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HomeMy WebLinkAbout81-214RESOLUTION NO. 81-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING A CITY POLICY STATEMENT FOR A MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM TO BE INCORPOP. ATED AS AN ELEMENT OF ANY CITY PROCUREMENT PROGRAM FUNDED WHOLLY OR IN PART BY ANY U.S. DEPARTMENT OF TP~kNSPORTATION FEDEP~AL HIGHWAY ADMINISTRATION FUNDING PROGRA~I. WHEREAS, the U.S. Department of Transportation has directed that all local.agencies receiving ~ederal Highway Administration Funds (FHWA) have a Minority Business Enterprise (MBE} program; and WHEREAS, the City of Santa Ana has Federal-Aid projects involving, in total, over $4,000,000 in FHWA funds; and WHEREAS, final approval to advertise and contract for such projects is contingent upon prior Federal approval of the local agency MBE program; and WHEREAS, the City of Santa Ana Computerized Traffic Signal Control System - Phase II Project, is in final stages of preparation to advertise, and is subject to the conditions and requirements of the MBE program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA resolves that the attached Minority Business Enterprise program statement is approved and adopted for incorporation as an element of the procurement documentation for City programs supported by Federal Highway Administration funds. ADOPTED this 21st day of D~Gember following vote: , 1981 by the AYES: NOES: COUNCILMEN: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato COUNCILMEN: None ABSENT: COUNCILMEN: None ATTEST: APPROVED AS TO FORM: SANTA ANA MINORITY BUSINESS PROGRAM Policy Statement It is the policy of the City of Santa Ana to utilize Minority Business Enterprises in all aspects of contracting to the maximum extent feasible. This policy is fully described in the City of Santa Ana Minority Business Program which constitutes City policy and a commitment to substantially increase Minority Business and Female Business Utilization. This policy includes any program or facility funded wholly or in part by any U. S. Department of Transportation modal element through CalTrans. The City of Santa Ana, its contractors and subcontractors, which are the recipients of Federal-aid funds, agree to ensure that minority business enterprises have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, the City of Santa Ana and all of its contractors and subcontractors will take all reasonable steps in accordance with 4gCFR23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. December 21~ 1981 Date II. III. Minority Business Enterprises (MBE) LiaisOn Officer The Director of Public,Works is the MBELiaison Officer for the ~ of Santa Ana and shall repprt to the City Manager. The Director be assigned such staff as is necessary to fully implement the provision of 49CFR Part 23 and such other MBE Programs as may be required. The reporting structure and duties of support staff are shown on Attachment A. Duties of the MBE Liaison. Officer The MBE Liaison Officer shall develop, manage and implement the MBE Program on a day-to-day basis. 'The Liaison Officer shall: Develop and carryout technical assistance programs for MBE's. Arrange solicitations, time for the 'presentation. of bids, quantities, specifications, and delivery schedules, so as to facilitate the participation of MBE's. Where such changes are found necessary to increase MBE utilization, they will be made in consultation and cooperation with the functional unit involved. Provide assistance to MBE's in overcoming barriers, such as inability to obtain bonding or financing. Carry out information and communication programs on contracting opportunities in a timely manner. Programs shall be bilingual where appropriate. Investigate the full extent of services offered by banks owned and controlled by minorities or women. Ensure that, where possible, the City utilizes said banks. Utilize a listing of MBE's certified by CalTrans. Said listing to be made available to all bidders on City of Santa Ana projects. Such listing shall include, at a minimum, the following information: Name, address, telephone number, ethnic an~/or sexual ownership, type of work performed by firm. Approve any remov~l and/or substitution of ~ Minority Business Enterprise during-contract performance. Prior'to approval of substitution and/or removal of MBE, prime contractors will be required ~o prove performance of good faith"efforts to replace the MBE with a~qother eligible MBE. Establish overall City goals for both minority and female business enterprises. Goals shall be evaluated on September 30 of each year and adjusted as necessary. IV. Establish individual project goals for both minority and f~male business enterprises. All projects with an estimated cost of $100,000 or more will be evaluated for the appropriate- ness of goals, Maintain such documentation as is necessary to verify the City of Santa Ana performance of theabove activities~ Establishment of Overall City Goal The City of Santa Aha will establish an overall goal for its use of MBE's. This goal will be updated annually as of September 30, of~each year. The City's ~overall goal and the methodology used to determine the goal for the fiscal year beginning October 1, 1981, is shown on Attachment B. Contract Goals All projects with ,an' estimated value of $100, O00~or more, receiving U,S. DOT funds, wilt be ewluated for the~appropriate, ness of MBE goals. Projects will be evaluated and goals established, utilizing the following criteria: Size of project. Opportunities for~MBE's as subcontractors, vendors, suppliers. Minority population of county in which work is to be performed. Existing MBE goals being utilized in the project area by other State, Federal or local jurisdictions. Availability of MBE's. Past experience on projects similar to the project being evaluated. Such other factors as may affect the utilization of MBE's. Each project will be evaluated in conformance with the above criteria. Complete documentation will be retained of every project so evaluated. Contracts which do not contain specific goals will contain the following provisions: (1) "Policy. It is the policy of the City of Santa Ana that minority business enterprises as defined in 49 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 MBE requirements of 49 CFR Part 23 apply to this agreement." VI. VII. (2) "MBE Oblig.a!~!o~n. (il The recipient of its contractor agrees to ensure that minority 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 minority 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 contracts." MBE use on projects without goals will be'reported to the Liaison Officer and will be included in City of Santa Aha reports to CalTrans and to the appropriate DOT element. MBE use on such projects will be counted toward attainment of the overall City goal. Public Notification At the time of submittal of this program to the U. S. Department of Transportation, the City of Santa Ana will publish a notice in both minority and majority local media. Said publication shall: Announce the City of Santa Aha overall goals. Inform the public that the goals and a description of how they were set, are available for public inspection for a period of 30 days. Inform the public that both U. S. and DOT and the City of Santa Aha will accept comments on the goals for 45 days from the date of the notice. The notice shall advise interested parties that comments are for informational purposes only. In addition to the foregoing, interested minority and nmjority contractor organizal~ons will receive direct mailings of this complete program with a request that they provide written comments to the City of Santa Ana on this program. Contract Procedur~ This plan shall be implemented through the utilization of a contract special provision which is attached hereto as Attachment C. These procedures require the apparent Successful bidder to submit the names of MBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each MBE subcontract. VIII. IX. MBE Notification All MBE's on the CalTrans certified MBE listing will receive appropriate notification of projects scheduled to be advertised. MBE assistance centers will also receive notification. All assistance centers funded by the U. S. Department of Commerce (Minority Business Development Administration) and designated as State Plan Rooms will receive complimentary plans and specifications for projects within their geographical area of responsibility. Minority and Female Owned Banks The City of Santa Ana will encourage all contractors to use the services of banks owned and controlled by minorities or females. This encouragement will be disseminated during pre-bid and pre-construction conferences (if scheduled) and the contract specifications. Selection Criteria for Contracts with MBE Goals Every contract containing MBE goals shall be evaluated by the MBE Liaison Officer or his designee to ascertain bidding contractors' efforts to attain the MBE goals. The award of any project with MBE goals must be concurred with by the MBE Liaison Officer or his designee before said contract 'may be awarded. Should there be disagreement between the City of Santa Ana functional units concerning contractors' efforts to attain contract goals for MBE participation, the matter shall be referred to the City Manager or his designee, for final determination. Competitors that fail to meet the MBE goals and fail to demonstrate sufficient reasonable efforts shall not be eligible to be awarded the contract. Any contracts that contain MBE goals, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The MBE Liaison Officer is to be immediately advised of any circumstances wherein contractor compliance with the MBE provision is questionable. The contractor shall submit a final report for each project with MBE goals which includes total payments to the prime contractor as well as payments the prime contractor has made to MBE subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goals, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goals and any corrective action that was taken. XI. XlI. XIII. Prime contractors will be required to notify City of Santa Ana personnel of any situation in which regularlY scheduled progress payments are not made to MBE subcontractors, vendors or suppliers. Set-Asides If determined necessary by the MBE Liaison Officer, the City of Santa Ana w~ll consider the use of MBE set-asides as a tool to achieve the overall City goal. Counting MBE Participants The City of Santa Ana, its contractors, and subcontractors shall count MBE participation in accordance with the provisions of Section 23.¢7, Title 49, of the Code of Federal Regulations. Records and Reports The MBE 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: Procedures which have been adopted to cOmply with this MBE policy. Awards to MBE's. Awards to majority contractors. Final project reports concerning MBE utilization. Such other data as is needed to fully evaluate City of Santa Ana compliance with this program. The MBE Liaison Officer shall submit reports to CalTrans and to U. S. DOT elements as required. These reports will include: - Number and, dollar value of contracts awarded to MBE's. - Description of general categories of contracts awarded to MBE's. - The percentage of the dollar value of all contracts awarded du~ing the quarter which were awarded to MBE's. - Indication as ~ the extent of which the percentage met or exceeded the overall City goal. - Reports shall be broken down separately~by ethnic grouping and sex. XIV. MBE Listing The City of Santa Ana will utilize a listing of firms certified by CalTrans to be Minority Businesses in accordance with the DOT Order. This listing will be developed and maintained in accordance with Sections 23.51, 23.53, 23.55 and 23.87 of 49 CFR. This listing shall be made available to prospective contractors at no charge. Contractors will be permitted to rely upon the authenticity of firms listed in this directory. A contractor desiring to use an MBE not included in the CalTrans certified listing will be allowed to do so, but will be required to provide the appropriate certification from the MBE before such participation is counted towards award of the project. XV. Complaints Any complaints received by the City of Santa Ana concerning this program will be investigated by the City. The City of Santa Ana will endeavor to resolve said complaints within 90 days of receipt by the MBE Liaison Officer. The appropriate DOT element will be furnished a copy of the complaint and invited to participate in the investigation/resolution. The DOT element will receive a complete investigative report on the complaint and will be requested to concur in the proposed disposition of said complaint. Contractors will be directed to notify the City of Santa Ana of any complaints they may receive concerning this program. A ,TTACHMENT A ORGANIZATION CHART I DIRECTOR OF I PUBLICWORKS S. JOHNSON MBE LIAISON OFFICER ASSI6TANT CITY ENGINEER R. EICHBLATT I SENIOR CIVIL ENGINEER J. BURK DESIGN SECTION CONSTRUCTION ,ENGINEER J. PRENDERGAST CONSTRUCTION INSPECTION CITY MANAGER A. J. WILSON I ASS I STANT CITY MANAGER REX SWANSON I For Federal (FAU) Projects MBE Affairs ISR. TRANSPORTATION PLANNER J. J. ROBINSON PLANNING SECTION (3) I DIRECTOR OF TRANSPORTATION O. H. GROSSE TRAFFIC ENGINEER T.C. SUTARIA I ' DESIGN SECTION' (6) (~4)