HomeMy WebLinkAboutCity Council - 5116 RESOLUTION NO. 5116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ADOPTING THE CITY' S OWN MINORITY
BUSINESS ENTERPRISE PROGRAM
WHEREAS, the City of Huntington Beach has applied for United
States Department of Transportation funds , and
In order to receive such funds , the city is required to com-
ply with the amended Minority Business Enterprise Program as out-
lined in the Federal Register, dated April 27 , 1981 ; and
The Federal Register now states that a contract for a project
requiring Minority Business Enterprise goals may be awarded to a
bidder not attaining these goals but who has demonstrated a good
faith effort to do so; and
The California Department of Transportation has developed an
amended Minority Business Enterprise Program which the City of
Huntington Beach has chosen to use as a guide in writing its own
Minority Business Enterprise Program; and
The Council has reviewed and desires to adopt the city' s own
Minority Business Enterprise Program,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that the city' s own Minority Business
Enterprise Program, to be approved by the United States Department
of Transportation, is hereby adopted.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of Apri 1 1982. — ---
ATTEST
/� 0.
--- _ _Mayor --
City Clerk
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4/5/82
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REVIEWED AND APPROVED : APPROVED AS TO FORM:
�41
ty Adminigtrat—oVr� Cit �A�ttYY �
INITIATED AND APPROVED :
Director of Public Works
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I
2.
CITY OF HUNTINGTON BEACH MINORITY BUSINESS
PROGRAM IN COMPLIANCE WITH THE FEDERAL REGISTER
DATED APRIL 27, 1981, WHICH AMENDS EXISTING
MINORITY BUSINESS ENTERPRISE REGULATIONS
I . Policy Statement
It is the policy of the City of Huntington Beach to
utilize Minority Business Enterprises in all aspects of
contracting to the maximum extent feasible .
This policy if fully hereafter described as the City of
Huntington Beach 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 Huntington Beach, its contractors and subcontrac-
tors , 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 Huntington
Beach 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 opportu-
nity to compete for and perform contracts .
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4/6/82
II . Minority Business Enterprises (MBE) Liaison Officer
Mr. Donald R. Noble, M.B.E. Coordinator/Engineering Planner,
is the MBE Liaison Officer for the City and shall report to
the Director of Public Works . Mr. Noble 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. The reporting structure and duties of support
staff are shown on Attachment A.
III. 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:
a) Develop and carry out technical assistance programs
for MBE' s .
b) 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.
c) Provide assistance to MBE 's in overcoming barriers, such
as inability to obtain bonding or financing.
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d) Carry out information and communication programs on
contracting opportunities in a timely manner. Programs
shall be bilingual where appropriate.
e) 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
f) Utilize a listing of MBE' s certified by Caltrans . Said
listing to be made available to all bidders on City of
Huntington Beach 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.
g) 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.
h) 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.
i) Establish individual project goals for minority and female
business enterprises . All projects with an estimated cost
of $100, 000 or more will be evaluated for the appropriate
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ness of goals .
j ) Maintain such documentation as is necessary to verify
the City of Huntington Beach' s performance of the above
activities .
IV. Establishment ofOverall City Goal
The City of Huntington Beach 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 reporting
year beginning May 1, 1982, is shown on Attachment B.
V. Contract Goals
All projects with an estimated value of $100,000 or more,
receiving U.S . DOT funds, will be evaluated for the appropri-
ateness of MBE goals . Projects will be evaluated and goals
established, utilizing the following criteria:
a) Size of project .
b) Opportunities for MBE ' s as subcontractors , vendors ,
suppliers .
c) Minority population of county in which work is to be
performed.
d) Existing MBE goals being utilized in the project area
by other State, Federal or local jurisdictions .
e) Availability of MBE',s.
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f) Past experience on projects similar to the project
being evaluated.
g) Such other factors as may effect 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 :
(l) "Policy. It is the policy of the City of Huntington
Beach 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. (i) The recipient or its contractor
agrees to ensure that minority business enterprises as
defined in 40 CFR Part 23 have the maximum opportunity
to participate in the performance of contracts and sub-
contracts finance in whole or in part with Federal funds
provided under this agreement . In this regard, all reci-
pients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to
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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 reports to Cal-
trans and to the appropriate DOT element . MBE use on such
projects will be counted toward attainment of the overall City
goal.
VI . Public Notification
At the time of submittal of this program to the U.S . Department
of Transportation, the City of Huntington Beach will publish a
notice in both minority and majority local media. Said publi-
cation shall:
a) Announce the City of Huntington Beach 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 City of
Huntington Beach 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 .
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In addition to the foregoing, interested minority and
majority contractor organizations will receive direct
mailings of this complete program with a request that they
provide written comments to the City of Huntington Beach
on this program.
VII . Contract Procedure
This plan shall be implemented through the utilization of
a contract special provision which is attached hereto. 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
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.
IX. Minority and Female Owned Banks
The City of Huntington Beach will encourage all contractors
to use the services of banks owned and controlled by minor- ;
ities or females. This encouragement will be disseminated
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during pre-bid and pre-construction conferences (if scheduled)
and the contract specifications .
X. Selection Criteria for Contracts with 'MBE Goals
Every contract containing MBE goals ahall be evaluated by
the MBE Liaison Officer or his/her 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/her designee before said
contract may be awarded. Should there be disagreement
between City of Huntington Beach functional units concerning
contractors ' efforts to attain contract goals for MBE parti-
cipation, the matter shall be referred to the Director of
Public Works or his/her 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 thatcontain 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 `
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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.
Prime contractors will be required to notify City of
Huntington Beach personnel of any situation in which regular-
ly scheduled progress payments are not made to MBE subcontrac-
tors, vendors or suppliers .
XI. Set-Asides
If determined necessary by the MBE Liaison Officer, the City
of Huntington Beach will consider the use of MBE set-asides
as a tool to achieve the overall City goal.
XII. Counting MBE Participants
The City of Huntington Beach, 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 .
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.
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b) Awards to MBE ' s .
c) Awards to majority contractors .
d) Final project reports concerning MBE utilization.
e) Such other data as. is needed to fully evaluate
City of Huntington Beach compliance with the program.
The MBE Liaison Officer shall submit reports to Caltrans and
to U. S. DOT elements as required. These reports will include:
a) Number and dollar value of contracts awarded to MBE 's .
b) Description of general categories of contracts awarded
to MBE' s.
c) The percentage of the dollar value of all contracts
awarded during the quarter which were awarded' to MBE ' s .
d) Indication as to the extent ofwhich the percentage met
or exceeded the overall City ;goal.
e) Reports shall be broken down separately by ethnic
grouping and sex .
XIV. MBE Listing
The City of Huntington Beach 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 main-
tained 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
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use a 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 Huntington Beach
concerning this program will be investigated by the City .
The City of Huntington Beach 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
i
complete investigative report on the complaint and will be
requested to concur in the proposed disposition of said
I
complaint .
Contractors will be directed to notifythe City of Huntington
Beach of any complaints they may receive concerning this
program.
(Rest of Page Not Used)
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Attachment B
CITY OF HUNTINGTON BEACH
MINORITY BUSINESS ENTERPRISE PROGRAM
OVERALL M.B.E. GOAL
The City of Huntington Beach, as a recipient of U.S. Dept. of
Transportation funding, has established an overall M.B.E. goal
of 5%.
METHODOLOGY
This goal is based on the planned costs of three federally funded
projects scheduled for the current goal year. Two of the projects,
Signal Improvements at Adams and Brookhurst (planned cost $92, 000)
and Warner at Goldenwest (planned cost $85, 000) , were each less
than $100, 000 in cost; therefore, our overall M.B.E. goal was
based largely on an analysis of the third project. This project is
a $970, 500 signal interconnect endeavor on Edinger Avenue. The
contract for this project will include supplying traffic controllers,
modifying traffic signals and some roadway construction. Typically,
a prime contractor for this project would be an electrical signal
specialist and would complete 75% of the contract work himself. It
is unlikely that this individual will be a qualified minority con-
tractor; therefore, only 25% of the project could potentially be
let to a minority business enterprise. An analysis of the bid items
comprising this percentage revealed that $56 ,000, or 5. 7% of the
total project cost, would probably be let to a minority business
enterprise.
SUMMATION.
Taking the figure of $56, 0OO then, and dividing it by the sum total
of all three project ($1,147,500) yields an overal M.B.E. goal of
4. 88% or 5% when rounded off.
Res. No. 5116
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 19th day
of Aril 1982 , by the following vote:
AYES: Councilmen:
Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California