HomeMy WebLinkAbout1996-02-06; City Council; 13505; DISADVANTAGED BUSINESS ENTERPRISE PROGRAML
DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM
1. Repeal Resolution No. 7352, dated September 20, 1983, which aidoptec
Diego Region Minority Enterprise Program,
Adopt Resolution No. qib e 51 adopting the Carlsbad Disadvantaged
Enterprise Program and designating the City Engineer as liaison.
2.
adopting the Disadvantaged 5 c:, 3. Adopt Council Policy No,
Enterprise Program.
ITEM EXPLANATION:
The City of Carlsbad is required to have a Disadvantaged Business Enterprise Pi
place before it can advertise for any federally funded projects. Until recently,
Diego Association of Governments (SANDAG) maintained this program for all of
in San Diego County. However, effective October 1 , 1995, cities are required to ac
own individual programs.
The proposed program is identical to the one formally administered by SANDAC
been pre-approved by the Federal Highway Administration and CaItrans. Any ct
the proposed program must be authorized by the Federal Highway Administrati
FISCAL IMPACT:
Additional staff time will be required to implement this program. Since it is d
estimate how much time will be required, existing staff will be utilized through tt
the fiscal year. If additional funds need to be appropriated in the future, the
requested in the normal budget process.
[k?. 50 - 5 1, 7? 1. Resolution adopting the Carlsbad Disadvantaged Business Enterprise Progr
g 2. Proposed Council Policy -- Disadvantaged Business Enterprise Program.
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RESOLUTION NO. 96 - 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, ADOPTING THE CAWLSBAD DISADVANTAGED BUSINES:
ENTERPRISE PROGRAM.
WHEREAS, the Federal Department of Transportation, under the Code
Regulations, Title 49, Part 23, requires each local government entrty receiv
Transportation Funds to implement a Disadvantaged Business Enterprise Program
WHEREAS, the Disadvantaged Business Enterprise Program must be incli
local government contracts which are wholly or partially funded with Federal Trz
Funds and require the inclusion of Disadvantaged Business Enterprise Program pro\
contract; and
WHEREAS, the Carlsbad Disadvantaged Business Enterprise Program was p
by the Federal Department of Transportation; and
WHEREAS, by approving this resolution, the City of Carlsbad desires to US€
federally approved Disadvantaged Business Enterprise Program for use on E
transportation funded contracts that may require Disadvantaged Business Enterpri!
NOW, THEREFORE, BE IT RESOLVED AND ADOPTED that the City Counc
of Carlsbad, California, does hereby adopt the Carlsbad Disadvantaged Bushes:
Program.
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BE IT FURTHER RESOLVED AND ADOPTED that the City Engineer or 1
designated as the City of Carlsbad’s Minority Business Enterprise Liaison in accorda
Code of Federal Regulations, Title 49, Part 23.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
held on the 6th day of FE~ARY , 1996 by the following vote, to
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hal
NOES: None
ABSENT: None
ATTEST:
AsidT%~$ca (SEAL)
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Policy NO. 59
Date Issued February 6,
Effective Date February f COUNCIL POLICY STATEMENT Cancellation Date
Supersedes No.
CITY OF CARLSBAD
General Subject: CONTRACTING PROCEDURES
Specific Subject: Disadvantaged Business
Copies to:
PURPOSE
To establish a policy on the utilization of Disadvantaged Business Enterprises (DBEs) in
City of Carlsbad as required on federally funded projects.
BACKGROUND
Until recently, the San Diego Association of Governments (SANDAG) maintained this prog
for all of the cities in San Diego County. However, effective October 1, 1995, cities
required to adopt their own individual programs.
POLICY - Disadvantaged Business Enterprise Program
I. Policv Statement
Enterprise Program
City Council, City Manager, City Attorney, Department and Division Heads
Employee Bulletin Boards, Press, File
It is the policy of the City of Carlsbad (City) to utilize Disadvantaged Business Enterp
(DBEs) and firms as defined in 49 CFR Part 23 in all aspects of contracting to
maximum extent feasible. This policy which is fully described herein constitutes PO
and commitment to substantially increase DBE Utilization in all program activities fun(
wholly or in part by any U.S. Department of Transportation modal element.
The City, its contractors and subcontractors, which are the recipients of Federal-aid fur
agree to ensure DBE firms have the maximum opportunity to participate in
performance of contracts and subcontracts. In this regard, the City and all of
contractors and subcontractors will take all reasonable steps in accordance with 49 C
Part 23 to ensure that DBE firms have the maximum opportunity to compete for i
perform contracts.
Disadvantaqed Business Enterprise (DBE) Liaison Officer
The City Engineer is the DBE Liaison Officer for the City. He/she will be assigned SI
staff as is necessary to fully implement the provision of 49 CFR Part 23 and such ot
DBE programs as may be required.
II.
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111. Duties of the DBE Liaison Officer
The DBE Liaison Officer shall develop, manage, and implement the DBE Program c
day-to-day basis. Typical duties include, but are not limited to, the following activiti
0 Develop and carry out technical assistance programs for DBEs.
Arrange solicitations, time for the presentation of bid, quantities, specifications,
delivery schedules, so as to facilitate the participation of DBEs. Where s
changes are found necessary to increase DBE utilization, they will be mad(
consultation and cooperation with the functional unit involved.
Provide guidance to DBEs in overcoming barriers, such as inability to ob
bonding or financing.
Carry out information and communication programs on contracting opportun
in a timely manner. Programs shall be bilingual where appropriate.
Investigate the services offered by banks owned and controlled by Disadvanta
Business Enterprises.
DBEs certified by Caltrans will be utilized. Said listing is to be made available tc
project bidders. Said listing will include the following information: Name, addr4
telephone numbers, ethnic and/or sexual ownership, and type of work perforr
by firm.
Prior to approval of the substitution of any DBE sub-contractor, the PI
contractors will be required to prove performance of good faith efforts to replace
DBE with another eligible DBE.
Establish a DBE overall annual goal. The goals shall be evaluated annually
adjusted as necessary.
Establish an appropriate individual project DBE goal for each Federal-aid prc
advertised.
Perform good faith analysis when the project goal is not achieved.
Maintain such documentation as is necessary to verii performance of all actiw
included in this program.
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IV. Public Notification
1. At the time of submittal of this program to the State Department of Transportat
a notice in both minorii and majority local media will be published. $
publication shall include:
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The annual overall DBE goal.
Notification that a description of how the goal was set is available for pi
inspection for a period of thirty (30) days.
Notification that both U.S. DOT and the City will accept comments on the !
for 45 days from the date of the notice. The notice shall advise intere<
parties that comments are for information purposes only.
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2. This program will be reaffirmed by public notice annually at the time of public2
of the overall goal. If substantial changes are made to this document, the ei
document shall be subject to the notification noted in 1 above.
In addition to the foregoing, interested disadvantaged and majority contra
organizations will receive direct mailings of this complete program.
3.
V. Establishment of Goal
1. The DBE goal will be established both annually (overall) and on a per coni
basis. The overall goal will be based on planned contract activity for the cor
year. The overall goal established will be subject to methodology and proced
established in 49 CFR Part 23, Subparts (C) and (D) and take effect on Octobei
of each year.
The overall DBE goal established with this initial program is 15% and covers
period October 1, 1995 to September 30, 1996.
Individual project goals will be established based on the following criteria:
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0 Size of project.
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* Availability of certified DBEs.
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2.
3.
Attainment of established overall goals.
Opportunities for DBEs 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, Federz
local jurisdictions.
Past experience on projects similar to the project being evaluated.
Such other factors as may affect the utilization of DBEs.
Complete evaluation documentation will be retained for each project.
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4. Projects which do not contain a specific goal will contain the following provisic
A. "Policv. It is the policy of the Department of Transportation that disadvanta!
business enterprises as defined in 49 CFR Part 23 shall have the maxim
opportunity to participate in the Performance of contracts financed in wholl
in part with Federal funds under this agreement. Consequently, the [
requirements of 49 CFR Part 23 apply to this agreement."
B. "DBE Obligation. The recipient or its contractor agrees to ensure
disadvantaged business enterprises as defined in 49 CFR Part 23 have
maximum opportunity to participate in the performance of contracts
subcontracts financed in whole or in part with Federal funds provided ur
this agreement. In this regard, all recipients or contractors shall take
necessary and reasonable steps in accordance with 49 CFR Part 23 to ens
that disadvantaged business enterprises have the maximum opportunitl
compete for and perform contracts. Recipients and their contractors shall
performance of DOT-assisted contracts."
discriminate on the basis of race, color, national origin, or sex in the award i
VI. Contract Procedure
This program shall be implemented through the utilization of a contract special provis
which will be provided/updated as necessary by Caltrans' Office of Local Progra,
These procedures require bidders to submit the names of DBE subcontractors i
suppliers, a description of the work each is to perform or material to be furnished, i
the dollar value of each DBE subactivity.
VII. DBE Notification
Projects will be advertised in local newspapers and minority focus newspapers w~
possible. These ads will include reference to DBE requirements and will indicate the C
project goal.
DBE supportive service assistance centers will receive notification of projects schedu
to be advertised. Such centers will be afforded the opportunity to receive compliment
plans and specifications for projects within their geographical area of responsibility.
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VIII. Selection Criteria for Proiects with DBE Goal
Every project containing a DBE goal shall be evaluated by the DBE Liaison Office1
his/her designee to ascertain bidding contractors’ efforts to attain the DBE goal. *
award of any project must be concurred with by the DBE Liaison Officer or his/
designee before said contract may be awarded. Should there be disagreement betwc
functional units concerning contractors’ efforts to attain contract goals for C
participation, the matter shall be referred to the City Manager or his/her designee, for f
determination.
Competitors that fail to meet the DBE goal and fail to demonstrate sufficient reason2
good faith effort shall be declared non-responsive and ineligible for award of the contfi
All contracts that contain a DBE goal, pursuant to this policy, will be monitored on
ongoing basis by project personnel during the course of construction. The DBE Liai
Officer is to be immediately advised of any circumstance wherein contractor complia
with the DBE provision is questionable. The contractor shall submit a final report for el
project which includes total payments to the prime contractor as well as any paymc
the prime contractor has made to DBE subcontractors, vendors, and suppliers. If
report indicates the prime contractor has not achieved the project goal, project persor
shall attach an evaluation, in narrative form, of the reasons for failure to attain the E
and any corrective action that was taken.
Prime contractors will be required to notrfy the Agency of any situation in which regul
scheduled progress payments are not made to DBE subcontractors, vendors,
suppliers.
IX. Counting DBE Participants
The City, its contractors, and subcontractors shall count DBE participation in accordai
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
are necessary to ensure full compliance with this policy. Such records and repc
shall include, as a minimum, the following information:
Awards to DBEs
0 Awards to majority contractors
Final project reports concerning DBE utilization
Q Such other data as is needed to fully evaluate compliance with this progri
The DBE Liaison Officer shall submit reports to Cafrans and/or to the appropr
U.S. DOT modal element as required.
2.
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XI. Complaints
Any complaints received by the City concerning this program will be investigated by
City Manager or his/her designee. He/she will endeavor to resolve said complaints wi
ninety (90) days of receipt by the DBE Liaison Officer. The appropriate DOT mc
element and Caltrans will be furnished a copy of the complaint and may be invitec
participate in the investigation/resolution. The DOT modal element and Caltrans
receive a complete investigative report on the complaint and may be requested to cor
in the proposed disposition of said complaint.
Contractors will be directed to notify the City of any complaints they may rece concerning this program,