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HomeMy WebLinkAbout1421 III • RESOLUTION NO. 1421 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE TOWN OF LOS ALSO HILLS APPROVING TOWN OF LOS ALTOS WILTS MINORITY BUSINESS PROGRAM AND DESIGNATING THE CITY MANAGER AS MINORITY BUSINESS ENTERPRISE (MBE) LIAISON OFFICER. RESOLVED, by the City Council of the City of the Town of Los Altos Hills, County of Santa Clara, State of California, that • WHEREAS, the attached Town of Los Altos Hills Minority Business Program is hereby approved by the Town of Los Altos Hills and the Mayor and the City Clerk are authorized to execute same on behalf:of:the Town of Los Altos Hills; and WHEREAS, the City Manager is designated as Minority Business Enterprises (MBE) Liaison Officer for the Town of Los Altos Hills. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF THE .TOWN OF UOS ALTOS HILLS does hereby adopt the above resolution regarding the Minority Business Program. REGULARLY passed and adopted this 20th day of January, 1982. By rie--- Mayor • ATTEST: City Clerk _ • • TOWN OF LOS ALTOS .HTT,TS MINORITY BUSINESS PROGRAM I. POLICY STATEMENT It is the policy of the Town of Los Altos Hills to utilize minority business enterprises in all aspects of contracting to the maximum extent feasible. This policy is fully described in the Town of Los Altos Hills minority business program which constitutes Los Altos Hills policy and a commitment to maximize opportunity for 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 the California Department of Transportation. The Town of Los Altos Hills, its contractors and sub-contractors, which are 'recipients of federal-aid funds, agree to ensure that minority business enter- prises have the maximum opportunity to participate in _the performance of contracts and subcontracts. In this regard, the Town of Los=:Altos Hills and all of its contractors and subcontractors will take all reasonable steps in accordance with 49CFR23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. i i Robert E. Crowe City Manager Town of Los Altos Hills S • II. Minority Business Enterprises (MBE) Liaison Officer Mr. Robert E. Crowe, City Manager, is the MBE Liaison Officer for the Town and shall report to the City Council. Mr. Crowe will 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. III. Duties of the MBE Liaison Officer The MBE Liaison Officer shall develop, manage and implement the MBE Program. The Liaison Officer shall: a) Develop and carry out technical assistance programs for MBEs. b) Arrange solicitations, time for the presentation..of bids, quantities, specifications, and delivery schedules, so as to facilitate the participa- tion of MBEs. Where such changes are found necessary to increase MBE utilization, they will be made in consultation and cooperation with the functional unit involved. c) Carry out information and communication programs on-Contracting opportunities in a timely manner. d) Utilize a listing of MBEs certified by CALTRANS. Said listing to be made available to all bidders on City's federal-aid projects. Such listing shall include, at a minimum, the following information: name, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. e) Approve any removal and/or substitution of a minority business enterprise during contract performance. Prior to approval of substitution and/or removal of MBE, prime contractors will be required to prove performance of good faith efforts to replace the MBE with another eligible MBE. f) Establish overall Town of Los Altos Hills goals for both minority and female business enterprises. Goals shall be evaluated on September 30 of each year and adjusted as necessary. g) Establish individual project goals for minority and female business enter- prises. All projects with an estimated cost of $100,000 or more will be evaluated for the appropriateness of goals. h) Maintain such documentation as is necessary to.verify Town performance of the above activities. IV. Establishment of Overall Town of Los Altos Hills The Town of Los Altos Hills will establish an overall goal for its use of MBEs. . This goal will be updated annually as of September 30 of each year. The Town's overall goal. and the methodology used to determine the goal for the fiscal year beginning October 1, 1981 is shown on Attachment A. V. Contract Goals All projects with an estimated value of $100,000 or more, receiving U.S. DOT funds, will be evaluated for the appropriateness of MBE goals. Projects will be evaluated and goals established, utilizing the following criteria: -2- ® .. a) Size of project b) Opportunities for MBEs as sub-contractors, vendors, suppliers. c) Minority population of county in..Whichwork is to be performed. d) Availability of MBEs e) Past experience on projects similar to the project being evaluated. f) Such other factors as may effect the utilization of MBEs. 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 Town of Los Altos Hills 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." 2) "MBE Obligation. li) The 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, the 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 forand performcontracts 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 periodic reports to CALTRANS and to the appropriate DOT element. MBE use on such projects will be counted toward attainment of the overall Town goal. VI. Public Notification At the time of submittal of this program to the U.S. Department of Transportation, the Town of Los Altos Hills will publish a notice in both minority and majority local medial. Said publication shall: a) Announce the Town's overall goals. b) 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. c) Inform the public that both U.S. DOT and the Town of Los Altos Hills will accept comments on the goals for 45 days from the date of the notice. • d) The notice shall advise interested parties that comments are for informational purposes only. -3- • • VII. Contract Procedure This plan shall be implemented through the utilization of a contract special provision. These procedures require bidders to submit the names of MBE sub- contractors 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. MBE Notification Designated assistance.:centers will receive complimentary plans and specifications for projects within CALTRANS District 4. IX. Minority and Female Owned Banks The Town of Los Altos Hills 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 the contract specifications. X. Selection Criteria for Contracts with MBE Goals • Every contract containing MBE goals shall_.be evaluated by the MBE Liaison Officer or_his/her designee to ascertain bidding contractor's efforts to attain. the MBE goals. The award of any project with MBE goals must be concurred with byi.the MBE Lisison Officer or his/her designee before said._contract may be awarded. 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 contract that contains 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 arrative form, of the reasons for failure to attain the goals and any corrective action that was taken. Prime contractors will be required to notify the Town of Los Altos Hills personnel of any situation. in:which regularly scheduled progress payments are not made to MBE subcontractors, vendors or suppliers. XI. Set-Asides If determined necessary by the MBE Liaison Officer, the Town of Los Altos Hills may consider the use of MBE set-asides as a tool to achieve the overall Town's goals. XII. Counting MBE Participants The Town, its contractors and subcontractors shall count MBE participation in accordance with the provisions of Section 23.47, Title 49, of the Code of Federal Regulations. -4- • XIII. 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: a) Procedures which have been adopted to comply with this MBE policy. b) Awards to MBEs. c) Awards to majority contractors. d) Final project reports concerning MBE utilization. e) Such other data as is needed to fully evaluate Town of Los Altos Hills compliance with this program. • The MBE Liaison Officer shall submit MBE successful bid data to CALTRANS and overall goals to CALTRANS and to U.S. DOT elements as required. These reports will include: a) Number and dollar value of contracts awarded to MBEs. b) Description of general categories of contracts awarded to MBEs. c) The percentage of the dollar value of all contracts awarded during the quarter which were awarded to MBEs. d) . Indication as to the extent of which the percentage met or exceeded the Town's overall goal. e) Reports shall be broken down separately by ethnic grouping and sex. XIV. MBE Listing The Town of Los Altos Hills will utilize a listing of firms certified by CALTRANS to be minority businesses in accordance with the DOT. Order. Contractors will be permitted to rely upon the authenticity of firms listed in this directory. A contractor desiring to use a MBE not included in the CALTRANS certified listing will be allowed to do so, but will be required to provide the specified information from the MBE to be certified by CALTRANS before such par- ticipation is counted towards award of the project. XV. Canplaints Any complaints received by Town of Lbs Altos Hills concerning this program will be investigated by the Town of Los Altos Hills-. The Town 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 investiga- tive report on the complaint and will be requested to concur in the proposed dis- position of said complaint. Contractors will be directed.to notify the Town of Los Altos Hills of any complaints they may receive concering this program. -5- 111 • ATTACHMENT "A" MBE GOALS The only effective way to complement a MBE Program, as with any other management objective, is through a system of goals and evaluations. _The ultimate goal:of .the program is to utilize minority businesses enterprises in proportion to their avail- ability._ within the carmunitiy. • To assess the objective of providing utilization of minority business enterprises, the following goals have been established for the Town of Los Altos Hills: Minority 2% - 4% Female 0% - 1% • TOTAL 5% To ensure program success, the Town of Los Altos Hills will adhere to the policies and objectives as stated in this plan. Program amendments and .changes will be undertaken if trends so indicate a need to continue program progress. Goals may be subject to review and revision with information on the availability of minority businesses enterprises within the local and district area. Area Population Breakdown*** Town of Los Altos Hills County of Santa Clara Caucasian 93.6% Caucasian 78.6% Black 0.6% Black 3.4% American Indian 0.2% American Indian 0.7% Oriental 4.8% Oriental 7.7% Other 0.9% Other 9.7% Existing MBE Programs Town of Los Altos Hills none County of Santa Clara yes - Santa Clara County Transportation Agency ***Data derived from the 1980 U.S.',.Census