I recently 202 3/12/08 - WHOLE - BILL 080156 learned that the Ford Crown Victoria that we use for police vehicle is made in Canada. For years I've been telling people that have called me that sell foreign cars that we don't buy foreign cars. Could you set me straight on what exactly is the policy? Because I see Priuses in our fleet. At the St. Patrick's Day Parade I saw BMW motorcycles. Is it just a wive's tale that we can't buy a foreign car for City service? Could you just set me straight on what exactly should I be telling people that sell Toyota or Suzuki or whatever, especially when they point out to me that the Crown Victoria is made in Canada? COMMISSIONER ORTMAN: Councilman, I would guess it was about eight years ago when somebody asked me that question, and I haven't heard anybody discussing it since. And there 203 3/12/08 - WHOLE - BILL 080156 is nothing in any literature that I have ever seen, any bids that I've ever seen that says that we have to buy American, if that's what you want to call it. I've never seen anything like that. It's probably a question you'll have to ask LFM, but it's nothing that I've ever actually seen.
So if there was a vehicle that was appropriate, like the BMW motorcycle that I saw at the parade, that would be appropriate for City service? The reason I'm asking, because some of the utility companies are starting to buy some very, very fuel-efficient foreign vehicles. Not that I'm not pro-America when it comes to vehicles, but if the Crown Victoria is not made in the United States of America, the exception is already there. It's a foreign car. It's made in Ontario, Canada, I believe. COMMISSIONER ORTMAN: I understand. 204 3/12/08 - WHOLE - BILL 080156
So should I be telling people that ask that question in the future, Pursue your business with Fleet Management or Procurement? Because, again, you just said that there is no prohibition -- COMMISSIONER ORTMAN: Not that I've ever seen.
-- for us to buy a foreign vehicle. Because the Toyota Prius, that new hybrid, is on a state contract, I believe, and the Health Department or the Water Department has them. So you're telling me here today it's okay, and I'm glad to hear that, that I'll just direct these people that have been asking that question, because I've been giving them bad information. I've been telling people for years we don't buy foreign cars because we're not allowed to, but it's good to hear that we can. COMMISSIONER ORTMAN: I have 205 3/12/08 - WHOLE - BILL 080156 never been told of any prohibition, no, and I've never seen it in any of the literature that's come through my office.
I think the old Chevy Impala is made in Michigan, not in Ontario, so that's a good thing. COMMISSIONER ORTMAN: We award to the lowest responsive and responsible bidder in these specifications. That's really all that I've ever done as far as vehicles are concerned.
Terrific. Thanks. And, again, congratulations, Commissioner. COMMISSIONER ORTMAN: Thank you.
Thank you. Are there any further questions of the Commissioner? (No response.)
206 3/12/08 - WHOLE - BILL 080156 Seeing -- Councilwoman Miller.
Thank you, Madam President. I actually don't have a question. I just want to make a comment. Good afternoon, Commissioner. COMMISSIONER ORTMAN: Good afternoon.
Are you new or were you here before? COMMISSIONER ORTMAN: I'm sorry?
Are you a new Commissioner or were you here prior to -- COMMISSIONER ORTMAN: I started January 19th when the previous Commissioner, Janet Hagan, retired, but I have been in the Procurement Department since 1995, with the City since 1992.
So you became Commissioner in 2008? COMMISSIONER ORTMAN: I'm 207 3/12/08 - WHOLE - BILL 080156 sorry?
In 2008? COMMISSIONER ORTMAN: Who is the Commissioner in 2008?
No. You became Commissioner January whatever 2008? COMMISSIONER ORTMAN: Of 2008, correct.
Okay. All right. Thanks. One thing I just want to say is that many times or sometimes it's my understanding that contractors ask for a waiver for minority participation. In the 8th District, will you please call me first? Because I do not like these waivers. COMMISSIONER ORTMAN: I'd like to -- I hope Carolyn Nichols is back behind us somewhere.
I don't want any waivers. COMMISSIONER ORTMAN: Carolyn 208 3/12/08 - WHOLE - BILL 080156 Nichols is the Director of MBEC.
I know she is, but it's my understanding that it comes through Procurement that grants the waiver. Is that true? COMMISSIONER ORTMAN: No, no. 8 Procurement does not grant waivers.
Well, one time I had a discussion with the previous Commissioner Gamble. Well, you may not remember. COMMISSIONER ORTMAN: I was there during his...
And it's my understanding it was granted through Procurement. But I don't want any waivers in the 8th District, whether it's Procurement, MBEC or whatever. I want minority participation. I want minorities to have the opportunity to bid or become part of a job. Okay? That's all I really want to say. COMMISSIONER ORTMAN: Oh, okay.
Thank 209 3/12/08 - WHOLE - BILL 080156 you. Thank you, Madam President.
Thank you. Any other questions or comments for the Commissioner? (No response.)
Seeing none, Commissioner, thank you very much. COMMISSIONER ORTMAN: Thank you.
Thank you. MR. McPHERSON: Our next agency is MBEC.
Please approach the witness table so we can get started. (Witness approached witness table.)
Kindly identify yourself for the record and proceed with your testimony. 210 3/12/08 - WHOLE - BILL 080156
Good afternoon, members of City Council. My name is Carolyn Nichols. I am the Acting Director of MBEC, and I'll proceed with my testimony. As you know, the City's Five-Year Financial and Strategic Plan for Fiscal Years 2009 through 2013 describes the Administration's plan to create an Economic Opportunity Cabinet that will oversee the implementation and monitoring of the City's contract participation goals for FY09 of 30 percent for minority-owned businesses, 15 percent for woman-owned businesses and five percent for disabled-owned businesses. The Cabinet will consist of the relevant City departments such as Commerce, Licenses and Inspections, Finance and Procurement in addition to quasi-governmental agencies. As part of this process, it is my understanding that MBEC will be reorganized and that the details are currently being developed. 211 3/12/08 - WHOLE - BILL 080156 MBEC is working to improve customer service standards in its core function of M/W/DSBE certification. Briefly, during calendar year 2007, MBEC initiated a weekly review process that includes reviewing pending certification and recertification applications with staff in order to standardize eligibility decisions and to resolve challenges to better expedite processing. MBEC set the standard of 90 days to complete new certification eligibility determinations, 60 days for recertification determinations and one week to complete reciprocal certification applications for M/W/DSBE firms certified by other governmental agencies. During calendar year 2007, MBEC certified 199 firms out of 256 pending applications and recertified 204 firms out of 244 recertification applications. In sum, MBEC certified 403 firms out of the 500 applications that were pending during 2007 and, therefore, achieved an 212 3/12/08 - WHOLE - BILL 080156 81 percent completion rate. The remaining 97 applications are in process. MBEC is making progress, because prior to 2007, the completion time for certification and recertification applications at times exceeded five to six months or longer. Based on weekly file reviews with staff in 2008, about 60 percent of certification and recertification applications are being completed within the established time standards. In addition, since 2006, MBEC has been conducting the review of 684 federal DBE-certified firms that had been grandfathered into the PA UCP program in 2004. As of December 31, 2007, with the assistance of a consultant and Pennsylvania Department of Transportation oversight, the reassessment of 625 firms was completed, with 59 reviews pending. The Fiscal 2009 obligation level is 1,452,421. FY09 funding levels remain constant with FY08 levels in all 213 3/12/08 - WHOLE - BILL 080156 classes, with the exception of an increase of $22,100 in Class 100. Budgeted positions also remain at the FY08 level of positions. 6 Thank you for your attention 7 and I am available to answer your 8 questions. 9
Thank 10 you. 11 Are there any questions from 12 members of the Committee? 13 (No response.) 14
Any 15 questions from members of the Committee? 16 (No response.) 17
This Committee will stand in recess until Monday, March the 24th at 10:00 a.m. Thank you all very much. (Committee of the Whole adjourned at 4:00 p.m.) 214 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on March 12, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)