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Wednesday, February
15, 20121
Overview - Office of Equal Opportunity
Mission, Purpose, Processes
Prepared for Living Cities Peer to Peer
February 7, 2012
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 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 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 Office of Equal Opportunity5 Office of Equal Opportunity
2010
Entered contract
with NERA for
Disparity Study
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 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
8 Office of Equal Opportunity
CERTIFICATION
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 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 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 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 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 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 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 Office of Equal Opportunity
Certification Process
Application Review
Application Submission
Interviews
Site Visits
Certification Approval
Wednesday, February
15, 201217
Office of Equal Opportunity
EVALUATION
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 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
20 Office of Equal Opportunity
COMPLIANCE
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 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 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 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 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.
26 Office of Equal Opportunity
City of Cleveland Spend
Comparison 2008, 2009, 2010
Year Annual Spend CSB CSB
FBE
CSB
MBE
CSB
MBE
FBE
FBE FBE
MBE
MBE Total
Participation
2008 $461,303.013.65 3.2% N/A N/A N/A 2.9% N/A 9.1% 15.2%
2009 $362,931,210.08 4.2% 5.1% 10.3% 1.1% 0.4% N/A 1.4% 22.5%
2010 $350,066,563.25 12.5
%
3% 9% 0.9% 0.8% 0.7% 2% 28.9%
27 Office of Equal Opportunity
OUTREACH
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 Office of Equal Opportunity
Attendance at Outreach Events
Partner with CMHA, Cuyahoga County,
NEORSD, RTA, Urban League, HBA,
Other
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
31 Office of Equal Opportunity
Q & A
Thank You

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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
  • 8. 8 Office of Equal Opportunity CERTIFICATION
  • 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
  • 17. Wednesday, February 15, 201217 Office of Equal Opportunity EVALUATION
  • 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
  • 20. 20 Office of Equal Opportunity COMPLIANCE
  • 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.
  • 26. 26 Office of Equal Opportunity City of Cleveland Spend Comparison 2008, 2009, 2010 Year Annual Spend CSB CSB FBE CSB MBE CSB MBE FBE FBE FBE MBE MBE Total Participation 2008 $461,303.013.65 3.2% N/A N/A N/A 2.9% N/A 9.1% 15.2% 2009 $362,931,210.08 4.2% 5.1% 10.3% 1.1% 0.4% N/A 1.4% 22.5% 2010 $350,066,563.25 12.5 % 3% 9% 0.9% 0.8% 0.7% 2% 28.9%
  • 27. 27 Office of Equal Opportunity OUTREACH
  • 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
  • 31. 31 Office of Equal Opportunity Q & A Thank You