HomeMy WebLinkAboutCC Resolution 10396 (Disadvantaged Business Enterprise)RESOLUTION NO. 10396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL REGARDING DISADVANTAGED BUSINESS
ENTERPRISE (DBE) PROGRAM AND POLICY FOR
FEDERALLY FUNDED PROJECTS
WHEREAS, the City actively seeks federal and state funding to
supplement its fiscal budget to improve infrastructure and build new facilities to improve
quality of life in San Rafael; and
WHEREAS, the City has received full funding from the Federal
government for the Fourth Street and Fifth Avenue Traffic Signal Upgrade and
Interconnect by Radio System and the design and specifications now ready for bidding
process; and
WHEREAS, the Federal Highway Administration requires the
Disadvantaged Business Enterprise (DBE) program and policy be adopted by City Council
and be incorporated in the federally funded project bidding process.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that the City Manager be directed to advertise the Disadvantaged Business
Enterprise (DBE) program in newspapers annually and update the program as required for
federally funded projects.
r
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the Council of said City on the 19' day of April, 1999, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
JEA4LEONC NI, i�y e' rk
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM
CITY OF SAN RAFAEL, CALIFORNIA
April 19, 1999
I. Policy Statement
It is the policy of the City of San Rafael to utilize Disadvantaged Business
Enterprises (DBE) and firms as defined in 49 CFR Part 23 in all aspects of
contracting for all projects involving to the maximum extent feasible as permitted
under the California Constitution, Article I, Section 31. This policy which is fully
described herein constitutes policy and commitment to substantially increase DBE
Utilization in all Federal, State, and State -Local Partnership projects which
involve any Federal funding. The following is a definition of a DBE, as defined
in 49 CFR Part 23:
"A DBE is a small business concern which is at least 51%
owned and controlled by one or more socially and
economically disadvantaged individuals."
The City of San Rafael, its contractors and subcontractors, agree to ensure DBE
firms have the maximum opportunity to participate in the performance of
contracts and subcontracts which involve any Federal funding. In this regard, the
City of San Rafael and all of its contractors and subcontractors will take all
reasonable steps in accordance with 49 CFR Part 23 to ensure that DBE firms
have the maximum opportunity to compete for and perform contracts.
Rod Gould
City Manager
II. Disadvantaged Business Enterr)rises (DBE) Liaison Officer
The Public Works Director is the DBE Liaison Officer for this agency and shall
report to the City Manager. He/She will be assigned such staff as the City can
afford to fully implement the provisions of 49 CFR Part 23 and such other DBE
programs as may be required.
III. Duties of the DBE Liaison Officer
The DBE Liaison Officer shall develop, manage and implement the DBE Program
on a day-to-day basis. Typical duties include, but are not limited to the following
activities:
• Research and identify technical assistance programs for DBE's.
• Provide information to assist DBE's in overcoming barriers, such as
inability to obtain bonding or financing.
• Provide information and contacts regarding contracting opportunities.
• Unless noted elsewhere herein the listing of DBE's certified by Caltrans
will be utilized. Said listing is to be made available for review in the City
of San Rafael Public Works Department. Such listing will include the
following information: Name, address, telephone number, ethnic and / or
sexual ownership, and type of work performed by firm.
• 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
replace the DBE with another eligible DBE.
• Establish a DBE overall annual goal. The goal shall be evaluated annually
and adjusted as necessary.
• Establish an appropriate individual project DBE goal for each Federal Aid
Project advertised, which shall be not less than 10% of the contract cost
for all Federally assisted construction projects.
• Perform good faith analysis when the project goal is not achieved.
• Maintain such documentation as is necessary to verify performance of all
activities included in this program.
I. 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;
• The annual overall DBE goal.
• Notification that a description of how the goal was set is available for
public inspection for a period of 30 days.
• Notification that both U.S. DOT and the City of San Rafael will accept
comments about the goal for 45 days from the date of the notice. The
notice shall advise interested parties that comments are for information
purposes only.
1. 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.
2. In addition to the foregoing, interested disadvantaged and majority
organizations will receive direct mailings of this complete program.
I. 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 contract activity for
the coming year. The overall goal established will be subject to methodology
and procedures established in 49 CFR Part 23, Subparts (C) and (D) and take
effect on January V of each year.
2. The overall DBE goal established with this program is 10% for all
Federally assisted construction projects constructed or bid from January 1,
1999 to December 31, 1999.
3. Individual project goals will be established based on the following
criteria:
• Attainment of established overall goals.
• Size of project.
• Opportunities for DBE's as subcontractors, vendors, and suppliers.
• Minority population of geographic area in which work is to be performed.
• DBE goals being utilized in the geographic area by other State, Federal or
local jurisdictions.
• Availability of certified DBE's.
• Past experience on projects similar to the project being evaluated.
• Such other factors as may effect the utilization of DBE's.
Complete evaluation documentation will be retained for each project.
1. Marin County Demographics:
San Rafael/Marin Population Profile
Category
San Rafael
Marin
Total
54,000
245,900
White
68%
81%
Latino
17%
10%
Asian
7%
6%
African-American
8%
4%
Median age
38.6
39.9
Per capita income
$30,130
$36,115
Average household income
$70,164
$85,218
College/Professional Degrees
44%
51%
San Rafael/Marin Population by Age Group
Area
0-17
18-44
45-64
65+
San Rafael
17%
46%
24%
13%
Marin
19%
43%
26%
12%
1. Projects which do not contain a specific goal will contain the following
provisions:
A. "Policy. It is the policy of the City of San Rafael that
disadvantaged business enterprises as defined in 49 CFR Part 23 shall
have the maximum opportunity to participate in the performance of the
contracts financed in whole or in part with Federal funds under this
agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply
to this agreement."
B. DBE Obligation. The recipient or its contractor agrees to
ensure that disadvantaged 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 Federal funds
provided under this agreement. In this regard, all recipients or contractors
shall take all necessary and reasonable steps in accordance with 49 CFR
Part 23 to ensure that disadvantaged business enterprises have the
maximum opportunity to compete for and perform contracts financed in
whole or in part with Federal funds. Recipients and their contractors shall
not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contractors."
1. Contract Procedure
This program shall be implemented through the utilization of a contract special
provision which will be provided / updated as necessary by Caltrans' Division of
Local Programs. These procedures require bidders to submit the names of DBE
subcontractors and suppliers, a description of the work each is to perform or
material to be furnished, and the dollar value of each DBE subactivity.
H. DBE Notification
Projects will be advertised in local newspapers and minority focus newspapers
when possible. These ads will include reference to DBE requirements and will
indicate the DBE project goal.
DBE supportive service assistance centers will receive notification of projects
scheduled to be advertised. Such Centers will be afforded the opportunity to
receive complimentary plans and specifications for projects within their
geographical area of responsibility.
III. Selected Criteria for Proiects with DBE Goal
Every project containing a DBE goal 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 the DBE Liaison
Officer or his/her designee before said contract may be awarded. Should there be
disagreement between functional units concerning contractors' efforts to attain
contract goals for DBE participation, the matter shall be referred to the City
Manager or his/her designee, for final determination.
Competitors that fail to meet the DBE goal and fail to demonstrate sufficient
reasonable good faith efforts shall be declared non-responsive and ineligible for
award of the contract financed in whole or in part with Federal funds.
All contracts that contain a DBE goal, 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 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 achieved the project goal, project personnel shall attach an evaluation, in
narrative form, of the reasons for failure to attain the goal and any corrective
action that was taken.
Prime contractors will be required to notify the Agency of any situation in which
regularly scheduled progress payments are not made to DBE subcontractors,
vendors or suppliers.
IV. Counting DBE Particinants
City of San Rafael, its contractors, and subcontractors shall count DBE
participation in accordance with the provisions of Section 23.47, Title 49, of the
Code of Federal Regulations.
V. Records and Reports
1. The DBE Liaison Officer shall maintain 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:
• Awards to DBE's.
• Awards to majority contractors.
• Final project reports concerning DBE utilization.
• Such other data as is needed to fully evaluate compliance with this
program.
1. The DBE Liaison Officer shall submit reports to Caltrans and/or to the
appropriate U.S. DOT element as required. These reports will include:
• Number and dollar value of contracts awarded.
• Number and dollar value of contracts and subcontracts awarded to DBE's.
• Description of general categories of contracts awarded to DBE's.
• The percentage of the dollar value of all contracts awarded during the year
which were awarded to DBE's.
• Indication as to the extent of which the percentage met or exceeded the
overall goal.
• Reports shall be broken down separately by ethnic grouping.
I. Complaints
Any complaints received by the Agency concerning this program will 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 participate in the investigation/resolution. The DOT element and
Caltrans will receive a complete investigative report on the complaint any may be
requested to concur in the proposed disposition of said complaint.
Contractor will be directed to notify the City of San Rafael of any complaints they
may receive concerning this program.