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HomeMy WebLinkAboutResolution - City Council - 82-576 - 1982-12-21.. Pub 1 i c Works tt RESOLU1~IOM NO.. 82-576 A RESOLUTION OF rrHE COUNCIL OF THE CITY OF :FRESNO, CALIE.ORNIA, ESTAtLISHING A MINORITY BUSINESS EN~rERPRISE PROGRAM FOR CON1'AAC 1rs AND PROGRAMS FUN'DED BY THJ~ DEPARTMENT OF TRANSPOR'fATION, 'rHE DEPARTMENT OF HOUSING AND UR.BAN DEVELOJPMENT, AND THE ENV!RONM:1£NTAL PROTECTION AGENCY .A.ND RESCINDING RESOLUTION NO.. 80-i500 WHEREAS, as a public employer, the City of Fresno recog- nizes that it has a particular :responsibility to promote the growth of Minority Business Enterprises (MBE's); and WHEREAS,. the Council desires to adopt a MBE Program relat- ing to contracts and programs funded by the United States Department of Transportation, Urban Mass ·rransportation Admin- istration, Federal Aviat:lon Ad:ministration, Federal Hlghway Administration, EnvironmE~ntal Protection .Agency, and the Department of Housing and Urban Development, hereina.fter called Federally-assisted projects. NOW, THEREFORE, BE IT RESOLVED by the Cottncil of the City of Fresno, as follows: 1. Policy. It is the policy of the City of Fresno that MBE's shall have the maxi.mum opportunity to participate in the performance of Fiedet·ally-assisted projects. 2 .. Objectives., The objectives of the MBE Program are to take specific steps to eliminate discrimination and its effects, to ensure nondiscriminatory results and practi,ces in t:he future, and to :f .. nvolve MBE'.s fully in Federally-assisted contracts. 3. Applicabilitx-Except as otherwise provided herein, this resolution shall apply to any Federally-assisted contract with subcontracting possibilities. 4. Definitionr~. a. 11 Minorityu means a person who is a citizen or lawful permanent resident of the United States and who is: (i) Black (a person having origins in aoy of the black racial groups of Africa); (ii) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); .,. • (iii) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia~ the Indian subcontinent, or the Pacific Islands); (iv) Ame~rican Indian and Alaskan Native (a per- son having orlginB in any of the original peoples of North America); or (v) Portuguese (a person of Portuguese> Brazilian.') or other Portuguese culture or origin, re- gardless of race). b. uMinority Business Enterprise0 or 0 MBE 11 1meant; a small business concern as defined pu·rsuant to Section 3 of the Small Business Act and implementing regulations, which is owned and controlled by one or more minorities. For t:he purposes of this resolution, 0 owned and controlledu means a business: (i) Which is at least 51 per centum owt1ed by one or more minorities or, in the case of a publtcly owned business.~ at least 51 per centum of the stock of which is owned by one or more n1ir1orities; and (ii) Whose management and daily business opera- tions are controlled by one or more such individuals. 5. Discrimination Prohibited. No per.son shall he ex- cluded from participation in, denied the benefits of, or other- wise discri:minate...:l against in connectior1 with the a.w-ard and performance of any City of Fresno Federially-assisted contr.act> on the grounds of race, color, nati.onal origin, or se:x. 6. MBE Liaison Officer. The MBE Liaison Officer shall adm:lnister the MBE Program. The MBE Liaison Officer shall be responsible for developing, managing,, and imple:menting the MBE Program on a day-to-day basis; for carrying out, technical assistance activities for disseminating information on avail- able buslness opportunities so that MBE 's are provided an equi-• table opportunity to bid on Federally-assisted projects; and such other responsibilities as are set forth in this resolution. • -3- 7.. Procedures to Ensure that MBEs Have an Equitable Opportunity to Compete for Contracts and Subcontracts. The City shall use the following techniques to facilitate MBE par·- ticipatiop in contracting activities: a. Arrangi.ng bid solicitations, time for the 11ub- miss :i.on of bids and bid specifications so as to facilitate the participation of MBE's. b. All prime contractors will be re1quire:d to com- plete a certification listing all minority contractors con- tacted and results thereof. c. All bid specifications will require prime con- tractors to make positive efforts to utilize MBE's. d. The C:tty, to the extent eco11omically and legally feasible, will break dc.,wn larger contracts into sma.ller contracts to facilitate the participation. of small businesses .. e. The City will affirmatively seek MBE participa- tion from major suppli,ers and contractors by encouraging minority-majority joint ventures, by providing spe1cifica• tions in a timely manner to the minority community and minority contractors associations" and by urging r·estricted competitive negotiations where appropriate and allowable .. f. 'l"he City will provide managerial and tec!hnical assistance to MBE 1 s. g. The City will hold semina1:s or workshops period- ically to acquaint the minority business community with the requirements 1and scope of its procurement activities. These sessions will he coordinated with organizations that are familiar with and wi.lling to reduce problems experi .... enced by MBE's. h.. The City will seek out and utilize minir>rity owned banks to the greates.t extent feasible. i~ Th~e City will maintain accurate records of the partic:tpation of MBE • s .. -4- 8. Directory., The City shal 1 have available resourcE:1s, including directories or lists, to facilitate in the identifi- cation of MBE's with capabilities needed in the performance of City contracts. The City shall make such resources available to bidders in their efforts to meet: the MBE requirements .. 9. Overall Goal. The City hereby establishes a.n overall goal for its MBE P1t:ogram for Fiscal Year 1982-83 as follows: i 18 percent for fir~tts owned and controlled by minorities1, and 2 percent for firms ()wned and controlled by women. The 111ethod- ology used in establishing overall goals £01:, the MBE Program is based on a projection of the number and types of contr,icts to be awarded by the City, a projection of the number and types of MBE's likely to be available to compete for contracts with the City for Fiscal Year 1982-83, and the past :results of the City's efforts to contract with MBE 1 s -and the reasons for the level of those results. 10. Contract Goals. a. The:City shall establish cont:ract goals on each specific primit contract with subcontrac:ting possibilities, which the~ bidder or proposer must meiet or exceed cir demon- strate that it could not meet despite lts reasonable efforts.. Contract goals shall be established by t:he MBE Liaison Offic~~r or his designee. The 1nethodology used in establi.shing contract goals for the MBE Program shall be based on the projection of the number and types oiE subcon- tracts that m/ay be sublet by the pr:i.me contractor, a pro- jection of the number and types of MBE 1 s likely to be availabl,e to compete for subcontracts from the prime con- tractor, and :the past results of pr,evi.ous prime con- tractors I efforts to subcontract with MBE 's and the rE,a.son,s for the level of these results. b.. 1'he City shall publish a notice announcing these goals and inf:orming the public that a descrlption of how the goals wet·e established is available for inspe~ction dur- ing normal business hours at the Office of the City Clerk • -5- for 30 days fo;l lowing the date of the notice, and informing the publ:Lc that the City will accept comments on t:he goals ' for 45 days friom the date of the noti.ce.. The noti.ce shall state that comim.ents may be sent to the City of Fre:sno - l Attention: C:Lt1r Clerk. The notice shall state that com-, men ts ar,e for ::Lnformational purposeis only. The notice shall be published in the Fres.EE_ Bee, a newspaper of general circuLation, and available minority focus media and trade ass~ciation publications, including the California Advocate and El Informador. 11. Leasing G,:,als for Department of Transportation Prog1:•ams 0n~y.. Th,e City hereby establishes an overall goal for minorlty participation in leases associated with aviation re- lated facilities on which Federal Aviation Agency (FAA) funds are utilized. The overall leasing goal on FAA prctject:s for Fiscal Year 1982-83 is as follows: ten (10) percEmt f<:>r firms owned and controlled by minorities and one-half (1/2) pe:t·cent for f:lrms owned and controlled by women. The rnethodolqgy used i.n establishing the leasing goals for the MBE P1::ogram ~:ha.l 1 be based on the past results of the City's effor·ts to lease to MBE's, a projection of the MBE 1 s likely to be interested in leasing space from the C:ity, and the av·ailahili1:y and type of space for lease. 12.. Records and Reports. l,he M"BE Liaison Officer shall maintain such records and provide such reports ~ts necessary to ensure full compllance with the MBE reporting require1nents of the affected Federal agency .. 13 .. Complaints. Any complaint received by the City of Fresno concerning the MBE Program will be investigated by the MBE Liaison Officer.. The a.ff:ected Federal agenc:::y will be noti- fied of the complaint and invited to participat•~ in the investigation .. The affected Federal agency will receive a c::omplete inves- tigative report ori the complaint arid will be requested to c~on- cur with thE~ final determination. .. • 14. Additional,. Rules and Regulations,. The MBE Llaison Officer may, with the approval of the Chief Administrative Officer, promulgate additioual rules and regulations n.ot incon- sistent with this resolution or any Federal or State law,. regu- lation or grant requirement.. In add:i.tion, any amendment of the Code of Federal Regulations requiri.ng additional MBE ProgralII, components shall amend this resolution and shall become part of the City's MBE Program. 15 .. MBE Program Period. This MBE Program shall be effec- tive for the remainder of Fiscal Year 1982-83, and shall con- tinue for subsequent fiscal years unless amended or rescinded by the Council., The C<>uncil shall annually review the MBE Pro- gram, including, but not lim:ited to, its overall goal for Federally assisted construction contracts. This resolution shall be in full force and effect immediately upon passage thereof, and Resolution No. 80-600 is hereby rescinded. *·************* STATE OF CALIFORNIA COUNTY OF FRESNO ClTY OF FRESNO l \ t !CLERK.rs CERTIFICATION l i I I ) \ ) ' ,; l ) l I, JACQUELINE L. ,RYLE,, City Clerk of the City of Fresno, certify that the forE(lgoing resolution was adopted by the Council of the City qf Fresno, California, at a regular meeting held on the 21st \day of December , 1982. EGJ:pw 12/14/82 \ I I i ; .... • POLICY . STATEMENT EXPRESSING COMMI'JCMENT TO USi~ MINr;)RITY BUSINESS ENTERPRISES Exhibit 0 A11 The Council c►f the City of Fresno hereby issue$ its policy statement expressing a {Commitment to use Minority Business Enterprises (MBE • s) to the maximum extent feaisible in all aspects of contracting .•financed by the United States Depa1.:-tment of Transportation (DOT),, Urban Mass Transportation Admini1$tra-, ' ' tion (UMTA), Federal A~ria.tion Administration (FAA), Federal Highway Administration. {FHWA), Environmental Protection A.g•~ncy (EPA) and the D,epartment of Housing and Urban Development (}1:UD) .. It is the pol:icy 0 1f the City of Fresno (City) and the United States of Ameri'ca that MJSE's shall have the maximum opportunity to partic~~pate in the performance of contracts :financed in whole or $.n part by DOT, UMTA, E'AA, FHWA, EPA and HUD. The objectiv,~s of the MBE Program are to take specific steps to eliminate diiscr:tmination and its effects, t:o ensure nondiscriminat1ory results and prac!tiees in the future., and to involve MBE • s fully .. tn contracts ,ind programs funded with Federal £unds .. The Council esta;t>lishes the basic poli<!Y of the City rela•,· tive to the MBE Program. The Chief Adminit;trative Officer of the City has thEa general responsibility for implementing Council policy relative to same. The MBE Liaison Officer of the City is responsible for developing, managing, and imple- menting the MBE Program on a day•to-day b.asis; for carrying out technical assistance activitie:s for MBE 's; and for disseminat- ing info,rmation on available business opportunit:i,es so that MBE 's are prov1.ded an equitable opportunity to bid on contracts of the City,. DsLniel K. Whlteburst MAYOR .i • • I'< 'fl' A, .. ~ E~hibit uBn ~ . ~::I" ~ .-.....-.·-- 1981-82 MINORITY BUSINESS ENTERPRISE PERCENTAGES 1. 2. 3. A .. s. 6. 7. -ts .. 9. 10. 11 ... 12. 13. 14. 15. CON'rRACTOR American Paving John Ethridge Toby Keeney .John Ethridge Gentz Const~uction Evans Construction D.G. Construction '1' 'I-\.,. •.,::i v Oun Etur 1 ..... ge American Paving American Paving Cross Construction R.G. Fisher Fresno Paving American Paving Richard L. Jones Total: $11,436,680.08 PROJECT West Fresno Parcel 26 Hinton Center Addition Irrigation/Water System Hinton Park Mosqueda Center Demolition Travelers Hotel Mosqueda Center Metro Museum Mono Street Lincoln Area Bus~ Administration Bldg. Bus. Administration Bldg* McKinley-8th-Chestnut Bullard to Fresno Bus Shelter MBE Dollar Amount: $3,074,811.00 Overall MBE Percentage: 26.8 (Includes Amount for WBE) CONtrMCT AMOUNT $ 125,769.60 228,500.00 31,095.00 """\Q on,:, 9A ~.J--10J·~~-.. ~ 36,870 .. 00 79,800.00 187,050.00 493,000.00 81,283.59 1,691,572.30 1,444,769 .. 00 5,519,000 .. 00 1,120,235.65 92,361.00 65,480 .. 00 - $11,436,680.08 FUNDING SOURCE CDBG CDBG CDBG CDBG CDBG CDBG CDBG CDBG CDBG CDBG OMTA tJMTA FAU FAU FAU MBE AMOUNT Sil I( t C \ $ 24,199.00 98,000.00 3i500;:00 37,504.00 6,500.00 8,000.00 30,925.00 90,393.00 9,817.00 938,396.00 248,912.00 944,745.00 607,812.00 11,083.00 15,025,.00 $ 3 , o 7 4 , BlJ.. .• O O CDBG = Community Development Block Grant UMTA = Urban Mass Transportation Administraticn FAU = Federal Aid Urban