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HomeMy WebLinkAbout4.05 Disadvantaged Business Ent~ CITY OF DUBLIN ~ ~ ~ ~ . C~ AGENDA STATEMENT City Council Meeting Date: November 13, 1989 SUBJECT: Disadvantaged Business Enterprise Program Report by Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) 2) 3) 4) RECOMMENDATION: Ad~ Resolution Revised Exhibit "A" Policy Copy of letter from State of California ~~ ~pt resolution establishing ongoing 10~ DBE goal FINANCIAL STATEMENT: None DESCRIPTION: In January of 1984, the City Council adopted Resolution No. 2-84 establishing a Minority Business Enterprise Program. In December of 1985, Resolution 129- 85 was adopted, setting goals of 10~ Disadvantaged Business (DBE) and l~ Women's Business Enterprise (WBE) per instruction from Caltrans. In Septernber of 1987, the State combined the DBE and WBE goals into one, and the City adopted at Disadvantaged Business Enterprise goal of 10~ to conform with the State requirement. These goals are required to be established for projects receiving federal funds and are intended to be renewed annually. The State has requested that the City update its DBE goal for 1989-90. At the October 30 meeting, the CiL-y Council~directed Staff to find out if the resolution could be open-ended so that it would remain in effect until such time as the policy itself needed to be changed. The Caltrans Local Streets and Roads Division, which administers Federal Aid Urban projects, advises us that there is a federal requirement that the goal be renewed each year. It was Staff's understanding that this renewal included adoption of a new resolution; however, in questioning Mr. Lim at the Caltrans Local Street and Roads Division, Staff was advised that the resolution ca.n indeed rernain effective until the City Council determines to change the goal or program. The annual renewal consists of publishing a notice each year inviting public comment on the DBE goal, which may be done at the Staff level. Since the last resolution adopted contained beginning and ending dates, Staff recommends that the 10~ goal be maintained and that the City Council adopt the resolution amending Exhibit A of the Disadvantaged Business Enterprise Policy by removing the specific effective dates. ITEM N0. %o COPIES T0: ~ • S ~ RESOLUTION N0.123 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SETTING GOALS FOR DISADVANTAGED BU5INESS ENTERPRISE PROGRAM WHEREAS, on January 9, 1984, the City Council of the City o£ Dublin adopted Resolution No. 2-84 establishing a Disadvantaged Business Enterprise Program; and k WHEREAS, the City of Dublin~.proposes to construct various street improvements funded in a major part with Federal Funds; and WHEREAS, the Federal Government requires that agencies receiving Federal monies for public works projects establish a disadvantaged enterprise program, set goals, and implement the program; and WHEREAS, it is in the best interest of the general public to encourage disadvantaged business participation in construction; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby amends Exhibit A of the City of Dublin Disadvantaged Business Enterprise Program by establishing an ongoing 10~ DBE goal. PASSED, APPROVED, AND ADOPTED this 13th day of November, 19II9. AYES: Councilmembers Hegarty, ,7effery, Snyder, Vonheeder, and Mayor Moffatt NOES: None ~ _ ~ ~ ~, ~~ AB5ENT: ~- None ~' . ~ ; ~. Mayor ATTEST: ~.-----~ ~~~ ~ ~ - City Cler ~ ~~ EXHIBIT "A" DISADVANTAGED BUSINESS ENTERPRISE GOAL AND STATEMENT CITY OF DUBLIN November 13, 1989 FOR ATTACHMENT TO DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The Disadvantaged Business Enterprise goal for the City of Dublin is 10~, This goal complies with the minimum 10~ goal established by Caltrans foz.all federally-funded projects. . ~ ~ ~ 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. _ .~ ~ ;l'~ "-~- ~ ~=z-~--~ , 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 wiil 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 l, is shown on Attachment A. V. Contract Goals All 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 everv 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 ~ontracts 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 iri 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 ~ -S- ~ ~ 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 responsibiltty. 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- ' \ I 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. -g- .~~ ! r 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. , _g_ . S'fATE OF CAUFORNIA - BUSINESS, TRANSPORTAT~ND HOUSING AGENCY , ~ GEORGE DEUKMEJIAN, Govemor N~ DEPARTMENT OF ~ TRANSPORTATION October 10,1989 BOX 7310 SAN FRANCISCO, CA 94120 (415) 923-4444 _ .. . ,. . . . ... ..... ._ .... . , .......... 022020022 C6C DP~1 ~CTY.-ENG MR LEE ~THOMPSON CITY ENGINEER 6500~DUBLIN SlVO'PO BOX 2340 QUBLIN CA 94568 ' Re: Disadvantaged Business Enterprise Program 04-Various Federal Aid Program DBE Updates Federal regulations require every agency to maintain a current DBE program for administration of Federal aid projects. To keep your program current, annual goal updates are necessary. Our records indicate that your annual goal period has lapsed and should be renewed. We cannot authorize advertisement of future Federal aid contracts unless the goals are updated. DBE goals can be updated by publishing and submitting a proof of publication to this office. A sample proof of publication is attached for your information. This public notification must include the following: • The annual overall DBE goal based on anticipated contracts to be awarded during the annual goal period. . • A description of how the goals were established and a statement that the DBE program is available for public inspection for 30 days. • A statement that the U. S. Department of Transportation and the local agency will accept comments on the goals for 45 days. • Assurance that public comments received will be used only for informational purposes. You must have sufficient documentation in your files to verify your published goals. If you have further questions regarding the DBE program please call our office at (415) 557-1590. Sincerely yours, Burch C. Bachtold District Director ~G~~G~E~ By . • ~ 0Ci ~ I i9,~g ~ • ~ ,,~ j~g..1~' ir~rJ~PCS Peter B. Lim Local Streets & Roads Area Engineer