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HomeMy WebLinkAboutResolutions 86-201 N.C.S. 07/21/1986,. ~"'. ~~SOlllf101~ ~®. 86-201 ~],~,5, of the City of Petaluma, California STATING THE CITY'S POLICY FOR DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND WOMEN BUSINESS ENTERPRISES (WBE) IN FEDERAL AVIATION ADMINISTRATION PROJECTS THROUGH THE YEAR 1986/87 ALSO SETTING 4VBE 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 (WBE) 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 1986/87. Under the power and authority conferred upon this Council by the Charter_of_said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a (Regular) ( eeting on the _..21St...-•----.... day of ...-......J~.y..._...--• ................................ 1~6...., by the following vote: AYES:Davis, Woolsey, Cavanagh, Balshaw, Vice Y1Rayor Tencer, 1Mayor 1Vlattei NOES: None ABSENT: SOb ATTEST: ..----•-- ~• .......................•-•--................... ..._..... ..........._........... City Clerk ~~~G C.~ Mayor Council Filep .................................. CA 10-85 Res. No. ....... A.6.-°.0.1..... N.C.S. CITY OF PET.ALUMA rfiINORITY BUSINESS PROGRAM FEDERAL AVIATION. ADA4INISTRATION 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 fully described in the City .of Petaluma. !Minority R»siness Program which constitutes established policy and a commitment to substantially .:increase. :Minority Business and Female Business, Utilization. Thies ;policy includes any program .or facility funded wholly or in part by any 'U.S. Department of Transportation modal element,. through the Federal Aviation Administration.. L T'he ~ City of Petaluma„ .its .contractors and sub.contractors,. which are the recipients ' of Federal'-aid fund`s, agree to ensure That minorty- business: enterprises, .have. ,the maximum. opportunity to participate :in. th'e performan°ce :of cori;tracts and subcontracts. In this .regard, the City. ~of Petaluma amd. gall of its contractors: and subcontractors will take . ~ ~ all: -reasonable step's: in ,accordance with 4;9CFR23 to ensure .that minority business enterprises have the maximum opportunity to compete. for ,arid .perform contracts . .. ~~ Updated July..1~986 IL. Minority B'.usiness Enterprses (N1BE;) Liaisom Officer Michael Acorne, Program Administrator .is MBE Liaison Officer for the City of Petaluma and shall" report. to the Federal Aviation Administration. Mr. Acorne will be assigned such staff as is necessary to fully implement the provision of 49GFR Part 23 and such other MBE programs as may be required. IIL. Duties of the MBE Liaison Officer T:he M'B'E Liaison Officer shall develop, manage "and implement the MBE Program on a day-to-day basis. The Liaison Officer shall: - Develop anal. carry out technical assistance programs for MBE's. - Arrange solicitations, time for the presentation of bids,, .quantities., specifications, and delivery schedules, so as to facilitate -the participation of MB.E's. Where such changes -are found, necessary to increase MBE ,u.tili_zation,, they will be made in consultation and cooperation with the functional unit involved. - Provide guidance to MBE's ,in ,ove`rcomrig barriers„ such. as nabili',ty to obtain bonding or financing.,.. - Car,,ry out.,. information an_d eommumication `programs , on contracting opportunities in a ~ fimelp manner. Programs. shall, lie bilingual wher-e. apprgpriate. Updated July 1986 - Investigate the services offered by banks owned and controlled by minorities or women. Ensure that, where feasible, the contractor and/or subcontractor utilizes said banks. - Utilize a listing of MBE's certified by Caltrans. Said listing to be made available to all bidders on FAA funded projects. Such listing will include the following: information: Name, address, telephone number, .ethnic and/or. sexual ownership, type of work performed by firm.. - Approve any removal and/or substitution of a Minority Business Enterprise during, contract performance. Prier to approv?1 of substitution. and:/or removal of MBE, prime contractors will be required to .:prove performance of good faith efforts to replace the MB'°E 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 adjusted as necessary. . Estab..,lush individual project goal`s for minority and .female business' enterer-i'ses. All, projects will be evaluated. for the appropriateness. of goals. - Maintain such documentation as is ,necessary, to verify satisfactory performance. of the above activities .: IU. Establishment. of Overall MBE Goal The City of Petaluma will establish an ..overall goal for its use of MBE's. This goal will be updated annually as of July of each year.. The established overall goal and the methodology used to determine the goal for the fiscal year{s) beginning October 1, 1985 and October 1, 1986 are shown on Attachment A. V. Leasehold Interests The' I14BE program does not include Leasehold Interests. The- City does not: anticipate leasing .any portion of the airport property during the subject goal period. The MBE program will be reevaluated should leasehold nter.est(s.) be made available during *.he stated goal period, VI. 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., utiliz,irrg the• following criteria: - Size of project. = Oppor'turiities for..MB'E's as subcontractors, 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. - Past experience on. projects similar fo the project being evaluated. - Such other :factors as may effect the utilization of MBE's. Each project will be evaluated in conformance with the above criteria.. Complete documentation wi1T b.e 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 b;us-Hess enterprises as de~ined in 4'9 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 the minority business enterprises. as defined in 49 CFR Part 23 have the maximum opportunity to participate ri the performance, of contracts and subcontracts financed., in whole or in part :with Federal funds provided -under., this agreement.. In this - -'regard,P all reep'ien s or contractors shall take all necessary and; ,~ Treasonable- step in accordance with . 4.9 CFR Part 23 to ensure - -, - - thatminority .business enterprises. have the maximum opportunity - 'to compete:- fora and perform. contracts:. Recipients and' their - contractors shall. not discriminate on the; basis of race, color; - nafional origin, or. ex iri t'he ;award and performance of . D:OT-assisted. contracts. !' MBE use on projects without goals will be reported to the Liaison ,Officer and will be iricl`uded in the appropriate FAA reports and to the appropriate DOT element.. .MBE use ,on such. projects will be counted toward attainment of the overall goal. VII. Public Notification At the time. of submittal of this program to the U.S.. Department of Transportation, the City of Petaluma will ;publish a notice in bo h minority and majarit>y Kcal media. Said ;public4tion. shall: e y~~ ~ ~~~ - Announce the October 1, '1-98:5 to Sep:terriber 30, 1986, and October 1, 1~9~8~6 to September 30, 197 jt~d 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 the City of Petaluma will accept comments on the goals for 4'5 ~, days, fr-oin the date of " ~ flue nofi~ce . • - The rioti'ce shall; advise interested parties fhat -comments. are for - "°nformational purposes only. ~ ~ , ,_ . . ~" ~ - In addition to the foregoing, interested ~ minority and majority contractor organizations will receive direct mailings of this complete program with a request 'that they provide written. comments. to the Liaison Officer on thus. program. 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 subcontractors and suppliers, a d'escrip'tion. of the work each is to perform or'material to be furnished, and the ,dollar value of each MBE subcontract. IX.. MBE Notfica-lion Projects will. be 'adverti'sed 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.. ~ MB:E assistance centers will receive notification of projects. scheduled to be a$wer,tised. Assistance Centers, Minor"ity Business . Development Centers and; Program Management Centers will receive . complimentary plans; sand. s.peci'fications for projects: within., ,heir. ,ge,ographical° area of responsibility. - X;..- Minority and,•Female Owned-.Banks _.- _ , . The City of Petaluma will encourage all contractor, to use the services ~, of.. banks.•,owne'd', amd .controlled by minorities or. females.. . ' tl - This encouragement will be d'ssemnated during pre-bid and pre-eonstrueton conferences (if scheduled) and the contract specifications . XL. Selection .Criteria for Contracts with MBE Goals Every contract containing MBE goals shall be evaluated by the MBE W ~ Liaison Officer or his./her designee to ascertain bidding contractors' efforts to attain .the .MBE goals. The away-d 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 betwce;n, functional units concerning contractors' efforts to attain con-tract goals for rlBE participation, the matter shall be refer-red to the Ci't'y Manager or hisLlier designee, for final determination.. Competitors `that fail, to meet the MB`E goals and fail to demonstrate sufficient. reasonab e ,efforts sha1T not be eligible to be awarded the contract„ Any contracts That contain MBE goals, pur-suant to this. poloy;, will' be ; monitored on an origgng basis by project personnel during, the course ~, of coristru:ction,. The M'B'E Liaison 'Officer- is to be -immediately 'advised. ... .. ` qf-: any, crcu:ms:tances wherein; contractor compliance .with the MBE . . k., t - p . q , ~ e contractor .shall submit a final report rovison-. as uestrgriable.. Th .. _ for :each project .with: ,MBE goals wh-i.ch includes •total payments to the ' pr:'ime~ contractor. as well: as payments the. prime contractor has made to M`B'E subeontrac,tors,,. 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 TdBE 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 determined necessary by the MBE Liaison Officer, the City of Petaluma will carisider- tree use of MBE set-asides as a tool to achieve the overall goal'. XIIL. Counting 'MBE Participants The City of Petaluma, its. contractors-, and' subcontractors shall count MBE participation in accordance with the provisions of Section. 23.47, Title 4.9, of the Code of Federal Regulations.. XIU. 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.. S,ueh records and reports shall include; as a minimum, -the following:: :nfor-.inaton-: " - "Procedures; which have been adopted. to comply with this 'MBE Pol'i.cy. - Awards to MB`E''s ., - Awards- to majority contractors. - Final project reports concerning MBE utilization. - Such other data as is needed ,to fully evaluate satisfactory compliance with this program. The MBE Liaison Officer- shall submit reports to FAA and to U. S. DOT eiemen.ts as required. These reports will include:: - Number and, dollar value of contracts ,awarded. - Number and dollar value of contrae.ts and' subcontracts 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 awarded .to MBE's.. - Indica;fon as to the extent. ~-of which the percentage met ~or '. exceeded -the overall; project- construction ,goal. - Rep~or.ts shall, ~~be broken down • se,p.arately by ethnic grouping and sex,. ~ , XV. MBE Listing The Gty:~ of: Petaluma 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 its ng will be allowed. to do so, but will be required to provide the appropriate certification from the MBE before `such partci~a,tion, is cokr~ted towards a~=yard of the projPCt. XVI. Compaaints 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 complaints within. 90 days of receipt. The appropriate. DOT elemenf 'and "FAA Office will be furnished a copy of the complaint: and may be invited to participate in the investigation/'resolution. -The DOT element and. FAA Office will receiv.e~ a,.:complete investigative report. -on the complaint aril may be requested to .cbnc_ur -in the proposed'. disposition of said complaint. Contractors ~ will be directed. to notify the~ .MBE Liaison Office of any complaints they` may receive concerning:, this ro ram. :SPECIAL PROVISIONS 2-1.02 MINORITY BUSINESS ENTERPRISE--This project is subject tol Part 23, Title 4,9., Code of Federal Regulations entitled "Participation by ~. Minority Business. Enterprise in. Department. of Transportation Programs. " Portions of the- Regulations are se.t forth in `Section "6-1.05, of these special provisions, and the Regulations in their entirety are incorporated herein by' this reference. Bidders shall b:e ~ fully .informed respecting the requirements of the Regulations;. particular at-tendon is directed to the following matters: (a) A .Minority, .Bu'_siness. Enterprise (MBE.) must be a small" business concern as defined pursuant to. Section 3 of U. S. Small Business Act; (:b) ~An MBE may participate as a prime c:,rtructcr, :~ubscrtraeto~, joint -Denture partner- with a .prime or subcontractor, or vendor- of :material or supplies; (c) An MBE joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying requirements for ownership and control. , The MB'E joint venture. must submit Schedule. B of the Regulations . (d) An MBE must ,perform a commercially useful -function, i. e. , must be responsible :for the execution of a distinct element .of the work and. must carry.. out its responsibility by actually performing, managing 'an'd supervising the work.:; {e) Credit .for an Iv4B'E vendor of materials or .supplies is limited to 20 percent of the amount to be 'paid' to 'the vendor for the material unless the vendor manufactures or substantially .alters, the goods; ~(f.) An MB-_E must. be .certfed befor-e credit may ~b.e allowed toward the MBE ;goal,. The City's MB-E Directory identifies MBE''s which °have been certified and others which may qualify for certification.. .. ;, The MB°,E directory may. be obtained from the• City of Petaluma MBE Laison° O"ffce.. (;g,)• ~~ Noncorzaplianee by the C`on'tractor- with th.e. ,requirements of` the regulati'ons' ~ constitutes a breach 'of' this :eon"tract and may result 'in _ termination ,of'. t'he contract; or other `appropriate remedy for such br_ each,. . encoura ed to utilize services offered b banks, . (,h) B;dd`ers• 'are g ~ y . ,. owned and controlled by minorities or- w,omen.: 2-1.03 MB.E G'.OALS FOR THIS PROJECT,. The City has established a total Mirrorif ;. B,usiriess Enter rise (MB.E) participation goal of Tl .percent Y P fore this. project compo ed of 10 percent MBE,'~s owned. and controlled by :minorities and 0 percent to 1. percent owned and controlled by women. It is the b'd'der's .:responsibility to make a sufficient portion of the 'work available to sub:contracaors and supplies and' ao' select those portions of the work or material needs consi"s~terit with the .available. MBE subcontractors and supp`liers,, so as to a°ssure meeting the goal for MBE participation:.. SECTION 3.. SUB,MISS'ION OF MINORITY BUSINESS ENTERPRISE INFORn~ATION, AWARD:, AND EXECUTION OF CONTRACT 3-1.0:1 GENERAL=-The bidder''s' attention is directed to the provisions in Section 3, "Award and Extenton of Contract.," of the Standard' ~S.pecifications 'and. these Special: Provisions for the requirements and conditions concerning submittal. of MBE :information, award and execution of contract. 3-1.0 A. MBE INFORMATION--The apparent bidd'er,. (;lqw bidder.) shall submit MBE information to the. office at which" bid's were 'received no Ia€er than ore:• week following ~tle bid opening, unless a later, time is authorized by the City. Other bidders need not submit MBE information unless requested, to do so , by the City. When such ,request is made, the MBE information. of such bdder° shall be submitted within 5 days, unless a ater time is authorized by the City. The information shall include: { l) Names ~of 'MB,E's 'to be provided byeach and he dollar value of :each such MB:E transaction on the Caltrans "Bidder ~ MBE Information" Form; (Note MBE subcontractors for signal and lighting items:, if there are such items, of work,. must. have been named. in the b'd - See section entitled '!Subcontr acting'! of these Special Provision . (2) A "Mi~norit`y acrd Female Business Enterprise Questio.naire" (S'chedvle. A) for each MB'E not already certified; (3`) Schedule B' '=for :each MBE ,joint: venture. B`i'dders whose subbmi'°ttal in (1) above indicates they will meet. the stated `MB;E goal'... need not s.ub,mit any further MB.E ~infor-;oration, unless: ,the City iris its .r,eview finds -that fihe goal :has not 'been. mete, in which case `additional information. will be '. r-eq:u:ested by the City.. 'The additiornal informa~t~ion ~inay be requ;est;ed to clarify claimed , MBE, participation,. ~ ,or demonstrate that a, good faith effort was made ,to ;mee:t the MBE goal. Such. inforrn~a~tion ~ shall be submitted: pxomptly upon .request: 'by the City. ,~~ ~ .. ~ It' is t'he bidder's responsibility to `set the goal,, of. MB'E participation . or , `to grovide. ~ :information ~ to - establish good faith efforts to do so . Such i~n.formatiori should •include the :following (1) The items of work for which ~ the bidder requested subbids or .materials ;to b;e supplied by "MBE's and documentation of the re:quesa; (2) The` names of, MBE's who submitted bids for any of the work indicated in (1) a~bov~ which were not accepted, the. name of the subcontractor; of supplierthat was selected for that. portion of work, and. the 'rea`sons for the bid"der''s choice. (If the reason was price, give the ;price bid by the.. rejected MBE and the price bid Eby the selected subcontractor or supplier) ; ('3) The names an`d dates of advertisement of each newspaper, trade paper, acrd rniri'ori•fy-focus paper in which a request for MBE participation: for :this project was placed by the bidder; (4.) Any additional data to support a demonstration of good faith . effort, such as contacts with MBE assist-ante agencies or with certified MBE!'s~: (5) The names and dates of notices of all certified MBE's solicited by ,directmail for this' project. 3-l . Q1B AWAR`~D OF ~ CONTRACT--The award of contract, i f it be awarded, will be to the lowest responsible bidder whose proposal complies with all Elie .requirements :;prescribed and who has; met the goal fbr A,4BE participa ion .or .has demonstrated to the satisfaction ~of the City, good. faith .effort to do so. Meeting the ,goal for MBE particip`at'ion. or demonstrating, to the satisfaction of the Gty, good faith efforts to do so is a condition for being eligible for award of contract. " 5-1. MBE RECORDS--The contractor shall maintain records of all subcontracts entered into with certified M$E and female subcontractors and records of .m'aterals ~ purchased from certified MBE :and. female suppliers. Such. records shall show the name and. ,bu`sness address of each MBE and female subcontractor.-' or vendor and ;the total dollar. amount actually paid each MBE and female subcontractor or vendor. Upon completion. of 'the. contract,, a summary of these records shall be prepared: and, ' certified correct= by the Contractor or h'is. authorized r..epre'sentative~„ ;and, shall b.e .furnished . to the MBE. Liaison Office within 10 days after aceep.tanee b'y the City. ATTACHMENT "'A" MBE CONSTRUCTION GOALS The only effective way to implement 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 Enterprises in proportion to their availability within the community.. To~ reach the objective of providing utilization of Minority Business Enterprises, the following FAA construction goals. have been established for the City of Petaluma as required by 49CFR23, Subpart D. .Minority 10 0 Female 1$ Total: 110 T'o ensure program,. success., the City ,of Petaluma will adhere to tre palc,~s and. a~jectwes as stated in tr~is plan. Program amen'dmerts ar_d char-g:Ps will , b.e undertaken if trends so indicate a need to continue program progress. .Goals may be subject to review and revision with information on t'he availability of Minority Business Enterprises within .the local and district area. The City of P_ etaluma will be using Sonoma :County Datum as the basis of its MBE Program. Sonoma County Area Population Breakdown Percent of Total Population Black 1.16 0 Hispanic .(excluding persons from Spain) 4.900 Portu~g~uese (see other) .Asian American 1:.52$ -,- .Amercan Indian and. Alaskan :Native. 1,.17$ O"thers (per S.B.,A.) ~ ('none-'per :S.B.A.) _ O"thers. (,per Gensus.) ~ 3.37 0 ,Female. (o of ,tot:al population) 51..58$ Females of Minority Origin 6,.25$ (estimate) :, Note,: Population percentages represent all .segments of the population .~ ~ re'gardless' of age, employment and ownership. *'Data;=derived fr-orn 1,9.80.- U'.;S.. Census • _'~, Availability of MBE!;s and' Past: Experience An analysis .of CALTRANS' Minority Business Enterprise List (July, 1982) indicates few such businesses reside. in Sonoma County . The list shows ten (10) firms within Sonoma County. By race., five. firms are Hispanic, two are black, and one is Portuguese. Four firms indicate all or part Female ownership.. By work category,, one :is in road. construction, five list concrete, one lists roofing, three list trucking., one lists drainage, two list general engineering, and one lists general building wit-h some listing more than one category.: 'Consequently,, very few MBE's exist which correlates with the low percent .of minorities within the population. Also, recent bidding processes by the County, of Sonoma aawe experienced 6 0 - 8 0 of minority business p ~rtep'atiori .and. 1$ - 3$ female owned business participation. Most MBE.'s .under previous bidding processes have come from MBE firms outside. of Sonoma County. Ex'stng MBE Programs City of ~ P,etaluma l l o total goal City of 'Santa Rosa 10'% Total goal Comity of Sonoma 1~I$ total goal LIEBEL