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HomeMy WebLinkAboutReso 129-85 MinorityBusEnterPgm RESOLUTION NO. 129-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SETTING GOALS FOR THE MINORITY BUSINESS ENTERPRISE PROGRAM WHEREAS, on January 9, 1984, the City Council of the City of Dublin adopted Resolution No. 2-84 establishing a Minority Business Enterprise Program; and WHEREAS, the City of Dublin is proposing to conduct various street improvements funded in a major part with Federal Funds; and WHEREAS, it is a requirement of the Federal Government that agencies receiving Federal monies for public works projects establish a minority enterprise program, set goals, and implement the program; and WHEREAS, it is in the best interest of the general public to encourage minority participation in construction; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby amend Exhibit A of the City of Dublin Minority Business Enterprise Program setting the period for goal establishment as July 1, 1985 to June 30, 1986. PASSED, APPROVED, AND ADOPTED this 9th day of December , 198~. AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT: None ATTEST: City 'Clerk ' CITY OF DUBLIN MINORITY BUSINESS ENTERPRISE PROGRAM I. Policy Statement It is the policy of the City of Dublin (hereinafter referred to as "City") to utilize Minority Business Enterprises in all aspects of contracting to the maximum extent feasible. This policy is fully described in this City Minority Business Enterprise Program which constitutes City policy and a commitment to substantially increase Disadvantaged Business and Women's Business utilization. This policy includes any program or facility funded wholly or in part by any U.S. Department of Transportation modal element, through City. City of Dublin, its contractors and subcontractors, which are the recipients of Federal Aid funds, agree to ensure that minority business enterprises have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, City and all of its contractors and subcontractors will take all reasonable steps in accordance with 49CFR23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. -1- II. Minority Business Enterprises (MBE) Liaison Officer City Engineer, (415)829-4927, is the MBE Liaison Officer for the City and shall report to the City Manager. MBE Liaison Officer will be assigned such staff as is necessary to fully implement the provision of 49CFR Part 23 and such other MBE programs as may be required. III. Duties of the MBE Liaison Officer The MBE Liaison Officer shall develop, manage, and implement the MBE Program on a day-to-day basis. The Liaison Officer shall: - Provide technical assistance to MBE's when requested. - Arrange solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules, so as to facilitate the participation of MBE,s. Where such changes are found necessary to increase MBE utilization, they will be made in consultation and cooperation with the functional unit involved. - Carry out information and communication programs on contracting opportunities in a timely manner. - Investigate the services offered by banks owned and controlled by minorities or women. Ensure that, where feasible, City utilizes said banks.· - Utilize a listing of MBE's certified by Caltrans. Said listing to be made available to all bidders on City projects. Such listing will include the following information: Name, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. - Approve any removal and/or substitution of a Minority Business Enterprise during contract performance. Prior to approval of subsitution and/or removal of MBE, prime contractors will be required to prove performance of good faith efforts to replace the MBE with another eligible MBE. - Establish overall goals for both disadvantaged and women's business enterprises. Goals shall be evaluated on June 30 of each year and adjusted as necessary. - Maintain such documentation as is necessary to verify City performance of the above activities. IV. Establishment of Overall MBE Goal The City will establish an overall goal for its use of MBE's. This goal will be updated annually as of June 30 of each year. The City overall goal and the methodology used to determine the goal for the fiscal year beginning July 1 is shown on Attachment A. V. Contract Goals All projects receiving U.S.D.O.T. funds will be evaluated for the appropriateness of MBE goals. Projects will be evaluated and goals established, utilizing the following criteria: - Size of project. - Opportunities for MBE's as subcontractors, vendors, suppliers. - Minority population of county in which work is to be performed. - Existing MBE goals being utilized in the project area by other State, Federal, or local jurisdictions. -2- - Availability of MBE's. - Past experience on projects similar to the project being evaluated. - Such other factors as may affect the utilization of MBE's. Each project will be evaluated in conformance with the above criteria. Complete documentation of every project so evaluated will be retained. Contracts which do not contain specific goals will contain the following provisions. (1) Policy. It is the policy of the City that minority business enterprises as defined in 49CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole, or in part, with Federal funds under this agreement. Consequently, the MBE requirements of 49CFR Part 23 apply to this agreement. (2) MBE Obligation. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49CFR Part 23 have the maximum opportunity to participate in the performance on contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of D.O.T.- assisted contracts. VI. Public Notification At the time of submittal of this program to the U.S. Department of Transportation, City will publish a notice in both minority and majority local media. Said publication shall: - Announce the City overall goals. - Inform the public that the goals and a description of how they were set are available for public inspection for a period of 30 days. - Inform the public that both U.S.D.O.T. and City will accept comments on the goals for 45 days from the date of the notice. - Advise interested parties that comments are for informational purposes only. VII. Contract Procedure This plan shall be implemented through the utilization of a contract special provision which is attached hereto. These procedures require bidders to submit the names of MBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each MBE subcontract. VIII. MBE Notification Projects will be advertised in local newspapers and minority focus newspapers when possible. These ads will include reference to MBE requirements and will indicate DBE and WBE goals set by the City. MBE assistance centers will receive notification of projects scheduled to be advertised. Assistance Centers, Minority Business Development Centers, and Program Management Centers will receive complimentary plans and specifications for projects within their geographical area of responsibility. -3- IX. Banks Owned By the Disadvantaged and By Women City will encourage all contractors to use the services of banks owned and controlled by the disadvantaged and by women. This encouragement will be disseminated during pre-bid and pre- construction conferences (if scheduled) and in the contract specifications. X. Selection Criteria for Contracts with MBE Goals Every contract containing MBE goals shall be evaluated by the MBE Liaison Officer or his/her designee to ascertain bidding contractors' efforts to attain MBE goals. The MBE Liaison Officer must concur with the award of any project with MBE goals before said project may be awarded. Should there be disagreement between City's functional units concerning contractors' efforts to attain contract goals for MBE participation, the matter shall be referred to the City Engineer or his/her designee for final determination. Competitors that fail to meet the MBE goals and fail to demonstrate sufficient reasonable efforts shall not be eligible for award of the contract. Any contracts that contain MBE goals, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The MBE Liaison Officer is to be immediately advised of any circumstances wherein contractor compliance with the MBE provision is questionable. The contractor shall submit a final report for each project with MBE goals which includes total payments to the prime contractor as well as payments the prime contractor has made to MBE subcontractors, vendors, and suppliers. If the report indicates the prime contractor has not achieved the project goals, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goals and any corrective action that was taken. Prime contractors will be required to notify City personnel of any situation in which regularly scheduled progress payments are not made to MBE subcontractors, vendors, or suppliers. XI. Set-Asides If determined necessary by the MBE Liaison Officer, City will consider the use of MBE set-asides as a tool to achieve the overall City goal. XII. Counting MBE Participants City, its contractors and subcontractors, shall count MBE participation in accordance with the provisions of Section 23.47, Title 49, of the Code of Federal Regulations. XIII. Records and Reports The MBE Liaison Officer shall maintain such records and provide such reports as are necessary to ensure full compliance with this policy. Such records and reports shall include, as a minimum, the following information: - Procedures which have been adopted to comply with this MBE policy. - Awards to MBE's. - Final project reports concerning MBE utilization. - Such other data as is needed to fully evaluate City compliance with this program. The MBE Liaison Officer shall submit reports to Caltrans and the U.S.D.O.T. elements as required. These reports will include: -4- - Number and dollar value of contracts awarded. - Number and dollar value of contracts and subcontracts awarded to MBE's. - Description of general categories of contracts awarded to MBE's. - The percentage of the dollar value of all contracts awarded during the quarter which were awarded to MBE's. - Indication as to the extent of which the percentage met or exceeded the overall City goal. - A breakdown by ethnic grouping and by sex. XIV. MBE Listinq City will utilize a listing of firms certified by Caltrans to be Minority Businesses in accordance with the D.O.T. order. This listing will be developed and maintained in accordance with Sections 23.51, 23.53, 23.55, and 23.87 of 49CFR. This listing shall be made available to prospective contractors at no charge. Contractors will be permitted to rely upon the authenticity of firms listed in this Directory. A contractor desiring to use an MBE not included in the Caltrans certified listing will be allowed to do so, but will be required to provide the appropriate certification from the MBE before such participation is counted towards the award of the project. XV. Complaints Any complaints received by the City concerning this program will be investigated by City. City will endeavor to resolve said complaints within 90 days of receipt by the MBE Liaison Officer. The appropriate D.O.T. element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigation/resolution. The D.O.T. element and Caltrans will receive a complete investigative report on the complaint and may be requested to concur in the proposed disposition of said complaint. Contractors will be directed to notify City of any complaints they may receive concerning this program. -5- EXHIBIT A MINORITY BUSINESS ENTERPRISE GOAL AND STATEMENT CITY OF DUBLIN December 9, 1985 FOR ATTACHMENT TO MINORITY BUSINESS ENTERPRISE PROGRAM The goals for Disadvantaged Business Enterprise and Women's Business Enterprise for the City of Dublin for the period of July 1, 1985 through June 30, 1986 are as follows: Disadvantaged Business Enterprise: 10% Women's Business Enterprise: 1% This is by instruction from CalTrans that the goal for all federally funded projects must have at least ten percent (10%) of Federal Funds expended to Disadvantaged Business Enterprises and one percent (1%) expended to Women's Business Enterprise. -6-