ORDINANCE COMMITTEE NOTICE OF PUBLIC HEARING

A Public Hearing on the following proposed Ordinances will be held before the Ordinance Committee on Tuesday, November 9, 2021 at 6:30 p.m. in the City Council Chambers, City Hall, 869 Park Avenue, City Hall, Cranston, R.I. pursuant to Section 3.12 of the Charter, in accordance with the RI General Laws Chapter 45-24-53 for the purpose of considering the following items listed on the agenda.  Remote participation is also available by using the logon information provided below as posted on the City’s website at www.cranstonri.gov and Secretary of State’s website at www.sos.ri.gov.

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Complete copies of proposed Ordinance is available for public review at the City Clerk’s Office, and the Cranston Central Library and the City’s website cranstonri.com under calendar by clicking on the meeting date.

“Individuals requesting interpreter services for the dear or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.” 

Matthew Reilly, Chair
Ordinance Committee

Rosalba Zanni
Acting City Clerk

PROPOSED ORD. NO. 10-21-03 IN AMENDMENT OF CHAPTER 3.08 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “REVENUE AND FINANCE – CONTRACTS AND PURCHASES”

 It is Ordained by the City of Cranston City Council as follows:

Section 1.  Title 3, Chapter 3.08 is hereby amended by adding the following Section entitled “Minority and Women Business Enterprises”:

3.08.090 Minority and Women Business Enterprises

8.08.091 Definitions

The following definitions shall be for purposes of this chapter only, unless specifically adopted in another section of the Cranston Code of Ordinances:

“Affirmative Action” means taking specific steps to eliminate discrimination and its effects, to ensure nondiscriminatory results and practices in the future, and to involve minority business enterprises fully in contracts and programs funded in whole or in part by city funds, or funds which, in accordance with federal grant, state funds or otherwise, the city expends or administers or in which the city is a signatory to a contract.

“Bidder” means any individual, organization, corporation, partnership, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted and which submits a quote, offer or bid in response to the solicitation of the same by the City.

“City” means any department, authority, governmental subdivision, or quasi-public agency of the City of Cranston (herein referred to collectively or individually as the “City” or “city”).

“Compliance” means that a bidder has met and implemented the requirements of this chapter.

“Contract” means a mutual binding legal relationship or any modification thereof obligating the successful bidder to furnish supplies or services, including construction services, and the city to pay for them. For purposes of this chapter, any lease is a contract.

“Contractor” means any successful bidder who is a person or entity participating, through contract or subcontract, in any procurement, program or service covered by this chapter, including leases and material suppliers.

“Certified” means any bidder or contractor deemed to be certified within the meaning of this chapter.

“Construction” means any act of building, constructing, altering, maintaining or repairing (including dredging, excavating and painting) of city buildings, structures or other real property.

“Minority” means a person who is a citizen or lawful permanent resident of the United States and who is:

1. Black - a person having origins in any of the black racial groups of Africa; or
2. Hispanic – a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race; or
3. American Indian or Native American or Alaskan Native – a person having origins in any of the original peoples of North America; or
4. Portuguese – a person having origins in any of the original peoples of Portugal or the Azores, regardless of race; or
5. Asian – a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands; or
6. Members of other groups or other individuals found to be economically and socially disadvantaged by the Small Business Administration under §8(a) of the Small Business Act, as amended 15 U.S.C. §637(2).

“Minority Business Enterprise” or “MBE” and “Women Business Enterprise” or “WBE” means a small business concern, as defined pursuant to §3 of 15 U.S.C. §632 (commonly known as “Federal Small Business Act”) and implementing regulations, which is owned and controlled by one or more minorities. For purposes of this chapter, “owned” or “controlled” means a business:

1. which is at least fifty-one percent (51%) owned by one or more minorities or women and, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more minorities or women; and
2. the management and daily business operations of which is controlled by one or more such individuals.

“MBE Coordinator” means any official or purchasing agent so designated by the city as the person responsible for promotion of minority business enterprise interest within the city.

 “Noncompliance” means the condition existing when a bidder, successful bidder or contractor has failed to implement the requirements of this chapter.

“Request for Proposals” or “RFP” means a solicitation for competitive bids where lowest price is not the sole or primary consideration to be used in determining an award or any other solicitation that is identified and classified by the city as a request for proposals.

 “Request for Quotes” or “RFQ” means a solicitation for competitive offers where lowest price is not the sole or primary consideration to be used in determining an award or any other solicitation that is identified and classified by the city as a request for quotes.

 3.08.092 Policy – Purpose - Applicability

(a) Policy – It shall be the policy of the city to:

1. maximize the opportunity for MBEs and WBEs to participate in the performance of procurements and projects as prime contractors, subcontractors and vendors as outlined in this chapter.
2. ensure that prime contractors shall utilize MBEs and WBEs so as to enable the city, its purchasing department, and all its contracting departments to meet or exceed the goals set forth in this chapter
3. ensure the utilization of MBEs and WBEs as subcontractors and/or suppliers to the prime contractor, and/or the use of minority and women laborers, shall be considered in determining the lowest possible bidder.
4. ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of any project or contract covered by this chapter, on the grounds of race, color, national origin or sex.

(b) Purpose – The purpose of this section is to carry out the city's policy of supporting, to the fullest extent possible, participation of MBEs and WBEs in city funded and directed public construction programs and projects and in municipal purchases of goods and the procurement of services. This includes assisting MBEs and WBEs throughout the life of contracts in which they participate.

(c) Applicability – This section shall apply to any and all city purchasing, including, but not limited to, the procurement of goods and services, and construction projects or contracts funded in whole or in part by city funds, or funds which, in accordance with federal grant, state funds or otherwise, the city expends or administers or in which the city is a signatory to the construction contract.

3.08.093 MBEs and WBEs - Goals

(a)  MBEs shall be included in all requests for procurements under this chapter and the city shall strive to achieve each of the goals hereinafter established. Upon passage of this section, the city shall utilize the goal of ten (10) percent which is presently being used by the State of Rhode Island as set forth in R.I. Gen. Laws § 37-14.1 et seq. and the "Regulations Governing Participation by Minority Business Enterprises in State Funded and Directed Public Construction Projects, Construction Contracts and Procurement Contracts for Goods and Services" promulgated by the State of Rhode Island Department of Administration, where not inconsistent with this section. Upon completion of a so-called "predicate study" which will be undertaken, the goals for MBEs will be readjusted based upon the findings contained in said "predicate study" for the first year immediately following submission and acceptance of the said "predicate study" by the city council, increasing annually in each successive year by the recommended percentage contained in the said "predicate study" until either the final goal of participation of MBEs in all procurements for goods and services has been achieved or that the program created by this section terminates.

(b) WBEs shall be included in all requests for procurements under this chapter and the city shall strive to achieve each of the goals hereinafter established. Upon passage of this section, the city shall utilize the goal of ten (10) percent which is presently being used by the State of Rhode Island as set forth in R.I. Gen. Laws § 37-14.1 et seq. and the "Regulations Governing Participation by Minority Business Enterprises in State Funded and Directed Public Construction Projects. Construction Contracts and Procurement Contracts for Goods and Services" promulgated by the State of Rhode Island Department of Administration, where not inconsistent with this section. Upon completion of a so-called "predicate study" which will be undertaken, the goals for WBEs will be readjusted based upon the findings contained in said "predicate study" for the first year immediately following submission and acceptance of the said "predicate study" by the city council, increasing annually in each successive year by the recommended percentage contained in the said "predicate study" until either the final goal of participation of WBEs in all procurements for goods and services has been achieved or that the program created by this section terminates.

3.08.094 Advisory Commission

(a) Within one hundred twenty (120) days of enactment, the mayor and city council will convene a special seven-person advisory group whose name shall be "The Commission on Minority and Women Business Development". The mayor shall appoint three (3) persons to the advisory group and four (4) persons shall be appointed by the city council. The commission shall elect a chair and vice-chair from its membership. Roberts Rules of Order shall govern the conduct of all meetings. All meeting shall comply with R.I. Gen. Laws § 38-2-1 et seq. (commonly known as the Access to Public Records Act) and § 42-46-1 et seq. (commonly known as the Opens Meetings Act).

(b)  The commission shall be concerned with the predicate study, program development (i.e., procedures, standards, general requirements, special contract language, supportive services, etc…) and monthly monitoring, the identification of MBE/WBE publications for the dissemination of bid notices and program announcements, coordination with other MBE/WBE small business advisory groups, the submission of annual reports to the mayor and city council on the progress of the program, and the examination of national, regional, and local demographic/economic trends and their effects on the local MBE/WBE community.

(c)  The city council shall provide by ordinance sufficient funds to carry out these and other relevant responsibilities, and shall provide for a program administrator within the classification ordinance to administer this program.

3.08.095 Process and Certification

All bidders and vendors shall be required to furnish to the city, its purchasing agent and MBE program coordinator proof of MBE certification that it has met the eligibility standards of R.I. Gen. Laws § 37-14.1-7.

The State of Rhode Island Department of Administration Office of Diversity, Equity and Opportunity, MBE Compliance Office shall issue all certifications. The city shall not certify MBE eligibility.

3.08.096 Implementation and Oversight

(a)    Rules and Regulations – It shall be the duty of the board of contract and purchase to adopt reasonable rules, regulations and procedures to ensure compliance with this section.

(b)   Sanctions – The board of contract and purchase shall have the power to impose sanctions upon contractors or vendors not in compliance with this section and shall include but not be limited to (1) suspension of payment; (2) termination of the contract; (3) recovery by the city of ten percent (10%) of the contract award price as liquidated damages; and (4) denial of right to participate in future projects for up to three years.

(c)   Waiver – The provisions of this section may only be waived upon certification to the board of contract and purchase by the purchasing agent that no MBEs or WBEs provide the required goods and/or services, that they are so expensive as to be prohibitive to utilizing an MBE or WBE or that the effect upon the party requesting the waiver is such that it puts them at a competitive disadvantage.

(d)   Review – This Chapter shall be reviewed by the city council as often they deem necessary and as they are able within a term, but not more than every four (4) years to ascertain the need for adjustments to and/or termination of the program so long as program goals have been achieved.

Section 2. This Ordinance shall take effect upon its final adoption.

Sponsored by Councilwomen Vargas, Marino, Councilman Donegan and Council Vice-President Ferri