HomeMy WebLinkAboutResolutions 87-137 N.C.S. 05/18/1987~
Resolution No. 87-137 N.C.S.
of the City of Petaluma, California
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted.by the ' Appro ed c
Council of the City of Petaluma at a(Regular) (E~~~~B~~) meeting f
on the .--•--a..~•~-~--•-•-• day of .••--••••-•-•-.•••.Mc3y-••-••---•--••••• ............... 19_.S_Z., by the
following vote: ........ ...... .•-------•--••-•
City Attorney
AYES:Davis, Sobel, Woolsey, Balshaw, Vice Mayor Tencer, Mayor Hilligoss
NOES : 0
ABSENT: C nagh
A'I°I'EST: ._ .. . . ... ........ .......• -- - .... ........••---•-••-•.
City Clerk
STATING THE CITY'S POLICY FOR DISADVANTAGED BUSINESS
ENTERPRI5ES (DBE) AND WOMEN BUSINESS ENTERPRISES (WBE)
IN FEDERAL AVIATION ADIVIINISTRATION PROJECTS THROUGH THE
YEAR 1987/88 ALSO 5ETTING WBE AND DBE GOALS FOR THE SAME YEAR
WHEREAS, in order to receive Federal Aviation Administration funds,
the City of Petaluma must have an adopted policy with regard to hiring of
disadvantaged business enterprises (DBE) and women business enterprises
(~dBE) as well as have goals for the current fiscal year with regard to
hiring of disadvantaged business enterprises (DBE) and women business
enterprises (WBE) ;
BE IT RESOLVED that the City of Petaluma hereby adopts the policy
statement (Attachment ~'A") as the City of Petaluma's F.A.A, policy for the
year 1987/88.
FAA/MBE Program CCRES2
Under the power and authority conferred upon this Council by the Charter of said City.
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Mayor
Council File ................°----°-°---......
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GITY OF PETALUMA MINORITY BUSINE'SS PROGRAM
FEDERAL AVIATION ADMINISTRATION PROJECTS
I. Policy Statement
It is the policy of the City of Petaluma to utilize Minority Business.
Enterprises in all aspects of contracting to the maximum extent
feasible.
This policy is ful.ly described in the City of Petaluma Minority Business
Program which constitutes established policy and a commitment to
substantially increase Miriority 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 the Fe.deral Aviation Admiriistrat-ion.
The City of Peta~luma, its contractors and subcontractors, which are
the recipients of Federal-aid funds, agr:ee to ensure that minority
business enterprises have the maximum opportunity to participate in
the performance of contracts and subcontracts. In this regard, the
City of Petalurria and all of its contractors and subcontractors will take
all reasonable steps in accordance with 4'9CFR23 to ensure that
minority b:usiness enterprises have the. maximum opportunity to compete
for and perform contracts .
Updated M`ay 1987
.,
II. Minority Bus'iness Enterprises (MBE) Liaison Officer
Michael Acorne, Program Administrator .i's .MBE Liaison Officer for the
~
City of Petaluma and shall report to the Federal Aviation
Administration. IVIr. Acorne will be assigned such staff as is
necessary to full,y impTement tlie provision of 4'.9CFR Part 23 and such
other MBE prograins as may be required.
III'. Duties of the MB'E Liaison Officer
The MBE Liaisbn Officer sha11 develop, manage and implement the MBE
Program on a day-to-da.y basis. The Liaison Officer shall:
- Develop and carry out technical assistance programs for MBE's.
- Arrange solicitat'ions., time fbr the presentation of bids,
quantiti.es, specifications, and clelivery 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.
- Provide guidance to MBE's in overcoming barriers, such as
inabil'ity to ob.tain bonding or financing .
- Car,ry out information arid communication programs on
contractin•g opportunities' in a timely manner. Programs shall be
bilingual where appropriate.
Updated May 1987
- Investigate the services offered by banks owned: and controlled
by minorities or women. Ensure that, where feasible, the
contr,actor and/:or subcontractor utilizes said banks.
- Utiliz.`e a listing of MBE's certified by, Caltrans. Said listing to be
made available to all bidders on EAA funded projects . Such
listing will incl'ude the following informat'ion: Name, address,
telephone riumber, ethnic and/or sexual ownership, type of work
performed by firm.
- Approve any removal and/or su.bstitution of a Minority Business
Enterprise during contract performance. Prior to approval of
substitution and7or 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 July 1 of each year and
adjus~ted as necessary.
- Establish individuafi project goals for minority and femaie business
enterprises. All projects will be evaluated for the
appro.priateness of goals.
- Maintain such documentation as is :riecessary to verify satisfactory
perfor:mam'ce of the above activities ..
Updated 'May 1987
IV. Estab"lisYiment of Overall MBE Goal
Tlie City of :Petaluma will establis'h an overall goal for its use of
MB`E's. This goal will be updated annual~ly as of July of each year.
The established overal'1 goal and the methodology used to determine the
goal for the fiscal year(s) beginning October 1, 1987 and October 1,
1988 are shown on Attachment A.
V . Leasekiold Interests
The MBE program does not inelude Leasehold Interesfs. The City does
not antieipate leasing any portion of the airport property during the
subj'ect goal period'. The MBE program will be reevaluated should
leasehold interest(.s) be made available during the stated goal period.
VI. Contract Goals
All projects receiving U.S. DOT funds will b.e evaluated for the
appropriateness of MBE goals. Project`s will be evaluated and goals
established, utilizin'g the .following criferia:
- Size of project.
- Oppqrtunifies for MBE's as subcontrac;tors, 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.
- Availability of MBE's.
Updated 'May 1.987
- Past experience on projects similar to the project being evaluated.
- Such other factors as may effeet the utilization of MBE's.
Each proj'ect will be evaluated in confor.mance with the abov.e 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 of Petaluma that minority
business enterpr'ises as defined in 49 GFR Part 23 shall have the
maximum opportunity to participate in the performance of
cont"racts financed in whole or in part with Federal funds under
this agreement. Consequentiy, the MBE requirements of 49 CFR
Part 23 apply to this agreement."
(2) "MBE Obligation. (i) The recipient or its contractor agrees to
ensure the minority bizsiness ente.rprises as defined in 49 CFR
Part 23 have the maximum opportunity to participate in the
performance of contracts and subcontracts; finaneed -in whole or in
part with Federal funds provided under this agreement. In this
reg;ard, all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure
that minority business enterprises have the maximum opportunity
to eompete for and perform contracts. Reeipients and their
contractors shall not discriminate on the basis of race, coior,
Updated M'ay 1987
national origin, or sex in the award and performance of
„D:OT-assisted coritracts. " .
MB''E use on prqjects without g;oaYs will be reported to the Liaison
Officer arid will be included in the appropriate FAA reports and to the
appropriate DOT element. MBE use on such projects will be counted
'toward attainmerit of the over:all goal.
VII. 'Public Notifi'cation
At the time of submittal of this program to the U.S. Department of
Transportation:, the City of Petaluma will publish a notice in both
miriority and maj;ority local media. Said publication shall:
- Announce the October 1, 1987. to September 30, 1988 and Oetober
1, 1988 to Septemb:er `30, 19'89 overa;ll goals.
- Inform the p;ublic that the goals and a description of how they
were set, are available for publie inspection for a period of 30
days.
- Inform the public that both U. S. DOT and the City of Petaluma
will aceept 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 .
Updated May 1:987
In addition to the foregoing; interested minority and majority
eontractor organizations will receive direct ma.ilings of this complete
program with a request that they provide written comments to the
Liaison Officer on this program.
VII. Con.traet Procedur.e
This plan shall 'be implemented through the utilization of a contract
sp_ecial prov-ision which is :attached her;eto. These proeedures require
bi'dders to submit the names of M'BE 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.
IX . MBE Not'ificatiori
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 of
Petaluma. 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 specifieations for projects within their
geographical area of r:esponsibility.
X. Minority and .:Female Owned Banks
The City of ~Petaluma will encourage all contractors to use the services
of banks owned and controlled by minorities or females.
Updated 'May 1987
This encour-agement will be d'isseminated during pre-bid and
pre-..construction conferences (if scheduled) and the contract
specifications .
XI. Selection Criteria £or Coritracts with MBE Goals
Every eontract containing MBE goals shall be evaluated by the MBE
Liaison Officer or his/her designee fo.. ascertain b'idding contractors'
efforts to attain the MBE goals. The award of any project with MBE
goals must .be cqncurred with by the MBE Liaison Officer or his/her
designee before said contract may be awarded. Should there be
disagreement between functional units concerning contractor s' efforts
to attain contract goals for MBE p;articipation, the matter shall be
referred to the Gity Manager or his/her designee, for final
dete 'rmination .
Gompetitors that fail to meet the MBE goals and fail to demonstrate
sufficient reasonable efforts shall not be eligible to be awarded the
contract.
Any eontracts that contain MBE goals, pursuant to this policy, will be
monitored on' an ongoing basis by project personnel during the course
of construction., T.he ~ MBE Liaisori Officer is to be immediately advised
of any circumstances wherein contractor compliance wifh the MBE
provision `is questionable. The confr;actor shall submit a final report
for each project with MBE goals which includes total payments to the
p" ontr.actor as well as .payrnents the_ prime contractor has made to
rime c
MBE ,stibcon•tractors, vendors . and suppliers. If the report indicates
Updated May 1987
the prime contractor has not achieved the- project goals, project
personnel sha11 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 MBE Liaison Office
personnel of any situation in which regularly scheduled progress
payments are not made to MBE' subcontractors:, vendors or suppliers.
XII. Set=Asides
If determ'ined necessary by the MBE Liaison Officer, the City of
Petaluma will consider the use of MBE set-asides as a tool to achieve
the overall goal.
XIII. Counfin~g M,~BE Participarnts
The City of Petaluma, its contractors, and subcontractors shall count
MBE parficip,at'ion in aecordanee with the provisions of Section 23.47,
Title 49, of the Gode of Federal Regulations.
X-IV .. Records arid Reports
The MBE ,Liaison Officer shall ma'intain 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 adop:ted to comply with this MBE
policy .
Updated `May 1.987
- Awards to MB'E's .
- Awards to majority contractors .
- Final project reports concerning M°B'E utili'zation.
- Sucli other data as is needed to fully evaluate satisfactory
complianee w.ith this program.
The MBE .Liaison Officer shall submit reporfs to FAA and to U.S. DOT
elements as required.. These reports will include:
- Nurriber and d'o11ar vaiue of contracts awarded.
- Number and dollar value of cont"racts and sub;contracts 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 aw.arded to MBE''s.
- Ind'ication as to. the extent of which the percentage met or
exceeded the overall projec:t construction goal.
- Reports shall be broken down separate'ly by ethnic grouping and
sex . .
Updated May 1987
XV. MBE Listing
The .City of Petaluma will utilize a listing of firms certified by Caltrans
to be Minority Businesses in aceordarice with the DOT Order. This
listing will be developed an~d 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 Direetory. A contractor desiring to use an MBE not
included in the Galtrans certified listing. will be allowed to do so, but
will be required to provide the appropriate certification from the MBE
before suc'h particip;ation is counted towards award of the project.
XVI. Complaints ,
Any complaints received by the City of Petaluma concerning this
program will be investigated by the MBE Liaison Officer who will
endeavor to resolve said complaint's within 90 days of rec'eipt. The
appropriate DOT element and FAA Office will be furnished a cop.y of
the complaint and may be invited. to participate in the
investigation/resolution. The DOT elecnent and FAA Office will receive
a complete investigative report on the .comp`laint and may be requested
to concur in the proposed disposition of sai'd complaint.
Con"tractors will be directed to notify the MBE Liaison Office of any
complairits they may receive concerning this program .
Updated May T987 ~
SPECIAL PROVIS'IONS'
2-1,.02 MIN.ORI'PY BU:SINES~S ENTERPRISE--This project is subject
to Part :23, Title 49, Code of Federal Regulations ent,itled "Participation by
Minor'ity $usine.ss Enterprise in Department of T.ransportation Programs. °
Portions of the Regulations are set forth in Section b-1,.05, of these special
provisioris, and the Regulations in their entir,ety are incorporated herein by
this reference:
Bidders shall be fully informed respecting the requirements of the
Regulatioris; particul'ar attention is directed to the following matters :
(a) A Minor-ity Business Enterprise (.MBE) mus.t be a small business
concern as defined" pursuant to Seetion 3 of U.S. Small Business
Act;
(b) An MBE' map participate as a pr'ime contractor, subcontractor,
joint venture pa•rtner with a prime or subcontractor, or vendor of
material or :suppl'ies; .
(c) An MBE' joint venture partner must be 'responsible for a clearly
defined porti'on of the work to be performed in additiori to
satisfying requirements for ownership an'd control. The MBE joint
venture inust sub.mit 'Schedule B of the Regulations .
(d) An MBE° must perform a commercially °useful function, i.e., must
be responsible for the execution, ~ of a dist~inct element of the work
and must ~carry out its resp,onsibidity by aetually perforrning,
managing and :supervising the work;:
(e) Credit for an MBE vendor of materials or supplies is limited to 20
pereent of the amount to be paid to the vendor for the material
unle'ss the vendor manufactures or substantially alters the goods;
(f}' An MBE must be cert'ified before oredit may be allowed toward_ the
MBE' goal. T•he City's MBE . Di`rectory identifies MBE's which
have been certifi'ed and others whi~ch may qualify for certification.
Tlie MB;E directory may be qbtained from the City of Petaluma
MBE' Li~aison Offiee.
`( g) Noneompliance by the Contractor with the requirements af the
r.eg,ulations sonstitutes a breach of this cont~ract and may result in
termina'tion of the contract or other appropriate remed,y for such
breach.,
(h) ~Bidd;ers are encouraged to utilize services offered by banks
owned and controlled by minorities or women.
Updated May 1987~
2-1,.03 MBE GOALS FOR TH_IS PROJECT. T-he City has established
a total Minori.ty Busiizess En.te"rpris;e (MBE) partieip'ation _goal of 11 percent
for this ~, projec.t composed of 1,0 percent MBE's owned and controlled by
minorities :and 0 percent to 1 percent owned and controlled by women.
It is the bidder-'s responsibility to make a. sufficient portion of the
work available to subcontractors and supplies and to select those portions
of the work or material ~needs consistent with the available MBE
subeontractors and suppliers, so as to assure meeting the goal for MBE
partic:ipa.tion .
SE.CTION 3. SU°B'MISSIO'N OF MINORITY B_U:SINESS ENTERPRISE
INFORMATION, AWARD, AND EXECUTION OF CONTRACT
3-1.01 GENERAL-=The bidder's attention is directed to the
provisiorns in Section 3;, "Award and Extention of Contract, " of the
Standard Specifications and these Speeial Provisions for the requirements
and eonditions concerning submittal of MBE information, award and
execution of contract.
3-L, OlA MB'E INFORMATION=-The app;arent bidder (low bidd`er) shall
submit MBE information to the office at which bids were rece'ived no later
than one week ;follqwin'g° the bid opening, unles's a later time is authorized
by the City. Other bidders need not submi`t MBE information uriTess
req,uested to do so' by the City. W.hen such request is made, the MBE
information of such bidder shalT be submitted within. 5 days, unless a later
time is authorized by the City. ~ The information shall include.:
(1) Names of_ 'MB'E"'s to be provided by each and the dollar value of
each such 1VIBE transaction on the C'al'trans "Bidder MBE
-
Information'! Form;; (Note MB~E subcontractors for signal and
'lighting items,, if there are such items of work, must have been
named in the bid - See section entitled "Subc,ontracting" of these
Special Provisioms. )
(2) A "Minority and Female B'usiness Enterprise Questionaire"
(Schedule A) for each MBE not already certified;
(3) Schedule _B for each MBE joint venture.
'Bidder.s w.hose subm'ittal in (1) above indicates they wi1T meet the
stated MB`E goa~l need not submit any further MBE iriformation, ianless the
Ci,ty >in its :review finds that the goal has not been met, in which case
additional infor.-mation will be requesfed by the City. The additional
in~formation may be requested to clarify claimed MBE participation, or
demonstrate t~hat,.a good faith effort was made to meet the MBE goal. Such
iri'formation; sha1T'be submitted promptly upon request by the City.
It, is the `bidder's responsibility to set° the .g_oal of MBE participation or
to provide information to establish good faith efforts to do so. Such
informat'ion should iriclude fhe following ::
Updated May 1987
(1.) The items :of wor.k for whi¢h th;e bidder requested subbids or
materials to be suppl'ied by MBE's and documentation of the
request;
(2') The names of MBE's who. submitted bids for any of the work
indicated in (1) above which were not accepted, the name of the
subcontractor of 'supplier that was selected for that portion of
work, and the reasons for the bidder's choice. (If the reason
was. price, give the price bid by the rejected MBE and the price
bid by the selected subcontracfor or-supp"lier);
(3) The names and dates of advertisement of each newspaper, trade
paper, and minority-focus paper in which a request for MBE
participation for this project was pTaced by the bidder;
(4) Any additional data to support a elemonstration of good faith
effort, such as contacts with MBE assistance agencies or with
certified MBE's.
(5) The names and dates of notices of all certified MBE's solicited by
direct mail for this project.
3-l.O1B AWARD OF CONTRACT-=The award of contract, if it be
awarded, will be to the Iowest responsible bidder w.hose proposal complies
with all the requiremen~ts prescribed and who has met the goal for MBE
participation or has demonstrated to the satisfaction of the City, good faith
effort to do so. Meeting the goal for MBE participation or demonstrating-,
to the satisfaction of the City, good faith efforts to do so is a condition for
being eligible for award of contract.
5-1. MBE RE.CORDS--T.he eontr.actor sh!all maintain records of all
subcontracts entered into with certified MBE and female subcontractors and
records of. materials purchased from certified' MBE and female suppliers.
Sueh records sha11 show the name and b.usiness address of each MBE and
_
female subcontractor or vendor and the total dol.lar amount actually paid
each MBE and female subcontractor or vendor.
Upon completion of the contract, a;summary of these records shail be
pre:pared and certified correct by the Gontractor or his authori`zed
representative, and shall be furnished to the MBE Liaison Office within 10
days after acceptance by fhe City.
Updated May 1987
ATTACHMENT "A"
MBE CONSTRUCTION GOALS
The only effe'ctive way to `implemen;t: an MBE Program as with any other
management objective, is through a system of goals ° and evaluations . The
ultimate goal of the program is to utilize Minority or Female Business
Enterpris'es in proportion to their availability within the community.
To reach , the objective of providing utilization of Minority Business
Enterprises, the following EAA: construction goals 'have been established for
the City of Petaluma as; re.quired by 49CFR23, ._Subpart D.
Minority 10 0
Female 1$
Total 110
To ensure program success, the C'ity of Petaluma will adhere to the p.olicies
and objee_ti.ves as stated in this plan. Program amendments and changes
will be undert,aken if frends so indicate. a need to continue program.
progress. Goals may be subject to review and revision with information on
the availability of Minority Business Enterprises w'ithin the local and district
area.
The City of Petaluma will be using Sonoma County Datum as the basis of ,its
MBE Progr,am.
Sonoma County Area Popu:lation B"reakdowri
Percent of Total Population
Black
Hispan~ic (excluding persons from S.pain)
Portuguese
Asian Amer.ican
Ameri'can 'Indi'an and Alaskan Native
Otliers (per S . B,. A . )
Others (per Census)
Female ( o of, total popula~tion)
Females of Minority Origin
1.16$
4.90a
(see other)
1.52°-0
1.17$
(none per S.B.A.)
3.37$
51.58$
6.250 (estimate)
Note: Pop;ulation percentages represenf all segments of the population
reg,ard'less, of age, employment and ownership.
*Data derived from I980 U. S. Census
Updated May 1987
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Availability of MBE's and Past Experience.
An analysi's .of CALTRANS' Minority Business Enterprise List (July, 1982)
indicates few ,such businesses reside in Sonoma Gounty. The list shows ten
(10) firms within Sonoma Gounty. By race, five firms are Hispanic, two
are black, and one is Portuguese. Four fir.ms indicate all or part Female
ownership. By work ,category, one is in road construction, five list
concrete, one. lists ;roof'ing, three list trucking,, one lis,ts drainage, two list
general engineering, and one lists general building. with some listing more
than one category. Gorisequently, very few M'BE's exist which correlates
with the low percerit of minorities within the population.. Also, recent
bidding processes by the County of Sonoma; have experienced 6$ - 8 0 of
minority business partieipation and lo - 3'o female owned business
participation. Most MBE's under previous bidd'ing processes have come from
MBE firms outside of Sonoma County.
Existing MBE Programs
City of Petaluma 11'$ total goal
City of Santa Rosa 10 o total g'oal
County of Sonoma 1I$ total goal
LIEBEL
`Updated May 1987