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St. Louis County Council and St. Louis Board of Aldermen pass minority and woman contracting ordinances

The St. Louis County Council and the Board of Aldermen for the City of St. Louis both recently passed similar ordinances relating to minority- and woman-owned businesses (MBEs and WBEs) in public procurement.

As a result of the measure from the County Council, the county will establish, for the first time at the county level, a Minority and Women-Owned Business Enterprise Program. The program will set participation goals for construction. The MBE goal will be set at 24 percent, and the WBE goal will be set at 9.5 percent. Architecture and engineering projects have been given participation goals; 16 percent for MBEs and 15 percent for WBEs. Eligible MBEs and WBEs will also receive a 5 percent bid discount on prime contracts for construction.

The legislation also lays out provisions for contract compliance, annual reports, and for county government employees who will help promote the growth of MBEs and WBEs in St. Louis county. The legislation follows the results of a Disparity Study for St. Louis County.

Similarly, the Board of Aldermen for the City of St. Louis approved a bill that updates an executive order for the City, primarily by adding a variety of enforcement mechanisms for pre-existing MBE and WBE participation goals for the City. The bill puts construction project goals at 21 percent for African-American-owned business enterprises, 2 percent for Hispanic American-owned business enterprises, 0.5 percent for Asian-American-owned business enterprises, 0.5 percent for Native-American-owned business enterprises, and 11 percent for women-owned business enterprises. The bill also adds a possible one-year disqualification penalty and liquidated damages for companies failing to meet or make a good-faith effort to meet the participation goals.

The full text of the St. Louis County Council legislation can be found at https://www.stlouisco.com/YourGovernment/CountyCouncil/MostRecentCouncilLegislation within the Legislation Packet document for 4/24/18.

The full text of the Board of Aldermen for the City of St. Louis measure can be found at https://www.stlouis-mo.gov/internal-apps/legislative/upload/committee-substitute/BB270CS-wd22.pdf.

UPDATE 5/09/18: St. Louis County Executive Steve Stenger has signed the County Council's bill into law.