RES-9187 Adopting a Disadvantaged Business Enterprise ProgramRESOLUTION NO. 9187
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING A
DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM
WHEREAS, the City of Orange has formulated a policy to utilize Disadvantaged
Business Enterprises (DBE) and firms as defined in Title 49, Part 23 of the code of
Federal Regulations in all aspects of contracting, to the maximum extent feasible; and
WHEREAS, the City's DBE Program is attached as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that the Disadvantaged Business Enterprise Program as set forth in Exhibit "A" is
hereby adopted.
ADOPTED this 26th day of October, 1999.
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ATTEST:
Joailne
Coontz, Mayor ofthe I!
I ,
U
of
Orange I
hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 26th day of October,
1999, by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ COUNCILMEMBERS:
NONE COUNCILMEMBERS:
NONE COUNCILMEMBERS:
NONE Reso
No. 9187DPWE:jdh
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
CITY OF ORANGE
I. POLICY STATEMENT
It is the policy of the City of Orange to utilize Disadvantaged Business Enterprises
DBEs) and firms as defined in 49 CFR Part 23 in all aspects of contracting to the
maximum extent feasible. 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 Frank Sun, Senior Civil Engineer, is the DBE Liaison Officer for this agency and
shall report to the Director of Public Works. 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.III. DUTIES OF TIlE 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 cany 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.Cany out information and communication
programs on contracting opportunities in a timely manner. Programs shall
be
bilingual where appropriate.Investigate the services offered by banks owned
and controlled by
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 sub-contractor, 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.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.Y.
PUBLIC NOTIFICATION I. 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: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 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.V.
ESTABLISHMENT OF GOAL 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 I st
of
2. The overall DBE goal established with this initial program is 10 % and covers the
period from October I, 1999, to September 30, 2000.
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, Federa] or local jurisdictions.
Avai]
ability 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. "
Policv. It is the policy of the [local agency] that Disadvantaged Business Enterprises
as defined in 49 CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts finallced 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 Oblil!ation. 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 Federa] 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
disadvalltaged 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 Caltralls' stalldard special provisions are used, since
they are already included by reference in Section 2-] .02, "Disadvantaged Business". See Section
2.8 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 Ca]trans Office of Local Programs (or comparable).
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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 sub-
activity.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 proj ect
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 WIlli DBE
GOAL Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer orhis/
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 fUllctional UIlits
conceming contractor' efforts to attain contract goals for DBE participation, the matter shall be
referred to the DBE Liaison Officer orhis/her designee, for final
determination.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 payrllents to the
prime contractor as well as any payrllents 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 payrllents 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 I. 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
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.
XI. COMPLAINTS
Any complaints received by the Agency concerning this program will be investigated by:
Frank Sun, Senior Civil Engineer. 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.
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