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Review of Orange County M/WBE Certification Process. Lloyd W. Fernald, D.B.A. Professor Emeritus University of Central Florida. Overview. Findings & Recommendations Staffing & Processing Standards M/WBE Ordinance Provisions Policies & Procedures Manual

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lloyd w fernald d b a professor emeritus university of central florida

Review of Orange County M/WBE Certification Process

Lloyd W. Fernald, D.B.A.

Professor Emeritus

University of Central Florida

overview
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
staffing processing standards
Staffing & Processing Standards

Applications Received

Backlog caused by venues:

New Arena, Performing Arts, Citrus Bowl

Percentage Processed within 60 days

m wbe ordinance provisions
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.”
m wbe ordinance provisions1
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
m wbe ordinance provisions2
M/WBE Ordinance Provisions
  • Roles of the M/WBE Advisory Committee:
    • Provide Advice to Compliance Officer and Board
    • 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

policies procedures manual
Policies & Procedures Manual
  • Implements the Ordinance
  • Comprehensive & Detailed
  • Currently Being Updated
  • County Attorney Legal Review
processing statistics and comparisons
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
processing delays
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
causes for denial
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
m wbe forum comments
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
staffing recommendations
Staffing Recommendations
  • Current Staffing is Marginally Adequate
    • Senior Contracts Administrator
    • Compliance Officer
    • Program Specialist (Part-Time Clerical)
    • Train Other Staff to Perform Certification Duties
processing standards recommendations
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
m wbe procedures manual recommendations
M/WBEProceduresManual 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”
m wbe advisory committee recommendations
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
qualifications and ability to perform market area recommendations
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)
reciprocity recommendation
Reciprocity Recommendation
  • Differing Requirements Among Various Agencies:
    • OMSA
    • Net Worth
    • Qualifications and Capability to Perform
  • Schedule Review After Majority of Approved Recommendations are Completed
simplification and streamlining recommendations
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
conclusions
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
conclusions1
Conclusions
  • Mandatory Workshops/Active Business
  • Advisory Committee Changes Essential
  • Reciprocity
  • Technology/Web Site Changes/Interactive Program Will Favorably Simplify/Streamline Process