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HomeMy WebLinkAboutReso 99-1988RESOLUTION NO. 99-88 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AMENDING THE CITY OF SOUTH SAN FRANCISCO'S DISADVANTAGED BUSINESS ENTERPRISE PROGRAM IN ACCORDANCE WITH THE SURFACE TRANSPORTATION AND UNIFORM RELOCATION ASSISTANCE ACT OF 1987 WHEREAS, the City Council of the City of South San Francisco by its Resolutions Nos. 104-81 and 160-84 has previously adopted the City of South San Francisco Disadvantaged Business Enterprise ("DBE") Program; and WHEREAS, the Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter the "Act") changes the federal law to presume that women are socially and economically disadvantaged individuals for purposes of the DBE program, thereby eliminating the separate category of Women's Business Enterprise ("WBE"); and WHEREAS, the City must amend its DBE program to reflect these changes in order to receive federal funds for necessary street improvement projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. T~e City of South San Francisco's Disadvantaged Business Enterprise program is hereby amended to conform with the Surface Transportation and Uniform Relocation Assistance Act of 1987 by presuming that women are socially and economically disadvantaged individuals for purposes of this program. Therefore, separate goals for Women's Business Enterprises shall no longer be used and i~stead will be included in the City's overall DBE goals. 2. The Mayor is authorized to sign the Policy Statement contained in the progran on behalf of the City. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 27th day of July , 1988 by the following vote: AYES: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, and Roberta Cerri Teglia NOES: bone ABSTAIN: bone ABSENT: Councilmember Jack Drago EXHIBIT TO RESOLUTION NO. 99-88 CI I OF SOUTH SAN FRANCISCO DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Policy Statement It is the policy of the City of South San Francisco (City) to utilize Disadvantaged Business Enterprises in all aspects of Federal Aid Transportation contracting to the maximum extent feasible. This policy is fully described in the City of South San Francisco Disadvantaged Business Enterprise Program which constitutes City )olicy and a commitment to substantially increase disadvantaged ness utilization. This policy includes any program or facility funded wholly or in part by any U.S. Department of Transportation modal element, through the California Department of Transportation CalTrans). 'he City, its contractors and subcontractors, who are the recipients Federal-aid funds, agree to ensure that disadvantaged business )rises have the maximum opportunity to participate in the of contracts and subcontracts. In this regard, the City all of its contractors and subcontractors will take all reasonable steps in accordance with 49CFR Part 23 to ensure that disadvantaged ~usiness enterprises have the maximum opportunity to compete for and ~erform contracts. ATTEST: Mayor Date City Clerk/ II ~isadvantaged Business Enterprises (DBE) Liaison Officer T~e City Engineer shall act as the City's DBE Liaison Officer and will a~sign such staff as is necessary to fully implement the provisions of 4~CFR Part 23 and such other DBE programs as may be required. III D~ties of the DBE Liaison Officer T~ P~ ~e DBE Liaison Officer shall develop, manage and implement the DBE 'ogram on a day-to-day basis. The Liaison Officer shall: Develop and carry out technical assistance programs for DBEs. Arrange solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules, so as to facilitate the participation of DBEs. Where such changes are found necessary to increaase DBE utilization, they will be made in consultation and cooperation with the functional unit involved. IV Carry out information and communication programs on contracting opportunities in a timely manner. Where appropriate, these programs shall be bilingual. Investigate the full extent of services offered by banks owned and controlled by disadvantaged individuals, including women. Ensure that, where possible, the City utilizes these banks. Utilize a listing of DBEs certified by the California Department of Transportation (CalTrans). This listing shall be made available to all bidders on City projects. The listing shall include, at a minimum, the following information: Name, address, telephone number, ethnic and/or sexual ownership and type of work performed by firm. Approve any removal and/or substitution of a Disadvantaged Business Enterprise during contract performance. Prior to approval of substitution and/or removal of a DBE, prime contractors will be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. Establish overall City goals for Disadvantaged Business Enterprises. These goals shall be evaluated on September 30 of each year and adjusted as necessary. Establish individual project goals for Disadvantaged Business Enterprises. All projects will be evaluated for the appropriateness of goal s. Maintain such documentation as is necessary to verify City performance of the above activities. E~tablishment of Overall City Goal T~e City will establish an overall goal for its use of DBEs. This g)al will be updated annually as of September 30, of each year. The C'ty's overall goal and methodology used to determine the goal for tl~e fiscal year beginning October 1, 1988, is shown on Attachment "A". C~ntract Goals All projects receiving U.S. DOT funds will be evaluated for the aFpropriateness of DBE goals. Projects will be evaluated and goals established, utilizing the following criteria: - Size of project. - Opportunities for DBEs as subcontractors, vendors, suppliers. - Minority population of San Mateo County. - Existing DBE goals being utilized in the project area by other State, Federal or local jurisdictions. =2= VI VII VIII IX Availability of DBEs. Past experience on projects similar to the project being evaluated. - Such other factors as may affect the utilization of DBEs. Each project will be evaluated in conformance with the above criteria. Complete documentation will be retained for every project so evaluated. ~ublic Notification At the time of submittal of this program to the U.S. Department of Transportation, the City will publish a notice in both minority-focus and general circulation local media and trade association publications. This publiction shall: Announce the City's overall goals. Inform the public that the goals and a description of how they were set, are available for public inspection during normal business hours for a period of thirty (30) days. Inform the public that both U.S. DOT and the City will accept comments on the goals for forty-five (45) days from the date of notice. The notice shall advise interested parties that comments are for informational purposes only. ontract Procedure This plan shall be implemented through the utilization of contract )ecial provisions, samples of which are attached. These procedures r)quire bidders to submit the names of DBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, a~d the dollar value of each DBE subcontract. DI;E Notification D()signated State Plan Rooms will receive complimentary plans and sIecifications for projects within their geographical area of responsibility. All contractors bidding on City projects will receive ccpies of the certified DBE list for use in requesting subcontractors fcr labor and materials. Disadvantaged Individual Owned Banks Th) City will encourage all contractors to use the services of banks owled and controlled by disadvantaged individuals, including women. Th':s encourgement will be disseminated during pre-bid and pre-construction co))ferences (if scheduled) and the contract specifications. XI XII XIII Selection Criteria for Contracts Every contract shall be elevated by the DBE Liaison Officer or his/her designee to ascertain bidding contractors' efforts to attain the DBE goals. The award of any project must be concurred with by the DBE Liaison Officer or his/her designee before the contract may be awarded. Competitors that fail to meet the DBE goals and fail to demonstrate sufficient reasonable efforts shall not be eligible to be awarded the contract. All contracts, pursuant to this policy, will be monitored 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 provisions is questionable. The contractor shall submit a final report for each project which includes total payments to the prime contractor as well as payments the prime contractor has made to DBE subcontractors, vendors and suppliers. If the report indicates the prime contractor nas not achieved the project goals, project personnel shall attach an uation, in narrative form, of the reasons for failure to attain goals and any corrective action that was taken. contractors will be required to notify City personnel of any ituation in which regularly scheduled progress payments are not made DBE subcontractors, vendors or suppliers. ;et-Asides f determined to be necessary by the DBE Liaison Officer, the City may onsider the use of DBE set-asides as a tool to achieve the overall ity goal. DBE set-asides shall be used only where at least three (3) DBEs with capabilities consistent with contract requirements exist so a to permit competition. C ~unting DBE Participants T~e City, its contractors, and subcontractors shall count DBE p~rticipation in accordance with the provisions of Section 23.47, T~tle 49, of the Code of Federal Regulations. R~cords and Reports T~ Su in e DBE Liaison Officer shall maintain such records, and provide such ports, as are necessary to ensure full compliance with this policy. ch records and reports shall include, as a minimum, the following formation: -4- x]rv xv - Procedures which have been adopted to comply with this DBE policy. - Awards to DBEs. - Awards to majority contractors. - Final project reports concerning DBE utilization. - Specific efforts to identify and award contracts to DBEs. Such other data as is needed to fully evaluate City compliance with this program. The DBE Liaison Officer shall submit DBE data to CalTrans and reports to U.S. DOT elements as required. These reports will include: Number and dollar value of contracts awarded to DBEs. Description of general categories of contracts awarded to DBEs. The percentage of the dollar value of all contracts awarded during the quarter which were awarded to DBEs. Indication as to the extent of which the percentage met or exceeded the overall City goal. Reports shall be broken down separately by ethnic grouping and sex. 'BE Listing The City will utilize a listing of firms certified by CalTrans to be Disadvantaged Businesses in accordance with the DOT Order. This listing shall be made available to prospective contractors at no charge. C,)ntractors will be permitted to rely upon the authenticity of firms 1 sted in this directory. A contractor desiring to use a DBE not i~cluded in the CalTrans certified listing will be allowed to do so, b~t will be required to provide the specified information from the DBE t( C( be certified by CalTrans before such participation is counted towards ]rd of the project. npl ai nts Any complaints received by the City concerning this program will be investigated by the City. The City will endeavor to resolve all cGnplaints within ninety (90) days of receipt by the DBE Liaison Officer Th appropriate DOT element will be furnished a copy of the complaint an invited to participate in the investigation/resolution. The DOT el ment will receive a complete investigative report on the complaint an will be requested to concur in the proposed disposition of the cor ~laint. Col :ractors will be directed to notify the City of any complaints they receive concerning this program. -5-