190783

The City of Portland ordains:

Section 1.  The Council finds:

1. On June 17, 2020, the City Council adopted Anti-Racism, Equity, Transparency, Communication, Collaboration, and Fiscal Responsibility as the City of Portland Core Values through Resolution No. 37492. 
2. The Portland Plan adopted through Resolution No. 36918 in 2012 included a framework for equity to improve City operational and business practices, support actions that promote accountability, and close disparity gaps as described in the 2009 disparity study.
3. The City, as a public entity, has a responsibility to ensure public dollars are spent to benefit the community the City serves by optimizing inclusive and diverse community participation in contracting processes, and it and its contractors play an integral role in ensuring that diversity, apprenticeship, local investment, and equity objectives are achieved.
4. The City has a significant interest in completing public improvement projects without labor disruptions.
5. City Council authorized an intergovernmental agreement with METRO through Ordinance No. 189180, passed on September 26, 2018, to help fund a study for a third-party to conduct a current state assessment on the construction workforce in the region, and to establish a baseline for the regional public owner workgroup to work from.
6. METRO initiated a regional, collaborative, public owner workgroup, comprised of sixteen public agencies, to jointly develop a strategy to implement a regional approach to support career opportunities for women and people of color in construction trades.
7. The City participated as a member of the Public Owner Workgroup of the Construction Career Pathways Project (C2P2).
8. The workgroup developed a C2P2 Regional Framework for public agencies to sign that outlines seven policy initiatives related to diversification of the construction workforce, and City Council directed the Chief Procurement Officer through Resolution No. 37474 in 2020 to sign the framework and commit to supporting the regional workgroup.
9. City Council directed the Office of Management and Finance and the Office of Equity and Human Rights in 2017 through Resolution No. 37331 to develop a Community Opportunities and Enhancements Program and funding plan to support long-term sustainable solutions for supporting disadvantaged workers in the construction trades and the development and growth of disadvantaged, minority-owned, woman-owned, and emerging small businesses.
10. City Council adopted Code and Administrative Rules for the Community Opportunities and Enhancements Program through Ordinance No. 190197 in 2020.
11. The Fair Contracting Forum was established as an advisory committee through Resolution No. 37041 to provide oversight and invite greater community input regarding the City’s contracting practices.
12. Through Resolution No. 37329, City Council adopted the Community Equity and Inclusion Plan for all City public improvement contracts that utilize alternative contracting methods and have estimated contract values of $10 million to $25 million, and the Community Benefits Agreement for public improvement alternative contracts with estimated contract values in excess of $25 million, to provide greater opportunities and support for inclusion of low-income, disadvantaged, minority and women workers in the construction trades and the development and growth of certified contractors.
13. Through Resolution No. 37329, the City established the Community Equity and Inclusion Committee as a review body and resource to provide guidance and assistance to the City and its contractors on achieving the equity goals of the Community Equity and Inclusion Plan.
14. The Community Equity and Inclusion Plan, Community Benefits Agreement, and Community Equity and Inclusion Committee are set to sunset on November 7, 2022.
15. The Construction Career Pathways Project (C2P2) created the Regional Workforce Equity Agreement (Exhibit A), a multi-jurisdictional agreement for ensuring that public projects are completed without labor disruption, and supporting the recruitment of Black, Indigenous, and People of Color (BIPOC), and women workers with strong protections for BIPOC and women owned firms.
16. The Regional Workforce Equity Agreement supports public owners in implementing construction careers on large capital projects and establishes clear responsibilities and expectations of the unions and contractors supporting those projects.
17. The Regional Workforce Equity Agreement will be a contractual obligation between the City, unions, and the contractors who are awarded applicable public improvement contracts.
18. The Regional Workforce Equity Agreement includes Equity Contracting Program requirements aimed at ensuring diversity and equity at the prime contract and subcontract level on City public improvement projects.
19. The Regional Workforce Equity Agreement includes provisions for an advisory committee for all projects subject to the Agreement as a forum for communications and collective strategizing to provide oversight and invite greater community input on available resources.
20. The Regional Workforce Equity Agreement requires prime contractors, subcontractors, unions, and public owners to maintain harassment-free project sites that provide for a welcoming and open environment toward women, people of color, and all protected classes.
21. Parties to the Regional Workforce Equity Agreement will work collaboratively to develop strengthened anti-harassment systems and culture change strategies, will identify training programs regarding respectful workplaces and avoidance of harassment and discrimination on job sites, and will implement such systems and training programs on job sites.
22. For projects covered under the Regional Workforce Equity Agreement, the City will utilize its Community Opportunities and Enhancements Program as the Technical Assistance Fund established by the Agreement to help support diversity and opportunity efforts.

NOW, THEREFORE, the Council directs:

1. This Ordinance is binding City policy. 
2. The Regional Workforce Equity Agreement (Exhibit A) shall be considered and implemented for implementation on City public improvement contracts that utilize alternative contracting methods, that are estimated to exceed $5 million, and that are not subject to other federal requirements or certified public agency federal aid requirements that conflict with the Agreement.
3. The Regional Workforce Equity Agreement to replace the Community Equity and Inclusion Plan, and Community Benefits Agreement on new construction contracts upon passage of this Ordinance.
4. The Chief Procurement Officer and City Bureau Directors overseeing public improvement contracts to sign the Regional Workforce Equity Agreement.
5. The Chief Procurement Officer to enhance the City’s Subcontractor Equity Program by developing an Equity Contracting Program establishing goals for certified prime contractor and subcontractor participation on City public improvement projects.
6. The Chief Procurement Officer to eliminate inefficiencies and streamline the various advisory committees tasked with supporting the work of the City and its contractors to achieve equity goals, and to reconstitute an advisory committee as a forum for communications and collective strategizing to provide oversight and invite greater community input on available resources. The Chief Procurement Officer will undertake this responsibility with input from community and stakeholders, and in consultation with City bureaus overseeing public improvement contracts and the Office of Equity and Human Rights.
7. The Community Equity and Inclusion Committee be dissolved upon establishment of a reconstituted advisory committee.
8. The Chief Procurement Officer, the Director of the Office of Human Rights, and Directors or designees overseeing public improvement contracts to implement worksite anti-harassment systems, training programs regarding respectful workplaces, and culture change strategies for the avoidance of harassment and discrimination on job sites.
9. The Chief Procurement Officer to develop and implement necessary Administrative Rules or amendments to Purchasing Administrative Rules.
10. The Chief Procurement Officer shall be responsible for review and update of this policy and the development and implementation of any guidelines and procedures consistent with this policy and will undertake the responsibility in consultation with City infrastructure bureaus, and the Office of Equity and Human Rights.