Big Ideas for Small Business. Office of Equal Opportunity Mission. Purpose. Process.
1. Wednesday, February
15, 20121
Overview - Office of Equal Opportunity
Mission, Purpose, Processes
Prepared for Living Cities Peer to Peer
February 7, 2012
2. 2 Office of Equal Opportunity
Priorities
OEO Mission:
To advance equal economic benefit for Clevelanders by ensuring compliance with
contractor goals & requirements, by providing development and support activity for
target groups & by advocacy, with commitment to excellent public service.
How?
Effective administration, monitoring and enforcement of the City’s minority and
female-owned business enterprise programs; the new programs for smaller, local
businesses; and Fannie M. Lewis Cleveland Resident Employment Law programs.
3. 3 Office of Equal Opportunity
OEO Priorities
Costs/benefits of business-government relations.
1. Increase the pool of M/F/CSB businesses seeking
contracting opportunities from the City of Cleveland
2. Increase the average number of bidders on major
contracts
3. Increase the number and dollar amount of M/F/CSB that
receive contracts with the City of Cleveland
4. Ensure the contracting workforce of City contractors is
representative of the demographic composition and
diversity for the City of Cleveland; and
5. Adopt green building standards into capital projects to
reduce operating costs and improve the environmental
performance of city facilities and infrastructure.
4. 4 Office of Equal Opportunity
Ordinances
OEO implements and enforces on three Codified
Ordinances:
187 Cleveland Small Business
187A Local Producer Sustainable Business
188 Cleveland Resident Employment
5. 5 Office of Equal Opportunity5 Office of Equal Opportunity
2010
Entered contract
with NERA for
Disparity Study
6. 6 Office of Equal Opportunity
“Self Help”: invest locally/employ locally
Goal: to sustain Cleveland’s economy
How?
Promote entrepreneurial parity
Inclusion
Growth firms/sustainable growth
Contract unbundling
Wealth creation
Reject bids that do not reflect acceptable
participation levels.
7. 7 Office of Equal Opportunity
Types of Contracts
Professional Services: specialized services (Architects,
Engineers, Attorneys, Surveys, Strategic Planning, ect)
– Example: Feasibility Study and Strategic Plan for Burke
Airport
Public Improvement: construction contracts that include labor,
supplies and materials.
– Example: Renovation of the 668 Euclid Building
Requirements Contract: the purchase of goods & services over
a fixed timer period or up to a maximum dollar amount based
on quantity.
– Example: Salt
9. 9 Office of Equal Opportunity
Certification Types
OEO certifies contractors in the following
designations:
Minority Business Enterprise (MBE)
Female Business Enterprise (FBE)
Cleveland-Area Small Business (CSB)
LPE
SUBE
Storefront Renovation Program
10. 10 Office of Equal Opportunity
Cleveland-Area Small Business (CSB)
A Business Enterprise is eligible for certification
as a CSB:
City of Cleveland Small Business” or “CCSB” means a CSB that has
its principal office located physically within the municipal boundaries of
the City.
Cleveland Contracting Market” or “Contracting Market” means the
geographic market area consisting of Cuyahoga County, Ohio, or the
geographic market area identified in a disparity study.
11. 11 Office of Equal Opportunity
Minority Business Enterprise
(MBE)
A business enterprise is eligible for certification as a
Minority Business Enterprise if:
The Business Enterprise is owned, operated and controlled by
one or more Minority Persons who have at least 51%
ownership
The Minority Persons who own the Business Enterprise have
operational and managerial control, interest in capital, and
earnings commensurate with the percentage of ownership
The Business Enterprise is located and doing business in the
Cleveland Contracting Market
Ch. 187.05(a)
12. 12 Office of Equal Opportunity
Female Business Enterprise
(FBE)
A Business Enterprise is eligible for certification
as a Female Business Enterprise if:
The Business Enterprise is owned, operated and controlled by
one or more Females who have at least 51% ownership
The female owners have operational and managerial control,
interest in capital, and earnings commensurate with the
percentage of ownership
The Business Enterprise is located and doing business in the
Cleveland Contracting Market
Ch. 187.05(b)
13. 13 Office of Equal Opportunity
Local Producer Sustainable Business
Local Producer ~ LPE
Companies headquartered in the 5 county region (Cuyahoga, Geauga, Lake,
Lorain and Medina) and supply goods or services in the region; as well as
growers or producers of food that are headquartered in a wider fifteen-county
region (the above counties as well as Erie, Huron, Richland, Ashland, Wayne,
Holmes, Stark, Summit, Portage and Tuscarawas); Certified through OEO.
Eligible for a 2% BID DISCOUNT or 2 EVALUATION CREDITS
Sustainable Business ~ SUBE
Companies headquartered in the 5 county region (Cuyahoga, Geauga, Lake,
Lorain and Medina) which are certified as sustainable businesses through
approved programs*; Certified through OEO.
Eligible for a 2% BID DISCOUNT or 2 EVALUATION CREDITS
14. 14 Office of Equal Opportunity
Certification Registry
The North American Industry Classification System
(NAICS) is the standard used by Federal statistical
agencies in classifying business establishments for
the purpose of collecting, analyzing, and publishing
statistical data related to the U.S. business
economy.
NAICS was developed by Office of Management and
Budget (OMB), and adopted in 1997 to replace the
Standard Industrial Classification (SIC) system.
15. 15 Office of Equal Opportunity
Benefits of Certification
Certification is your key to open doors to
contracting opportunities with the City
Everything the City buys, from streets and
sewers to toothpick and toilet paper, has
subcontracting goals attached
Your certification makes you eligible to help
prime contractors meet those goals
16. 16 Office of Equal Opportunity
Certification Process
Application Review
Application Submission
Interviews
Site Visits
Certification Approval
18. 18 Office of Equal Opportunity
Evaluation – OEO Schedules
Schedule 1: Project Contact Information
Form
Schedule 2: Schedule of Subcontractor
Participation
Schedule 3: Statement of Intent to Perform
as a Subcontractor
Schedule 4: Subcontractor
Unavailability/Impracticality
19. 19 Office of Equal Opportunity
Evaluation – Good Faith Effort
Opportunities for Subcontracting
Availability of CSB/MBE/FBE Potential
Subcontractors
Bidder’s Commitment to CSB/MBE/FBE
Subcontractors
Bidder’s Efforts to Subcontract to
CSB/MBE/FBE Firms
21. 21 Office of Equal Opportunity
MBE/FBE/CSB Compliance
Chapter 187 – Cleveland-Area
Business Code
Provides bid discounts to MBE/FBE/CSB
prime bidders
Requires that prime contractors make a good
faith effort to contract with MBE/FBE/CSB
subcontractors
22. 22 Office of Equal Opportunity
Cleveland Resident Employment Monitoring
Chapter 188 – Fannie M. Lewis
Cleveland Resident Employment Law
20% of Construction Worker Hours done by
Cleveland residents
4% of the 20% (8 hours for every 1000 hours
worked on the contract) done by low-income
workers
23. 23 Office of Equal Opportunity
Resident Employment Law
(Fannie Lewis Law)
Any public improvement contact in the amount of
$100,000.
– Must place 20% construction hours for Cleveland residents.
– Must place 4% low income residents.
24. 24 Office of Equal Opportunity
C.O. 188 (Fannie M. Lewis Law)
Projects are subjected to a Five-part Significant Efforts test.
If the contractor passes this test, they are deemed to have
made a Significant Effort in obtaining Low Income Hours. The
test points are as follows:
1. Were any actions taken by the company to attempt compliance?
2. Was contact made with OEO to discuss possible shortfalls before
or during the project & not after completion?
3. Were there any special circumstances surrounding the project?
4. Was the Resident Hour requirement attained?
5. Is the company routinely (>50%) non-compliant with Low Income
requirements?
25. 25 Office of Equal Opportunity
Monthly Reporting Affidavit (MRA)
Process:
Contractors submit MRA each month, providing OEO with comprehensive data regarding
payments made to MBE, FBE and CSB subcontractors, as well as Resident Worker Hour
and Low-Income Worker Hour information where applicable.
OEO provides training documentation to all contractors upon implementation of the MRA,
and provides technical assistance to contractors on an as-needed basis.
Result/Outcome:
Increases coordination between Contract Monitors and contractors in data collection and
avoids data entry duplication.
Flexible and user-friendly, allowing contractors to import workforce data from their own
existing databases.
Reduces paper consumption and physical file size by allowing contractors to submit some
reports electronically.
NOTE: OEO is in the process of contracting with B2GNow, a real time contract
compliance & diversity management software.
28. 28 Office of Equal Opportunity
Outreach - Certification
Working with all agencies to create a joint certification
Established working relationship with State of Ohio Edge
Certification process
Consistently partnering to identify joint opportunities for
Technical Assistance.
Working with Cleveland Clinic to ensure our Certification will
maintain its value through there affirmative action programs
Establishing lasting partnerships with : NEORSD, SBA, CMHA,
Cuyahoga County, State of Ohio, GRTA, GCP, Presidents Council,
CAAO, WECO, MCBAP, SBDC
Staff more visible at community events
29. 29 Office of Equal Opportunity
Attendance at Outreach Events
Partner with CMHA, Cuyahoga County,
NEORSD, RTA, Urban League, HBA,
Other
30. 30 Office of Equal Opportunity
2012 Major Tasks
Complete Disparity Study
Implementation of B2GNow
Develop Target markets program
Align OEO, WFD, ED
Prevailing Wage
CSB Penalty
Contracts Under $50,000
Quarterly sub-contractor Meetings