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SR-205-002 .. --~ .. . . -C.1. t.y " oune. 1 ::1eetJ.~g:.arCh 8, 1983 C"I :LCB: ] a::. . ~Anta ~onJ.ca, Callfornla ~t:J~-002 TO: ~ayor and CJ.ty CouncJ.l FRO~: CJ.ty Staff ~E: Proposal for Expanded AffJ.r~atJ.ve rlctlon P~ocure~ent Progra~ Introduc:tJ.on The CJ.ty of Santa Monica J.S a dJ.verse com~unlty. To ~ore effectlvely serve the co~unlty, the Clty Caunc!.l ado9ted a for~al Afflr~atlve ActJ.on plan to achleve a balanced work force in the Clty's personnel structure. It J.S a logJ.cal extension of thlS responsJ.bJ.llty that the CJ.ty would want to J.nsure full partJ.CJ.patlon by all reputable businesses J.n the supply of goods and servJ.ces to the CJ.ty, regardless of sJ.ze or ownershlp characterlstJ.cs. ~he accompanYJ.ng report sum~arJ.zes current experJ.ence and ~akes recom~endatJ.ons for J.ncreased efforts by the CJ.ty to encourage partJ.cJ.patJ.on in the procurement process for supply of goods and serVlces to CJ.ty departments. Background DurJ.ng the 1982-83 budget study sessJ.ons, the Clty Counell discussed the need to lncrease the number of women and mJ.norlty-owned busJ.nesses sub~lttJ.ng bids to supply needed goods and servJ.ces to the CJ.ty. These bids/proposals may be for the provlsion of supplJ.es and equlp~ent, construct~on contracts, or professional serVlces. Each type of procure~ent has its own set 1 11- 1+ MAR 8 ,SOJ ((-11 MAR 3 ~~3~ , -~ - . ~rocedures and requlre~ents WhlCh offer varYlng opportunlt~es for afflr~tlve actlon enhance~ents. The followlng approach was employed In preparlng the accompanYlng dlscussion paper. 1) A standard set of definltlons was complIed from state and federal agencles' regulatlons. 2) Demographlc data was collected on population and buslness ownershlp characterlstics 2n the Los Angeles County area. 3) A review of local leglslatlon and eXlsting pollcles regardlng procure~ent practlces was ~ade. 4) Interviews were conducted wlth Clty staff ~e~ers lnvo1ved 1n procur1ng goods and serVlces to deter~ine current purchas1ng practlces and afflr~atlve act10n efforts. 5) Public agencles regardlng the specific enterprlse progra~s. throughout the country were contacted details of existing ~lnorlty-buslness 6) The City Attorney's off1ce was consulted on several occaSlons regardlng options and approaches the Clty ~lght cons1der to pro~ote afflrmatlve act10n 1n procurement. The lnfor~ation obtalned from all of the above sources was summarized and consolldated lnto a serles of optlons and reco~endations for COUDC11 and staff actlon over the next year. 2 ~ e An 1n1t1a~ draf~ of the report was d1str~buted on December 3, 1982 to the C1ty Counc1l, Department Heads, CO~~lSSlon on Status of Wo~en, Cha~ber of Com~erce and interested c1t1zens f8r reV1ew and co~~ent. ~any of ~he responses and suggest10ns have been 1ncorporated 1n the rev1sed report. Among the co~~ents wTI1ch have been 1ncluded 1n the reco~~endatlons are: develop~ent of a ~onltorlng and reporting syste~~ 1ncreased responslb1llty for Purchasing and other depart~ents to SOllcit blds from ~inor1ty and women-Owned f1r~si reV1Slon of the current goals for award of contracts to women and ~lnor1tY-0wned fir~s; inclusion of aff1r~ative act10n provls1ons 1n the C1ty'S purchas1ng procedures, CDBG agree~ents and construct1on contracts; 1ilst1tut1on of sanct10ns for non-compl1ance w1th the City's eventually adopted aff1r~~t1ve act10n requlrementsi and possibilities for preferenclng of un10n employers 1n some li~lted purchaslng sltuatlons. Recommended Actlons Development of a ~ore formalized aff1rmat1ve action procurement program lS a complex and time-consu~lng undertaking. Staff's research has found that there are relat1vely few such programs 1n eXlstence and that even among those programs, there 1S a w1de dlverslty of legal op1nlon as to what components are defenslble. 3 , e e An lncre~ental approach has Deen current organlzatlonal capabllltles prlorltles belng addressed by staff. reco~~ended based on and other l~portant It lS fel~ that the reco~~endatlons su~~arlZed below =epresent a realist~c and serlous step to enhanclng Clty perfor~ance In thlS l~portant area that ~nvolves several ~llllon dollars l~ taxpayers' funds each year. Whlle eXlstlng staff can undertake the flrst set of reco~~endatlon5, It 15 suggested that CounCll assess~ent of the need for addltlonal staff and ~onetary resources dedlcated to thlS progra~ be conSldered durlng the 1983-84 budget reVlew. A sU~~ary of actlons reco~ended at thlS tlme lnclude: 1) Develop~ent of an automated data 5yste~ to collect and analyze statistlcal performance lnfor~atlon. 2) Increased outreach actlvltles through publlC lnfor~ation; contact with ~lnorlty buslness clearlnghouses; dlssemlnatlon of lists of ~lnorlty and wOMen-owned flr~s to both departments and large contractors for sollCltatlon purposes; particlpatlon in trade falrSi and sponsorshlp of procurement se~inars. 3) Development of an ad~lnistratlve instructlon outllnlng criteria for conslderatlon in selectlon of professlonal serVlces providers to ~nclude afflrmative act~on prov~sions. 4 ~ - e 4) For~al ~a~lng of the Clty'S program as the Women and ~lnor1ty BUSlness Enterpr1se Program (~~BE). 5) Develop~ent of afflr~atlve actlon prav1s1ons to be lncluded 1n constructlon contracts over $100,000. 6) Increased requlre~ents for all deoartments to SOllclt blds fro~ ~lnorlty and wo~en-owned bUSlnesses. 7) Development of sanct10ns for non-co~pllance with the Clty'S aff1r~at1ve act10n gU1dellnes. 8) Rev1s1on of eX1stlng and establlshment of add1tlonal goals for award of contracts to ~lnorlty and wo~en-owned flrms 1n all three 9rocurernent areas. 9) Further exploration of possiblllt1es for prov1d1ng purchaslng prlorit1es to union1zed f1r~s. 10) Further exp1oratlon of 2nc1uslon of afflrmatlve actlon provlsions 1n development agree~ents. Upon substantlal completion of these tasks, conslderatlon ~ay be given to lustltutlng additlonal co~ponents of thlS program, such as set-aslde or preference ~echanlsms. It lS strongly felt, though, that these types of progra~s should not be undertaken until a strong base lS 1n place to support an affirmat1ve actlon procure~ent program. 5 " ~ e . Recornmendat1on It lS resectfully reco~mended that the C1ty Counc1l concur wlth the expanded aff1r'1lat1ve actlon procurement program act1v1t1es proposed above to promote equal opportun1ty for all bus1nesses to part1cJ.pate 1n the C1ty'S procurement and contract1ng system. It 15 further requested that the CouncJ.l provlde any further suggest10ns or co~ents for staff study and/or 1mplementat1on 1n the ~onths to corne. Prepared by: Lynne C. Barrette Deputy CJ.ty Manager 3ermelJ.nda Rendon Sr. AdmJ.n1stratJ.ve Analyst 6 ~ e e CITY OF SANTA MONICA PROPOSAL FOR EXPANDED AFFIR~ATIVE ACTION PROCUREMENT PROGRAM PREPARED BY: CITY ~ANAGER'S OFFICE MANAGEMENT SERVICES DIVISION DRAFT DECEMBER 3~ 1982 REVISED FEBRUARY 4J 1983 '- e e TABLE OF CONTErITS I INTRODUCTION 1 II DEFINITIONS 1-3 I I I DEMOGRAPHICS 3-5 IV BACKGROUND - LEGISLATIVE HISTORY 5-6 V CITY OF SANTA MONICA EXPERIENCE AND PRACTICE 7-13 VI MBE PROGRAMS IN OTHER PUBLIC AGENCIES 13-29 III I CONSTRAINTS/PARAMETERS 29-32 VII OPTIONS/LEVELS OF INVOLVEMENT 32-37 IX RECOMMENDATIONS 38-48 X CONCLUSION 48-49 APPENDIX I WMBE RESOURCES AND INFORMATION 50-53 APPENDIX II MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES 54-56 APPEND IX I II WMBE DIRECTORIES AVAILABLE IN THE PURCHASING DEPARTMENT 57-58 APPENDIX IV ORGANIZATIONS AVAILABLE TO ASSIST WMBE's 59 JAL - e e I. INTRODUCTION The C1ty of Santa ~on1ca 15 a dlverse co~un1ty. To ~ore effect1vely serve the communlty, the C1ty Councll has adopted a formal Aff1rmat1ve Act10n plan to ach1eve a balanced work force 1n the Clty'S personnel structure. It lS a loglcal extens10n of thlS responsibll1ty that the C1ty would want to lnsure full part1clpatlon by all reputable bUSlnesses 1n the supply of goods and serVlces to the Clty, regardless of Slze or ownersh1p characterlst1cs. ThlS report addresses ~eans of lncreas1ng the number of contracts awarded to mlnorlty and women owned bus1nesses. Due to rac1al, ethn1C preJudice or cultural bias, these buslnesses ~ay be economlcally or soc1ally dlsadvantaged. Soclal barrlers ~y have affected the abl11ty of these indlvldual buslness owners to effectlvely compete in the free enterprlse system due to dl~ln1shed cap1tal and credlt opportun1t1es. Issues relatlng to local. small, non-proflt and unlonlzed employers are also dlscussed. II. DEFINITIONS The follow1ng deflnltlons are offered to provlde clarification for the reader, and for the purposes of discusslon. 1. Small Business - is deflned by the State Employment Development Department as one with fifty or fewer employees. 1 e e 2. ~lnorlty and Women Owned BUSlnesses - A small buslness concern \~lch lS owned and controlled by one or ~ore ~~nority persons or by women. Owned and controlled ~eans a s~all bus~~ess concern whose ~anagement and dally buslness operatlons are controlled by ~lnor~ty persons or by women; and whlCh lS: a) a sole proprletorshlp leg~t~mately owned by an lndlVldual who is a ~norlty person or a woman: b) a partnershlp or Jo~nt venture In WhlCh at least 51 percent of the beneflClal ownership lnterest legltlmately is held by mlnority persons or by women: or c) a corporatlon or other entlty, lncludlng a publicly owned business, ln WhlCh at least 51 percent of the votlng lnterest and 51 percent af the beneflclal awnershlp interest (loe., stock) legltimately are held and owned by minorlty persons or by women. 3. Mlnorlty GrouF Persons - Shall ~ean a person of Black, Hlspanlc, ASlan/Paclflc Islander, Native Amerlcan or Alaskan raclal orlgln and ldentlty. 4. Women This definltlon shall lnclude all women. 5. Local - A local buslness shall ~ean a business firm wlth fixed offices or dlstrlbution pOlnts located wlthln the boundaries of Los Angeles County. 2 e e 6. Unlonlzed Em~loyer A buslness WhlCh has a labor organlzatlon, com~lttee or representatlve actlve wlthln lts structure. ThlS commlttee/representat1ve represents employees and eX1sts for the purpose, 1n whole or 1n part, of deal1ng w1th the employer concern1ng gr1evances, labor d1sputes, wages, rates of pay, hours of employ~ent, and/or conc1t1ons of work. 7. Non-Prof1t Or9an1zat1on - A group organlzed for purposes other than generatlng prof1t, such as a charltable, sClentlflC or literary organ1zatlon. III. D&~OGRAPHICS Infor~tlon on the CO~pOS1tlon of local populatlon and bUSlness enterprlses 1S provlded because thlS data should be cons1dered in the development of aff1rmatlve actlon plans and efforts. The Los Angeles County populat1on 1S broken down 1n the follow1ng ~anner:(l) Wh1te 3,008,027 (40.23%) Black 944,009 (12.62%) Hlspanlc 2,065,727 (27.63%) Indian 48,158 ( .64%) ASlan 434,914 ( 5.82%) Other ~inority Groups 976,822 (13.06%) ---------- ------- Total 7,477,657 (100%) (1) "1980 Populatlon by Race and Spanlsh Origln by Tract", Los Angeles County Reglonal Plann1ng Department. 3 e e The C~ty of Santa ~on~ca's 1980 popu1at~on of 88,314 was d~str~buted as follows: :'Yh~ te Hispan~c Black Amer. Ind~an ASJ..an Other 64,191 11,485 3,594 396 3,567 5,081 (72.69%) (13.00%) ( 4.07%) ( .45%) ( 4.04%) ( 5.75%) ~he total number of bUSlness establ1shments 1n Los Angeles County (exclud1ng government employees, ra11roads, self-employed, domest1c serv~ce and far~ workers) ~s 157,046. Of th1S figure, 147,330 are cons1dered small bus1ness estab11shments.(2) Accord1ng to the most recently ava11able census data, the total number of ID1nor1ty and female owned bUS1ness 1n Los Angeles County 1S 86,943.(3) The breakdown for these businesses 15 the followlng: Black owned buslnesses 14,699 Hlspan1C owned buslnesses 17,177 ASlan, Indlan and other ~inority owned bUS1nesses 18,382 Female owned buslnesses 36,685 The number of bus~ness enterpr~ses owned by mlnorlty women is included ~n both the female owned buslness category and lnter-spersed among the var~ous ~~nor1ty owned bUS1ness categories. Thus they are counted tWlce. (2) Source: "County BUS1ness Patterns", U.S. Bureau of Census. 1978 (3) "1977 Census of M1norlty Owned BUS1ness Enterprise", U.s. Bureau of the Census. 4 .... -- e e It lS noteworthy to ~entlon that we could no~ readlly ldentlfy fro~ the above lnfor~atlon, the nu~ber of ~lnorlty and women owned bUSlnesses that provlde the types of goods and serVlces that the Clty has a need for. IV. BACKGROUND - LEGISLATIVE RISTORY The Clty Charter requlres the establishment of a centrallzed purchaslng system. The Munlclpal Code sets forth the competltlve blddlng process for both informal and for~al blds. Accordlng to the Code, all open ~arket purchases, (which are those of not ~ore than $5,000), shall be awarded to the person/flr~ offerlng the lowest and best bld. At the present tlme, purchases of more than $5,000 requlre a formal bid process. ThlS process requlres publlcatlon In the offlclal newspaper, specifled tlme frames for 01ddlng and the publlc openlng and declaratlon of blds. Blds are then tabulated and referred to the Clty ~anager for presentatlon to the Clty Councll. The Councll then makes the declslon concernlng the award of the contract. The Municipal Code does not speclflcally dlSCUSS afflrmatlve actlon In the Clty'S purchasing and contractlng efforts. However, on October 27, 1981 the Clty Counell adopted a reso1utlon wnlch encourages and sets goals for the partlclpatlon of minorlty and female owned businesses In Federally assisted constructlon proJects admlnlstered by the Clty. The Mlnorlty Business Enterprise Program approved at that ti~e establlshed pol~cy and committed the C~ty to a progra~ administered In 5 - e e accordance w1th regulat10ns lssued by the U.S. Depart~ent of Transportat10n. W1th1n that program, a citywlde ~lnorlty vendor part1c1pat10n goal of 2 percent of the total dollar amount awarded was also set for the procure~ent of equlpment, ~ter1als, supplles, and professlonal serV1ces for f1scal year 1981-82. F1nally, Department coltlprehenslve a budget performance ObJectlve of the Purchaslng for FY 1982-83 lS to develop and ltla1nta1n a informatlon base for the Minorlty Business Enterprlse prograltl. V. CITY OF SANTA ~ONICA EXPERIENCE AND PRACTICE The City incurs expendltures for goods and serV1ces 10 three ~aJor areas: supplles and equ1pment, professlonal serVlces and capltal construction. As lnd1cated above, there has been no for~llzed aff1~atlve actlon program 1n the procureltlent process. Thus, data on our past perfor~ance lS very 11mlted. Furthermore, systems are not currently 1n place to retrleVe all appl1cable 1nformation. Supp11es and Equipment In flscal year 1981-82, approxl~tely $20 '1\11110n was spent for suppl1es and equ1pment. Durlng th1S perlod, 7,793 flxed-price purchase orders were 1ssued. Approxllt\ately $400,000 or 2 percent of the total were expenditures Itlade w1th ~lnorlty and female owned bus1nesses. Th1S lncludes expendltures Itlade through both the formal and lnformal bld processes, but does not reflect expend1tures on open order purchases. 6 e e During the per~od fro~ July I, 1982 to present (January 31, 1983), $10,785,369 was expended for supplies and equ~p~ent. One thousand, one hundred forty three purchase orders were issued dur~ng thlS expendltures perlod. $211,708 or 2 percent of thlS total were ~de wlth 52 ~lnorlty and fe~ale owned businesses.* Only th~rteen $ 5,000. The services to ~lnorlty vendors recelved awards 1n excess of serVlces and equlpment purchased ranged from fll~ securlty syste~s, office furnlture, t~res and pr1ntlng serV1ces. A qu~ck rev~ew of the I1st 1ndlcates that ~ost of these flrms were in the Los Angeles County area. The Purchaslng Department has 1dent~fled 108 ~lnorlty vendors Who have done business with the City in the last year. ThlS 11St lncludes 21 female owned businesses. Purchas~ng ~akes use of the MBE llst on informatlon on the C~ty's sollc1tlng 1nforma1 bids. every formal bld by ~a11ing vendors needs. Th1S list lS also used for During the for~al and lnfor~al bidding processes, flr~s are requested to co~plete an affidavlt If they feel they quallfy as a ~lnor1ty Buslness Enterprlse. This procedure was l~plemented over a year ago. Accordlng to the Purchasing Dlrector, the responses have been relat1vely good. ~ore recently, Purchaslng has developed a fOllOW-Up letter to the affidavit. This letter requests further infor~ation on the vendor's ~inorlty status and 18 an attempt to verlfy the status. * The 1982-83 flgures do lnclude open order expendltures. 7 --~~ - e Another aspect of the Purchas~ng Depart~ent's ~BE program lS the walvlng or lowerlng of bld bond requlrements. The City has a speclfic bond requ~rement for each purchase. Th1S requ1rement ~s only for for~al blds and 1S usually 10 percent of the bid amount. The bld bond guarantees that a company wlll provide the serVlces at the bld pr1ce. To determlne lf lowerlng or wa1ving of bond requlrements lS feas1ble, the Slze and type of the purchase are considered. If it 1S decided to wa1ve or lower the bond requJ.rement, this lnfor~at1on J.S sent to all vendors w1th bld specif1catlons. B~d bonds have been wa1ved several tlmes in the acquisition of vehlcles. In other lnstances, when bids have not been received dur~ng the ln1t1al open time frame, the PurchasJ.ng Dlrector has elected to waive the b1d bond In an effort to 1nduce bJ.ds and avoid further delays. ThlS has occurred ln the purchaslng of shlrts for a 10k race, purchaslng of ceramlC tlle for the Pollce Department and replacement glass for Clty buses. There have also been lnstances where the total amount of the purchase J.S an unknown factor, thus the bond has been reduced to a finlte amount (e.g., purchaslng of lunches for a Senlor CJ.tJ.zen Progra~, fuel for City vehlcles, etc.). Flnally, Santa ~onica has a one percent local vendor preference pollcy, ConslderJ.ng one percent of the local sales tax share as a rebate, lf two ldentical low b1ds are submitted and one of the vendors lS from Santa Monlca, the contract would B ............-............... . e be awarded ~o the local vendor because the net cost of thlS contract would be the lowest cost to the Clty. ProfeSSlonal SerVlces In the area of Professlonal Servlces, $1,061,636 was spent durlng flscal year 1981-82. From July 1, 1982 to the present (January 31, 1983), $823,324 has been spent ln thlS category. The Department of Recreatlon and Parks has expended $406,411 ($317,288 of wn1ch lS for lifeguards) and the Department of Com~unity and Econom1C Development has spent the second largest amount, $280,031, (over one-th1rd of which 1S for the Land Use Study). The cltywlde budget for professlonal serV1ces lS $1,367,440 wlth a balance rema1n1ng of $544,116. Of the three procurement types discussed 1n this report, profess1onal serVlces has the least restrlctlve ~unlclpal Code requlrements. Most slgnlflcantly, it is not requlred to award contracts to the lowest bldder. spent and/or Data has been collected ~anually to deter~ine the amount In recent rnonths contractlng for services wlth ~lnorlty women-owned professional serVlce f1rms. Analysls of thlS data suggests the fol1owlng: Of the $823,324 expended during the perlod from July 1, 1982 through January 31, 1983, 8.4 percent or $69,330 was contracted wlth m1nority and women-owned flrms. The breakdown of dollar volume expended, between women and rnlnority-owned firrns lS 9 - e $64,690 or 7.8 percent w~th wo~en, and $4,639 or .5 ?ercent wlth ~~nor~ty-owned ~. ~~r~s. The Department of Recreat10n and Parks 15 the only depart~ent WhlCh contracted Wlt~ ~lnority ~ales. ThlS department lS un1que in their use of professlonal serVlces. The var10US recreatlon lnstructors who teach classes sponsored by the Department of Recreatlon and Parks are lncluded l~ the flgures. These contracts are usually small and there 1S generally a slgniflcant turnover of 1nstructors throughout the year. Those f1rms that were known to be owned by m1norlty women (6) were lncluded In the female count. It should be noted that the ownersh~p status of 36 of the approx1mately 228 profess1onal serVlce consultant fir~s or 1ndlvlduals we have contracts with in the current year 1S unknown. Cltywide, approx1mately 12 of the contracts were ldentlfled to be wlth publlC agencies. The expenditures incurred through these contracts are lncluded 1n the overall total as are the expendltures incurred through two contracts wlth firms that have female principals (30 percent ownersh1p), There were two other contracts identifled wlth f1rms that are 50 percent women-owned. The amounts expended through these last two contracts are lncluded ln the flgure Wh1Ch reflects the dollar volume expended wlth women owned f1rms ($64,690). ThlS analysls reflects the fact that, although the City has contracted to some degree wlth women owned flr~s, Santa Mon~ca's 10 . e exper1ence In contract1ng wl~h ~lnorlt1es for professlonal servlces has been ~lnlmal. Caplta1 Construct1on It was deter~lned after d1Scuss1ons wlth flnanclal staff that 1n f1sca1 year 1981-82 (July, 1981 June, 1982) approxl~ately $5,006,000 was spent 1n the area of Capltal I~prove~ents. In the current year, $6,883,522 15 budgeted for cap1tal constructlon proJects. Analysls of constructlon contracts awarded by the Clty durlng the perlod (October 1, 1980 - Septe~ber 30, 1981), prlor to the establlshment of the ~BE program for federally funded Jobs, dlsclosed that only one subcontract, representing approximately 1 percent in dollar value of all contracts was awarded to a flrm llsted In the CALTRANS ~BE Dlrectory.* Under current policy, unless a project 1S federally funded, e~phasls 1S not placed on MBE partlc1patlon. Two ~aJor approved projects are ellglble for federal fundlng: the reconstruction of Wllshire Boulevard, Wh1Ch 1S currently underway; and the lnstallatlon of new trafflc slgnals and upgrading of eXlstlng systems at var10US locat1ons. * The ~BE program ad~lnlstered by the Department of General SerVlces is operating on a federal flscal year. 11 a ~ e Because there was no C2ty data base ava2lable to set goals, the cr2ter2a used to develop the MBE construction program were prov2ded by Caltrans. If a construct1on project 15 over $1,000,000, SlX percent of that amount should go to a minor2ty contractor or subcontractor and two percent should go to a fe~ale contractor or subcontractor. The Wilsh1re ProJect is over the $1,000,000 llmlt and atta2n2ng ltS goals. Infor~at1on that contractors and subcontractors submlt regard1ng the2r ~inorlty or fe~le owned status lS ver1fled before approval of pay~ents and ~on1tored on a ~onthly bas1s. It is extremely lmportant that they ~a1ntaln thelr status throughout the llfe of the proJect because federal funds would be lost 1f the C1ty were not 1n co~pl1ance wlth regulat1ons. Although the Department of Community and Econo~ic Development has overall respons2bil1ty for the Commun1ty Development Block Grant Program, CDBG pub12c works constructlon contracts are adm1nistered by the Department of General SerVlces. The current contract format 1ncludes an afflr~t1ve act10n provls1on Which states that the contractor shall comply w1th Tltle VI of the C1V21 R1ghts Act. When intervlewed, General Services staff lndicated that there are no other specif1c affirmatlve act10n requ1rements and any afflr~tlve action activltles that do eXlst are not monitored. 12 ~ e Contracts do, however, requ~re that preva~l~ng wages are pa~d and th~s ~s ~on~tored through a review of a ~onthly cert~f~ed payroll and lntervlews w~th e~ployees. If lt 1S deter~~ned that an e~ployee 1S not rece~vlng prevail1ng wages. the contractor 1S contacted and provlded the opportun1ty to demonstrate payment of preval11ng wages through check stubs. Usually, differences are clarlfled or the contractor complies. If the contractor refuses to comply. the~r name ~s submltted to HUD. HUD places their na'TIe on a "Debarred" 11st and these contractors ent1.tles. are not ellgible to contract with govern~ent VI. ~BE PROGR&~S IN OTHER PUBLIC AGENCIES Dur1ng the course of this study, lnformat1.on was obta1ned fro'TI a number of public agenc1.es regard1.ng the1r Minorlty Bus1.ness Enterprise Programs. A survey of MBE partlc1patlon 1n state and local governments prepared by the National Inst1tute of Governmental Purchaslng (NIGP) was also obtalned. The general f1nd1ngs were that for'TIal MBE programs are not widespread nor part1cularly well developed. 13 e e ~BE Partlc1pat1on 1n State and Local Governments The NIGP report addresses ~lnor1ty buslness part1c1pat1on the level and character of 1n the est1~ated $280 b1ll1on state and local government purchas1ng ~arket. It 1S estl~ated that ~lnorlty bUSlnesses currently obtaln between $300 and $350 ~llllon In state and local government contracts, or a llttle OVer 1 percent of the total. The study revlewed a nu~ber of program operational patterns: A ~ajor vehlcle for lncreas1ng state and local governmental contract opportunlt1es for ~lnor1ty bUSlnesses is the s~all purchase. generally contracts of up to $5,000. Some governments do have ~lnor1ty bus1ness subcontract requlrements (not related to Federal grants), part1cularly ln construct1on. Some reVlew specificat10ns to try to break the~ down to enhance the posslbllity that ~lnorlty businesses can sub~it blds. - Few purchasLng departments have staff, either full-time or part-tlme. to help promote ~inorlty buslness opportunltles. but where such staff do exist they play a ~aJor role. Federal fundlng for staff ald eXlsts 1n Oakland (one person), San Antonio (two persons) and PhoenlX (one person). Very few purchaslng departments have taken steps to help stlmulate buyers to pro~ote ~lnor1ty buslness. All ~inorlty buslness programs surveyed operate through a competitive process. Where procure~ents are set-aslde for ~inorltles, the ~lnorlty bUS1nesses co~pete a~ong themselves for 14 .' e e the contracts. M1nor1ty bUS1nesses do beneflt fro~ the appllcatlon of geographlc preferences and avallablllty of s~all buslness progra~s 1n so~e governments. Clty of Oakland The Clty of Oakland has the ~ost extenSlve MBE program dlscovered 1~ the course of thlS study. To date, there have been no successful legal challenges of their program. Before discusslon of the Clty of Oakland's Afflr~tlve Actlon Program, so~e general lnfor~tlon and demographlcs concern1ng the Clty may prove benef1clal. The C1ty'S operating budget for f1scal year 1982-83 15 $220 ~lllion. As of June, 1982 the Clty employed 2,875 indlvlduals. The population of Oakland 1S 380,000 and 68 percent of the populatlon 1S minorlty. Four years ago, the C1ty of Oakland adopted an Afflr~at1ve Actlon Program for formal purchases of suppl1es and com~odltles. The 1mplementatlon of this program requlred an ordlnance change. The Clty's program has a b1d preference mechanlsm for local mlnorlty suppllers. Th1S ~chanlsm lS only applicable in the b1ddlng process for purchases of supplles and commod1t1es. ~he program 1n sum~ary: Establishes a preference of 5 percent for local vendors and 10 percent for local ~lnority vendors in evaluat10n of all awards on sealed bids. Th1S is the only local minor1ty vendor preference program we located in the State of Callfornia. 15 1 . e - Establ1shes a ~lnor1ty Suppl1er Development Program. This lncludes search1ng out and ass1s~lng ~lnorlty suppllers 1~ the b1ddlng process. A posltlon for ~lnor1ty vendor deve1op~ent was created 10 the Purchas1ng Depart~ent to carry out th1S effort. The U.S. Department of Com~erce, Offlce of ~lnor1ty BUS1ness Enterpr1se has funded thlS pos1t1on. - Requlres vendors on contracts exceedlng $15,000 to fl1e an Affir~atlve Action Plan which out1lnes the present work force and the vendor's plan to achleve populatlon parlty for the area 1n WhlCh they do business. Th1S ~ust be done to be cons1dered a responslble bldder. - Requlres vendors to file notlce wlth unions, when blds are in excess of $50,000 and when e~ployment in the flr~ exceeds 50. In 1981-82, the MBE partlcipatlon goal was 15 percent. The Clty awarded 59 percent of total expendltures to Oakland vendors and 22 percent to ~inoritles 1n that year. By comparison, Just two years before, mlnorlty suppliers rece1ved only 10 percent of the total dollar volume. The amount expended on bid purchases In fiscal year 1981-82 was $5.4 ~illlon. Based on past perfor~ance, the five year goal of 26 percent for ~lnorlty suppllers set in 1978 w111 be achleved by the end of flscal year 1982-83. The fee11ng of staff when lnterv1ewed concern~ng their success and the effect1veness of the program is that lt has worked well, perhaps too well, because publlC pressure recently has been to 1nclude the preference ~echanism 1n the Public Works 16 . e Program. ThlS would cost the Clty a substantlally greater a~ount because these contracts are conslderably larger. In addltlon to their Afflrmatlve Actlon Progra~ In purchaslng, the Clty of Oakland also ad~lnisters Afflr~at1ve Actlon Programs In the areas of capltal 1mprove~ents and professlonal serVlces procurement. rhe Capltal I~provements Afflrmatlve Actlon Program was adopted in Aprll of 1979. The goal for thlS program In 1979-80 was that 22 percent of the total dollar amount expended was to be awarded to mlnorlty flr~s. In fiscal year 1980-81, 32 percent was awarded to such flrms and in 1981-82, 48 percent was awarded. The total dollar amounts expended for these years are the fo1lowlng: 1979-80, $6.6 ~1111on; 1980-81, $27 ~llllon (conventlon center built): 1981-82, $8-9 ~llllon. The goals for this program have been met every year. In fiscal year 1982-83 $100 ~lll10n 15 budgeted for the City's Capltal Improvements Program. ThlS 1ncludes a large re-development proJect. As of July 1, 1982, the Clty Councll approved the followlng Affir~ative Action goals for constructlon proJects: 30 percent ~inorlty and 5 percent female. Half of the 30 percent ~st go to small minorlty flr~s and half of the 5 percent ~ust go to small fe~ale owned firms. The profess1onal services affirmatlve action program was ~mplemented approxlmate1y two years 1981-82, the budget was $3.9 mlll~on. ago. For f~scal year Goals establ~shed at that 17 e tit t 2 'TIe were 36 percent 'TIJ.norJ.ty and 12 percent female part2cJ.pation. The C2ty ~et the fe~ale partJ.c2patJ.on goal and fell one pOJ.nt short of meetJ.ng the 'TIJ.norJ.ty part2cipatJ.on goal. The rev2sed goals for 1982-83 are 40 percent ~J.nor2ty and 15 percent female partJ.cJ.patJ.on. In all three of the Aff1r~atJ.ve Act20n Programs, pUblJ.c awareness and support were clted as strong factors for thelr success. Starf support for these programs has been provlded by exist1ng staff WJ.th the except10n of the one federally funded staff positJ.on J.n the ~1nor2ty Supp11er Development Program. Evanston, I11J.n01s The populatJ.on of Evanston, Illlnois 1S approxJ.mately 75,000 with the CJ.ty emploY1ng 800 2nd2vlduals. The operat2ng budget for the City 1S $40 ~illion. This does not include thelr Capltal l~provements Program. In late 1973, Evanston passed an 1nnovatJ.ve resolut1on WhlCh establlshed an Afflrmat1ve ActJ.on PurchasJ.ng Program, known locally as the "set aS1de" program. The five baS1C ele'1lents of the progra'1l are the followJ.ng: - Contracts between the C1ty of Evanston and contractors for the purchase of goods and/or serVlces contain a clause whlch commits the contractor to actively SOllCJ.t blds for the subcontractlng of goods or services fro~ quallfled minorJ.ty businesses. 18 " e e The resolution also requ~res that the Purchasing Department establ~sh and ~a~ntaln a current resource llSt of y!unor~ ty lncludec. buslnesses, ~n all and that appllcable ~lnorlty bUSlnesses be sollcltat~ons for serVlces and ~ater~als contracted for or purchased by the Clty. The Clty ~anager develops an annual purchaslng program wh~ch sets aSlde speciflc projects and commodltles whlCh are to be reserved for bidd~ng by small ~BE's. Deter~lnatlon of which projects are "set aSlde" 15 based upon the avallabll~ty of competltlon among small minor~ty contractors, and the avallabillty of contractors able to perform the speclf~c serv~ces requested. The resolutlon also states that perfor~nce bonds may be walved lf the acquis~tlon of the bonds tends to dlscourage ~lnorlty partlclpat1on; When a perfor~ance bond 15 not absolutely necessary for the Clty'S protect~oni or when an alternatlve means of protecting the Clty can be used. Flnally, appropriate ad~lnistratlve departments ~ust give aSslstance to MBE's ~n the preparatlon and sub~isslon of bids. In discussion wlth Clty Manager's staff concernlng their "Set Aside" program, they lndlcated some problems wl.th the program. The program not only requlres that the vendor or contractor be a ~lnorlty or female owned flrm, but that the mlnorityjfemale lnterest actually have a slgniflcant role In ~anagement of the operatlon. Verif~catlon of thlS has been 19 e e d~ff~=ulta The staff also stated that they do not estab11sh set-as1de goals 1n ter~s of annual dollar a~ounts. Dur1ng the budget process they review 1te~s that ~ay be amenable to "set aS1de". Staff support for this progra~ lS prov1ded through eX1stlng staff. Clty of Los Angeles The Clty of Los Angeles has a The breakdown of the population is percent h1spanlc, 16.7 percent black, percent Amer1can Indlan. The current C1ty is approxl~ately $1.4 bl11ion. populatlon of 2.9 ~llllon. 47.8 percent whlte, 27.5 6.6 percent ASlan and .56 operatlng budget for the The Slze of the Clty of Los Angeles proh1bits a deta11ed discussion of thelr ~any efforts at Aff1rmatlve Actlon. However, the Mayor's Small, Local, Buslness Program 15 noteworthy. The Mayor's Office houses a Small, Local, BUSlness Progra~. This program was establlshed through the adoptlon of an ordlnance 1n June, 1980. This ordlnance establlshed a flVe percent preferential advantage on bids for clty contracts under $20,000 for small, local businesses. This program is ad~inlstered by a ~anager and an Admlnlstrat1ve Assistant. Although the Clty has not establlshed performance goals, the followlng lnformatlon reflects accompllshments dur1ng the flrst full calendar year of the program. 20 e e Dur1ng calendar year 1981, the S~all, Local BUS1ness program reported a very ~odest level of act1vlty by the Clty'S four 1nvolved departmental procurement authorlt1es wlth only 49 awards to small firms for a total of $117,205. By contrast, the ent1re C1ty of Los Angeles awarded over 24,296 contracts totalllng 8224,000,000 during thlS per1od. Of the 49 contracts awarded under the program, flve were to mlnor1ty f1r~s who recelved a total of $30,645 or 26 percent of the total. Under thlS program, it appears that mlnorlty vendors are showing a higher rate of partlclpation than was reported dur1ng 1981 1n other procurement programs. Of the $224,000,000 1n procurement contracts awarded by the Clty overall, less than 1/2 mllllon dollars were awarded to mlnorlty vendors and suppllers. Com~ents by those departments implementing the ordlnance and those recelved from lnterested bus1nesses and trade assoclations 1n the greater Los Angeles area seem to lndlcate that 1f the intent of the program 1S to stlmulate more buslness opportunlt1es for small buslnesses wlthln the Los Angeles area, the program should be somewhat amended. Suggested changes lnclude expansion of the program to lnclude other clties wlthin Los Angeles County~ lncreaslng the $20,000 contract lim~t: and l~ple~entatlon of an addlt10nal 5 percent preference for those mlnor~ty bUSlnesses and suppllers who fall wlthin the program definltion of a small business. 21 - e ~lnorlty vendors and suppllers have been partlcularly crltlcal of the geographlcal ll~ltations of the program and the $20,000 contract li~lt currently in effect. Seattle, Washlnston ~he City of Seattle approved an ord1nance 1n June, 1980, Wh1Ch establ1shed requ1rements for ensurlng full and equltable opportun1t1es for women and ~lnorlty bUS1ness enterprlses to provlde goods and serV1ces to the City. C1ty wide annual goals were establlshed. These goals are expressed 1n ter~s of the percentage of total dollar value of all contracts awarded by the C1ty. In addlt1on, goals were set for the Board of Public Works in 1980-81 of 15 percent for ~lnority bUSlness enterprises and 3 percent for women's bUSlness enterprises. In conversations w1th staff, we learned that ~BE partlclpat1on, durlng 1980-81, came very close to ~eetlng the 15 and 3 percent goals. Staff resources for thlS proJect lnclude the Dlrector of the Department of Human Rlghts and twu professlonal staff ~e~bers. Oranse County Transit Dlstrict The orange County Translt Dlstrlct (OCTD) also admlnisters a ~inority Buslness Enterprlse Program. The objectives of the program are: to 1dentlfy fir~s owned and controlled by ~inorlties and women wnlch are capable of providing needed serVlceSi to develop and distr1bute lnfor~atlon, directed towards famlllarlzlng ~inorlty owned firms of the Dlstrict's contractlng 22 _ e and procure~ent procedures and requ1rements7 to develop necessary 1nterdepart~ental relatlonshlps facil1tate i~plementatlon of WhlCh w1ll pro~ote, foster and the progra~7 and flnally, to contr1bute to the econO~lC stab1l1ty and growth of ~lnor1ty owned f1r~s 1n the County area. The OCTD has developed a bid book of ~lnorlty bUSlnesses 10 addltlon to utl11z1ng other d1rector1es and organlzatlons WhlCh ~alnta1n llstlngs of ~lnority buslnesses as references. Conversat1ons wlth the MBE Offlcer provlded lnfor~at1on on the success of thelr program and factors to cons1der that ~ay ensure a ~ore effectlve ~BE program. The MBE Off1cer felt that thelr program had been qUlte successful. They have always ~et thelr goals, wnlch he cautloned should always be reasonable and developed using spec1fic criterla. OCTD establlshed goals In 1982-83 1n three areas: General SerV1ces (supplles) Consultants Construct1on ~BE 7% 2% 12% WBE 2% 1% 5% I~lementation of controls to ensure that buyers are search1ng out ~lnorlty and women owned bUSlnesses and the attltude of the buyers are key ingredlents to the success of an ~BE program, accordlng to staff. In ter~s of resources allocated to their MBE program, the MBE offlcer is assigned full-ti~e to thlS program wlth some support staff. 23 - e Hartford, Connect~cut In August, 1977, the C~ty of nartford, Connect~cut ln~t~ated a Minor~ty Contractor Partlclpatlon Program for competltlvely bld federally funded constructlon proJects. Th~s program ~ncludes a 10 percent ~lnorlty and women owned bus~ness utl1~zatlon require~ent. The Cauncll later deter~lned that ~BE partlc~patlon requ1rements should be expanded to 1nclude all constructlon contracts funded through the Clty. The 10 percent ut111zation requ~rement lS now a ~lnl~Um require~ent. D1SCUSSl0ns wlth the staff person asslgned to thlS proJect indlcate that they have had diff1culty 1n ~eetlng the 10 percent requ1re~ent. San Francisco ThlS Clty does not have a for~al MBE program. However, accordl~g to staff, buyers are constantly 1n search of ~inor1ty flrms. Small local bus1ness and MBE particlpat10n 1n the City's purchaSlng program is also encouraged by local pol1t1cians. San Jose The Clty of San Jose establlshed a Contract Compllance Offlce through the passage of an ordlnance ~n 1970. ThlS office has developed a MBE D~rectory which ~ncludes small, minorlty and wo~en owned buslnesses. The Dlrector of the Contract Compllance Offlce stated that thelr ~BE partlcipatlon efforts have been informal 1n the past. Although ~lnorlty particlpatlon has not been a for~al part of hlS 24 ~ e progra~, he has concentrated efforts L~ this area w~th the asslstance of one other staff ~e~ber. Accord~ng to the Dlrector, the C~ty Councll has recognized the need to for~allze a ~BE program, and he wlll soon present a ~BE program with establlshed goals, to the Councll for the~r cons1derat1on. San Dle90 The C1ty of San D1ego establ1shed the Office of Small BUS1ness ASs1stance ~n 1977. The baslc goal of the program 15 to lncrease the a~ount of ~oney the City expends with ~lnorlty and Women Bus1ness Enterpr1ses. \Vhen the program began In 1978-79 the level of Clty spendlng wlth these k~nds of bUS1nesses stood at 2 1/2 percent. A goal of 10 percent was establlshed. At the end of that year, Clty expenditures with ~BE/WBE's stood at 8 percent. The goal was then ralsed to 15 percent where It has remalned s~nce that t1~e. In flscal year 1979-80, MBE and WBE flr~s were awarded $8,065,516 or 17 percent of the total dollar volume. The total amount spent in that year for the purchases of goods and serVlces, contracts and subcontracts for City construction proJects and other commerc1al deal1ngs was $47.8 ~ll110n. In flscal year 1980-81, a total of $46.3 ~llllon was expended in the purchases of goods and services, construct~on contracts and sub contracts. The goal for ~~nor~ty partlc~patlon in th~s program was $6.5 ~~ll~on or 15 percent for that year. Th~s goal was accompl~shed. The Dlrector of the Purchasing Department stated that the only problem they have encountered 25 . - w~th th~s progra~ ~s the verlflcatlon of the ~lnorlty status of vendors. The Small Bus~ness ?rogra~ also produces a ~BE Dlrectory. Th~s progra~ lS supported by the Dlrector and one ad~~nlstratLve staff person. Another progra~ thelr less for~al contractors/vendors Wh1Ch the Dlrector felt was noteworthy lS Affir~at1ve Act10n effort of reqU1rlng to lnclude Afflr~atlve Action Progra~s 1n thelr own personnel strUcture. It 1S the POllCY of the Purchaslng Department that a vendor ~ust sub~it an acceptable Afflr~atLve Act~on Progra~ before they can be consldered to be a responslble b~dder for contracts over $10,000. Whlle basic purchaslng tenets are stlll the prlnclpal gUldellnes ln the selectlon of a vendor (lowest bldder usually chosen), If the lowest bidder does not have an Afflr~atlve Actlon Program, they are usually requlred to agree to Afflr~atlve Actlon compllance prlor to award of a contract and generally provlded a year to show progress. If the vendor has not co~plled, or shown good faith efforts, they are not usually consldered responsible bldders for future dealings wlth the Clty. Afflr~ative Action goals are based upon census flgures and reflect the populatlon composition of the Clty of San Diego. State of Californla The State of Callfornia, Department of General Servlces, ad~lnlsters a five percent Bld Preference Program for s~all 26 " - e OUS1~esses through the1r S~all BUS1ness Off1ce as well as a ~1nor1ty Bus1ness Enterpr1se Program through tne Offlce of ~lnorlty BUSlness Enterprlse (CAL-O~BE). The flve percent Bld Preference Program was ~andated by the State legls1ature 1n January 1974 to help small bUslnesses develop and become ~ore competltlve. To be consldered a responslble bldder, a business must be prequallfled and certlfled as a small bU51ness accord1ng to regulatlons deflned by the department. F1ve percent of the old lS computed and then the amount of the b1d lS reduced by that amount for purposes of tabulat1ng the low bld. The contract is awarded for the actual amount of the orlg1nal bid. Once a flrm lS certlfied, It 15 lncluded on a listing sent to departments throughout the State. The program funct10ns of CAL-OMBE are: to expand procurement and contract1ng oppor~unities for ~inorlties and women owned bUSlnesses Who wlsh to particlpate 1n the State's purchaslng system; to work wlth State agencies 10 asslsting the~ to ldent1fy buslness resources, establlsh POllCY, and 1mplement an open and equltable purchasing system. The State has not establ1shed speclf1c goals for th1S program. CAL-OMBE also maintains a statew1de d1rectory Wh1ch 15 distrlbuted to lndlvldual State departments. Staff lndicated that the Small Business Preference Program has generally been very successful. In 1980-81, approximately 27 ~ e $15 - $20 ~ill1on was spent 1~ the area of construct~on. The B~d Preference Program played a part approxl~ately 20 percent of the t Ene. Durlng thlS same per1od, approxl~ately $100 ~llllon was spent for com~odlties. The preference program cost the State approxl~ately $400,000-$500,000. Staff also stated that 1t has been the~r exper~ence that co~pet~t~on In the blddlng process has lncreased as a result of the preference progra~ and that ~any of the s~all businesses were also ~lnorlty buslnesses. Speclfic data from Cal-OMBE was not avallable. A Survey of MBE Programs ln Other Pub11C Agenc1es Flna1ly, a local vendor preference survey of other Ca11fornla publlC agencles conducted by the City of Oakland In July 1982 provlded the followlng summary information: Local Local ~lnorlty Agency Vendor Vendor Authorlty Com'llents Berkeley 3% 4% None Reco'lt"Tlendatlon to City Manager 10/5/82 San Leandro 5% None Charter Use only for 1978 $1,000 to $5,000 CJ..ty of 5% ;:.:Tone Charter Councl1 recommends Alameda 1930 use Eureka 5% None Charter Except Servlces 1959 *Long Beach 1% ~one Charter Tax rebate *Pasadena 1% None Resolutlon Tax rebate *City of 1% ~one Department Tax rebate San Dlego POI1CY *Orange 1% None Charter Tax rebate *Santa Monlca 1% None Charter Tax rebate *West Covina 1% None Charter Tax rebate *San Jose .9% !.'lone Departrnent I'ax rebate Policy Baldwln Park None None In reVlew - C~ ty Manager considerlng San Mateo Co. None None City and County San Franclsco None )lone 28 ", ~ It Alameda County None ::;rone Oakland PubllC Schools ~one None Clakland Houslng Authorlty None None San FranC1SCO Houslng None None Authorlty Port of Oakland None None AC Trans1t None :::rone Bay Area Rapld l'ransl.t None ~one East Bay Water ::Jlstrlct None None Hayward ::;rone None Emeryvl.lle None None L.A. School District None None L.A. County None None City of None None Santa Barbara South San Francl.sco None None *Notation: ~he one and.9 percent local vendor preference 'l1.echanl.s'l1. 1ndl.cated for several clties 15 a local sales tax rebate. If two vendors sub~l.t 1.dentlcal low bids and one vendor is located withlu the City Ilmits, then the contract l5 generally awarded to the local vendor because the net cost of thlS contract 1.S the lowest cost to the City. VII. CONSTRAI~TS/pARA~ETERS In cons1.derl.ng the development of a more for~alized Afflrmatlve Actl.on procurement program for Santa ~onica, legal parameters and constraints should be carefully revlewed and dlscussed. Good purchaslng princl.ples requlre the development of falr, competl.tive lnformal and formal bl.d processes. Exceptl.ons to these processes should be equl.tably and openly defined and ad'l1.in1stered (i.e. sole source, professl.onal contracts, emergency purchases, waivl.ng of bl.d bond requl.re'l1.ents). Effectl.ve 29 - e purchasing pract1ces should 1nsure that the acqu1s1t1on of a serVlce, supplles, or equ1p~ent 15 ~ade fro~ a respons1ble bldder at the lowest and best b1d to lnsure that a h1gh qual1ty of serVlce 1S obtalned for the Clty. One of our flndlngs early In the process of researching thlS subJect was the lack of any cons1stent, generally accepted ~eans of enhanclng afflr~atlve actlon procurement efforts a~ong varlOUS agency legal staffs. Staff fro~ Santa Mon1ca Clty Attorney's Offlce have been consulted regardlng various approaches and shared concerns addressed by other legal counsels. They have, however, provlded so~e pre11mlnary gUldance and co~~ents WhlCh are lncorporated 1n thls dlScuss1on. In general, the City Attorney's staff has advlsed that any established goals ~ust have a logical relatlonship wlth the ~eans to reach them. While efforts to rectlfy past discrl~inatlon ~ay be acceptable, they cautioned aga1nst adopt1on of any progra~ Wh1Ch ~lght have antl-trust lmpllcatlons. B1dd1ng preference ~echanisms should be very carefully revlewed. Whereas legal oplnions have been rendered in other Jur1sdictlons allow1ng the appllcat10n of a f1ve percent preference for~ula for small local bus1nesses, legal oplnlons have also pointed out that g1ving a preference to vendors on the baS1S of race or ethnlc background ~ay be a den1al of the due process provlsions of the Flfth A~end~ent of the U.S. Const1tutlon. In addlt1on, Santa ~on1ca's C1ty Attorney's staff 30 e It felt that any geographlc preferenClng of an area less than Los Angeles County ~lght be questlonable. Opinlon number 77-8 issued by the Offlce of the Clty Attorney In Los Angeles stated the followlng w1th regard to that C1ty'S preferenclng of small, local bus1nesses: "Here, however, the flve percent preference for small local businesses would not proh1bit any contractor fro~ sUb~lttlng a b1d. Rather, the proposal w111 encourage a greater nu~ber of contractors to SUb~lt b1ds than rnlght be the case w1thout ~hlS program. The award of such a contract would be ~de to the lowest small local bUSlness whose bid, 1f not actually the lowest of all blds, is not more than flve percent above the bid of a contractor Who is not a small local buslness. Providlng a slight advantage to small bUSlnesses to compete wlth larger contractors for quallfying City contracts should stlmulate competltlon by encouraging more buslnesses to submlt bids." "Set Aside" programs 'l1ay also pose some legal problems 1.n that they restrlct blddlng and prohiblt certaln contractors from submitt1.ng blds. These actions could be lnterpreted as restrlcting free enterprlse. Recently, 1n an Alabama court case, the State Supreme Court declared that a "Set AS1de" program 1n a Clty in Alabama was 1n vlolat1on of the U.S. Constltution. ~eans of addresslng the co~positlon of an employer's workforce were also discussed wlth City Attorney's staff. While it may be posslble to lmplement a for~ of Affir~at1ve Act10n 31 e e report~ng syste~ on so~e contracts, lt was not felt to be feaSlble to cons~der restr~ct~ons or require~ents for an e~ployee to h~re local resldents or other targeted types of employees. Further, lt was not felt that requ~rement of unlon ~e~bersh1p on the part of a vendor's workforce was posslble. ~~ ~~ should be noted that we were unable to locate any agency Wh1Ch had l~ple~ented a program relat1ng to un~on affil1at1on as part of an ~BE effort. The program wh~ch per~pherally addresses th~s lssue 15 the preva~llng wage requlrement 1n ~any constructLon contracts. One of the prlnclpal reasons identlrled for absence of targetlng unlon1zed employers 15 that lt can exclude s~all ~lnor~ty owned flrms. OPTIONS/LEVELS OF INVOLVEMENT VarlOus levels of lnvolvement are poss1ble In the City's effort to atta1n greater aff1rmat1ve actlon 1n the areas of purchaslng supplies and equ1p~ent, cap1tal lmprove~ents, and profess1onal services. Some of the many optlons that are available are summarlzed 1n thlS sectlon. 1. Outreach and Networking - Durlng our reV1ew of purchasing and contract1ng procedures within the C1ty and dlSCUSSlons wlth staff, lt became apparent that outreach to local, small, mlnor~ty and women owned bUS1nesses 15 d1SJointed and sporadic. 32 e e Outreach can occur ~~ var~ous for~s. One poss~b~l~ty would be for the C~ty to sponsor procure~ent se~~nars to prov~de information to the publlC on the competltive biddlng process and purchas~ng procedures. These sem~nars could be publ~c1zed ~n local papers, trade bulletlns, bll~ngual papers and announce~ents posted throughout the co~~un~ty. Staff should be available at these se~~nars to provlde technlcal asslstance and ~nfor~at~on on future needs for proJects, suppl~es and equ1pment. Another form of outreach would be to estab11sh for~al relat~onshlps with S~all and Mlnor~ty BUSlness Clear~nghouses. These organ~zatlons eXlst in northern and southern California to connect the consultant/vendor with the buyer as well as provide support to fir~s to enable them to partlclpate more act~vely ~n the bidd~ng process. Some of these organ~zat1ons are descr1bed 1n the accompanY1ng appendices. The use of these networklng approaches would not requ1re any changes 1n present ordinances and would certainly expand the City's outreach efforts. 2. Compilatlon of ~BE Directorles and EXFanslon of Santa Mon~ca's M~nority Vendors L~st Var~ous types of contracts and purchase orders are s~gned al~ost da1ly throughout the C~ty. However, affir~at~ve actlon consideratlons ~n dec1s1on-~ak~ng have occurred on a lim1ted bas1s. 33 e e The Purchas~ng Department, as was ~ent~oned earl~er, has a report~ng system ~n place WhlCh ~dent~f~es ~~nor~ty and women vendors that the C~ty has done bus~ness ~ith. Th~s l~st as well as other ~BE!WBE d~rector~es could be used by departments to a greater degree in ~dentlfy~ng small, local, ~lnority and fe~le owned buslnesses when purchasing suppl~es, serv~ces and equ~pment. Updates could eas~ly be lncorporated ~nto th~s sytem and could be d~str~buted on a perlodic bas~s to departments. Departments us~ng buslnesses ~dentif~ed in the report could be requested to report their satisfaction or dlssat~sfact~on wlth the serv~ces recelved. Th~s w~ll help ~nsure that services provided to the C~ty are of a quality nature and ass~st in the ~on~tor~ng effort. 3. Affir~ative Act~on Plans Aff~r~at~ve Action Plan requ~re~ents could be implemented for selected construction and profess~onal serv~ce contracts. An Aff~r~at~ve Act~on Plan could be requlred for a f~r~ to be considered a responsible bidder on proJects ~n excess of a certain dollar amount. VarlOUS options could be set forth in the spec~f~cat~ons to enable a contractor to ~eet the Clty'S Aff~rmative Action requlre~ents. An example of th~s concept is that profess~onal serv~ces or other contracts awarded to ~aJor flrms could accept assignment of women or ~inority employees to the part~cular proJect as be~ng a good fa~th aff2r~atlve action effort. 34 e e 4. Establ~sh~ent of Goals The establish~ent of targets should eventually be part of the C~ty's Aff~r~at~ve Act~on proc~re~ent efforts. Factors that should be cons~dered ~n establlsh~ng goals ~~clude the number of small, female and ~inor~ty owned bUs~nesse5 ~n the area and the~r ability to prov~de the specif~c serv~ces needed. Populatlon data should also be taken into account. The establ~shment of goals ~dentlf~es a POllCY ob)ect~ve and encourages staff to be conscient~ous ~n their affirmative action efforts. 5. Set Aside Pro9ram A "Set As~de" Program would ldentlfy spec~f~c proJects and comrnod~t~es which are to be reserved for b~dding only by selected bus~ness enterpr~ses. The deter>n~nat~on of wIn.ch proJects would be "set aside" would be based upon the ava~labllity of compet~t~on among small ~~nor1ty contractors and the ava~lab~llty of contractors be~ng able to provide the spec~fic serv~ces required. Of all options explored to date, a set aside program appears to entail the ~ost co~plex legal quest~ons - antl-trust concerns belng not the least of them. 6. Wa~v~ns or Lowerins of Bond Requ~rements Another tool used to encourage s~allr m~norlty and female owned businesses to bld for contracts 25 to wa~ve or lower bid bond requ~rements. ~inority enterpr~ses, because of l~m~ted 35 It tit track records, and small Job exper~ence often find Lt d~ff~cult to secure a b~d bond. Th~s requ~rement has been successfully wa~ved by other cLtLes when Lt has been deter~ined that Lt was not absolutely necessary for the CLty'S protectLon or when alternatlve ~eans of protectLng the City could be e~ployed. Santa ~onica has recently begun to use thLS tool to encourage ~LnorLty partlcipatLon in purchas2ng. Performance bond requ2rements ffilght also be reviewed for posslble ~odlficatlon. 7. Preference Preferenclng progra~s can be very helpful Ln increasing the number of small and mlnorlty businesses partlclpatlng in the biddlng process. As was dlscussed earlier, both the citLes of Los Angeles and Oakland have employed "Preference Programs" for small and/or 'TILnorLty bUSlnesses. Under preference programs, a certa~n percentage 15 deducted from a vendor's bld for tabulatlon purposes. However, contracts are awarded for the full amount of the bid. A five percent preference 1S a commonly used factor. In L~lementing ensure that posslble under the 14th and such programs, care should be taken to vlolation of the due process provLSlons 5th Amendments of the Constitution of the UnLted States does not occur. As wlth a set-aslde program, legal advlce on specLflc parameters of a proposed program would be necessary prlor to further consLderatlon. 36 e e 8. Eliglhlllty of Fir~s Another tool that Santa ~onlca ~ay wish to conslder lmplementlng is the use of screenlng references such as the Debarred, Suspended, Inellglble and Contractors and Grantees 11St publlshed by ilie U.S. Department of Housing and Urban to whether other Develop~ent. Inquirles are belng ~ade agencles publlSh sl~ilar llstS. as It wlll also be lmportant to develop mechanlsms to verlfy bonaflde minority and women-owned flrms. Criterla could lnclude: tlme in buslness; contrlbution of tlme or capltal of ~inorlty/women owners; role in ~anagement; and share of risks and/or proflt. 9. Pa~ent Schedules Flnally, the Clty could use the optlon of provlding an advance payment schedule for small mlnorlty and female owned buslnesses to ease cash flow problems. Information that thlS optlon eXlsts could be provided by staff at procurement seminars sponsored by the Clty or be included wlth the specificatlons. RECOMMENDATIONS The followlng recommendations are based upon lnterVlews wlth City offlclals and other indlvlduals knowledgeable about ~inority Buslnes5 Enterprlse (~BE) programs, as well as an analysls of Santa Monica's current efforts and capabllitles. Slnce thlS is an extremely complex undertaking, we are recommending an 37 , . . e e 1ncre~ental 1~ple~entat1on approach. The progra~ should be developed and ~~ple~ented uneer the d~rect~on and support of staff fro~ the C1ty Manager's Off1ce, Personnel, Purchas1ng and General Serv~ces. Per~od~c reV1ew and co~ents by the C1ty Counc1l, Women's Commission and other bus1ness and com~un1ty organizat1ons w1ll also be 1~portant 1n ref1n~ng program components. The recom~endat10ns place emphas1s on capaC1ty build~ng act~v1ties for the f1rst year. The activities out11ned below are proposed to be undertaken by ex~st1ng staff w1th an assessment of progress and obJect~ve setting for 1983-84 to take place dur1ng the budget d~scussions. 1) The fundamental component of any aff1rmative action effort 1S the ab11ity to collect, retr1eve and analyze stat1stical performance data. W1thout accurate 1nformat~on, realist~c goals cannot be estab1~shed nor performance ~onitored. At th~s t~~e, the City's capabi11ty to gather 1nformat~on and comp11e a data base 15 extremely lim1ted and incons1stenc1es have even been 1denf1t1ed 1n the eX1st1ng report1ng mechan1sms. As a first step, ~t 1S recommended that the data base be expanded to include information on: the names of minor1ty and women vendors; type of serv~ces provided; number of purchase orders and/or contracts 1ssued to these f1rms; and dollar amounts. Th~s inforrnat1on should include open purchase orders and be d~vided into the three ~aJor areas we expend monies ~n: supplies and equ1pment, capital construct~on and professional 38 e e serVlces. Development of regular quarterly reportlng procedures and a ~onltorlng system by Purchas~ng, General Servlces and other key departments should be part of the overall system. ~anage~ent Services wlll take the lead 1n l~plementlng th1S recom~endatlon w1th staff support provided by the depart~ents of Personnel, Purchaslng, General SerVlces and Data Processlng. After the lnit1al system development, staff support required would be m1nl~al and the informatlon retrleved would be lnvaluable for reportlng, ~onitorlng and goal settlng purposes. ThlS system should be developed and operatlng by the end of 1983. 2} It 25 lncumbent upon the City to make greater efforts to prov1de opportunltles for mlnorities and wo~en to partlclpate 2n the C1ty'S procurement and contractlng systems. Therefore, It is recommended that outreach be greatly expanded as part of the overall capacity bUlld1ng effort. Aggressive outreach is an essent1al component to any successful afflrmatlve actlon program. The C1ty'S outreach program wl1l be expanded through lmplementation of the followlng activltles: a. Information dlsseminated to on the Clty's ~BE department heads Program wl1l be and the pUblic. Representatlves fro~ the C1ty Manager's Offlce, Personnel, Purchas~ng and General Services will not only be actively ~nvo1ved 1n the development of systems and procedures as described In recomrnendatlon No.1, but staff may 1ndlvidually or collectively pro~ote, publlclze and seek suggestlons for the Clty'S ~BE program through 39 e e presentatlons to staff, boards, com~lSS10ns and com~unlty groups. Outreach will lnclude develop~ent of a brochure to be used as a tool for thlS actlvlty. ThlS brochure w~ll be developed wlth the assistance of the Public Infor~atlon Offlcer and scheduled for completion by the end of the second quarter In 1983. b. developed for the For~al and lnfor~al relatlonshlps wlll be with those organlzatlons WhlCh are established purpose of provldlng technlcal asslstance and lnfor~atlon to small, ~lnor2ty and women owned buslnesses, and that act as inter~edlarles 2n connecting the vendor and the buyer. ThlS will provlde the City wlth access to several thousands of ~inorlty/women owned businesses in the area that prov1de a variety of goods and serVlces, as well as an lnvaluable technlca1 resource 1n contlnulng the develop~ent of an expanded MBE program. Contacts will be establlshed with a mlnlmum of four organizat1ons by the end or the flrst quarter 1n 1983. The Purchaslng Depart~ent wlll take the staff responsibll1ty In this area. c. Lists of s~all ~lnorlty and women owned constructlon businesses will be ~ade aval1able to fir~s that the City awards signiflcant contracts to, so that these bUSlnesses ~ay be provided the opportunity to SOllcit subcontracts fro~ the s~aller fir~s. The list developed by the State of California, Department of 40 e . Transportat~on wl11 be d~sse~~nated to depart~ent heads by the end of the second quarter in 1983. d. The posslbl1lty of settlng up booths at Business Trade Fairs wl11 be explored and a reco~endatlon ~ade by August 1983. ~h~s recom~endatlon is dependent upon whether or not BUSlness Trade Falrs wlll be sponsored In the surroundlng area durlng flsca1 year 1983-84. The Purchas~ng Department wll1 take staff responslb1l1ty for this recom~endatlon. e. It lS recom~ended that seml-annual se~lnars be by the Clty to prov1de lnfor~atlon on the co~pet1tlve b1d process and procure~ent sponsored Clty'S procedures. It would be approprlate to provlde lnfor~at1on on the possibillties of advance payment schedules and the lowering or waiv1ng of bld bond requlrements for ~BE's/WBE'S at these semlnars. LlstS of organlzatlons that provlde techn1cal and bonding ass1stance wl11 also be made aval1able to those business enterprises des1rlng to partlc1pate 1n the City's procurement and contract1ng programs, but requlr1ng asslstance to compete succesfully. These semlnars should be well planned, organlzed and publiclzed wlth announce~ents placed 1n the local papers, w1th co~~un1ty organizatlons, bl1~ngual newspapers, trade publicatlons and on local radlo stat1ons. The Purchas1ng Department will take the lead in lrnplementing thlS reco~~endatlon 41 - e wlth staff support provlded by other ~e~bers of the Afflr~atlve Act~on 1n Purchaslng team. Plannlng for these semlnars should begin now to ensure that two are held In flscal year 1983-84. Neighbor2ng cit2es should be contacted to explore the posslbllity of co-sponsorlng such se~lnars. f. All depart~ents should be requlred to SOllCit clds fro~ the ~inorlty vendors list when purchaslng supplies on an 1nfor~al basis. The Purchaslng Department wlll provlde lead staff respons1b1l1ty for expans1on, updat1ng and d1ssem1nat1on of the ~lnorlty Vendors List to departments. g. It 15 also recommended that depart~ent5 be requ1red to utll1ze the Ilbrary of MBE dlrectorles located 1n the Purchaslng Department. This collectlon contains lnforl1lation on 5uppl1e5 and equipment and professional services offered by women and ~inority owned bUSlne5S enterprlses. A llstlng of the dlrectorles and a brief descrlptlon will be developed and distrlbuted, wlth se~i-annual updates. to Department Heads by the Purchaslng Department. 3) It 15 recommended that an Admlnistratlve for selectlon of professlonal services be developed. Thls instruction wlll establ1sh and cr1terla to be cons2dered 1n the Instructlon provlders gU2del1nes consultant select10n process. Afflrmatl.Ve actlon 42 . . ccns~derat~ons will be ~ncluded ~n the pol~cy. ~anage~ent Services is currently prepar~ng a draft of the instruction for reV1ew. Th~s draft wlll be co~pleted by the end of February, 1983. 4) A sMall but s~gnif~cant change would be the additlon of the worj 'women' to the Clty'S ~lnority Business Enterprise (~BE) program tltle. The progra~ t~tle could be Wo~en and ~inorlty Business Enterprlse Program (\VMBE). 5) It lS recommended that consideration be g1ven to reqUlrlng that all capltal construction contracts conta~n speclflc ~BE requlrements when they exceed $200,000. Speciflc provls1ons and quantif1able goals should be developed and reco~ended by approprlate department heads. It ~s recommended that the folloWlng criterla be consldered 1n the development of program obJect~ves and goals. ThlS criteria seems to be the ~ost frequently used by other citles that have i~le~ented for~al MBE/WBE programs. a. The level of particlpatlon by women and ~lnority bUslness enterprlses on past contracts awarded by the City which have contalned WBE/MBE requ1rements; b. The level of partlcipatlon by WBE!MBE on contracts awarded by other governmental agencles ~n the 43 e e Los Angeles County area WhlCh have ut1l1zed WBE/st~BE's requ1rements: and c. The ava~lab111ty of WBE'/~BE'S WhlCh are capable of provldlng the goods and SerV1ces needed by the C1ty. If a proJect 1S slgn1flcant, and subcontracts are antlclpated, the prlme contractor could be requested as a WBE/MBE requlre~ent, to deter~lne what types of work actlvltles wl11 be subcontracted. Once that deter~lnation 1S ~ade a goal for WBE/MBE particlpatlon could be establlshed u51ng the above criter1a. (The ~ethodology utl11zed by the State Depart~ent of Transportatlon to deter~lne MBE partlclpation 15 the same as that described 1n the precedlng re~arks.) In developlng these provls10ns, an underlying assu~tion should be to provlde as ~any optlons as posslble for contractors to ~eet affir~at1ve actlon crlterla. Staff from the Clty Attorney's Office lndlcate that the ~ore flexlble requlre~ents are, the more defenslble they are. ThlS reco~endat1on should be implemented durlng flscal year 1983-84. 6) It 1S reco~mended that the followlng afflr~at1ve action steps should be required of all departments 10 contracting for goods and serVlces. 44 \ .' e e a. Include qual~f~ed women and ~~nority bus~nesses on sol~c~tat~on lists; b. Assure that women and ~lnor~ty bus~nesses are Sollc~ted Whenever they are potentlal sources; c. If subcontracts are to be lssued, then the prlme contractor be required to adhere to the affir~atlve act~on steps described ln the preced~ng sect~ons. These lncorporated afflr'llatlve aCtl0n steps should be ln the City's purchaslng procedure, Communlty Development Block Grants, contracts by the end of 1983. and construct~on 7) The use of sanct~ons should be considered as part of the City's Affirmatlve Actlon Program. As the contract award~ng authority, the Clty should have the ablllty to l~pose sanct~ons or take such other actlons as are necessary to ensure compliance wlth the afflr~ative act~on provls1ons of a contract. These sanctions could include, but not be limited to: a. refusal to award a contract; b. wlthholdlng of funds; c. recision of a contract based upon a ~aterial breach of contract provislons pertain~ng to the utillzatlon of WBE's and MBE's: and 45 \ . e e. disqual1f1cat1on of a contractor, subcontractor. or other buslness fro~ el1g1bllity for provlding goods or serV1ces to the C1ty for a per10d not to exceed two years. Speclflc sanct10ns can be deter~lned wlth counsel fro~ the C1ty Attorney's Office. Th~s reco~endation lS complex and requ1res ~he 1nterfac1ng of several departments, because of th1S, the lead should be taken by the Clty ~anager's off1ce. A reco~~ended approach should be presented by the end of 1983. 8) It 15 recom~ended that the current ~BE goals for purchaslng suppl1es and equlpment fro~ ~lnority vendors be revlewed. The City's progress ln thlS area should be revlewed and the goals potentially revlsed durlng the budget development process. The followlng cr1terla should be conS1dered: a. the level of partlcipatlon of WBE's and MBE's s~nce the C1ty'S MBE program was adopted~ b. the level of partic1pat1on of WBE's/MBE's in other ~BE progra~s ln the Los Angeles County area~ and c. the availability of WBE's!MBE's WhlCh are capable of provldlng the goods and serVlces needed by the C~ty. The affidav1t form currently used and ver1flcatlon efforts should also be revlewed. Informatlon on 46 , , e e ver~f~cat1on and how to evaluate bona f~de MBE status has been obta1ned fro~ other c1t1es and the U.S. Department of Commerce. This ~nfor~ation should be cons1dered 1n the reV1ew. 9) It has been suggested that we explore the poss1b1l1ty of encourag1ng or g1vlng prlorlty to unionized e~ployers as part of an aff1r~at~ve actlon procurement progra~. Hav~ng d~scussed earlier the legal constra1nts and the potent1al conflict wlth lncreased partlc1pation by ~BE'S and WBE's ~n our procure~ent and contract1ng syste~s, 1t 18 recommended that we cont1nue the adopted pol1cy of pay~ent of prevailing wages on construction projects. and pursue the concept of notlfY1ng appropriate un10ns of large proJects or purchases pending award of a contract. It lS further reco~~ended that if a ~lnor1ty or women-owned business lS not ava1lable to prov1de goods or serV1ces for a spec1f1c need and a union wage e~ployer is, then these employers should be so11c1ted. Purchas1ng princ1ples should st1ll apply and the best and lowest b1dder would be awarded the contract. It 1S also possible as a ~atter of personal preference for Counc1l~e~bers and other appo1nted officials to specify a desire for un1on-affil1ated compan1es to bid on small purchses below the current $250 compet1t1ve bidd1ng limit. 47 e e 10) F~nallYI 1t has been suggested that we explore ~~posit1on of aff1r~at1ve act10n criter1a 1~ the C1ty'S development agreements. Pre11m1nary d1scuss1ons w1th the C1ty Attorney's off1ce and the D1rector of Com~unlty and Econo~lc Develop~ent further explorat1on, port1on of proJects. have prov1ded part1cularly in some p01~ts for the construct1on CONCLUSION Numerous opt1ons and act1v1t1es have been presented for conSlderat1on in the C1ty'S efforts to provide expanded opportunities for bUS1nesses to partic1pate in the b1dd1ng process for purchasing, cap1tal construct1on proJects and professional serv~ces contracts w1th the C1ty. An incremental approach has been suggested based on current capabilities of the organ1zation. Capac1ty buildlng act1v1ties have been stressed for the first year. Staff intends to encourage and S011C1t continu1ug publlC dlScussion on thlS subJect In the ~onths to corne to a1d in the program development process. ~ore speclfic dlScusslon of staff and ~onetary 1mpacts of 1ncreaslng emphasls 1n thlS program area w11l occur dur1ng the 1983-84 budget reV1ew. In sum~ary, any program that is developed should differentiate between the areas of purchasing, capital construction and profess10nal services. Not only do ~unlc1pal Code requ1re~ents vary in each category, but 48 e e the nu~ber of ~~nor~ty and women owned bus~nesses var~es ~n each area and theLr abilLty to provLde the specLfLc serVlces needed could also vary. Although preference and set aside progra~s should not be dlscounted for the future, the need to bUlld our capabilltLes, establlsh a data base and lmplement aggressive and effective outreach and networking progra~ is ~ore lm~ediate and will asslst the Clty In deter~lnlng the effectlveness of lts afflr~ative actlon efforts and potential areas for future POllCY decisions. Flnally, It 15 reco~~ended that the action steps included In this report be approved by the Clty Council so that it is a clearly expressed C~ty policy to ~ake avallable every opportunlty for all bUSlnesses to participate In the C~ty's procure~ent and contractlng systems. As future components of the program are developed, further Councll action will be recom~ended, as approprlate. 49 ., e tit APPENDIX I T~BE RESOURCES AND I~FOm1ATION 1. BUS1ness Develop~ent Center of Southern Cal1forn1a, 2651 South Western Avenue, S1te 300, Los Angeles, CA 90018, ~r. Cleveland Neil, 213/731-2131. Th1S f1r~ prov1des ~arketlng ass1stance, explores cap1tal opportun1t~es and aids in contract procurement for ~lnority bus1nesses. It also ~a1nta1ns a 11sting of over 400 ~lnor1ty f1r~s 1n the area. Th1s listlng lS not for publlC distrlbutlon. However, they ~ay be called with a descriptlon of our needs and other pertlnent infor~at1on. In return, they alert and provlde this 1nfor~atlon to their appropriate cllents who ~ay be able to prov1de the serVlce. Their 11st1ng includes a wide variety of services. 2. Hawklns/Mark-Tell, P.O. Box 31, 617 Veterans Blvd., SUlte 107, Redwood Clty, CA 94064, Ms. ~onica Susko, 415/365-1588. Th1S flr~ provides ~arket1ng research service to professional consulting fir~s in the areas of archltecture, zoology, environ~ental SClences, plannlng, engineerlng, landscape archltecture and simllar fields. Hawklns/~ark-Tell"s baS1C serVlce is to act as "eyes and ears" for its clients. identifying new proJects that ~ay provlde opportunitles for consultant serVlces. They ~y be provlded with a descrlptlon of agency needs and other pertlnent informatlon and act as an 50 " e It intermed~ary between the~r client and the ent~ty need~ng the serVlce. They w~ll also hlghlight an agency's ~nterest ~n recelvlng proposals fro~ ~lnorlty and women-owned flr~s 10 thelr perlodlc publlcations. 3 . Cardinal Bl vd. , I'akeda, :1anagelilent Su~te 1016, Los 213/385-1335. AssOclates, Inc. , 2500 ~'l11shlre Kenneth Angeles, CA 90057, Mr. ThlS flr~ provldes ~arketing asslstance to ~inor1ty businesses. They ~alntain a 11stlng of a wlde variety of businesses in the area. They ~ay be called with a descriptlon of our needs and other pertlnent infor~atlon and they act as an 1nter~ediary between their cllent and the organizatlon needlng the service. 4. Southern Callfornla Regional ~inor~ty Purchas1ns Council, 650 South Sprlng St., SUlte 1209, Los Angeles, CA 90014, Mr. Hollis Slilith, 213/622-6123. The Councl1 funct10ns as a lilatchmaker between the buyer and ~lnority vendor. They have identlfled a data base of 1,900 Southern California ~inority firlilS. Upon request, they can provide lnfor~ation about prospectlve ~inority supp11ers. The Councl1 prov~des assistance to ~~norlty owned companles to enable them to better compete 1n the lilarketplace. They also ~anage a Minorlty BUSlness Opportunity Day Where lila]Or flrlils' buyers have an opportunlty to ~eet qualifled ~lnority vendors. 51 , , e e 5. UlDA, 1541 W~lsh~re Blvd., Su~te 307, Los Angeles, CA 90017, ~r. Steven Sta~l~ngs, 213/483-1460. A statew1de bus~ness develop~ent center for lnd~an owned bus~ness. They ~y be called w1th a descript~on of our needs and other pert~nent ~nfor~at~on and they act as an ~n ternediary . They ~a1nta~n a 11st1ng of approxi~ately 200 bUS1nesses w~th e~phas1s 1n construct1on, ~anufacturlng, serV1ces, and suppl~es. The Center also offers ~anagement, financial and ~arketlng serv~ces to s~all Ind1an owned ousinesses. 6. M1nor1ty Contractors Assoc~at1on, 213/737-7952, Donald Colller or George Glass. Th~s associat1on 5pec~alizes 1n the area of construct~on and lncludes ~lnor1ty and fe~a1e owned bus1nesses in their l15t~ngs. They ~y be called w1th a descrlptlon of our needs and pert~nent lnfor~ation and wlll act as an inter~edlary between the1r ~e~bers and the organization need1ng thelr serv~ce. 7. Hlspanic Buslness and Professional Associatlon of Orange County, :-1 r . Ramon Najera, Pres1dent, 714/861-2453 or 2722. ThlS aSSoc1at1on is comprised of approxlmately 60 ~e~ers. The ~e~ership offers a wlde varlety of professional serV1ces. For a referral, the president may be contacted wlth a brief descriptlon of the Clty'S needs. 52 ~ e e '.' 8. Equ~ves~- 213/280-1143. Th~s ~~ck~ Brazee, ProJect Director, assoc~at~on ~s known as a Program Aanagement Center and serves as a representative of the U.S. Department of Transportat~on, Off~ce of Small D~sadvantaged Business Uti1izat~on. They prov~de ~nformat~on on procure~ent opportunit~es for ~BE'S/WBE's, provide ~BE's/WBE'S w~th techn~cal ass1stance and referrals and seek out and obta~n lnvitatlons for blds and requests for quotatlons from DOT grant reclplents. They may be used l~ the Clty's Caplta1 I~prove~ents program ~n ldent~fYlng ~lnorlty and women contractors. 53 ~ e e ~ APPENDIX II ~INORITY AND WO~EN OTNNED BUSINESS ENTERPRISES 1. Carranza Assoc~ates Inc., 3055 W~lsh~re Blvd., Su~te 830, Los Angeles, CA 90010, Daniel Perumean, Senior Account Execut~ve 213/385-3411. Th~s f~~ prov~des serv~ces ~n ~he following areas: print product~on, package development, ~ed~a placement, ~arket~ng, publlC relat~ons, broadcast product~on, print~ng. dlrect ~ail~ngs, promotlonal and business development. 2. Rls En91neerln9 Serv~ces Company, P.O. Box 3762, Alhambra, CA 91803, 213/283-4051, Ronald ~. Johnson. R/S Engineerlng Serv~ces Company provldes professlonal engineer~ng services In the area of stress analys~s, ther~al, hydraullc and dynamlc tranSlent analys~s, and p~pe support des~gn and analys~s. The company is set up to use Adlpipe, Nuplpe, P~pesd. Tr~flex, and Ansys computer {f~nite elements) programs. The englneers wlth the company are reglstered profess~onals and have a ~ln~mu~ of e~ght years experience in power plant, petroleu~ and petroche~lcal industrles. 3. J and Y Precls~on, 3025 Nebraska Ave., Santa ~onica, CA 90404, 213/828-2844, John Rodrlguez. The owner is a tool ~aker by trade and has owned a small ~achlne shop for three years. They provlde prototype, tooling, short product~on, Jig and fixture, and assembly department serv~ces. S4 ~ y e e 4. Falste~n and Connel1v Com~unicatlons, 11110 OhlO Ave., SUlte 202, Los Angeles, CA 90025, Sheryl Falsteln, Cathy Connelly, 213/478-0257. A full service publ1C relations flrrn, capable of developlng and l~plementlng publ1C lnfor~atlon and com~unity awareness ca~paigns, drlves, on-slte 11alson and publlclty programs, speclal event ~ndertaklngs fro~ coordlnatlon, and a varlety of fund ralslng plannlng to other related press servlces. 5. Bridges and Assoclates, 820 North Hollywood Way, Burbank, CA 91505 213/841-3373, Blll Bridges. An envlron~ental i~pact reVlew and planning consultant flr~. 6. Envlronrnenta1 Horizons, Inc., 919 E. Grand Ave., Escondldo, CA 92025, 714/741-5760, ~lchael Alberson (51 percent female owned). An envlronrnenta1 l~pact reVlew and plannlng consultant flr~. 7. Rennard, De1ahousle and Gault, 4929 Wilshire Blvd., #760, Los Angeles, CA 90010, 213/937-0855. An envlronmental lmpact review and plannlng consultant fir~. 8. The P1annln9 Group, 1728 Silver Lake Blvd., Los Angeles, CA 90026, 213/661-1185, Gene Grlgsby. An envlronmenta1 lmpact review and plannlng consultant flr~. 9. The S. W. Group, 11801~. Olympic Blvd., Los Angeles, CA 90064, 213/477-1901, Ken Watanabe. An envlronmental impact reVlew and plannlng consultant flr~. 55 ,. .. e e 10. Paclflc Plannln9 Groul?' P.O. Box 486, Idyl1wlld, CA 92349, 714/659-2229, Sandra H. Olinghouse. An urban plannlng, development, and envlronmental research consultlng f~r~. 11. Arch I For~, 1201 W. Fourth St., Los Angeles, CA 90017, 213/481-8378, ~asko BOlssonnault. A deslgn flr~ lnvo1ved ~n all aspects of facllltles program~lng, space plann~ng, and deslgn for co~ercial 1nter10rs. 12. Amerlcan Computer Industrles, 1436 Marcellna Ave., Torrance, CA 90501, 213/320-6014. A computer turn-key syste~ company Whlch represents and sells dlverse co~puter products. 56 { e e APPE::-IDIX III WMBE DIRECTORIES AVAILABLE I~ TgE PURCHASI~G DEPARTMENT 1. 1983 Dlrectory Or9anizatlons publ1shed by Counties Women's Yellow of Women's BUS1nesses and the Los Angeles and Orange Pages. A w1de var1ety of serv1ces and businesses are listed. 2. Southern Cal1fornla ReSlonal Purchas1ns Counc1l, Inc., A wide var1ety of serVlces and businesses are 11sted. Indexed by suppller or co~~odity needed. 3. Southern Cal1forn1a 1980 Minorlty Vendor Dlrectory, Clty of San Diego Offlce of Small Business Ass1stance. A wide var1ety of serVlces and businesses are listed. Many are in the Los Angeles area. Th1S 15 the ~ost recent edltion. 4. A Natlonal Dlrectory of Mlnorlty and Wo~en Owned Companles, publ1shed In 1981 by Source Publications, E~eryvl11e, CA. A wide variety of services, supplles and equip~ent are listed ranglng fro~ constructlon compan1es, ~anagement consultants, plumbers, prlnting to co~puters. This is the most recent editlon and should be used untll early 1983.- 57 . ~ . e 5. D1rectory of Mlnor1ty Buslnesses, released by the Small Buslness Ad~ln~stratlon. Current as of May, 1982. A wlde var1ety of products and prafesslonal services are l~sted. 6. 1982 Dlrectory of Black Des1sn F1r~s ln the West, published by the San FranC1SCO Redevelop~ent Agency. A 11sting of professional eng1neerlng, archltectural and plannlng services. 7. 1982 D1rectory of ~lnorlty BUSlness Enterprises, publ1shed by Nashvll1e, Tennessee. A wlde variety professlonal serVlces are 11sted. and Women Owned Concepts, Inc. of products and 8. CALTRANS, ~BE 11stlng of contractors. ThlS 11st 1S kept by the General Services Depart~ent. 9. Women In Business, publ1shed by Women In Business, Irv2ne, Cal1fornla. A wlde variety of products and profess1onal serV1ces are 12sted. 10. Minority BUS1ness Dlrectory, Orange 1982, Orange County Reglonal Purchaslng Counc1l. varlety of goods and serVlces are l2sted. County, A wlde 58 , ~ ...IA ...l .. . . .l\PPENDIX IV ORGk~IZATIONS AVAILABLE TO ASSIST w~BE'S 1. Bus1ness 0eve1oF~ent Center, see Appendix I 2. Cardlnal Y1.anage~ent ASSOc1ates, Inc - see Append1x I 3. Los An~e1es Re~lonal )'11non.ty Purchaslng Counc1l, see Append1x I 4. BU11ders ~utual Surety Company, 1545 ~,yilsh1re Blvd., SU1te 516, Los Angeles, CA 90017, 213/413-5330. The cornpany aSs1sts ~1nor1ty bus1ness 1n securlng necessary bond1ng. 5. Operat1on Second Chance, 314 W. Second St., SU1te l, San Bernadino, CA 92401, 714/884-8764. Loan packaging, management and techn1cal assistance to mlnority bU51nesses. 6. PASS (SBA's Procurernent Automated Source Sys tern) . S~a11 bus1nesses desiring to do business w1th the government should call 213/688-2946. If a bUS1ness 1S ellg1ble, they are placed onto SBA's small bUs1ness data bank so that they are access1b1e to government agencies. 7. Equivest - see Append1x I. 59