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Resolution No. 73641 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PURSUANT TO PART, 23 OF TITLE 42 OF THE CODE OF FEDERAL REGULATIONS WHEREAS, Part 23 of Title 42 of the Code of Federal Regulations requires that, for program activities funded wholly or in part by federal funds, a Disadvantaged Business Enterprise ("DBE") Program be in place; and WHEREAS, the City of Vernon presently participates, and plans to participate in the future, in program activities funded wholly or in part by federal funds; and WHEREAS, the City of Vernon desires to comply with the requirement of adopting a DBE program for federally funded projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: Section 1: The City Council of the City of Vernon hereby " finds and determines that the recitals contained hereinabove are Itrue and correct. Section 2: The City Council of the City of Vernon hereby approves and adopts the City of Vernon Disadvantaged Business Enterprise Program, a copy of which has been presented to the City Council concurrently with this Resolution, and the City Council hereby orders said program to be received and filed by the City IClerk. Section 3: The City Clerk of the City of Vernon shall certify to the passage of this Resolution, and thereupon and thereafter the same shall be in full force and effect. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AND ADOPTED this 29th day of June, 1999. LEONIS C. MALWRG, May r ATTEST: BRUCE V. MALKENHORST, City Clerk -2- 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, 4 do hereby certify that the foregoing Resolution, being Resolution 5 No. 7364, was duly adopted by the City Council of the City of Vernon 6 at an adjourned regular meeting of the City Council duly held on 7 Tuesday, June 29, 1999, and thereafter was duly signed by the Mayor 8 of the City of Vernon. 9 10 v 11 BRUCE V. MALKENHORST, City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- SUPPORTING DOCUMENTS t CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 June 23, 1999 City Council City of Vernon Honorable Members: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 The California Department of Transportation has indicated in their letter of May 12, 1999 that their office does not have our Disadvantaged Business Enterprise (DBE) Program on file. This program is required before any federal funding can be obligated for any federal projects. This program has been reviewed by the Director of Community Services and Water and the City Attorney's office and it is hereby recommended that the program be adopted by the City and then forwarded to Caltrans. Very truly yours, Lz�.�, Bruce V. Malkenhorst City Clerk BVM:rcm June 23, 1999 TO: Bruce V. Malkenhorst,''C..'ity Administrator FROM: Samuel "Kevin" Wilson?Director of Community Services & Water SUBJECT: DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM I was informed by the California Department of Transportation in their letter of May 12, 1999 that their office does not have our DBE Program on file. This program is required before any federal funding can be obligated for any federal projects. A draft program has been sent to the City Attorney's office for their review. A resolution is being prepared for the next City Council Meeting. It is therefore recommended that the program be adopted by the City and then forwarded to Caltrans. /ps cc: City Attorney n OFFICE OF THE CITY ADMINISTRATOR/ CITY CLERK INTER -OFFICE MEMORANDUM DATE: July 13, 1999 TO: Kevin Wilson, Director of Community Services & Water FROM: Gloria J. Oro c 1ef Deputy City Clerk RE: Disadvantaged Business Enterprise (DBE) Program Transmitted herewith is a copy of the Disadvantaged Business Enterprise (DBE) Program which was approved by City Council through Resolution �,:,�.'�on June 29, 1999. Please forward a copy to the State Department of Transportation and provide this office with a copy of your transmittal letter for our files. Thank you. ,S ` DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY OF VERNON I. POLICY STATEMENT It is the policy of the City of Vernon to utilize Disadvantaged Business Enterprises (DBEs) and firms as defined in CFR Part 23 where required under Federal program activities. This policy which is fully described herein constitutes policy and commitment to substantially increase DBE Utilization in all program activities funded wholly or in part by any U.S. Department of Transportation modal element. This Agency, its contractors and subcontractors, which are the recipients of Federal -aid funds, agree to ensure DBE firms have the maximum opportunity to participate in the performance of 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. II. DISADVANTAGED BUSINESS ENTERPRISE (DBE) LIAISON OFFICER .The Director of Community Services and Water is the DBE Liaison Officer for this agency and shall report to the City of Vernon City Administrator. He will be assigned such staff as is necessary to fully implement the provision of 49 CFR Part 23 and such other DBE programs as may be required. The reporting structure and duties of support staff are shown on Attachment "A". 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: • Develop and carry out technical assistance programs for DBEs, including referrals to supportive services. • Arrange solicitations, time for the presentation of bid, quantities, specifications, and delivery schedules, so as to facilitate the participation of DBEs. Where such changes are found necessary to increase DBE utilization, they will be made in consultation and cooperation with the functional unit involved. • Provide guidance to DBEs in overcoming barriers, such as inability to obtain bonding or financing. • Investigate the services offered by banks owned and controlled by Disadvantaged Business Enterprises. • DBEs certified by Caltrans will be utilized. Said listing is to be made available to all project bidders. Said 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. The goal shall be evaluated annually and adjusted as necessary. • Establish an appropriate individual project DBE goal for each Federal -aid project advertised. 0 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 of 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 this agency will accept comments on 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 the 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 non -minority contractor organizations will receive direct mailings of this complete program. 2 e' V. ESTABLISHMENT OF GOAL n 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 October 1st of each year. 2. The overall DBE goal established with this initial program is 13 % and covers the period from October 1, 1998 to September 30, 1999. 3. Individual project goals will be established based on the following criteria: • Attainment of established overall goals • Size of project • 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, Federal or local jurisdictions • Availability of certified DBEs • 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. 4. Projects which do not contain a specific goal will contain the following provisions: A. "Policy. It is the policy of the City of Vernon that Disadvantaged Business Enterprises as defined in 49 CRF 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. " 3 B. "DBE Obli ag tom. 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 subcontractors 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." These provisions would not be necessary if Caltrans' standard special provisions are used, since they are already included by reference in Section 2-1.02, "Disadvantaged Business already included by reference in Section 2-1.02, "Disadvantaged Business." See Section 12.8 of the Local Assistance Procedures Manual. VI. CONTRACT PROCEDURE This program shall be implemented through the utilization contract special provisions provided/updated as necessary by the Caltrans Office of Local Programs (or comparable). 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. SELECTION 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 by 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 Administrator or his/her designee, for final determination. 4 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 circumstance wherein contractor compliance with the DBE provision is questionable. The contractor shall submit a Final Report Utilization of DBE (Exhibit 17-F) 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. IX. COUNTING DBE PARTICIPANTS This agency, 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 DBEs • Awards to majority contractors • Final project reports concerning DBE utilization • 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 modal element as required. 5 r' r t XI. COMPLAINTS Any complaints received by the Agency concerning this program will be investigated by the Director of Community Services and Water. He will endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison Officer. The appropriate DOT modal element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigation/resolution. The DOT modal 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. Contractors will be directed to notify the Agency of any complaints they may receive concerning this program. R