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WHEREAS, the City of Portland spends millions of dollars each year on the procurement of goods, services and construction; and   

WHEREAS, the City has a responsibility to ensure its public dollars are spent in a way that benefits the community it serves; and 

WHEREAS, the City of Portland is committed to advancing equity, anti-racism, and inclusive economic opportunities through its contracting and workforce policies; and 

WHEREAS, the Executive Order to City Employees to Comply with Federal Law (EO 2025-01) requires compliance with all applicable federal civil rights and nondiscrimination laws, including, but not limited to the Civil Rights Act of 1964; and 

WHEREAS, EO 2025-01 presents an opportunity for exploration into new strategies to support small businesses and develop the local workforce in preparation for participation on public contract opportunities; and 

WHEREAS, Council has received passionate testimonials from the local labor and small business community in support of the City conducting a disparity study, in addition to improving access to resources like business technical assistance and workforce development services that support participation on public projects; and 

WHEREAS, the last disparity study conducted by Procurement Services was completed in 2009; and 

WHEREAS, peer cities have invested in conducting a disparity study at least every 5 years as a best practice; and  

WHEREAS, a disparity study would provide updated data about business availability changes and enhance the Chief Procurement Officer’s ability to accurately assess the efficacy of various procurement programs; and  

WHEREAS, a contract disparity study would allow the Chief Procurement Officer to examine the utilization of MBE/WBEs and other diverse businesses in City construction, professional services, goods and other services contracts; and 

WHEREAS, a workforce disparity study would allow the Chief Procurement Officer to evaluate how construction work hours on City construction contracts are divided among apprentices, workers of color, and women; and 

WHEREAS, the City previously authorized a disparity study through Ordinance No. 190781, which was passed on April 20, 2022, to evaluate disparities in contracting and workforce participation; and 

WHEREAS, the City recognizes the importance of conducting a comprehensive disparity study that considers data from the State of Oregon, the Port of Portland, and Prosper Portland to ensure a thorough analysis of disparities in contracting and workforce participation; and 

WHEREAS, Prosper Portland is currently engaged in a disparity study, led by Keen Independent Research, to analyze disparities in the utilization of disadvantaged-, minority-, woman-, emerging small-, and service-disabled veteran-owned businesses (D/M/W/ESB/SDVs) in its construction-related contracts and public-private partnership agreements; and 

WHEREAS, the State of Oregon has conducted a disparity study, also led by Keen Independent Research, to evaluate disparities in contracting and workforce participation across various state agencies; and 

WHEREAS, the Port of Portland has undertaken a disparity study to assess disparities in contracting and workforce participation within its operations; and 

WHEREAS, the City acknowledges that existing data from the State of Oregon, the Port of Portland, and Prosper Portland provides valuable insights into disparities in contracting and workforce participation and can inform the City's efforts to address these disparities; and 

WHEREAS, the City recognizes that conducting a comprehensive disparity study is essential to identify and address systemic barriers that hinder equitable access to contracting and workforce opportunities for historically marginalized communities; and

NOW, THEREFORE, BE IT RESOLVED that the Portland City Council requests:

1. That the City Administrator initiate two disparity studies to evaluate disparities in both City contracting and workforce participation, utilizing data from the State of Oregon, the Port of Portland, and Prosper Portland as well as obtaining any relevant data specific to the City of Portland.
2. That the City Administrator, in partnership with the Chief Procurement Officer, engage a qualified consultant with expertise in conducting disparity studies to perform the analysis, ensuring that the study adheres to best practices and legal standards, with attention paid to the potential for disparities to emerge from the intersection of race and gender.
3. That the disparity studies be conducted in a manner that emphasizes community engagement throughout the process, ensuring that input from historically marginalized communities is reflected in the work of the study.
4. That the studies analyze impacts of project labor agreements, community benefits agreements on disparity outcomes, and the Regional Workforce Equity Act (RWEA).
5. That the findings and recommendations of the disparity studies to City Council upon completion including proposed actions to address identified disparities and promote equitable contracting and workforce participation. And the data used for the study shall be made available to the public.

BE IT FURTHER RESOLVED that City Council funding for the requested disparity studies be presented has not yet been identified and that the Committee will support a request from the City Administrator for funds in the 2025 Fall Technical Adjustment Ordinance to secure necessary resources. Work cannot begin until funding is identified; and

BE IT FURTHER RESOLVED that City Council commits to supporting the City Administrator in utilizing the findings of the disparity study to inform policies and practices that promote equitable access to contracting and workforce opportunities for all Portland residents. 

BE IT FURTHER RESOLVED that the City Administrator bring a separate report, with guidance and recommendations of the Fair Contracting Forum (FCF) which is comprised of labor, contractor, and community members, to Council or a relevant committee with the following items: project specific wage and compensation data, methods of data collection, as well as an analysis of the effectiveness of exemption programs intended to increase workforce and contractor diversity.