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HomeMy WebLinkAboutReso 002-84 MinorityEnterBusPgm RESOLUTION NO. 02-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING A MINORITY ENTERPRISE PROGRAM AND SETTING GOALS FOR THIS PROGRAM WHEREAS, the City of Dublin is proposing to construct 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 interests of the general public to encourage minority participation in construction; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby establish and impelement a Minority Enterprise Program'in the City of Dublin. PASSED, APPROVED AND ADOPTED this 9 th day of January ., 1984. AYES: Councilmembers Drena, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None DP 83-20 CITY OF DUBLIN MINORITY BUSINESS PROGRAM I. Policy Statement It is the policy of the City of Dublin (hereinafter "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 Program which consitutes City pOlicy and a committment to substantially increase Minority Business and Female 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. Mayor II. Minority Business Enterprises (MBE) Liaison Officer City Engineer, (415) 829-4916, 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. -2- - Approve any removal and/or substitution of a Minority Business Enterprise during contract performance. Prior to approval of substitution 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 minority and female business enterprises. Goals shall be evaluated on September 30, of each year and adjusted as necessary. - Establish individual project goals for minority and female business enterprises. All projects will be evaluated for the appropriateness of goals. - Maintain such documentation as is necessary to verify City performance of the above activities. IV. Estabishment 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 September 30, of each year. The City overall goal and the methodology used to determine the goal for the fiscal year beginning October 1, is shown on Attachment A. V. Contract Goals Ail projects receiving U.S. DOT 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. -3- - 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. - Availability of MBE's. - Past experience on projects similar to the project being evaluation. - such other factors as may effect the utilization of MBE's. Each project will be evaluated in conformance with the above criteria. Complete documentation will be retained of every project so evaluated. 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 49 CFR 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 49 CFR Part 23 apply to this agreement." (2) "MBE Obligation. (i) The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to . participate in the performance on ctracts 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 49 CFR Part 23 to ensure that minority -4- 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 DOT-assisted contracts." MBE use on projects without goals will be reported to the Liaison Officer and will be included in City reports to Caltrans and to the appropriate DOT element. MBE use on such projects will be counted toward attainment of the overall goal. 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. DOT and City will accept comments on the goals for 45 days from the date of the notice. - The notice shall 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 -5- 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 MBE 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. IX. Minority and Female Owned Banks City will encourage all contractors to use the services of banks owned and controlled by minorities or females. This encouragement will be disseminated during pre-bid and pre- construction conferences (if scheduled) and 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 the MBE goals. The award of any project with MBE goals must be concurred with by the MBE Liaison Officer or his/her designee before said contract 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. -6- Competitors that fail to meet the MBE goals and fail to demonstrate sufficient reasonable efforts shall not be eligible to be awarded the contract. Any contracts that contain MBE goals, pursuant to this policy, will be monitored on an ongoing basis by projet 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. -7- 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. DOT elements as required. These reports will include: - Number and dollar value of contracts awarded. - Number and dollar value of contracts and subcontracts awarded to MBE~'s. - Description to 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. - Reports shall be broken down separately by ethnic grouping and sex. -8- XIV. MBE Listing City will utilize a listing of firms certified by Caltrans to be Minority Businesses in accordance with the DOT Order. This listing will be developed and maintained in accordance with Sections 23.51, 23.53, 23.55 and 23.87 of 49 CFR. 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 award of the project. XV. Complaints Any complaints received by 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 DOT element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigation/resolution. The DOT element and Caltrans will receive a complete investigative report on the complaint and may be requested to concur in the proposed disposition and said complaint. Contractors will be directed to notify City of any complaints they may receive concerning this program. -9- EXHIBIT A MINORITY BUSINESS ENTERPRISE GOAL, STATEMENT CITY OF DUBLIN January 9, 1984 FOR ATTACHMENT TO MINORITY BUSINESS ENTERPRISE PROGRAM The goals for Minority Business Enterprise and Female Business Enterprise for the City of Dublin for the period of January 1, 1984, through September 30, 1984, and October 1, 1984, through September 30, 1985, are as follows: Minority Business Enterprise 10% Female Business Enterprise 1% This is by instruction from Cal Trans that the goal of all Federally funded projects must have at least 10% of Federal funds expended to Minority Business Enterprises and 1% expended to Female Business Enterprises. -10-