The mayor, the finance director and the purchasing agent, with the approval of the board of contract and purchase, are authorized on behalf of the city to enter into one or more joint agreements with one or more other state municipalities for the purpose of purchasing materials, supplies, tools and other items common in usage with such other municipalities.
(Prior code § 2-29.1)
The mayor, the finance director and the purchasing agent, with the approval of the board of contract and purchase, are authorized to seek the services of the State Division of Purchases for procuring items necessary to the operation of the city, which items are in common usage to those procured by the state. Such officials are authorized to file with the state purchasing agent a certified copy of this division as evidence of authorization to participate in purchase contracts of the state purchasing agent. The city will be bound by such terms and conditions as the state purchasing agent may prescribe and will be responsible for payment directly to the vendor under each purchase contract.
(Prior code § 2-29.2)
Pursuant to Chapter 23-19.7-6(b) of the General Laws of Rhode Island, the Cranston city council, after a siting or impact agreement has been negotiated, shall have the power to approve or reject any such siting or impact agreement. Said approval or rejection shall be by ordinance of the city council.
(Prior code § 2-29.3)
No real estate owned by the city shall be offered for sale by the purchasing agent under the powers and duties given to the purchasing agent, under Section 7.08 of the charter, until the market value for said real estate shall have been established by a real estate appraiser licensed to appraise property by the state of Rhode Island. Said appraisal shall be a written appraisal and shall conform with the standards as set forth in the General Laws of the state of Rhode Island.
A. 
In the event that the real estate to be sold is zoned for commercial or industrial use or is designated by the Cranston comprehensive plan as commercial or industrial real estate, then the appraiser chosen shall be licensed by the state of Rhode Island as a commercial appraiser.
B. 
In the event that the real estate to be sold is zoned for residential use, or is designated by the Cranston comprehensive plan as residential real estate, then the appraiser chosen shall be licensed by the state of Rhode Island as a residential appraiser.
C. 
All appraisers shall be retained in accordance with Title 45, Chapter 55 of the General Laws of the state of Rhode Island, 1956, as amended.
D. 
When, in the opinion of the purchasing agent, the market value of the real estate being sold is so low that the cost of a written appraisal, as set forth above, is not justified, then the purchasing agent, with the approval of the Cranston city council, is hereby authorized to accept a broker's opinion of value, in lieu of a written appraisal.
E. 
No real estate or building belonging to the city of Cranston shall be sold, conveyed or leased without the prior approval of the city council, as granted from time to time by ordinance.
F. 
Upon the sale of any such real estate or building, the proceeds of such sale shall be placed in a restricted account for future capital expenditures or shall be used to pay down bonded indebtedness.
(Prior code § 2-29.4; Ord. 04-10 § 2)
A. 
All appraisals done for or on behalf of the tax assessment board of review of the city, shall be completed in accordance with Section 3.08.040 of the code.
B. 
The tax assessment board of review shall be comprised of three members, no more than two of whom shall be members of the same political party and two alternates whom shall not be of the same political party. Members and alternates shall serve for a term of three years, with vacancies to be filled for the remaining portion of the unexpired term.
C. 
The tax assessment board of review members are to be paid three thousand dollars ($3,000.00) per year, and alternates shall be paid fifty dollars ($50.00) per meeting not to exceed three thousand dollars ($3,000.00) per year when sitting as a member:
1. 
A meeting is conducted in accordance with the open meetings statutes of Rhode Island state law and other applicable statutes.
2. 
Minutes shall be kept of each meeting including the reasons for denial or approval of each appeal.
3. 
No person shall serve more than six consecutive years on the tax assessment board of review.
(Prior code § 2-29.5; Ord. 2011-24, § 1, 6/27/2011; Ord. 2013-35, § 1, 10/28/2013; Ord. 2026-11, 5/18/2026)
A. 
The board of contract and purchase shall meet on the first and third Tuesday of every month at 6:00 p.m. in the Cranston City Hall. If a regularly scheduled meeting should fall on a holiday or have to be postponed for some act of God, then said meeting may be held either on the day immediately following the regularly scheduled meeting or on the next available regularly scheduled meeting date. In the event of an emergency affecting the public safety, health or welfare, on the written recommendation of the purchasing agent, additional meetings of the board of contract and purchase may held provided that written public notice of said meeting, as provided for in Chapter 42-46 of the General Laws of the state of Rhode Island, 1956, as amended, is given. The agenda, the time and the location of each meeting, excepting an emergency meeting as hereinabove provided, shall be advertised in a paper of local circulation at least one week prior to the meeting. No meeting or vote of any kind of the board of contract and purchase shall be conducted by means of electronic communication. The board of contract and purchase shall keep written minutes of all of its meetings. The minutes shall include, but need not be limited to:
1. 
The date, time, and place of the meeting;
2. 
The members of the board of contract and purchase recorded as either present or absent;
3. 
The name and address of any person speaking on a particular agenda item;
4. 
An outline or condensed version of the discussion regarding a particular agenda item;
5. 
In the case of a bid opening, the name and address of such bidder and the amount of their bid;
6. 
A record by individual members of any vote taken.
B. 
The board of contract and purchase shall neither consider nor vote on any matter other than a procedural matter or emergency matter which is not on the agenda or has not been advertised for said meeting as provided for in subsection (A).
C. 
No contract awarded by the board of contract and purchase, other than in an emergency as provided for in subsection (A), shall be extended or amended, nor shall any change order be adopted unless said extension, amendment or change order is advertised and approved by the board of contract and purchase at a regularly scheduled or emergency meeting.
D. 
No contract awarded by the board of contract and purchase shall be extended or amended if the result of said extension or amendment is to materially alter the terms of the original contract. A "material alteration," for the purposes of this section, is an alteration or extension of a contract which increases the original contract amount by more than fifteen (15) percent. Any contract, which the board wishes to materially alter, must be rebid.
E. 
No payment shall be authorized nor made for any work not approved by the board of contract and purchase when said board approval is required by either the Cranston city charter or ordinance enacted thereunder.
F. 
The board of contract and purchase shall consist of the following members:
1. 
The director of public works.
2. 
The director of finance.
3. 
The president of the council or his or her designee shall appoint one private citizen, who shall be a person skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year.
4. 
Two private citizens, who shall be persons skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year by the leader of the majority party in the council.
5. 
Two private citizens, who shall be persons skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year by the council minority leader or if there be no such a minority member of the council then the appointment shall be made by the city chairperson of the political party whose endorsed candidate for a city wide council seat received the most votes next after the lowest number of votes cast by the electorate for a successful candidate for a city wide council seat in the preceding election or his or her designee.
6. 
Any vacancy on board of contract and purchase shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
G. 
The chair of said board of contract and purchase shall be designated by the council president from among the public members.
H. 
The chair of said board of contract and purchase shall review the meeting agenda and written minutes of any meetings.
(Prior code § 2-29.6; Ord. 03-17 §§ 1, 2; editorially amended during 2004 recodification; Ord. 2024-6, § 1, 3/25/2024)
A. 
These regulations are adopted pursuant to Section 6 of Chapter 55 of Title 45 of the Rhode Island General Laws to provide for the conduct of competitive negotiations in accordance with paragraph (1) thereof for use in the award of contracts by the city and shall apply only to procurements undertaken in accordance therewith.
B. 
Notwithstanding the provisions of the city purchasing manual with regard to the award of contracts by the city, a contract may be awarded by the city through a process of competitive negotiation as outlined in Section 6 of Chapter 55 of Title 45 of the Rhode Island General Laws and the ordinance codified herein if the purchasing agent for the city (the "purchasing agent") determines in writing at any time, whether prior to the issuance of bid documents or after such issuance but before the contract is awarded, that the use of competitive sealed bids for the award of the contract by the city, as set forth in Section 5 of Chapter 55 of Title 45 of Rhode Island General Laws, is not practicable. A determination to conduct a competitive negotiation process after a competitive sealed bidding process has been commenced may be made pursuant to either: a. Paragraph (I) of Section 6 of Chapter 55 of Title 45 of the Rhode Island General Laws and these regulations; b. Paragraph (3) of Section 6 of Chapter 55 of Title 45 of the Rhode Island General Laws; or c. Section 7 of Chapter 55 of Title 45 of the Rhode Island General Laws, each independent of procedural alternatives. In making a determination as to the practicability of competitive sealed bidding for purposes of these regulations, the purchasing agent shall consider and address in writing the following factors:
1. 
Whether specifications can be prepared that permit award on the basis of either the lowest qualified bid price or the lowest qualified evaluated bid price;
2. 
Whether the available sources, the time and place of performance, and other relevant circumstances are appropriate for the use of competitive sealed bidding;
3. 
Whether the judgement is required in evaluating competing proposals and it is in the best interest of the city to require a balancing of price, quality, experience and other factors;
4. 
Whether the contract involves the use of complex and/or innovative technologies such that the competitive sealed bidding process would not be appropriate for comparison of competing technologies;
5. 
Whether the expected total contract price is in excess of one million dollars ($1,000,000.00) or the term of the contract not involving a sale is greater than three years that a competitive negotiation process would better result in a contract that optimally protects the interest of the city;
6. 
Whether the contract is expected to involve multiple, complex or diverse services or elements of performance that lend themselves to an evaluation of offers on a basis other than lowest bid price or lowest qualified evaluated bid price;
7. 
Whether the bids that have been or will be received can be properly clarified, developed and evaluated in the best interest of the city and a contract developed without the use of competitive negotiation process; and
8. 
In the event bids have been received, whether the contents of such bids enable a determination to be made as to the lowest bid price.
If a determination that the use of competitive sealed bidding is not practicable has been made, then the procedures of Section 6 of Chapter 55 of Title 45 of the Rhode Island General Laws and the ordinance codified herein shall be followed notwithstanding any otherwise applicable provisions of the city purchasing manual.
C. 
If the contract to be awarded by the city involves, in part or in whole, the sale or lease of real estate belonging to the city or any interest therein, then, in accordance with Section 7.09 of the city charter, the use of competitive bidding may be dispensed with if at any time there is a determination by the purchasing agent that such a process would not be practicable, as determined in accordance with this section and the written approval of a majority of all the members of the city board of contract and purchase.
D. 
Prior to or concurrent with any approval and award by the city board of contract and purchase of contracts that involve, in part or in whole, the sale or lease of real estate belonging to the city or any interest therein, such a contract shall be referred to the city council for consideration as to whether such contract results in a disposition of an interest in city real estate for purposes of Section 5 of Chapter 2 of Title 45 of the Rhode Island General Laws. If the city council fails to make a determination within forty-five (45) days of referral and the city or the public will retain some or all of the use or benefits of the real estate, such contract shall be deemed to not effectuate a disposition of an interest in city real estate for purposes of Section 5 of Chapter 2 of Title 45 of the Rhode Island General Laws.
E. 
In undertaking a competitive negotiation process for the award of a contract pursuant to this section, the purchasing agent, or such other appropriate person(s) as designated in writing to the city council by the mayor (as applicable the "designated officer"), shall comply with the following procedures:
1. 
A request for proposals shall be developed which shall indicate the relative importance of price and other evaluation factors (which may include to the extent appropriate, without limitation, previous experience on similar projects, previous similar projects with the city, financial status and the adequacy of financial guarantees of performance, technical feasibility of proposal, degree and types of contractual risk assumed, guarantees of performance to be provided, ability to meet its construction and/or performance guarantees, and commitment to affirmative action), and may include other appropriate items, including without limitation, detailed performance or design specifications, as appropriate; environmental standards which must be conformed with; a description of other services that may be required; and any other information deemed appropriate by the designated officer.
2. 
Adequate public notice of the request for proposals shall be given in the manner provided in Section 45-55-5(3) of the Rhode Island General Laws.
3. 
Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the city, taking into consideration price and the evaluation factors set forth in the request for proposals.
4. 
Alternatively, at any time, the city may reject all proposals and seek new proposals or discontinue the process if the designated officer finds such action to be in the best interests of the city.
5. 
Written or oral discussions shall be conducted with all responsible offerers who submit proposals determined in writing to be reasonably susceptible of being selected for award. Discussions shall not disclose any information derived from proposals submitted from competing offerors. Discussions need not be conducted:
a. 
With respect to prices when such prices are fixed by law or regulation, except that in such instance consideration shall be given to competitive terms and conditions;
b. 
Where time of delivery or performance will not permit discussions; or
c. 
Where it can be clearly demonstrated and documented from the existence of adequate compensation or accurate prior cost experience with the particular supply, service, or construction item, that acceptance of an initial offer without discussion would result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that award may be made on the basis of the initial offers.
6. 
If, during such discussions, the designated officer decides to substantially revise the request for proposals, it shall notify each and every offeror of any such revision or revisions and afford each offeror the opportunity to submit a revision to its proposal.
7. 
The city shall be deemed to have entered into the negotiation phase of the discussion process pursuant to Section 6 of Chapter 55 of Title 45 of the Rhode Island General Laws at such time as the designated officer makes a determination to do so and notifies each of the offerors in writing of such determination.
8. 
Discussions, including negotiations, may concern such topics as are considered appropriate by the designated officer and may continue for such duration as the designated officer considers appropriate under the circumstances. The designated officer may discontinue discussions with any offeror at any time based upon a determination by the designated officer that the applicable proposal, as submitted by and discussed with the discontinued offeror, is not advantageous to the city at the time of discontinuance. Discussions may be resumed with any discontinued offeror at any time based upon a determination by the designated officer that in light of the course of discussions with the other offerers; resumption with a discontinued offeror may result in such offeror's proposal being determined in the future to be the most advantageous to the city.
9. 
The designated officer may extend the deadline for the submission of proposals or revisions to proposals as the designated officer deems appropriate but such extension shall apply to all applicable parties, not to exceed one year.
10. 
The designated officer shall comply with such other procedures adopted by the city for the competitive negotiation process from time to time.
(Prior code 2-29.7)
A. 
Purpose. The purpose of this section is to minimize the public health risks associated with exposure to diesel particulate emissions by establishing requirements relating to the use of ultra low sulfur diesel fuel and best available retrofit technology by non-road and on-road diesel vehicles used in city construction projects, and by city owned, leased or operated diesel vehicles.
B. 
Definitions.
"Best available retrofit technology"
means technology verified by the United States Environmental Protection Agency (US EPA) or the California Air Resources Board that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies that is applicable to the particular engine and application. Such technology shall not result in a net increase in nitrogen oxides.
"City"
means the city of Cranston, its agencies, boards, commissions, and departments, including, but not limited to, the department of parks, the department of public works, and the water supply board.
"Contract"
means a contract with the city for construction projects having a total cost of two million dollars ($2,000,000.00) or more, funded in whole or in part by state and federal monies, and involving the abatement, construction, demolition, rehabilitation, renovation, restoration, or repair of any building, structure, tunnel, excavation, roadway, park or bridge; or the preparation for such construction projects; or any final work involved in the completion of such projects.
"Contractor"
means any entity or person that enters into an agreement or contract with the city, or any entity or person that enters into an agreement with such person or entity (including subcontractors and their subcontractors and suppliers), to perform work or provide goods or services related to such contract.
"Director of public works"
means the city director of public works.
"Goods and services"
means labor, services, material and/or equipment provided to the city.
"Level 1 control"
means a verified diesel emission control device that achieves a particulate matter (PM) reduction of twenty-five (25) percent or more compared to uncontrolled engine emissions levels.
"Level 2 control"
means a verified diesel emission control device that achieves a particulate matter (PM) emission reduction of fifty (50) percent or more compared to uncontrolled engine emission levels.
"Level 3 control"
means a verified diesel emission control device that achieves a particulate matter (PM) emission reduction of eighty-five (85) percent or more compared to uncontrolled engine emission levels, or that reduces emissions to less than or equal to 0.01 grams of (PM) per brake horsepower-hour. Level 3 control includes repowering or replacing the existing diesel engine with an engine meeting US EPA's 2007 Heavy-duty Highway Diesel Standards, published in the federal register at 66 Fed. Reg. 5001 (January 18, 2001), or in the case of a non-road engine, an engine meeting the US EPA's Tier 4 Non-road Diesel Standards, published in the federal register at 69 Fed. Reg. 38957 (June 29, 2004).
"Non-road engine"
means an internal combustion engine (including the fuel system) operating on diesel fuel not used in a motor vehicle or a vehicle used solely for competition or that is not a stationary source, except that this term shall apply to internal combustion engines used to power generators, compressors or similar equipment used in any construction project.
"Non-road vehicle"
means a vehicle that is powered by a non-road diesel engine seventy-five (75) horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, backhoes, bulldozers, compressors, cranes, excavators, generators, and similar equipment; non-road vehicles do not include locomotives or marine vessels.
"On-road vehicle"
means any self-propelled vehicle designed for transporting persons or property on a street or highway that operates on diesel fuel, and that has a gross vehicle weight rating of fourteen thousand (14,000) pounds or more.
"Stationary generator"
means a non-mobile machine that uses diesel fuel to produce electrical energy.
"Ultra low sulfur diesel fuel"
means diesel fuel that has a sulfur content of no more than fifteen (15) parts per million.
C. 
Use of ultra low sulfur diesel fuel and best available retrofit technology in non-road and on-road vehicles.
1. 
Contingent upon the availability of city, state or federal funds to be utilized for purchasing and installing retrofit technology, and diesel-powered non-road or on-road vehicle that is owned, leased, and/or operated by the city, on and after January 1, 2011, shall:
a. 
Be powered by ultra low sulfur diesel fuel; and
b. 
Utilize the most cost-effective retrofit technology in terms of particulate pollution reduction per dollar spent.
2. 
Any solicitation by the city for a contract for a construction project, and any contract entered into as a result of such solicitation, on or after January 1, 2011, shall include a specification that all contractors in the performance of such contract shall:
a. 
Use ultra low sulfur diesel in diesel-powered non-road and on-road vehicles; and
b. 
Utilize the most cost-effective retrofit technology in terms of particulate pollution reduction per dollar spent.
c. 
Prohibit the use on the project site of non-road and on-road vehicles powered by a model year 1993 or older diesel engine, unless those vehicles have been upgraded to meet EPA Tier 1 standards for new on-road or non-road diesel engines, as applicable, and retrofitted with Level 1 control; and
d. 
Prohibit the use on the project site of non-road and on-road vehicles powered by a model year 1993 or older diesel engine on and after January 1, 2014.
3. 
Upon provision by the contractor to the director of public works of appropriate and sufficient documentary evidence, subsections (C)(1)(b), (C)(2)(b), (C)(2)(c) and (C)(2)(d) of this section shall not apply to:
a. 
Any diesel-powered non-road or on-road vehicle on the project site working five days or less over the life of the project;
b. 
City-owned vehicles that are specially equipped and used for emergency response, as well as other vehicles that are operated under a contract for emergency response; and
c. 
City-owned or contracted vehicles and equipment used exclusively for snow removal.
D. 
Funding.
1. 
With respect to each application by the city for funding from the state of Rhode Island and/or the federal government for a contract, the cost of the construction project(s) applied for shall include the full cost of the emissions reductions measures required in subsection (C)(1) and subsection (C)(2). Furthermore, the city shall make regulations which may apply a cap as the city deems appropriate to such reimbursement.
2. 
All incremental equipment and installation costs incurred by a contractor for a specific project that are necessary to bring non-road and on-road vehicles into compliance with the provisions of subsection (C)(2)(b) shall be fully reimbursed from project funds, provided that:
a. 
The control technology is installed before the applicable vehicle is brought onto the project site;
b. 
The contractor submits documentation, including the technology type, EPA/CARB verification number/control level, manufacturer, make, model, serial number and installation date, proving by date that the technology was installed for this project and certifying that the expenditure for installation was not previously reimbursed by any public agency or public contract; and
c. 
The control technology is installed prior to January 1, 2014.
3. 
Retrofits installed with funds from a construction program shall remain on the diesel-powered non-road and on-road vehicle for the useful life of the emission control device or the equipment.
4. 
Incremental equipment and installation costs incurred by a contractor that are reimbursable under subsection (D)(2) shall be included in the budget for the project and will not be considered in the contractor's bid.
E. 
Compliance.
1. 
Thirty (30) days before beginning work, the contractor shall submit to the director of public works for approval a list of all diesel-powered non-road and on-road vehicles, and stationary generators to be used on the project. The list shall include the following:
a. 
Contractor and subcontractor name and address, plus contact person responsible for the vehicles or equipment; and
b. 
Equipment type, manufacturer, engine model year, engine certification ECM calibration, horse-power, plate, serial number, and expected fuel usage and/or hours of operation; and
c. 
For the pollution control technology installed: Technology type, serial number, make, model, manufacturer, EPA/CARB verification number/level, and installation date.
2. 
If the contractor subsequently needs utilize project site equipment not on the list, the contractor shall submit for prior approval written notification that attests the equipment complies with all contract conditions.
3. 
During periods of inactivity, idling of diesel-powered non-road and on-road vehicles shall be minimized and shall not exceed the time allowed under state and local laws.
F. 
Enforcement.
1. 
In the event of a violation of any provision of this section, except as provided in subdsections b and c of this section, the contractor shall be liable to pay to the city a civil penalty in the amount of up to five thousand dollars ($5,000.00) for each violation, with each piece of non-complying equipment and each day of noncompliance being a separate violation, not to exceed a total of twenty-five thousand dollars ($25,000.00) for any one piece of equipment.
2. 
No contractor shall make a false statement or claim with respect to any matter material to compliance with the provisions of this section to the city. Any contractor making such a false statement shall pay the city a civil penalty in the amount of up to ten thousand dollars ($10,000.00) for each such statement.
3. 
In the event a retrofit installed with funds from a construction project is removed or swapped onto another vehicle, the contractor in violation shall pay to the city a civil penalty not to exceed to ten thousand dollars ($10,000.00) for each piece of non-complying equipment.
G. 
Regulations. Within six (6) months of the effective date of the ordinance codified in this chapter, the director of public works shall promulgate regulations implementing the provisions of this section.
(Ord. 2010-7, § 1, 4/26/2010)
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.
"Certified"
means any bidder or contractor deemed to be certified within the meaning of this chapter.
"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.
"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;
2. 
Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race;
3. 
American Indian or Native American or Alaskan Native. A person having origins in any of the original peoples of North America;
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 (51) percent owned by one or more minorities or women and, in the case of a publicly owned business, at least fifty-one (51) percent 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.
(Ord. 2022-25, § 1, 7/25/2022)
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.
(Ord. 2022-25, § 1, 7/25/2022)
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.
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.
(Ord. 2022-25, § 1, 7/25/2022)
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.
(Ord. 2022-25, § 1, 7/25/2022)
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 (10) percent 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 years to ascertain the need for adjustments to and/or termination of the program so long as program goals have been achieved.
(Ord. 2022-25, § 1, 7/25/2022)