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HomeMy WebLinkAboutRESO7338RESOLUTION NO. 7338 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR FEDERALLY FUNDED CITY TRANSPORTATION PROJECTS WHEREAS, in order to comply with federal requirements to obtain federal funds for City transportation projects, the City of Palo Alto must approve and implement a Disadvantaged Business Enterprise ("DBE") program prior to approval by Caltrans and the United States Department of Transportation ("DOT") of any request for federal funds; WHEREAS, the overall goal established by the DBE program for DBE participation in the performance of contracts financed in whole or in part with DOT funds shall be 18 percent and shall cover the period from July 1, 1994 to June 30, 1995; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council hereby adopts the "Disadvantaged Business Enterprise Program - City of Palo Alto", a copy of which is attached hereto and incorporated herein by reference. SECTION 2. The Council hereby establishes the overall goal of 18 percent for DBE participation in the performance of contracts financed in whole or in part with DOT funds during the period of July 1, 1994 to June 30, 1995. SECTION 3. The Council hereby directs the City Manager or such person as the City Manager may designate to publish newspaper notice this year and every following year (or fiscal year, as the case may be) during the existence of this DBE Program, setting forth the goal established by the City for that year for the participation of DBE participation in the performance of 1 940622 ryn 0070625 contracts financed in whole or in part with. DOT funds, and stating the time period for which the goal is effective. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY OF PALO ALTO DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY OF PALO ALTO 1. Policy Statement It is the policy of the City of Palo to provide to Disadvantaged Business Enterprises (DBE), as defined in Title 49 Transportation, Code of Federal Regulations (CFR) Part 23, a maximum practicable opportunity to compete for the award of contracts which receive financial assistance from the U.S. Department of Transportation. This policy, which is fully described herein, constitutes policy and commitment to substantially increase DBE utilization in all program activities funded in whole or in part by any U.S. Department of Transportation (DOT) model element. The City of Palo Alto, its contractors and subcontractors, which are the recipients of Federal -aid funds, agree to ensure that DBE firms have the maximum opportunity to participate in the performance of Federally funded contracts and subcontracts. In this regard, this agency 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. MAYOR, CITY OF PALO ALTO Page 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM City QfPak; Also July 1994/95 II. Definitions Below are given the definitions, as they apply to the City of Palo Alto's DBE Program, and as defined in 49 CFR Part 23, of (a) Disadvantaged Business Enterprise, and (b) socially and economically disadvantaged individuals: a) A Disadvantaged Business Enterprise is a small business concern, as defined by Section 3 of the Small Business Act (13 CFR Part 121) : 1. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and 2. Whose management and daily business operations are controlled by one or more of the socially and - economically disadvantaged individuals who own it and who take an active role in controlling the business. b) Socially and economically disadvantaged individuals are those individuals who are citizens of the United States (or lawfully admitted permanent residents) who are: 1. Women; 2. African Americans;. 3. Hispanic Americans —which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish.or Portuguese culture or origin., regardless of race; 4. Native Americans --which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; 5. Asian -Pacific Americans —which includes persons whose family origins are in Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands; and the commonwealth of the Northern Marianas; 6. Asian -Indian Americans --which includes persons whose family on -gins are in India, Pakistan, and Bangladesh; and 7. Any other minority or individual found to be disadvantaged.by the Small Business Administration. Page 2 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM City of Palo Alto July 1994/95 I11. Disadvantaged Business Enterprise (DBE) Liaison Officer The Manager of Purchasing/Contract Administration, (415) 329-2300, is the DBE Liaison Officer for the City of Palo Alto and shall report to the Director of Finance. IV. Duties of the DBE Liaison Officer The DBE Liaison Officer shall manage the DBE Program on a day-to-day basis. Typical duties include, but are not limited to, the following activities: • Provide technical assistance to DBE's when requested; • Arrange solicitations, time for the presentation of bids, quantities, specifications and delivery schedules, -so as to facilitate the participation of DBE'S. Where such changes are found -necessary to increase DBE utilization, they will be made in consultation and cooperation with the departments involved; • Carry out information and communication programs on contracting opportunities in a timely manner; • 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; • Prior to approval of the substitution of any DBE subcontractor, 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 for projects funded in - whole or in part by U.S. Department of Transportation funds. The goal shall be evaluated annually and adjusted as necessary; • Establish an appropriate individual project DBE goal for each Federal Aid Project advertised; Perform good -faith analysis when the project goal is not achieved; and • Maintain such documentation as is necessary toverify performance of all activities included in this program. V. 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: Page 3 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM City of Palo Aka July 1994/93 • Notification that a description of how the goal was set is available for public inspection for a period of 30 days; • Notification that the U.S. Department of Transportation (U.S. DOT), in Care of the City of Palo Alto, will accept comments of the goal for 45 days from the date of 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, copies of this complete program will be mailed to interested Caltrans certified firms in the local area. VI. Establishment of Goal 1. The DBE goal will be establisned 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 July 1 of each year, herein after. 2. The overall DBE goal was established with an initial 18 percent and covered the period August 16-, 1993 to June 30, 1994 with this fiscal year's program continuing at 18 percent from J.u1y` 6, z94 to; dune 30x 1995. 3. Individual project goals will be established based on the following criteria: • Attainment of established overall goals; • Size of project; • Opportunities for DBE 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, and • Such other factors as may affect the utilization of DBE's. Page 4 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM av of Palo Alto July 1994/95 Complete evaluation documentation will be' retained for each project. 4. Projects that are funded in whole or in part by U.S. Department of Transportation funds, and which do not contain a specific goal, will contain the following provisions: A. "Policy. It is the policy of the Department of Transportation that disadvantaged 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 DBE requirements of 49 CFR Part 23 apply to this agreement." B. "DBE Obligation. (it 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 contracts." VII. Contract Procedure This program shall be implemented through the utilization of a contract special provision, which will be provided/updated as necessary by the City. These procedures required bidders to submit the names of DEE 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. VIII. DBE Notification In addition to the City of Palo Alto's current established bid process, interested Caltrans certified DBE firms within the local area will also receive notification of projects scheduled. IX. Selection Criteria for Projects with DBE Goal Projects funded in whole or in part with U.S. Department of Transportation funds 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 by the DBE Liaison Officer or his/her designee before said contract may be awarded. Should there be disagreement by the contracting department concerning the contractors' efforts to attain contract goals for DBE participation, the matter shall be referred to the DBE Liaison Officer or his/her designee, for final determination. Page 5 DISADVANTAGED BUSINESS ENTERPRISE DBE) PROGRAM City ofPalo Abo July 1994/95 Competitors who fail to meet the DBE goal and fail to demonstrate sufficient reasonablegood-faith efforts shall be declared nonresponsive 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 City of Palo Alto of any situation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors, or suppliers. X. Counting DBE Participants The City of Palo alto, 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. XI. 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 overall project reports will include DBE utilization status; and • Such other data as is needed to fully evaluate compliance with this program. Page 6 DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM - ' e Palo -Afro July 1994/95 The DBE Liaison Officer shall submit reports to Caltrans and/or to the appropriate U.S. Department of Transportation 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 category of contracts awarded to DBE's; The percentage of the dollar value of all contracts awarded during the year which was 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 and sex. XII. Complaints - Any complaints received by the City concerning this program will be investigated by the city of Palo Alto. The City of Palo Alto 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 cn 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. End of Document K August 9, 1993 Page 7