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Published byDylan Hawkins Modified over 9 years ago
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Lloyd W. Fernald, D.B.A. Professor Emeritus University of Central Florida Review of Orange County M/WBE Certification Process
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2 Overview Findings & Recommendations Staffing & Processing Standards M/WBE Ordinance Provisions Policies & Procedures Manual Processing Statistics & Comparisons Processing Delays Causes for Denial Forum Comments Recommendations Conclusions
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Staffing & Processing Standards Backlog caused by venues: New Arena, Performing Arts, Citrus Bowl Percentage Processed within 60 days 3 Applications Received
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4 M/WBE Ordinance Provisions “A business acting or that will act as broker, front, conduit, or pass-through shall not be certified or re-certified as an M/WBE…” Minority Programs Historical Perspective “Contract awards will count towards M/WBE subcontract participation only for subcontractors who are certified in a specific line of work or business for which a defined scope of work is sought at the time of bid or proposal opening.”
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5 M/WBE Ordinance Provisions At Least 51% Ownership/ Actual Day-to-Day Management & Control Operates Separately From Non-Minority or Woman-Owned Firm Located in Relevant Market Area: Orlando MSA Legally Organized Demonstrates Capability to Perform Specific Line of Business/Provides Commercially Useful Business Function Net Worth < $750K* *Revised to $2.3M on 8/26/09
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6 M/WBE Ordinance Provisions Roles of the M/WBE Advisory Committee: 1. Provide Advice to Compliance Officer and Board 2. Act As Appeals Committee * Appeals Committee Deficiencies: Lack of Formality (Structure, Procedure, Responsibilities) Membership Criteria/Training/Oversight? Meeting Cancellations *As Provided for in Certification Guidelines Implementing this Ordinance and Other Policies
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7 Policies & Procedures Manual Implements the Ordinance Comprehensive & Detailed Currently Being Updated County Attorney Legal Review
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8 Processing Statistics and Comparisons Compared Statistics with: City of Orlando Miami-Dade County Palm Beach County State of Florida Processing Goals Vary from 30 - 90 Days Annual Approval Percentage 75% to 85% Average for All Agencies
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9 Processing Delays Major Causes for Delays in Processing: Staffing/Outside Contractor Failure by Firm to Submit Financial Information Articles of Incorporation and/or Organizational Structure Other Documentation Verifying That Firm is “Owned” by Minority or Woman Capability /Location
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10 Causes for Denial Major Causes for Denial: Submission Lacked Required Documentation Determining Business Ethnicity/Ownership Not in Orlando MSA Lacked Capability/Qualifications Review Confirmed Validity of Denials
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11 M/WBE Forum Comments Three Most Common Suggestions: Omit Qualifications/Capacity to Perform a Specific Line of Business Reciprocity Between Government Organizations Be More Proactive in Helping Firms Actually Obtain Contracts Also Mentioned: Eliminate Verification of Business Location Need to Streamline/Simplify Process
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12 Staffing Recommendations Current Staffing is Marginally Adequate Senior Contracts Administrator Compliance Officer Program Specialist (Part-Time Clerical) Train Other Staff to Perform Certification Duties
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13 Processing Standards Recommendations Continue Current Processing (Time Frame) Standard Workshops: Hold More Frequently Post Videotape Workshops on Website Mandatory Attendance Prior to Application Active in Business Minimum of Six Months
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14 M/WBE Procedures Manual Recommendations Update the Current Procedures Manual Adopt the October 2009 Draft Procedures Manual as an Administrative Order, or Approve Manual and Change Ordinance to Authorize the Compliance Officer “to Act as Provided for in Certification Guidelines Implementing this Ordinance and Other Policies”
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15 M/WBE Advisory Committee Recommendations Advisory Committee Should Fulfill its Advisory Role Function Improve Attendance of Committee Members at Meetings Establish Separate M/WBE Appeals Committee with Voting members Comprised Entirely of Certified M/WBE Firms
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16 Qualifications and Ability to Perform/Market Area Recommendations Continue Requirements: Qualifications and Capability to Perform a Specific Line of Business Certifying Only M/WBEs within Local Area (OMSA)
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17 Reciprocity Recommendation Differing Requirements Among Various Agencies: OMSA Net Worth Qualifications and Capability to Perform Schedule Review After Majority of Approved Recommendations are Completed
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18 Simplification and Streamlining Recommendations Continue Current Efforts to Improve Web Site Application Status Log “FAQ” Section “What’s New” Section “M/WBE of the Month” Section Review Web Site on a Monthly Basis Favorably Consider Adoption of an Interactive Certification Application Process
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19 Conclusions Processing Time Adversely Affected by Sudden Increase in Applications Ordinance and Manual Essentially Effective Retain Requirements Re Ability to Perform & Location Implement Legal Review Recommendation Processing Goal (60 Days) Reasonable Causes of Denial Appear Valid
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Conclusions Mandatory Workshops/Active Business Advisory Committee Changes Essential Reciprocity Technology/Web Site Changes/Interactive Program Will Favorably Simplify/Streamline Process 20
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