HomeMy WebLinkAboutResolutions 86-175 N.C.S. 07/07/1986+_
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~es®IUtI®I~ N®. 86-175 N.C.~.
of the City of Petaluma, California
A RESOLUTION STATING
THE CITY'S POLICY FOR
DISADVANTAGED BUSINESS ENTERPRISES (DBE)
RND
WOMEN BUSINESS ENTERPRISES (WBE)
IN FAU (FEDERAL AID URBAN) PROJECTS
THROUGH THE YEAR 1986-87
ALSO SETTING WBE AND DBE GOALS
FOR THE SAME YEAR
WHEREAS, in order to received Federal Aid Urban 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
policy for the year 1986-87 and further sets the City's
goals for hiring under FAU contracts as loo participation by
disadvantaged business enterprises (DBE) and 1%
participation by women business enterprises (WBE).
dbewbe2.txt
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 r e as to
Council of the City of Petaluma at a (Regular) (~~}~~ meeting
on the ...------• 7th..... day of ...............s~>~~.y.........._......................., 19...$.~, by the
following vote:
y Attorney
AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, V.M. Ten er Mayor Mattei
NOES: None
ABSENT: Non
ATTEST : ... ......................................................... ........... ......
City erk 3 01 0 4....
Council FilOe.C ..............._. ........
CA 10-85 Res. No. ... O. V.-~~.~..... N.C.S
Mayor
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DhSAbVANTAGED BU.S,INESS ENTERPRISE (DBE:7
AND' WOMEN-OWNED BU'SINES'S' ENT£RPRIS£ -
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(WBE-) ~PRQCRAM:
CITY' OF: Petaluma
I. Policy Statement
It is the po icy of the City of Petaluma
to utilize Disadvantaged Business En€erprses (DBE) and
Women Busn.ess•Enterprise (WBE) in all aspects of
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- contract;ng.to the maximum eXtent feasible. This policy
is-fully described herein which constitutes policy and
commitment to substantially increase Disadvantaged
Business and Women Business Utilization. This policy
includes any p'rogram•aetvity or faci3ty funded wholly or
in part by any ~..S. Department of Tr~an°sportation modal
element..
This Agency,~its contractors and subcontractors, which are
the rec'ipen;ts of Federal-aid funds, agree to ensure DBE
and WBE firms'.have the.~maxmum opportunity to participate
in the performance of contracts and subcontracts., In this
regar.d., this agency and all of its contractors and
subcontractors will take all reasonable steps in
accordance w h 49 CFR 23 to ensure that DBE and WBE firms
have the maximum opportuni°ty to compete for and perform
contracts
COUNCIL F(LE 301-'~'4 __
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Thomas S". Hargis
Dir. of Public Works/City Engineer
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Date
II. Disadvantaged.Business. Enterpr-;se (DB"E):and Women-Owned
Busines°s Enterprise (WBE) Liaison Officer
Michael Acorne- ~ Procrram Administrator
is the D/WBE Liaison Officer for this' agency and shall
Engineer
report to the Dir. of Public Works/City He/She"will be
assigned such s'taf'f as is necessary to fully implement the
provision of 49CER Part 23 and such. other D/WBE programs
as may be requre~~ ~ ~ -
III. Duties of the:-'D/WBE Liaison Officer
The D/WBE Liaison Officer shall develop, manage and
implement the D/WBE Pro-gram on a day-to-day basis. The.
Liaison Officer hall:
o Develop and carry out technical assistance programs
for D/WBE' s,., .
o Arrange solicitations, time for .the presentation of
bids„ guan' ites,.specifications, and delivery
schedules so ass, to facilitate the par-tic:ipaton of
D/WBE's. Where such changes are found necessary to
increase D/WB'E utilization, they will 6e made in
consultation and cooperation with the functional
unit involved.
~~OUNCIL. FILE 301^O`3 ~ _i1 -2- ~ ~~~~~~~
F2ES. IV O. 8ti6 - 11----~'~'~I
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o Provide g,u-dance to D/WBE~'a in overcoming barriers,
such as in~ab°lity 'to. bb'tain bonding or financing.
o Carry out, information and communication programs on
contracting opporaunties in a timely manner.
Programs shall be bilingual"where appropriate.
o Investigate t~e~services offered by banks owned and
con;trol`led by Disadvantaged Business and Women "
`~ 'Business Enterprises.
o Unless noted elsewhere herein the lis~tag of D/WBE's
. certified by Caltrans will be utilized. Said
listing is to be made available to all project
bidders. Sueh listing will include the following
riforma ion: ~ Name, address, te'leptione number,
ethnic and/or sexual ownership, type of work
performed by firm.
o Prior to approval of the sub ttut-ion of any D/WBE
sub'--contractor, the prime -contractors will be
r.eq=ui`red to prove performance of good faith efforts
to replace the D%WBE with another eligible D/WBE~.
o Estab`lis'h overall goals for both disadvantaged and
women' business enterprises,. Goals sh_a'll be
evaluated annually and adjusted as necessary.
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~rOUN.CIL FILE _-
Rss. rvo., 8 6'-17 5'. , ,
o Establish appropriate individual project. goals for
disadvantaged: and women business enterpri~ses~. A11
projects wll~be evaluated f°or the appropriateness
of goals.
. o Perform good faith analysis when project goals are
not achieved:.
o Maintain such:docume:ntation as is necessary to
veifg performance of all activities included in
this program.
IV. .Public Notif.,cation
1. At fhe time of submittal of this program to the State
• Department of Transportation, a.not,ice in both
minority ,and ~ma-jbrity local. med''a will be published.
said publication shall includes
o The annual overall D/WBE~goals.
oInform the public that the goals and a description
of how they are set are available for public
• inspection for a per°od of 30 days.
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COUNCIL FILE. 3~O l--:O-4.
ems. No. 8.6..:T75
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o Inform the pub`l,ic that ~~both U.,S. DQT and tha
agency will accept comme_n:ts on the; goals for 45
-days from the; ,:date- of the ,notice.
o T;he notice shall advise interested parties that
comment"s are for nsform'a ion purposes only.
2. This program will be reaffirmed by public notice
annually at the time of ;publication of overall goals.
If substantial changes are made to thi document, the
entire document shall be subject to notification noted
in C1) above.
3. In addition to the foregoing, inaerested.disadvantaged.
and majority contractor organza;tons will receive
direct mail"ivn,;gs of this- complete pr-ogram.
V. Establishment of Goals
1. D/WBE goals w l be established both annually (overall)
a"nd on a per contract basis. The. overall goal will 'be
based on planned contract activity for the coming year,.
The overall- goal est~ablis'hed will be subject to
methodology and procedures established in 49CFR 23,
Subpar"ts (C") and (D) and take , effect on October lst
of. each ;year- .
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~GOUNCIL FILE'.
RES..NO: ,. _ ~'86:=175
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2. Indiv'id'ual project goals w~1T be established for both
DB£ an"d WBE `a"ctiv y ba-s:ed on the following.cr:iteria:
o ~ Attainment of establis°hed overall goals.
o Size .of' ;project.
o Opportunites~for D/WBE"s as subcontractors, vendors,
and supplie s.
o Minority ~popu'lation of g:eo_g.raphic area in which
work is to be performed.
o D/WB'E goals being utilized in the geographic ar-ea by
other State, Federal or local "jurisdictions.
o Availability of D/wBE's,
o Past ;experience on projects similar to the project
being e~alua,ted,.
o. Such :other factors as may ~eff2ct the utilization of
D_ /WBE',s
Complete eva=uatio'n documentaton'w11 be retained for each
project .. '
~OUIVCIL F7L:E ~~;01_;O 4' -v- ~ .~~~ ~ ~ ~6'b
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3. Projects which do not contain specific goals. will contain
' the following provision`s:
A. "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
opportunty to participate in. the performance of
contracts financed in whole or. in part with Federal
funds und'er~th'is agreement. Cons°equently, the D/WBE
requirements of 4.9 CFR Part 23 apply to this
agr,eement."
B. "D/WBE Obligation. (°) The recipient or its contractor
agrees to en-sure that disadvantaged business
enterprises as defined in 49 CFR Part 23 have the
maximum opportunity to participate in the performance
of contacts and subcontracts•financed in whole for in
part with Federal funds provided under this agreemen:t,.
In this regard, all recipients or.contrac ors shall
take all necessary and reasonable steps in accordance.
with. 49 CFR P;a•rt 23 to ensure that disadvantaged
business enterprises have the maximum opportunity to
compe'te•for and perform contracts. Recipien s and
their contractors' shall no•t discriminate on the basis
of race, color, national origin, or sex in the award
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and:..perf'ormance of DOT-assisted contracts."
301-04~ ~ ,~ ~ ~ ~ ~/
,8.6-175_
RES. NO. __--.---
VI: Contract Procedure
This program shall be implemented through the u;tilzaaion
of a contract special provision which is attached here o.
These procedure 'require bidders to submit the names of
D/WB`E subcontractors and suppliers, a description of the
work each is t-o per-form or material to be furnished, and.
the dollar value of each D/WBE subactivity.
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VLI. D/WBE Notif~icat-ion
Projects will 'be~advertised.in local newspaper ,and minority
focus newspapers when possible. These ads will .include.
reference to D/WBE'requirements and w.11 indicate DBE and WBE
project goals.
D/WBE assistance centers will receive notification of
projects scheduled to be advertised. Assistance.Genters,
Minority Business Development Centers and Program
Management Centers will be afforded the opportunity to
receive complimentary plans and specifications for
proj,ects~ within their geographical area of responsibility.
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COWNCIL~FILE 3~0~1'~OY
RES. NO'. 8'6~_ 1
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o Th'e percenta;ge,, of `the dollar value of ail 'contracts
awarded during they year which, were awa~rd'ed to D/WBE's.
o I_nd.catio;n as! to the extent of which the percentage met
or exceeded the overall goals.
o Reports shall be broken down~separat~ely by ethnic
grouping an~ sex.
XII. Complaints
Any complaints received by the Agency concerning this
program will be investigated by Mchael_Acorne
He/She will end'eavar to resolve said comp ants wt'hn~90
days of reeeip.t by the D/WBE, Liaison Officer,. The
appropriate DOT element and Caltrans will be furnished a
copy of the comp a-int and may be invited to .participate in
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the investigation/resolution. .The: DOT element and
Cal;'tr.ans wi l receive a comple';te 'noes =gatve report on .
th'e compaain`t and.: ma'y be. r-equeste_d to concur in the
proposed disposition of said complaint,.
Contractors will be directed to notify the Agency of any
complan~ts :they may receive concerning this program.
COUNCIL FILE .3 ~ ~--'~'4 ~1-2~ ~ r
RCS. NC.+:.. 8.6. 1.7,5 -- ~ F ;1~~~
VIII. Selection Criteria for Pro~:eets with D/WBE Goals
Every project containing D/WBE goals shall. be evaluated by
the D/WBE Liaison Officer or his./her designee to ascertain
.bidding contractors' efforts to attain the D/WBE goals.
The award of any ;project with D/WBE goals must be
concurred with by the D/WBE Liaison Officer or his/her
desgnee.before said contract may be awarded. Should
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there be di agreement be ween functional units concerning
contras ors' e~ff;orts to. attain contract goals for D/WBE
participation, the matter shall be referred to the
Dir.. of Public Works./C'ity Enctineer or his/her
designee, for final determination.
Competitors that fail to meet the D/WBE goals and fail to
demonstrate. sufficient reasonable good faith efforts shall
not be eligible to be awarded the contract.
Any contracts that contain D/WBE goals-,: pursuant to this
policy, will be monitored on an ongoing basis by project
personnel during the course of construction. The D/WBE
Liaison Officer is to be immediately advised of any
circumstances wherein contractor compliance with the D/WBE
provision is questionable. The contractor shall submit. a
final report for each project with D/WBE goals which
includes total payments'to the prime contractor as well as
payments the prime contractor has made to D/WBE
COUNCIL FILE 301-04
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subcontractora,~vendors .and suppliers. If the report
indicates the• prime coa'tract~or 'has ,not' achieved the
project goals, project per•s`onnel shall attach' an
evaluation.; in narrative form, of the reasons for failure
to attain the goa s and any corrective action t-hat was
taken.
`Prime contractors will be required to notify the Agency of
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any situation~n whinh regularly scheduled pro3ress
payments. are not made to D/WBE subcontractors, vendors or
.' ~ suppliers.
IX. Set-Asides
If determi-need necessary by the D/WBE~Laison-Officer,
D%WBE S'et-Asides wil`1 be consider as a tool to achieve annual
overall goals..,
X. Counting D/WBE `Participants
This Agency, ;ts eon ractors,, and subcontractors shall
court'"t_ D/:WBE participation in °accord'ance .with the
pro isions.of Section 23.47, Title 4~9, of the Code of
Federal'Re:gulatons.
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tz~s. No. ~ ;8;6-1J 5 .
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` XI. Record's: and Repo'rts'
1. The D/WBE Liaison Officez shall :maintain such records,
and provide such reports, as are necessary to ensure
full complanc.e'wth th policy. Such records and
reportsshall; include, as a minimum, .the following
information;.
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o Award's to D/WB'E' s..
o Awards to majority co'ntraetors.
o Final project reports concerning D/WBE utilization.
o Such other data a is needed. to fully evaluate
compliance with, this program,
2. The D/WBE Liaison Officer shall submit reports to Caltrans
and/or ao the appropriate D,S.. DOT element as required.
These .reports wil include;:
o Number- and dollar value of contr-wets awarded.
o Number and dollar value of contracts and subcontracts
awarded to D/WB~E's.
o ;Deser~ipton of general categories of contracts awarded
to D/WBE's.
couNCi~,~i~E . 3;01;-04 -1.1.-
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