HomeMy WebLinkAboutResolution 92-144 06/15/1992F~eSO1UtlOn N®. 92-144 N.C.~.
1 of the City of Petaluma, California
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5 RESOLUTION EXTENDING TIDE
6 EXPIRATION DATE OF TIDE
7 DISADVANTAGED BUSINESS ENTERPRISE PItOGRAA/i
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11 WI~IEREAS, by Resolution 90-410, the City Council adopted the initial
12 Disadvantaged Business Enterprise (DBE) Program, which expired on
13 September 30, 1.991;
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15 NOW, TI~EREFORE, BE IT RESOLVED, by the City Council that the
16 expiration date of said program is extended to December 31, 1993; and
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18 BE IT FURTI~ER RESOLVED, that the City Clerk is directed to publish
19 a notice regarding the extension of the DBE Program in the local
20 newspapers.
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22 fndbe/agenda/a
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 _ Approved as to
Council of the City of Petaluma at a (Regular) (A$~8~i8~1) meet}ng form
on the ..-----15th........ day of .............~IAD.~.....-......_..............--.....-., 19...92, by~the -
following vote: ......1.---- ••---~------ -
~ City Attorney
AYES: Read, Davis, Nelson, Vice Mayor Woolsey, Mayor Hilligoss ,Sobel
NOES: None
ABSENT: Cavana
ATTEST : ...... ............ .... ......•----•--.....-•-----.-...-......-...-..........-_...........
City Clerk
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Vouncil r'ile ....................................
CA 10-85 Res. No.....~2-~44......... N.C.S.
Exhibit "'A"
Program Descrpt on
for
Local Agencies
DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM
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(FHWA encourages the use of this standard
.program description in accordance with
Code o>f Federal Regulations 49, .Part 23,
Section ,2.3.45 and other related sections)
CalTrans, Office of Local Streets and Roads, Rev. 10/89
~es0 cfa-l~~NGS
D;LSADVANTAGED BUS2NES$ ENTERPRISE (DBE)
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_ ' . PROGRAM;
CITY OF PETALUMA
I. Policy Statement
Lt is the policy of the~City o;f Petaluma to utilize -
Dis'advantaged Business Enterprises (DBE) :and firms as
de-fined 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 ubstantally increase DBE Utilization in
all program activities funded who_1ly or in part by any
• U.S. Department of Transportation model element..
This Agency, its con ractors and sube'ontractors, which
are the recipients of Federal-aid funds, agree to
ensure DBE firms 'have the maximum opportunity to
participate n the performance of contracts and
subcontracts.. In this regard, this Agency and all of
its contractors and.subcontr•actors will take all
reasonable s-t.eps in accordance with 49 CFR 23 to ensure
that DBE and~~firms have the~maxmum opportunity to
compete for n ~ perform co tracts.
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Thomas 5,..-Hargis., D,irec
_2_ J
of Engineering
~2s a . 9 2.-. I !~ µ~ nE~S
-II. Disadw::antaged Business;Ent'erpr~se {DBE.) Liaison
offi'c'er
Mr. Thomas 'Hargis, Director of;'Engineering is the DBE
Liaison Officer for- this agency and shall report to the,
City Council. He will be as;sgned such staff: as is
necessary to fully implement •the provision of 49 CFR ''
Part 23 and,ysuch other DBE programs as may b,e requ,ired.
The; reporting structure- °and ;duties of suppor-t staff' are- '
shown on Attachment "A-1".
III . Duties` of ;the DBE Liaison .Officer
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The DBE. Liaison. Officer sh~a'l1 develop, ~,ma_na,ge and
implement the DBE program on.a day- o-day basis. The
Liaison Officer shall:
o Develop_ and carry out ;technicalassistance
programs -for. DgE;!
o Arrange sol;citations., time for the ~.
presentation of bids, q~uant`,tes, .specifications
and ,delivery schedules so as -to faci'li,tate~ the
par-tic pation ,o~f~~~ DBE3' s : Where- ouch changes ar.e
'. found n:eces`sary to,. increase. -DBS utilization,
they will~be made in consu Cation and cooperation.
with the • functional unit involved.
o. Provide guidance to DBE:''s in overcoming barriers,
such as inability to obtain bonding or f:°inancinq..
o Carry 'ou.t information an`d. communication. programs
on conhtractnq opportunities in a timely manner'.
Programs shall Abe bilingual where appropriate.
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o Investigate the services offered by banks
owned and controlled by Disadvantaged
Business Enterprises.
o Unless noted elsewhere herein the .listing of
DBE's certified by CalTrans will be utilized.
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 and type of work performed by firm.
o Prior to approval of the substitution_of any
DBE sub-contractor, the prime contractors will
be required to prove performance of good faith
efforts to repl-ace the DBE with another eligible
DBE.
o Establish a DBE overall annual goal. The goal
shall be evaluated annually and adjusted as
.necessary.
o Establish an appropriate individual project DBE
goal for each Federal Aid Project advertised.
o Perform good faith analysis when the project
goal is not achieved.
o Maintain such documentation as is necessary
to verify performance of all activitie's
included in this program.
IV Public Notification
1. 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:
o The annual overall DBE .goal
o ~ Notification that a description of .how the
goal was set is available for public
inspection for a period gf~30 days.
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o Notif cation that both U.S. DOT and this agency
will accept comments of the goal for 45 days
from the date of the: not°~ee. The notice shall
advise interested parties that comment=s are for
i~'nformation purposes only. '
2. 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 (1)
above.
3. In addition to the fo~regoinq, interested
disadvantages and majority contractor
organizations wi'11 .receive direct maiings.of
this complete program.
V. Establishment ~of Goal
1. _ The DBE goal will be established both annually
(overall) and on a-per contract basis. The
overall goal will be based on planned contxact
act vity for the coming year. Theoverall goal
established will'be subject to methodology and
procedures established in 49 CFR part 23, subparts
(C) and (D) and take effect on October l of each
Year,.
2. The overall DBE goal established with this initial'
program is 1Uo and..covers: the period October 1,
1990 to September 30, 1991.'
3. Individual project goals will be established based
on the following cri°teria:
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- ~ o Attainment of established overall goals
o Size of project -
. o Opportunities for DBE's as subcontractors;
vendors and suppliers
o Minor:ty-~population of geographic area in
which work is to be performed
o DBE goals being uti`l.ized in the geographic
area by other State, .Federal or local
jurisdiction
o Availability of certif=ied DBE's
o Past experience on projects similar to
the project being evaluated
o Such other factors as may effect the
utilization
Complete. evaluation documentation will be retained for
each project.
4. Projects which do not contain a specific goal
will contain the following provisions:
A. "Policy - it is the policy of the Department of
Transportation that disadvantages business
enterprises as defined in 40 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
40 CFR Part 23 apply to this agreement."
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B. ,DBE Obligation - (i) The 'r'ecipient or its
contractor agrees to ensure that disadvarita'ged
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 the Federal funds
provided under thi~s.~agreement. In this regard.,
all recipients; o;r. contractors shaT take all
necessary and re,asonable.s cps in accord'ance° 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 discrimina a on
the basis of race,~color, national orign~or
sex in the award and performance of DOT-ass"fisted
contracts."
VI. Contract Procedure
This 'program shall ~;be mplemente`d -thr.bugh the
utilization of°a.contrae ,special provision
which will be providedyupdated as necessary by
CalTrans' Division 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 pe`r--form or
material to be furnished, and the dollar value
of each DBE subactivifiy.
VII. DBE Notification
Projects will be advertised in local newspapers
and minority focus~newsp~apers when possible.
The' a ads will inc ude reference to DBE.
requirements and wi~l~l indicate the DBE project
goal.
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DBE supportive service as stance.cen~ters will receive
,notification of projects scledu ed to be advertised.
Such Centers., will be afforded the opportunity to
receive complimentary plans-and specifications for
projects within their geographical area of
responsibility. -
VILI.Selection Criteria~.for Projectts with~.DBE Goal.
Every project containing a DBE goa'1; 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 qr his/her designee
before-said contract may be awarded. Should there
be disagreement between fund onal'un=its concerning
contractors-'' efforts to attain contract goals for DBE
participation, the matter shall be referred to the City
Council or, his/her designee, for final determination.
Compet-tors that fail to meet the DBE goal and fail to
demonstrate sufficient reasonab a good faith efforts,
shall be.de,clared non-responsive and ineligible for
award o-f ahe contract ..
All contracts that contain a DBE goal, pursuant to
this policy, will be monitore'd,.;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 achieve
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Rao 9 a~ ~:.~ ~ ~;cs
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,the project goal, project personnel shall attach an
ev.aiuation, ,in narrative form,, of the .reasons for
fa-lure to (attain the goal and any c`orrec'tive
action that was'taken.-
Prime cont~r::acaors wi11 be. required ` to notify the
Agency,. of any situation in wfi_ich regularly scheduled.
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progr,es pa~yment,s are •not' made 'to DBE subcontractor--s,
vendors or <supplier`s.. ~ ~.
IX: fGoun,ti"ng DBE Participants •~- ~ ~"
This agency, .'ts .contractors, and subcontractors ~sh~all•
count DBE participation in acco'rd'ance with the`
provisions of Section 23.~47,'.T.itle 49, of the Code of
Federal Regulations,. ~~ ,
X . Records; and Reports,
1 ': The- DBE., Liaison Officer sha11 maintain such
records, a_nd provide such reports,'a!s are
necessary to, ensure. fu11 compliane'e„'wi'th this
policy. Su~eh -records and. ~repo,rts shall include,
as a minimum:,- the' following iri~for-mat?ion'`:
o Awards to-DBE's..
o Awards t'o m~a j ori.ty "contractors .
o Final project report°s concernnq'DBE
utilization,.
o Such other~da'ta as is needed_to fully
' evaluate complance~w.th this program.
• 2~. The DBE hiaison Of fleet shal`1 submit' report"s to
Ca1T,~ran~s -and/or t'o the appropriate U. S~. DOT`
element :as -required. These, reports willinclude:
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o, -"Number and dolla`z value of contracts awatdedr
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o Number and-dollar value of contract and
-subcontracts awarded to DBE's.
o Description of_gener.al categories of
contracts awarded :to~DBE's.
o The percentage of the dollar value of all
contracts awarded during the year which
were awarded to DBE.
o Indication as to the extent of which the
percentage met-or exceeded the overall
goal.
o Reports shall be broken down separately
by ethnic grouping.
%I. Complaints
Any complaints received by the Agency concerning this
program wihl be investigated by the DBE Liaison
Officer. He/She will endeavor to resolve said
complaints within 90 days of receipt by the DBE
Liaison Officer. The appropriate DOT element and
CalTrans will be furnished a copy of the complaint
and may be invited to partcipate.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.
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ATTACHMENT "~A-1"
THE REPORTING STRUCTURE AND
DUTIES OF SUPPORTING STAFF
The Supporting staff shall report to the DBE Liaison
Officer and shall perform the .following duties:
* Assist the Liaison Officer in determining if
the DBE goal is met or if the apparent successful
bidder has demonstrated good ,faith efforts to meet
the DBE.goal.
* Monitor the DBE utilization during the length of
the,pro:ject:
* Interview the contractor.!s:employees on' the job
site, collect pay stubs and periodically check
pa._yroll records to make sure that the contractor
complies with the general prevailing rate of
wages.
dbeprog