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HomeMy WebLinkAboutCity Council Resolution 2687 RESOLUTION NO. 2687 ..... KESOLU'HON OF TR~ CITY COUNCIL OF THE CITY OF SARATOGA RENEWING THE CITInS DISADVANTAGED BUSINESS ENTERPRISE PROGRAM WHEREAS, on April 19, 1989, the City Council adopted a Disadvantaged Business Enterprise (DBE) Program, a true copy of which is attached hereto as Exhibit nan and incorporated herein by reference; and WHEREAS, the initial expiration date of the adopted DBE Program was September 30, 1989; and WHEREAS, the DBE Program was renewed until September 30, 1990; and WHEREAS, the City Council desires to further renew the DBE Program for an additional year, NOW, THEREFORE, BE IT ~LVED by the City Council of the City of Saratoga as follows: 1. The adopted DBE Program attached hereto as Exhibit "A" is further renewed and extended to cover the period from October 1, 1990, through September 30,1991. 2. The overall DBE goal established by the Program shall remain at 10% during the period of renewal, and all other terms and provisions of the DBE Program shall remain in full force and effect as set forth in Exhibit "A" attached hereto and made a part hereof. 3. The City Clerk is authorized and directed to publish notification of the annual DBE goal for the renewal period, as required under Part IV of the DBE Program. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 3r:dday of October, 1990, by the following vote: AYES: Counc i 1 members Anderson, Kohl er, Moni a and Mayor Stutzman NOES: None ABSENT: Counc i 1 member C1 evenger ATTEST: ' E X H I B I T "A" DISADVAMTAG~-D BIP~INES3 ENTERPRISE (DBE) PROGRAM CITY OF SARATOGA I. Policy Statement It is the policy of the City of Saratoga to utilize Disadvantaged Business Enterprises (DBE) and firms as defined in 49 CFR Part 23 in all aspects of contracting to the max]mum extent feasible. This policy which Ls fully described herein constitutes policy and commitment to substantially increase DBE Utilization in all program activities funded wholly or in part by any U.S. Department of Transportation model element. This Agency, its contractors and subcontractors, which are the recipients of Federal-aid funds, agree to ep. sure DBE firms have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, this Agency and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR 23 to ensure that DBE and firms have the · ' / maximum opportunity to compete for and perform contracts. II. Disadvantaged Business Enterprise (DBE) Liwi,um Officer The City Engineer is the DBE Liaison Officer for this agency and shall report to the City Manager. Duties of the DBE Liaison Officer The DBE Liaison Officer shall develop, manage and implement the DBE Program on a day-to-day basis. The Liaison Officer shall: A. Arrange solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of DBEs. Where such changes are found necessary to increase DBE utilization, they will made in consultation and cooperation with the functional unit involved. B. Provide guidance to DBEs in overcoming barriers, such as inability to obtain bonding or financing. -1~ C. Carry out information and communication programs on contracting opportunities in a timely manner. D. Investigate the services offered by banks .owned and controlled by Disadvantaged Business Enterprises. E. Unless noted elsewhere herein the listing of DBEs certified by Caltrans will be utilized as businesses to be included in the solicitation of bids. Said listing is to be made available to all project bidders. Such listing will include the following information: Name, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. F. Prior to approval of the substitution of any DI~E subcontractor, the prime contractors will be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. G. Establish a DBE overall annual goal. The goal shall be evaluated annually "' and adjusted as necessary. H. Establish an appropriate individual project DBE goal for each Federal Aid Project advertised. I. Perform good faith analysis when the project goal is not achieved. J. Maintain such documentation as is necessary to verify performance of all activities included in this program. IV. Public Notification A. At the time of submittal of this program to the State Department of Transportation, a notice in both minority and majority local media will be published. Said publication shall include: (1) The annual overall DBE goal (2) Notification that a description of how the goal was set is available for public inspection for a period of 30 days. -2- (3) Notification that both U,S. DOT and this agency will accept comments on the goal for 45 days from the date of the notice. The notice shall advise interested parties that comments are for information purposes only. B. This program will be reaffirmed by public notice annually at the time of publication of overall goal. If substantial changes are made to this document, the entire document shall' be subject to notification noted in A above. C. In addition to the foregoing, interested disadvantaged and majority contractor organizations will receive direct mailings of this complete program. V, Establishment of Goal A. The DBE goal will be established both annually (overall) and on a per contract basis. The overall goal will be based on planned contract activity "' for the coming year. The overall goal established will be subject to methodology and procedures established in 49 CFR 23, Subparts (C) and (D) and take effect on October 1st of each year. .~. B. The overall DBE goal established with this initial proKram is 10% and covers the period October 1, 1989, to September 30, 1990. C. Individual project goals will be established based on the following criteria: (1) Attainment of established overall goals. (2) Size of project. (3) Opportunities for DBEs as subcontractors, vendors and suppliers. (4) Minority population of geographic area in which work is to be performed. (5). DBE goals being utilized in the geographic area by other State, Federal or local jurisdictions. (6) Availability of certified DBEs. (7) Past experience on projects similar to the project being evaluated. (8) Such other factors as may effect the utilization of DBEs. Complete evaluation documentation will be retained for each project. D. Projects which do not contain a specific goal will contain the following provisions: (1) "Policy. It is the policy of the Department of Transportation that disadvantaged 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 DBE requirements of 49 CFR Part 23 apply to this agreement." .~ (2) "DBE Obligat!on. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of 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 49 CFR Part 23 to ensure that disadvantaged 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, natioinal origin, or sex in the award and performance of DOT-assisted contracts." VI. Contract Procedure This program shall be implemented through the utilization of a contract special provision which will be provided/updated as necessary by Celttans'Division of -4- Local Streets and Roads. These procedures require bidders to submit the names of DBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each DBE subactivity. VII. DBE Notification Projects will be advertised in local newspapers and minority focus newspapers when possible. These ads will include reference to DBE requirements and will indicate the DBE project goal. DBE supportive service assistance centers will receive notification of projects scheduled to be advertised. Such centers, will be afforded the opportunity to receive complimentary plans and specifications for projects within their geographical area of responsibility. VIII. Selection Criteria for Projects with DBE Goal Every project containing a DBE goal shall be evaluated by the DBE Liaison ,* , "' Officer or his/her designee to ascertain bidding contractors' efforts to attain the DBE goal. The award of any project must be concurred with by the DIBE Liaison Officer or his/her designee before said contract may be awarded. Should there be disagreement between functional units concerning contractors' efforts to · '\~- attain contract goals for DBE participation, the matter shall be referred to the City Manager or his/her designee, for final determination. Competitors that fall to meet the DiBE goal and fail to demonstrate sufficient reasonable good faith efforts shall be declared non-responsive and ineligible for award of the contract. All contracts that contain a DBE goal, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The DBE Liaison Officer is to be immediately advised of any circumstances wherein contractor compliance with the DBE provision is questionable. The contractor shall submit a final report for each project which includes total payments to the prime contractor as well as any payments the prime contractor has made to DBE subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goal, project personnel shall attach an -5- evaluation, in narrative form, of the reasons for failure to attain the goal and any corrective action that was taken. Prime contractors will be required to notify the Agency of any situation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors or suppliers. IX. Counting DBE Participants This Agency, its contractors, and subcontractors shah count DBE participation in accordance with the provisions of Section 23.47, Title 49 of the Code of Federal Regulations. X. Records and Reports A. The DBE 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: (1) Awards to DBEs. (2) Awards to majority contractors. (3) Final project reports concerning DBE utilization. (4) Such other data as is needed to fully evaluate compliance with this program. B. The DBE Liaison Officer shall submit reports to Caltrans and/or to the appropriate U.S. DOT element as required. These reports will include: (1) Number and dollar value of contracts awarded. (2) Number and dollar value of contracts and subcontracts awarded to DBEs. (3) Description of general categories of contracts awarded to DBEs. (4) The percentage of the dollar value of all contracts awarded during the year which were awarded to DBEs. (5) Indication as to the extent of which the percentage met or exceeded the overall goal. (6) Reports shall be broken down separately by ethinic grouping. XI. Complaints Any complaints received by the Agency concerning this program will be investigated by the DBE Liaison Officer. He/she will endeavor to resolve said complaints within 90 days after receipt. 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 of said complaint. .: Contractors will be directed to notify the Agency of any complaints they may receive concerning this program. -7-