190550

The City of Portland ordains:

 Section 1.  The Council finds:

1. The City of Portland (City) recognizes that historical disparity exists in the construction industry which has prevented equity in construction contracting opportunities for disadvantaged, minority-owned, women-owned, emerging small and service-disabled veteran-owned business enterprises as well as low-income, disadvantaged, minority and women workers in the construction trades.
2. The City has a responsibility to ensure public dollars spent benefit the community the City serves by optimizing diverse community participation in its contracting. The City has committed to increasing this diversity and equity in contracting and has implemented the Community Opportunities and Enhancements Program (COEP or Program), authorized by Resolution 37331 passed by the Council on November 8, 2017, to provide a funding mechanism for the provision of workforce development and technical business assistance services. 
3. During development of the COEP, OMF and the Office of Equity and Human Rights (OEHR) was directed to partner with Prosper Portland (Prosper) for the implementation and administration of the Program.  On April 5^th, 2019, a Memorandum of Understanding (MOU) was signed by OMF, OEHR and Prosper agreeing to work together collaboratively to ensure that the Program is implemented and administered in a consistent, efficient and accountable manner. The MOU established the mutual intent of OMF, OEHR and Prosper to develop and negotiate an intergovernmental agreement (IGA). 
4. The Council passed Ordinance 189834 on January 29, 2020 to enter into IGA No. 30007251 (the Agreement) with Prosper to utilize the pilot funds set aside by the Portland Building Reconstruction Project, the 10^th and Yamhill Garage Renovation Project, and the Washington Park Reservoirs Improvements Project to implement and administer the COEP.
5. The Council passed Ordinance 190197 on November 12, 2020 to establish the COEP as an ongoing program in City Code Chapter 5.35 and in City Administrative Rules in Portland Policy Document ADM 1.25. 
6. The Office of Management and Finance, the Office of Equity and Human Rights, and Prosper Portland mutually desire to extend the term of the Agreement through June 30, 2022. 
7. The City has budgeted $641,761 in the FY 2021-22 Adopted Budget for the COEP to be passed through to Prosper for the administration and distribution of COEP funding per the terms of the Agreement.

NOW, THEREFORE, the Council directs:

1. The Chief Administrative Officer (CAO) is authorized to execute an amendment with Prosper Portland, in a form similar to the amendment attached as Exhibit A, for the purpose described in Section 1.  
2. The Mayor and City Auditor are hereby authorized to pay for the Amendment from COEP fees collected on non-ratepayer funded projects.

Section 2.  The Council declares that an emergency exists because this Amendment is necessary to commit existing COEP funding and ensure timely continuation of supportive services for the development and growth of disadvantaged, minority-owned, women-owned, emerging small and service-disabled veteran-owned business enterprises as well as low-income, disadvantaged, minority and women workers in the construction trades.  Therefore, this ordinance shall be in full force and effect from and after its passage by the Council.