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)