, UH, OUTLIERS THAT HAD TO BE REMOVED FROM THE ANALYSIS.

AND SO IN SO DOING, YOU'RE NOW LIMITING THE CAPACITY NEEDED TO PERFORM THE CONTRACTS.

AND AGAIN, YOU CAN SEE WITH THE RED THE GROUPS THAT HAD A STATISTICALLY SIGNIFICANT UNDER UTILIZATION.

SO FOR CONSTRUCTION, AFRICAN AMERICANS AND CAUCASIAN FEMALES LOST DOLLARS BECAUSE THEY DID NOT HAVE PARITY IN THE AWARD OF CONTRACTS, THAT SAME GROUP AND PROFESSIONAL SERVICES AND GOODS AND SERVICES.

YOU ALSO HAVE, UH, HISPANIC AMERICANS WERE UNDERUTILIZED AT A STATISTICALLY SIGNIFICANT LEVEL.

AND SO THAT'S THE FINDING ON THE PRIME CONTRACTS.

ON THE SUBCONTRACTS, WE ANALYZE SUBCONTRACTS AT TWO DIFFERENT INDUSTRIES.

GOODS AND SERVICES ARE VERY ELUSIVE AND VERY DIFFICULT TO IDENTIFY SUBCONTRACTING OPPORTUNITIES.

AND SO THE ANALYSIS IS LIMITED TO JUST CONSTRUCTION AND PROFESSIONAL SERVICES.

AND AGAIN, YOU CAN SEE IN CONSTRUCTION THERE ARE THREE GROUPS THAT WERE UNDERUTILIZED AT A STATISTICALLY SIGNIFICANT LEVEL.

AND IN COLUMN FIVE, YOU CAN SEE AGAIN THE DOLLARS THAT THOSE GROUPS LOST.

HAD THEY BEEN PARODY IN THE AWARD OF CONTRACTS, THEY WOULD HAVE HAD MORE DOLLARS RECEIVED BY THOSE UH, GROUPS.

AND IN PROFESSIONAL SERVICES, YOU HAVE AFRICAN AMERICANS AND PROFESSIONAL SERVICES, AGAIN, STATISTICALLY SIGNIFICANT UNDER UTILIZATION.

SO WITH THESE FINDINGS AND WITH THE INPUT FROM THE ANECDOTAL INFORMATION AND ON OUR ASSESSMENT OF BEST PRACTICES IN THE PROCUREMENT PUBLIC CONTRACTING, WE OFFER YOU A NUMBER OF RECOMMENDATIONS FOR YOUR CONSIDERATION.

AND THE NUMBER ONE WE ARE RECOMMENDING GIVEN THE FACTS, STATISTICAL EVIDENCE BASED ON THE NARROW TAILORED FINDINGS THAT YOU, UH, CONSIDER ESTABLISHING A MINORITY WOMEN-OWNED BUSINESS PROGRAM.

ONE THAT WOULD ENABLE YOU TO GIVE BID DISCOUNTS ON THE PRIME CONTRACTS AND THEY WOULD APPLY TO

[00:20:01]

CONSTRUCTION AND GOODS AND SERVICES.

AND, UM, IF SO DOING, YOU WOULD SET A DOLLAR THRESHOLD THAT WOULD REDUCE THE BID TO OFFSET THE DISADVANTAGE THAT WAS DOCUMENTED IN THIS DISPARITY TO THOSE GROUPS ADVERSELY AFFECTED BY THOSE CONDITIONS.

AND ALSO IF YOU DID THAT AND ESTABLISHED SUCH A PROGRAM THAT YOU WANT TO REQUIRE GOAL ATTAINMENT AND BID OPENING AS OPPOSED TO ALLOWING A BID TO BE SUBMITTED AND THEN ASKING THE PRIME CONTRACTOR FOR GOAL ATTAINMENT.

SO THE INTEGRITY OF THEIR PROGRAM IS VERY IMPORTANT IF YOU SHOULD CHOOSE TO DO THAT.

YOU ALSO ARE OBLIGATED BY LAW TO HAVE OPTIONS FOR GOOD FAITH EFFORT IN THE EV EVENT THAT THE CONDITIONS ARE SUCH THAT A PRIME CONTRACTOR CANNOT MEET THE GOAL BECAUSE THE FIRMS ARE NOT AVAILABLE.

AND THAT SHOULD BE A QUANTIFIED SET OF STANDARDS, WHICH WE'VE SET FORWARD, UH, FORTH IN THE REPORT FOR YOUR CONSIDERATION.

WE ALSO, THE FINDINGS FOR SUBCONTRACTS THAT YOU SHOULD CONSIDER HAVING SUBCONTRACT GOALS APPLY TO THOSE PRIME CONTRACTS AND, UH, HAVE THOSE GOALS LIMITED OR BE NARROWLY TAILORED FOR THOSE GROUPS THAT HAD A STATISTICALLY SIGNIFICANT DISPARITY, YOU WOULD NEED TO HAVE A CERTIFICATION STANDARD THAT WOULD DETERMINE BUSINESSES ELIGIBLE TO PARTICIPATE.

AND SUGGESTING THAT YOU CONSIDER USING THE LOCAL RESOURCES THAT ARE AVAILABLE, RATHER THAN ESTABLISHING A CERTIFICATION PROGRAM THAT YOU WOULD HAVE TO OPERATE, THERE ARE A NUMBER OF THEM IN THE REGION THAT YOU COULD USE AND ACCEPT THEIR CERTIFICATIONS.

SO IN THE EVENT THAT YOU DO ESTABLISH A-M-W-B-E PROGRAM AND YOU HAD SUBCONTRACTING GOALS, IT IS IMPORTANT NOT ONLY THAT THE GOALS, THE USE UTILIZE SUBS BE LISTED IN THE BID AND PROPOSAL, BUT THAT YOU VERIFY THAT THOSE SUBCONTRACTORS CAN PERFORM A COMMERCIALLY USEFUL FUNCTION THAT THEY'RE LISTED TO INSTALL REBAR AND THAT THEY HAVE THE CAPACITY AND THAT ARE ENGAGED IN THE, THE, UH, INSTALLATION OF REBA.

SO YOU WANNA MAKE SURE THAT, AGAIN, YOUR PROGRAM HAS INTEGRITY.

YOU WANT TO REQUIRE ANY FIRMS THAT ARE UTILIZED, UH, LISTED IN THE BID THAT THEY ACTUALLY GET TO PERFORM THE WORK DURING THE LIFE OF THE CONTRACT.

AND SO HAVING FORMAL SUBSTITUTION REQUIREMENTS WHERE THE PRIME CONTRACTOR HAS TO IN FACT GET YOUR APPROVAL BEFORE MOVING FORWARD WITH SELF-PERFORMING THE WORK OR USING ANOTHER CONSULTANT.

AND IT'S IMPORTANT TO HAVE THAT.

YOU ALSO WANNA HAVE PENALTIES FOR NONCOMPLIANCE AND YOU WANT TO ENSURE THAT PRIME CONTRACTORS ARE NOT PERMITTED IN SUBMITTING THEIR BIDS TO TELL SUBCONTRACTORS THAT THEY WILL LIST THEM, BUT THEY HAVE TO WORK FOR THAT PRIME EXCLUSIVELY.

AND THAT LIMITS THE OPPORTUNITY.

AND THAT'S A PRACTICE THAT'S PRETTY PERVASIVE THAT THE PRIME WILL TELL THE SUB, I WILL LIST YOU, BUT ONLY IF YOU AGREE TO NOT LIST WITH ANY OTHER A BIDDER AND YOU WANT TO ENSURE THAT YOU HAVE DIVERSITY ON THE EVALUATION COMMITTEES.

IT IS OUR EXPERIENCE AND OUR ASSESSMENT GIVEN THE DATA THAT ONE OF THE REASONS THAT YOU HAVE THE DISPARITY ON THE PROFESSIONAL SERVICE SIDE IS THAT YOUR COM, YOUR EVALUATION COMMITTEES ARE NOT SENSITIVE TO THE OBJECTIVE OF ENSURING PARITY AND ENCOURAGING BUSINESSES TO ONE PARTICIPATE AND AFFORDING THEM AN OPPORTUNITY TO BE CONSIDERED FAIRLY IN THAT PROCESS.

SO YOU HAVE A SMALL BUSINESS ADVISORY COMMITTEE, WE SUGGEST THAT YOU EMPOWER IT, EXPAND IT, AND HAVE IT SERVE TO ASSIST YOU IN ANY PROGRAMMATIC CHANGES THAT YOU DETERMINE SHOULD BE APPROPRIATE.

AND TO PRODUCE QUARTERLY AND MINORITY WOMEN BUSINESS ENTERPRISE REPORT SO THAT YOU CAN SHARE, BE SHARED WITH YOU BY THE PRIME AND GIVING THE INFORMATION TO THE CITY AND YOUR MANAGERS, TO YOU AND TO THE PUBLIC TO ENSURE THAT THAT PROGRESS THAT'S BEING MADE AND THE ACTUAL PERFORMANCE IS BEING REPORTED.

AND WITH A NEW PROGRAM OR ANY AMENDMENTS TO WHAT YOU CURRENTLY HAVE, IT'S IMPORTANT TO LET THE BUSINESS COMMUNITY KNOW OF THE CHANGES.

AND SO WE SUGGEST THAT YOU MARKET YOUR PROGRESS AND YOUR PROGRAM TO THE PUBLIC AND TO ESTABLISH ALSO A SERVICE DISABLED VETERAN-OWNED BUSINESS PROGRAM.

IT IS A PROGRAM THAT IS NATIONALLY BEING EMPLOYED IN MANY JURISDICTIONS BY AGENCIES

[00:25:01]

HERE IN YOUR REGION.

AND WE THINK IT IS A, AN APPROPRIATE, UH, SERVICE TO PROVIDE TO OUR SERVICE DISABLED VETERANS TO ACTUALLY HAVE A PROGRAM WITH GOALS AND WITH EXPECTATION AND REQUIREMENTS FOR THE PARTICIPATION.

AND WE THINK TOO, A BEST MANAGEMENT PRACTICE IS TO INCREASE THE LEAD TIME GIVEN YOUR VENDORS, VENDORS THAT HAVE A RELATIONSHIP WITH THE CITY FIND IT MUCH EASIER TO PREPARE A PROPOSAL OR A BID IN SHORT TERM BECAUSE THEY KNOW THE PLAYERS AND KNOW WHAT YOUR EXPECTATIONS ARE.

BUT YOU REALLY NEED TO CONSIDER MAKING THAT LEAD TIME ADEQUATE FOR ALL VENDORS TO BE ABLE TO PREPARE A RESPONSIVE PROPOSAL.

AND AGAIN, SUBSTITUTIONS ESTABLISH A DISPUTE RESOLUTION STANDARD SO THAT YOUR SUBCONTRACTORS IN DEALING WITH THEIR PRIMES HAVE A FORMAL METHOD TO RAISE ISSUES AS WELL AS THE PRIME TO RAISE ISSUES WITH THE CITY.

AND CERTAINLY AS YOU MOVE FORWARD AND DIVERSIFY YOUR PRIME CONTRACTOR BASE, YOU WILL HAVE CONTRACTORS ENTERING INTO CONTRACTING WITH YOU THAT HAVE NO FORMAL RELATIONSHIP WITH YOU OR YOUR MANAGERS.

AND THEY DO NEED TO HAVE AN AVENUE TO EXPRESS THEIR CONCERN AND TO BE ABLE TO GET A TIMELY RESPONSE.

AND WE THINK THAT THERE'S A LOT OF SAVINGS, COST SAVINGS IF YOU PUBLISH YOUR PAYMENTS TO YOUR PRIMES.

PRIMES DON'T HAVE TO CALL YOU TO ASK IF THEY HAVE, UH, WHEN THEIR PAYMENT IS FORTHCOMING, AND THE SUBS WILL KNOW WHEN THEIR PRIMES HAVE BEEN PAID.

AND WE THINK, AGAIN, IT'S A GOOD, UH, PRACTICE TO DO.

SO THE STATE HAS SOME PROMPT, PROMPT PAYMENT PROVISIONS AND WE THINK THEY SHOULD BE INCORPORATED IN YOUR PROCUREMENT, UH, PROCESS AS WELL.

AND THEN TO HAVE REPORTING OF SUBCONTRACTORS ON A QUARTERLY BASIS TO PROVIDE DEBRIEFING SESSIONS FOR YOUR UNSUCCESSFUL BIDDERS SO THEY CAN BETTER UNDERSTAND.

AND THOSE ARE DEBRIEFING SESSIONS WHERE THE INFORMATION FROM THE EVALUATION PANEL SHOULD BE READILY AVAILABLE TO BUSINESSES AS WELL AS THE SCORES THAT WERE ISSUED.

AND THEN TO, WE DO HAVE ABOUT 10 MINUTES LEFT, SO ALL RIGHT.

I'M GONNA ASK THAT YOU, 'CAUSE THIS REPORT IS FOR INFORMATION PURPOSES.

WE HAVE A, UH, SIX 30 COUNCIL MEETING.

OKAY.

AND WE DO HAVE AN EXECUTIVE SESSION.

SO IF YOU CAN, UM, JUST KIND OF, UH, GET TO THE END.

I HAVE IT.

THANK YOU VERY MUCH.

AS LONG AS YOU DON'T PUSH THE BUTTON ON ME, I'LL BRING IT DOWN.

NOBODY PUSHED .

THANK YOU.

SO LET ME CLOSE BY SAYING THAT, UH, WE THINK THERE'S SOME NEXT STEPS.

AND MR. COLEMAN HAS ALREADY INDICATED, UH, THE INTENT TO BRING FORWARD TO THE CITY COUNCIL IF IT IS YOUR PLEASURE, UH, THE STUDY FOR ADOPTION.

AND THEN THIS NEXT STEP WOULD BE TO DRAFT ORDINANCE FOR THE PROGRAM THAT YOU DEEMED TO BE APPROPRIATE AND TO THEN MOVE TO STAFF, THE DEPARTMENT AND TO MARKET THE PROGRAMS TO AFFORD THE BUSINESS COMMUNITY AN OPPORTUNITY TO BENEFIT FROM THE KIND OF CONTRACTS THAT YOU HAVE AND THE WILLINGNESS TO ENGAGE IN THEN CREATE A MORE DIVERSE BUSINESS COMMUNITY.

AND I THANK YOU FOR, AGAIN, THE OPPORTUNITY TO PERFORM THIS STUDY AND TO BRING OUR FINDINGS TO YOU THIS EVENING.

AND WITH THAT, I WILL PUT THE MIC DOWN.

THANK YOU.

UM, I DON'T SEE ANYONE IN THE I HAVE ONE.

OKAY.

I SEE.

UM, RECOGNIZING COUNCIL MEMBER IN THE NEXT PRESENTATION THAT YOU BRING BEFORE US, CAN YOU PROVIDE SOME COMPARATIVE DATA? LIKE HOW DO WE LOOK, UH, COMPARED TO MAYBE THE COUNTY OR OTHER CITIES? UH, 'CAUSE SOME OF THOSE NUMBERS STOOD OUT A LOT, BUT I'D LIKE TO KNOW KIND OF WHERE THE BASELINE IS AND HOW WE COMPARE TO OTHER CITIES.

OKAY.

I MIGHT SAY TO YOU, WE'VE DONE NOW 165 STUDIES AROUND THE COUNTRY FROM NEW YORK CITY TO CITY OF HOUSTON.

THIS PATTERN IS FAIRLY CONSISTENT ACROSS THE COUNTRY, BUT WE COULD CERTAINLY COME TO YOU WITH A MORE REGIONAL APPROACH FOR THE KNOWLEDGE THAT WE HAVE.

YES.

RECOGNIZING COUNCIL MEMBER BONY, I HAVE A PRETTY LENGTHY, UH, SOME COMMENTS, BUT I DO WANTED TO SAY, FIRST OF ALL, THANK, UH, YOU KNOW, GOODWILL PIERRE AND THE TEAM AT, UH, MASON TILLMAN ASSOCIATES FOR YOUR, UH, YOUR WORK AND ASSISTING US WITH THIS FIRST EVER, UH, DISPARITY STUDY IN MISSOURI CITY'S HISTORY.

UH, AND ALSO FOR HOSTING THOSE TWO VIRTUAL MM-HMM.

, UH, COMMUNITY MEETINGS.

THANK YOU, UH, TO EXPLAIN THAT THE, THE, THE METHODOLOGY ON THE DISPARITY STUDY.

I ALSO WANT TO, UH, THANK ELENA PORTES, UH, DURING HER TIME AS NOW A CM BUT SHE ALSO STARTED ON THIS AS SHE WAS FINANCE DIRECTOR.

YES.

UH, AND WORKING WITH, UH, MASON TILLMAN TO BRING THIS TO FRUITION.

UM, I JUST WANTED TO SHARE A FEW THINGS.

THIS IS ONE OF THE, THE MANY EFFORTS I I'VE BEEN PASSIONATE ABOUT.

EVEN BEFORE I BECAME A COUNCIL MEMBER IN 2017, I FOLLOWED

[00:30:01]

THE CITY COUNCIL'S CONVERSATION AROUND THE FIRST EVER SMALL BUSINESS POLICY THAT WENT INTO EFFECT IN 2014.

AND EVEN AT THAT TIME, I FELT LIKE IT REALLY DIDN'T HAVE ANY TEETH IN IT.

UM, THERE WERE RECOMMENDATIONS AT THAT TIME MADE BY A GENTLEMAN BY THE NAME OF AC PHILLIPS WITH A COMPANY CALLED AO PHILLIPS WHO DID, UH, WHO HE WAS CONTRACTED TO DO A STUDY, UH, TO LOOK AT A POTENTIAL SMALL BUSINESS POLICY HERE IN MISSOURI CITY.

AND WHEN HE, HE CAME FORTH WITH HIS RECOMMENDATIONS, UH, TO THE, TO THE COUNCIL AT THAT TIME AND, AND TO THE CITY, UH, THOSE RECOMMENDATIONS WERE NOT EVEN, YOU KNOW, ADHERED TO.

I MEAN, THEY KIND OF JUST GOT JETTISON AND IGNORED.

AND SO WE LANDED ON SOMETHING WHICH AGAIN, HAS NOT MOVED THE NEEDLE AT ALL, WHERE WE ONLY GIVE FIVE POINTS TO, UH, SMALL BUSINESSES DOMICILED IN THE CITY OF MISSOURI CITY.

OR IF YOU ARE A SUB, UH, A PRIME CONTRACTOR, IF YOU GIVE YOUR GOOD FAITH EFFORT TO TRY TO SUBCONTRACT WITH A SMALL BUSINESS OR ONE OR MORE SMALL BUSINESSES THAT ARE DOMICILED IN THE CITY OF MISSOURI CITY.

UH, AND I WOULD VENTURE TO SAY THAT, UH, FIRST OF ALL, MANY OF THE PEOPLE THAT ARE GETTING THESE CONTRACTS ARE NOT IN MISSOURI CITY PROPER.

UH, AND SO IT WOULD NOT BE APPLICABLE TO THEM.

BUT YET WE'RE CONSTANTLY GIVING CONTRACTS OVER AND OVER AND OVER AGAIN.

SO THIS D THIS DATA'S NOT, UH, SURPRISING TO ME.

AND, UH, I'M HAPPY THAT, UH, THE INTERIM CITY MANAGER AT THE TIME, UH, BILL ATKINSON, UH, YOU KNOW, LISTENED TO MY, MY PLEA FOR US TO UTILIZE DOLLARS, PARTICULARLY DOLLARS AT THAT TIME THAT WERE, UM, COMING FROM ARPA, AMERICAN RESCUE PLAN ACT TO DO THIS DISPARITY STUDY 'CAUSE IT ALLOWED FOR THAT.

UM, BUT I FEEL LIKE THE, THE CITY MISSED OUT ON A GRAND OPPORTUNITY AT THAT TIME TO REALLY MOVE THE NEEDLE 10 YEARS LATER.

AND THAT WAS 2014.

NOW WE'RE IN 2024 AND WE SEE THAT THIS DISPARITY EXISTS.

AND SO, UM, YOU KNOW, I JUST REALLY FEEL LIKE, YOU KNOW, THIS IS A GREAT OPPORTUNITY FOR US TO, UM, YOU KNOW, TRY TO, TO CORRECT, UH, THINGS AND MOVE US FORWARD IN A POSITIVE WAY.

UH, WE HAVE THE DATA, WE HAVE IT, UH, IN AS CLEAR AS DAY, UH, WE HAD TO DO THIS DISPARITY STUDY TO ASSESS THE MWBE PARTICIPATION ON THE CITY'S CONTRACTS AND EVALUATE THE CITY'S POLICIES TO ENSURE MWBE PARTICIPATION AND ENSURE THAT ALL FIRMS HAVE EQUAL, UM, ACCESS TO CONTRACTING OPPORTUNITIES WITHIN THE CITY.

I'D ALSO LIKE TO GIVE A PRACTICAL EXAMPLE OF HOW THIS DISPARITY STUDY CAN ALSO HELP THE CITY'S ACCESS, UH, TO ADDITIONAL FUNDING FOR CERTAIN PROJECTS.

THERE ARE CERTAIN PROJECTS WHERE TEXDOT, UH, WILL PROVIDE A FUNDING MATCH AND FUND A MAJOR SHARE OF THESE PROJECTS.

HOWEVER, UNDER A NEW REQUIREMENT, UH, TO RECEIVE TEX FUNDS, THE CITY OF MISSOURI CITY WOULD HAVE TO HAVE A DISPARITY STUDY CONDUCTED, WHICH WE NOW HAVE.

UH, AND BECAUSE OF THAT, WE'RE POTENTIALLY ABLE TO NOW TO TAP INTO ANY TEX FUNDS FOR THOSE PROJECTS OR ANY OTHER TEXDOT RELATED PROPERTIES.

UH, AND SO, EXCUSE ME, PROJECTS, THAT'S JUST ONE EXAMPLE OF WHY THIS WAS VERY IMPORTANT FOR US TO DO.

BUT THE OTHER IS ENSURING THAT WE ARE BEING FAIR AND EQUITABLE WITH TAXPAYER DOLLARS AS WE NOW HAVE THE EMPIRICAL DATA TO DEFINITIVELY MAKE SURE OUR DECISION MAKING IS FAIR AND EQUITABLE.

SO AGAIN, I'M HAPPY TO SEE THIS FINALLY COME, UH, TO FRUITION.

UM, NOT, UH, SURPRISED AGAIN BY THE DATA, BUT I'M HOPEFUL THAT WE ACCEPT THE STUDY, UH, AS PRESENTED, UH, OR WHEN IT COMES BACK AND FORTH, AND GIVE STAFF, UH, THE ABILITY TO ADDRESS THE SIGNIFICANT DISPARITY THAT WE NOW BASED ON THAT EMPIRICAL DATA KNOW EXISTS.

THANK YOU.

THANK YOU.

RECOGNIZING COUNCIL MEMBER EMERY.

YES, I HAD A QUESTION.

UH, WHEN WE LOOK AT THE, UH, TIME PERIOD, UH, THAT WAS USED, THE DATA FROM 2016 TO 2020, I GUESS MY QUESTION, UH, TO OUR, UH, UH, CITY STAFF, CITY MANAGER IS, WOULD THAT BE, UH, UH, EQUITABLE TO ANY OF THE ACTIVITY THAT'S HAPPENED BETWEEN 2020 AND 2022? SO, I MEAN, ARE WE GOING TO, ARE WE LOOKING AT BASICALLY THE SAME, UH, TYPE OF DATA AND THE, UH, THE CHARACTERISTICS OF THAT DATA TO CREATE THE, UH, DISPARITY STUDY? I WOULD SAY THAT I'M NOT IN A POSITION TO ANSWER THAT QUESTION TONIGHT.

'CAUSE I'M NOT SURE WHAT ALL DATA IS IN THE REPORT.

I HAVEN'T HAD A CHANCE TO, TO FULLY ABSORB THE REPORT, BUT, UM, WE CAN GET BACK A RESPONSE TO YOU ON THAT AT A, AT A LATER FORM.

OKAY.

WELL, I, I, I JUST WANNA MAKE SURE THAT, YOU KNOW, THAT, UH, WE'RE LOOKING AT, AT THE MOST CURRENT DATA THAT WE HAVE, AND I KNOW THAT YOU HAVE TO HAVE A, YOU KNOW, A A, UH, UH, MEASURING PERIOD AND, UH, UH, IN THIS CASE IT WAS 2020, SO I JUST WANT TO MAKE SURE THAT WE, UH, WE'RE NOT MISSING ANYTHING, UH, FROM THE ACTIVITY FROM 2020 TO 2022 THAT MIGHT HAVE AN IMPACT ON THE RESULTS OF THE STUDY.

WE, WE WOULD DEFINITELY, UM, ENSURE THAT WE'RE LOOKING AT CURRENT DATA, BUT

[00:35:01]

I CAN ALMOST TELL YOU JUST BASED FROM EXPERIENCE, NORMALLY WHEN YOU SEE THOSE TYPES OF STUDIES, IT'S, IT'S BEEN A PATTERN AND IT CONTINUES TO BE, UNLESS THERE WERE SIGNIFICANT CHANGES THAT WERE MADE FROM THE TIME THEY STARTED THEIR ASSESSMENT TO NOW, THEN THAT'S GONNA BE THE, THE SAME PATTERN THAT I WOULD EXPECT WITH ANYTHING WE LOOK AT.

OKAY.

UH, THE OTHER QUESTION WAS, UH, UH, WE HAVE, UH, UH, IN THE, UH, THE STUDY, WE TALK ABOUT THE CONTRACTORS IN HARRIS COUNTY.

ARE WE ONLY TALKING ABOUT THE CONTRACTORS IN HARRIS COUNTY THAT ARE IN MISSOURI CITY? ARE WE TALKING ABOUT ALL CONTRACTORS IN HARRIS COUNTY? NO, THE, UH, WHAT IS REQUIRED BY THE COURT IS TO DEFINE THE AREA WHERE YOU AWARD YOUR CONTRACTS AND YOU ARE OBLIGATED TO DO AN ANALYSIS OF CONTRACTS WITHIN THAT MARKET AREA.

AND OUR FINDING WAS THAT YOUR CONTRACTS HAS AWARDED, UH, OVER, UH, 85% OF THOSE CONTRACTS WERE AWARDED BOTH IN MISSOURI CITY AND IN, UM, HARRIS COUNTY.

AND IT'S BECAUSE OF THAT, THAT, THAT, THAT HAS BEEN THE MARKET AREA THAT WAS DEFINED, BUT THAT'S NECESSARY TO MEET THE REQUIREMENTS OF THE LAW.

OKAY.

WELL, AND FINALLY, YOU KNOW, I, I'D LIKE TO ECHO WHAT, UH, COUNCIL MEMBER BONY SAID, YOU KNOW, WE STARTED THIS DISPARITY STUDY BACK IN 14.

I WAS HERE IN 14, AND WE, WE THOUGHT WE, YOU KNOW, WE WERE MAKING SOME INROADS, BUT, UH, OBVIOUSLY, UH, WE, UH, LET THINGS FALL BY THE WAYSIDE AND I THINK IT'S, UH, THE APPROPRIATE TIME TO, UH, TAKE A REAL HARD LOOK AGAIN AT, UH, THE, UH, UH, THE ACTIVITY THAT WE HAVE TO MAKE SURE THAT WE ARE, YOU KNOW, FAIR AND UH, AND PROVIDING OPPORTUNITIES FOR, UH, ALL, UH, THE, UH, CONTRACTORS WITHIN MISSOURI CITY.

SO THANK YOU.

THANK YOU.

ALRIGHT.

THANK YOU VERY MUCH FOR YOUR THOROUGH PRESENTATION.

WE APPRECIATE IT.

THANK YOU FOR THE OPPORTUNITY TO PRESENT OUR DATA.

THANK YOU.

THERE'S NO ACTION ON THIS ITEM.

UM, UH, AGENDA NUMBER FIVE

[5. CLOSED EXECUTIVE SESSION]

IS A CLOSED EXECUTIVE SESSION.

THE TIME IS NOW 6:22 PM AND THE CITY COUNCIL WILL NOW GO INTO AN ENCLO EXECUTIVE SESSION PURSUANT TO SECTION 5 5 1 0.07, ONE OF THE TEXAS GOVERNMENT CODE.

DID Y'ALL HEAR THAT ORDER IN THE COURT? , IT'S NOW 6 36 AND, UH, CITY COUNCIL WILL NOW CLOSE THE EXECUTIVE SESSION.

THERE ARE NO ACTION ITEMS. UM, WE WILL ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 6 36 WITH NO FURTHER BUSINESS.