*Amend Intergovernmental Agreement with the Office of the City Administrator, the Office of Equity and Human Rights, and Prosper Portland for continued administration of the Community Opportunities and Enhancements Program (amend Contract 30007251)

The City of Portland ordains: Section 1. The Council finds: The City of Portland (City) recognizes that historical disparity exists in the construction industry which has prevented equity in construction contracting opportunities for disadvantaged, minority-owned, women-owned, emerging small and service-disabled veteran-owned business enterprises as well as low-income, disadvantaged, minority and women workers in the construction trades. The City has a responsibility to ensure public dollars spent benefit the community the City serves by optimizing diverse community participation in its contracting. The City has committed to increasing this diversity and equity in contracting and has implemented the Community Opportunities and Enhancements Program (COEP or Program), authorized by Resolution 37331 passed by the Council on November 8, 2017, to provide a funding mechanism for the provision of workforce development and technical business assistance services. During development of the COEP, the Office of Management and Finance (OMF) and the Office of Equity and Human Rights (OEHR) were directed to partner with Prosper Portland (Prosper) for the implementation and administration of the Program. On April 5 th , 2019, a Memorandum of Understanding (MOU) was signed by OMF, OEHR and Prosper agreeing to work together collaboratively to ensure that the Program is implemented and administered in a consistent, efficient and accountable manner. The MOU established the mutual intent of OMF, OEHR and Prosper to develop and negotiate an intergovernmental agreement (IGA). The Council passed Ordinance 189834 on January 29, 2020, authorizing OMF and OEHR to enter into IGA No. 30007251 (the IGA) with Prosper and to utilize the pilot funds set aside by the Portland Building Reconstruction Project, the 10 th and Yamhill Garage Renovation Project, and the Washington Park Reservoirs Improvements Project to implement and administer the COEP. The Council passed Ordinance 190197 on November 12, 2020, to establish the COEP as an ongoing program in City Code Chapter 5.35 and in City Administrative Rules in Portland Policy Document ADM 1.25. Council previously authorized Ordinances 190550 and 191337 for amendments to the IGA. Ordinance 190550 authorized $641,761 to be disbursed for FY 2021-22 COEP programming . Ordinance No. 191337 authorized $2,927,060.08 to be disbursed for COEP programming provided in FY 2022-23 and FY 2023-24. Pursuant to revisions in the City’s administration, OMF’s duties within the Procurement Division related to this IGA have been transferred to City Operations, which is managed by the City Administrator. City Operations, the Office of Equity and Human Rights, and Prosper Portland mutually desire to continue COEP Programming through June 30, 2026. Amendments to the IGA will be executed respective of the Adopted Budget to add $5,196,392.92 to the Agreement, for a total not-to-exceed value $11,000,000. Funding is projected to be available in the City Obligations Reserve Sub-fund 201003 COEP. NOW, THEREFORE, the Council directs: The City Administrator and the Director of the Office of Equity and Human Rights are authorized to execute amendments to the IGA with Prosper Portland, in forms similar to Exhibit A and Exhibit B and for the purposes described in Section 1, provided that the amendment has been approved as to form by the City Attorney’s Office. The Mayor and Auditor are hereby authorized to draw and deliver checks chargeable to the City Obligations Reserve Sub-fund 231003 COEP when demand is presented and approved by the proper authorities. Section 2. The Council declares that an emergency exists because this Amendment is necessary to commit existing COEP funding and ensure timely continuation of supportive services for the development and growth of disadvantaged, minority-owned, women-owned, emerging small and service-disabled veteran-owned business enterprises as well as low-income, disadvantaged, minority and women workers in the construction trades; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.