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HomeMy WebLinkAboutCity Council Resolution 95-39 RESOLUTION NO. 95-39 RESOLUTION OF THI CITY COUNCIL OF THE CITY OF SARATOGA CONCERNING DISADVANTAGED BUSINESS ENTERPRISE PROGRAM8 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 "A" 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 has been renewed annually through September 30, 1995, and WHEREAS, the City Council desires to further renew the DBE Program for an additional year. NOW, THEREFORE, BE IT RESOLVED 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, 1995, through September 30, 1996. 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. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 20th day of September, 1995, by the following vote: AYES: Councilmembers Burger, Moran, Wolfe and Mayor Jacobs NOES: None ABSENT: Councilmember Tucker ATTEST: 6 pu% ccity ci'e / E X H I B I T "A" DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITYOF 8ARATOGk 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 maximum extent feasible. This policy which is fully described herein constitutes policy and commitment to substantially increase DBE Utilization in all program activities funded wholly or in part by any Department of Transportation model element. This Agency, its contractors and subcontractors, which are the recipients of Federal-aid funds, agree to ensure 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: madvan Budnero EnterpriM (DBE) Liaison Officer The City Ert~ineer is the DBE Liaison Officer for this agency and shall report the City Manager. Hl. 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 shalh A. Arranfe solicitations, time for the presentation of bids, quantities, specificationS, and delivery schedules so as to facLlitate the participation of DBEs. Where such chan~es 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 bondir~ or financing. -t- C. Carry out' information and communication programs on 'contracting opportunities in a timely manner. 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 b.e made available to all project bidders. Such listing will include the following informatiom Name, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. F. Prior to approval of the substitution of any DBE subcontractor, the prime contractors will be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. ; G. Bstablish 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. Maintain such documentation as is necessary to verify ~rformance of all activities included in this program. IV. Public Notification ,6,. At the time of submittal of this program to the State Department of Transporta.tion, a notice in both minority and majori~ local' media will be published. Said publication shall include: 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. I3) Notification that both U.S. DOT and this agency w~ 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 publi. e notice annuaily at the time of publication or overall goal If substantial changes are made to this document, the entire document shall' be su'bjeCt to notification noted in A above. C. In addition to the foregoing, interested disadvantaged and majority contractor organizations will receive direct mailinrs 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 'astablished 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 program 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 estabIished overall goals. (~) Size of pcojeeL (3) Opportu~ties for DBEs as subcontractors, vendors and suppliers. (4) Minority population of geographic area in which work is to be performed. -3- (5). DBE goals being utilized in the Zeographic area by other State, Federal or local jurisdictions. (6) Availability of certified DBEs. (7) Past experience on projects similar t,o the project being evaluated. (8) Such other factors as may effect the htilization 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) "p..01ic.v. It is the pouey 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 ag?cement" (2) "DBE Obligation. 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 CFE Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. 1recipients 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." VL Contract Proeednre This program shall be implemented through the utilization of a contract special provision which will be provided/updated as necessary by CaitransrDivision of 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 I]BE 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. , VII Sal~tkm 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 DBE Liaison Officer or his/her designee before said contract may be awarded. Should there be disagreement between functional units concerning contractors' efforts to · ~-. atIain contract goals for DBE participation, the matZer shall be referred to the City Manager or his/her designee, for final determination. Compe~it0rs that fail to meet the DBE goal and fall to demonstrate sufficient reasonable good faith efforts shall be declared non-responsive and ineligible for award of the contraeL A, ll contracts that contain a DBE goal, pursuant to ?j'ds policy, will be monitored on an ongoing basis by project personnel during the course of cons~'uction. The DBE Liaison Officer is to be immediately advised of any circumstances wherein contractor compIianee 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 shall 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 Calllaps and/or to the appropriate U.~. DOT element as required. These reports will include: (I) 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. -6- The percenta6e of the dollar value or all conl~acts awar~ed du~in~ the year which were awarded to DBEs. (5) Indication as to the extent of which the percentage met or exceeded the orerail Zoal. (8) Reports shall be broken down setmratety by ethinie grouping. XI. Compitdnts 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 Galtrans 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-