191111

The City of Portland ordains:

Section 1.  The Council finds:

1. Clean, welcoming recreation facilities and sites are essential to Portland Parks & Recreation’s (PP&R’s) ability to provide exemplary park and recreation services to the people of Portland
2. In accordance with City Code 5.33.110, it is the policy of the City to procure services from an Oregon Forward Contractor (formerly known as Qualified Rehabilitation Facilities (QRF)) at the price determined by the State Procurement Office if the product or service meets the City’s needs.
3. Northwest Success Inc. is certified by the State of Oregon as an Oregon Forward Contractor. It is a nonprofit community rehabilitation program and vocational service provider whose purpose it is to assist and encourage disabled individuals.
4. In accordance with City Code 5.33.110, the City may purchase the required product or service from any QRF without competition between QRFs.
5. The City has verified with the State of Oregon, Department of Administrative Services that the selected QRF is in good standing. Northwest Success pricing has been validated through the State’s verification procedures as required in City Code 5.33.110.D.3.
6. Northwest Success is subject to City Code 3.99, Fair Wage Policies. The minimum wage rate is determined by the City each fiscal year. Increases for the Fair Wage policy and cost of living average 5% annually. An amount of up to $50,000.00 (equaling 5% for four annual adjustments) is included in the total not to exceed amount for these increases.
7. Appropriation is included in the FY 2022-2023 Budget for the nine-month term of the agreement. 
8. City Council adopted Resolution No. 37483, on March 25, 2020, amending the Sustainable Procurement Policy, ADM 1.09, to include Amendment 4: Labor Peace. That Amendment 4 pertaining to the Labor Peace policy was amended by Resolution No. 37583 on July 20, 2022.  The July amendment clarified that if a contractor does not meet the Labor Peace requirement by achieving a labor peace agreement, the City may nevertheless proceed with a contract award if the contractor can meet one of three exceptions.  The policy delegated to the Mayor’s Office or elected’s delegee the responsibility for determining whether a selected contractor meets an exception to this policy.
9. Commissioner Rubio reviewed the information provided by Northwest Success and determined an exception to the Labor Peace policy was met.  The determination that this contract met an exception to the Labor Peace policy to allow for a contract award does not create a precedent or guarantee an exception will be determined in a future contract with this contractor or one for similar services. 
10. PP&R will support Northwest Success’ continued efforts to engage with labor organization(s) for the purpose of meeting the Labor Peace policy and for Northwest Success to achieve a labor peace agreement by March 1, 2023 for potential future public contracting opportunities to enter into multiyear janitorial services contract(s) with PP&R.

NOW, THEREFORE, the Council directs:

1. The Chief Procurement Officer, or designee, is authorized to execute a price agreement with Northwest Success, Inc. subject to approval as to form by the City’s Attorney’s Office, with the price agreement at a cost not-to-exceed $1,000,000.00 for nine months.
2. The Mayor and Auditor are hereby authorized to make payments to the contractor, chargeable to the appropriate project cost object when demand is presented and approved by the proper authorities.

Section 2.  The Council declares that an emergency exists to prevent a disruption in service to the City’s customers and a delay in the delivery of essential City services; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.