HomeMy WebLinkAboutCC Resolution 8831 (Disadvantaged Business Program)RESOLUTION NO. 8 8 31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ADOPTING A DISADVANTAGED BUSINESS
ENTERPRISES (DBE) PROGRAM AND APPOINTING THE
PUBLIC WORKS DIRECTOR AS THE LIAISON OFFICER FOR
THE DBE PROGRAM
WHEREAS, the City of San Rafael had obtained Federal funding for the
Freitas Parkway Interchange Improvement project; and
WHEREAS, the City must establish a Disadvantaged Business
Enterprises Program in order to receive said funding; and
WHEREAS, the City has modeled a DBE Program after those developed
by other agencies; and
WHEREAS, the City has established its initial calendar year goal of
10% based on those that the County of Marin maintains; and
WHEREAS, said goal shall have a 45 day review and comment period
and shall be reestablished yearly.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of San Rafael hereby adopt the Disadvantaged Business Enterprises Program and
appoint the Public Works Director as the Liaison Officer for the DBE Program.
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 Monday, the 1st day of
March, 1993, by the following vote, to wit:
AYES: COUNCILMEM 3ERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
��1
JE 11%F M. LEONCINI, City Clerk
ORI G1 N A[ frfr,,
DISADVANTAGED $USINESS ENTERPRISES PROGRAM
111111111111 DBE 111111111111
February 1993
David M. Bernardi
DBE Liaison Officer
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM
CITY OF SAN RAFAEL, CALIFORNIA
L Policv 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 to the maximum extent feasible. This policy which is fully
described herein constitutes policy and commitment to substantially increase
DBE Utilization in all Federal, State, State -Local Partnership or bond measure
funded projects. 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. 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.
PAMELA J. NI OLAI
City Manager
0A
II. Disadvantaged Business Enterprises (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 Federaf
Aid Project advertised, which shall be not less than 10%b of the contract
cost for all Federally assisted construction projects.
3
• 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.
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:
• 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.
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 foregoing, interested disadvantaged and majority
organizations will receive direct mailings 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 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 1st of each year.
4
2. The overall DBE goal established with this initial program is 10% for
all Federally assisted construction projects constructed or bid from
January 1, 1993 to December 31, 1993.
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.
4. Projects which do not contain a specific goal will contain the following
provisions:
A. "Policv. 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."
W,
B. DBE ObliLration. 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. 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."
VI. 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 Streets and Roads. 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.
VII. 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.
VIII. Selected Criteria for Projects 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.
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.
DC. Counting DBE Participants
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.
X. 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.
w Final project reports concerning DBE utilization.
7
• Such other data as is needed to fully evaluate compliance with
this program.
2. 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.
XI. Comvlaints
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 and 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.