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SR 10-27-1981 9B e . GS:SES:KS Santa Monica, California, October 23, 1981 '2-t7S-t!)OZ~2 q--.13 TO: Mayor and City Council GC12 7 \981 FROM: City Staff Subject: Santa Monica Minority Business Enterprise Program Introduction This report transmits information on recent changes in Federal Rules and Regulations and recommends that the City of Santa Monica adopt a Minority Business Enterprise Program in order to maintain a continued e 1 i g i b il i ty for federal financial assistance. Background The United States Department of Transportation, under adopted policy changes effective July 1, 1981, requires that all local agencies receiving more than $100,000 per year, or per project, in Federal Highway Administration (FHWA) funds, or receiving more than $500,000 per year in Urban Mass Transportation Administration (UMTA) Funds, must adopt a Minority Business Enterprlse (MBE) Program. The MBE Program adopted by any city must contain those elements specified by pertinent Federal Rules and Regulations in order for the city to be eligible to continue to receive Federal funds allocated by the United States Department of Transportation. 9-/3 1 Gel 2 7 j981 e e Santa Monica, California, October 23, 1981 GS:SES:KS In the General Services Department, certain proposed projects are dependent upon receipt of Federal funds. These include the reconstruction of Wilshire Boulevard between Ocean Avenue and 21st Street and the installation of new traffic signals and the upgrading of existing systems at Colorado Avenue and Ocean Avenue; Ocean Avenue and State Highway 163; Ocean Park Boulevard and 25th Street; Ocean Park Boulevard and 21st Street and Arizona Avenue and 26th Street. The Transportation Department also depends upon Federal funds to assist in the funding of capital expenditures as well as to support its day-to-day operation. For the year 1981-1982, there is currently allocated to the City of Santa Monica 1.574 million dollars in Federal Highway funds. Pending appropriation, it is anticipated these funds will become available on January 15, 1982. Recommendation It is recommended that the City Council adopt the attached Resolution adopting the proposed City of Santa Manica MBE Program. Prepared by: Stan Scholl John Jalili Jack Hutchison Doug McAteer Attachment:Santa Monica MBE Program 2 e e CITY OF SANTA MONICA MINORITY BUSINESS ENTERPRISE PROGRAM FOR FEDERALLY ASSISTED PROJECTS 1. POLICY The City of Santa Monica (hereinafter called "City"), a recipient of Federal financial assistance from various Federal agencies (hereinafter called "Government"), is committed to a Minority Business Enterprise Program (hereinafter called "programll), in accordance with Federal Regulations issued by the Department of Transportation (hereinafter called IIDOT"), on March 31, 1980, July 3, 1980. and on March 12, 1981. (49 CFR Part 23) (hereinafter called "Regulations"). It is the intention of the City that minority business enterprises shall be afforded every practicable opportunity to participate in the performance of contracts relating to the Cityls Federally-funded projects. The City is determined to provide opportunities for MBE participation in the competitive bidding process for the City's contract requirements through the establishment of the procedures outlined herein. This program shall apply to all Federally funded projects and programs. It is the policy of the Clty to establish participation goals for business enterprises owned and controlled by minorities and by women, in accordance with the following standards: A. Goals shall be estabished for minority or women controlled firms in the following categories: 1) Operating services, supplies, materials, and equipment in programs funded all or in part by Federal monies (for which an annual overall participation goal shall apply); and 2) Construction projects funded all or in part by the Government (for which goals shall be set on a proj ect ba s is) . B. Goals shall be based contract awards and the the total contracts estimated for any given on projections of size and nature of and procurements yea r. October 23, 1981 1 e . C. Goals shall be related to the availability of MBE's who have the capability to perform the types of services or to furnish the types of procurements which will satisfy the City's projected contract needs during the course of a given year. II. OBJECTIVES OF THE MINORITY BUSINESS ENTERPRISE PROGRAM The objectives of this program are: A. To identify business enterprises owned and controlled by minorities and by women which are qualified to provide the City with required materials, goods, and services. B. To develop procedures which will acquaint prospective minority business enterprises with the City's contract activities and requirements. C. To develop the necessary inter-departmental relationships within the City which will facilitate implementation of this program. D. To assist in the improvement of the economic level of minority business enterprises in the Santa Monica Bay Area by providing opportunities for the award of Government-funded contract work to firms owned and controlled by minorities and by women. III. DESIGNATION OF LIAISON OFfICER AND SUPPORT STAFF The MBE Program shall be administered by the City's Administrative staff under the direction of the City Manager. Each lndividual Government-funded project or program is administered by departmental administrative staff which will also be responsible for the day-to-day implementation of the MBE Program as it relates to particular projects. The City Manager and staff shall coordinate the overall program. IV. fOR CONTRACTS The City shall use affirmative action techniques to facilitate MBE participatlon in contracting activities. October 23~ 1981 2 e e V. USE OF BANKS UNDER MBE CONTROL If the City at any time needs to bank funds received from Federal agencies, then this MBE Program shall a1so apply to the selection of banks for deposit of those funds within the Santa Monica city limits or such other areas as may be selected by the City Council. If no such banks exist, then the goal shall be zero. VI. MBE DIRECTORIES The City shall maintain directories of local MBE firms with capabilities relevant to general contracting requirements and to particular solicitations. These directories will be available to bidders and proposers on Government-funded City projects. VII. MBE PROGRAM IMPLEMENTATION The staff designated under Section III of this procedure (hereinafter called the "Project Review Committee"), shall provide individual project review. This group shall assist in the implementation of this program and make recommendations to the City Council with respect to the establishment of annual overall participation goals for the procurement categories of professional services, supplies, materials, and equipment and contract participation goals for individual construction projects. In addition, these designated staff members shall review all bids submitted for Federally-assisted contracts, evaluate the MBE participation included in each bid~ determine the eligibility and proper certification of the various MBE's listed by the bidders for participation in the contract work, and take all necessary actions to assess the responsiveness of said bids relative to the applicable MBE requirements for such contracts. A statement shall be made to the City Manager and the City Council which presents the compliance of the various bidders with the applicable MBE requirements and which recommends award of the subject contract to the lowest responsible and responsive bidder. VIII. MBE PERCENTAGE GOALS FOR THE DOLLAR VALUE OF WORK ON CONSTRUCTldN PROJECTS MBE goals shall be established by the Project Review Committee for each construction project. It is the intention of the City that the MBE goal for each contract be achieved. Goals may be established for minority-owned and women-owned firms by setting percentage ranges, coupled with an overall MBE participation goal for each project. The contract goal established for a given project shall be specified in the contract specifications. October 23, 1981 3 e e IX. AWARD OF CONTRACT A. General Statement. The City shall award construction contracts to the lowest responsible and responsive bidder. A bidder that fails to achieve the specified MBE goals may be condsidered eligible for award of contract only if it can demonstrate having made sufficient good faith efforts to meet the goal as outlined in the regulations. If such efforts cannot be documented by the bidder, then it shall not be deemed "responsibleu and therefore, shall be ineligible for award of the contract. B. Determination of Lowest Respons~ble and Respo~sive Bidder 1. Evaluation of Bids. After the bid ope~i~g, - the Project Review Committee shall evaluate all bid proposals and required information submitted by bidders for the contract to determine a recommendation for award of the contract to the lowest responsible and responsive bidder. 2. Eligibility of MBE1s. The MBE's lTsted by bidders for participation in the contract work shall be listed in the Cityls MBE directories. The Committee may also accept MBE's certified by Federal Government agencies. 3. Oetermination of Amount of MBE participation. The percentage goal as established by the Project Review Committee shall be the standard used to evaluate whether bidders have satisfied the MBE contract requirements. A bidder shall not be credited for exceeding an MBE goal. c. Bidders Meeting MBE Goals. A bidder shall submit a written assurance with the bid proposal that the MBE contract goals have been met or that reasonable efforts have been made to meet the goals. In addition, at the time set in the contract specifications, the bidder shall also submit all other information required by October 23, 1981 4 e e the regulations. MBE subcontractorst supplierst and manufacturers must perform a commercially useful function in the work of the contract in order for their contribution toward the total contract work to be included in the MBE contract participation percentages. D. Bidders Not Meeting MBE Goals. A bidder whO does not meet the MBE goals shall submit a report documenting that the bidder made sufficient reasonable efforts to meet the goals. This report shall follow the format outlined in the regulations. E. Recommendation Process for Award of Contract. The Project Review Committee shall review all information submitted by the bidders and may request such additional information from a bidder as may be necessary to determine MBE goal compliance. If a bidder does not meet the MBE goal t yet is low bidt then the Project Review Committee may recommend award of the contract to said bidder if it can document that a good faith effort was made to meet the MBE goal as outlined in the regulations. If such documentation is not submitted, the Project Review Committee cannot deem said bidder to be "responsible". Following the determination by the Project Review Committee of the lowest responsible and responsive biddert it shall prepare a statement on such low bidder's compliance with the MBE policy for review by the City Council at the time that the contract award is considered. If the City Council disagrees with staff1s recommendation regarding the responsible low bidder. it shall reject all bids or refer the matter back to staff for further evaluation and recommendation. The decision of the City Council on the award of the contractt if such a decision is madet shall be final and binding on all parties. F. Substitution of Subcontractors. If a contractor. ifter ~wardJ should request the substitution of a subcontractor pursuant to the Subletting and Subcontracting Fair Practices Act (California Government Code Section 4100 et seq.). the contractor shall replace an October 23t 1981 5 e e MBE subcontractor with another MBE subcontractor if such action is necessary to maintain the required level of MBE participation. In the event that a contractor having made sufficient reasonable efforts to find a substitute subcontractor, is unable to do so, the contractor may use a non-MBE subcontractor, subject to the approval of th e City. X. MATER),ALS, SUPPLIES, AND PROF,ESSIONAl SERVI,CES A. Goal for Materials, Supplies, and Professional Services. The City Council, upon reco~mendation of the Project Review Committee, shall establish an overall goal for MBE participation in the City's procurement of equipment, material, supplies, and professional services in programs funded all or in part by Federal monies. Exhibit B, attached hereto and incorporated herein by this reference, sets forth this goal. It is the intention of the City that the annual goal be achieved. In establishing this goal, appropriate City staff and the City Council shall consider the following factors: 1. The overall projection of contract awards in the particular areas. 2. The availability of firms owned and controlled by minorities or women in each category or area of specialty. In defining the geographic area for determining availab;l;ty~ the City shall follow the same approach it takes with respect to non-MBE firms for a type of procurement. 3. The dollar amount and percentage of procurement projected to be required from ~sole-source~ vendors. 4. A comparison of the goal established for the previous year to the actual percentage utilization for that year and the experience of the City in obtaining participation in its procurement and professional services contracts from firms owned and controlled by minorities or women. October 23, 1981 6 e e 5. Unique characteristics of the procurements of equipment, supplies, materials, and professional services proposed for the following year. 6. Any suggestions and information developed from the City staff, industry, and professional sources and other public agencies. 7. Any other relevant criteria. B. Annual Eval uation. At the end of each fi scal year,' Ci ty staff shall revi ew the overall MBE goal for the procurement category of equipment, materials, supplies, and professional services and shall furnish the City Manager and City Council with a report documenting the overall percentage participation of firms owned and controlled by minorities or women. Also, this report shall recommend an overall MBE participation goal for the new fiscal year. Following this review process, the City Council may determine that it is necessary or appropriate to review the preceding year's goal. In such event, the revised goal shall be submitted to the Government and Exhibit B shall be amended accordingly. XI. PROJECTS EXEMPT FROM THIS PROGRAM A. Transit Vehicle Procurements. The acquis1tion of transit vehicles is categorically exempt from this program. B. Other other e x em p t be made Projects. In addition, certain projects, may be designated as from this program. Exemptions may in the following circumstances: 1. Projects in whic~ there are no known MBE Contractors, subcontractors, or suppliers who are in the business of supplying the labor, materials, equipment, or services sought in a particular procurement or construction contract. October 23, 1981 7 e e 2. Projects consisting of only one or two subtrades may be exempt from specific MBE contract goals due to the fact that setting participation goals for projects with such limited opportunitites for sub-bids could result in restrictive bidding. These exemptions do not imply relief from efforts to solicit MBE bids and sub-bids. The City will make efforts to solicit bids from MBE's and require that contractors solicit MBE sub-bids for these projects whenever possible. XII. DEFINITIONS A. Minority Business Enterprise. A minority DUS1ness enterprise 1s a small business concern which is owned and controlled by one or more minority persons or by women. 1. Small Business Concern. A small business concern shall mean an enterprise whith is independently owned and operated and which is not dominant in its field of operation and which further meets the criteria established by the Small Business Administration as set forth in Section 3 of the Small Business Act (15 U.S.C.A. Section 632) and the implementing regulations (13 eFR 212) as amended. 2. Owned and Controlled. Owned and controlled means a small business concern whose management and daily business operations are controlled by minority persons or by women; and which is (I) a sole proprietorship legitimately owned by an individual who is a minority person or a woman; (2) a partnership or joint venture in which at least 51 percent of the beneficial ownership interest legitimately is held by minority persons or by women; or (3}a corporation or other entity, including a publicly owned business, in which at least 51 percent of the voting interest and 51 percent of the beneficial ownership interest (i.e., October 23, 1981 8 e e stock) legitimately are held and owned by minority persons or by women. 3. Minority Persons. is a person wno is a permanent resident States and who is: A minority person citizen or lawful of the United a. Black (a person having origins in any of the black racial groups of Africa); b. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race); c. Asian American (a person having or191ns in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); or d. American Indian and Alaskan (a person having origins in the original peoples of America). Native any of North e. Members of other groups or other individuals found to be economically and socially disadvantaged as defined below. In determining whether a firm is economically and socially disadvantaged, the City shall use the specific criteria developed by the Small Business Administration under Section 8 (a) of the Small Business Act, as amended (15 See t ion 637 (a)) and imp 1 em e n ti n 9 regulations. (1) Socially disadvantaged individuals are those who have been sUbjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. October 23, 1981 9 e e (2) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the City shall consider, among other factors, the assets and net worth of such socially disadvantaged individuals. October 23, 1981 10 - e EXHIBIT A SAMPLE AFFIDAVIT FORM STATE OF COUNTY ( C ITY OF Affidavlt of Minorlty Buslness Enterprlses I HEREBY DECLARE AND AFFIRM that I am the (Title) and duly authorlzed representative of (Name of Corporation) whose address lS I hereby declare and affirm that as a minority business enterprlse (MBE) as deflned by the City of Santa Monica in the speciflcatlons for (Contract Number and Name) the above-narneG firm \'J111 provide information requested by said Clty to dcoument thlS fact. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED, ON BEHALF OF THE ABOVE FIRM. TO MAKE THIS AFFIDAVIT. (Afflant) - ( Oa te ) STATE OF e e EXHIBIT B ANNUAL MBE GOAL FOR THE PROCUREMENT CATEGORY OF EQUIPMENT, MATERIALS, SUPPLIES AND PROFESSIONAL SERVICES The City's overall MBE participation goal for the procurement category of equipment, materials, supplies and professional services for the Fiscal Year 1981-82 shall be 2 percent. In arriving at this goal, the City has evaluated its total procurement expenditures, as well as the other factors enumerated on Pages 6 and 7 of the Program. As noted in the Program on Page 3, the MBE participation goals for the contract category of construction work shall be established on a project by project basis. October 23, 1981 12 ~e e DISTRIBUTION OF RESOLUTION Jf ~3!~ ORDINANCE If CouncIl Meeting Date , -:J //~~ --) Introduced: Agenda Item # q _ J? (" t't -: I Ad d I '-~ ., /)'//,,'1'"7 opte : Was It amended? VOTE: AffirmatIve: NegatIve: Abstain: Absent: / ../" -~., . // 7 r -,' ~,rt. G. -(.../ "'-.. 0.- /" { ~; 7 :/71 r--l -p" (/ "I -~ /< - L r.! -:2.--J -? /- , ~ j-'l.-r----"- ,J' (,--; . DISTRIBUTION: - ORIGINAL to be slgnedt sealed and flIed in Vault. NEWSPAPER PUBLICATION (Date: ) ) Department originating staff report ( C1 tv Attornev ,Ht-!^:.-A...fJ...e__ L...)~~-ct T,fr...~. ? 6~L.4/ ) , , , _ ../ ~ (,;-..V, __ _ / Agency mentIoned In document or staff report S- lY (certIfied") Subject file (agenda packet) ~~ Counter file Others. Airport ParkIng Auth. ~-~ Planning i/ AuditoruID BUlldlng Dept. Police (en- forcement?) / ~ha~ / ~ Recr/Parks _ ~ / ~port~ 1-/ Treasurer EnVIron. Servo FIndnce Fire E:ai~ Library ~ / ~Jj ~, ~ Manager p: SEND J:.WO"" COPIES OF ALL ORDINANCES TO CODED SYSTHIS A ttn Peter MClSleacie Others., PROFESSIONAL tCENTER Total ROUTE 71 BRIELLE, NEW JERSEY 08730 TOTAL COPIES ' /I" . c!g-ct/C-!- GS:SES:KS 4t Santa Monica, Californ~ October 27, 1981 City Council Meetlng 10-27-81 RESOLUTION NO. 6386 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE SANTA MONICA MINORITY BUSINESS ENTERPRISE PROGRAM WHEREAS, recent changes in Federal Rules and Regulations require the City of Santa Monica to adopt a Minority Business Enterprise Program in order to be eligible to receive financial assistance; and WHEREAS, the continuing receipt of Federal funds is essential for current and future expenditures of the City of Santa Monica; and WHEREAS, the participation in Federally-assisted projects by minority or female owned businesses ;s encouraged by policies incorporated in the Santa Monica Minority Business Enterprise Program, 1 GS:SES:KS _ Santa Monica, californe. October 27, 1981 City Council Meet""g 10-27-81 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. To adopt the Santa Monica Minority Business Enterprise Program attached hereto and incorporated by reference. SECTION 2. To direct the City Manager to submit the Santa Monica Minority Business Enterprise Program to appropriate Federal agencies for their approval. SECTION 3. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in force and effect. APPROVED AS TO FORM: ~~.~'-~ Ci ty Attorney - 2 e e ADOPTED AND APPROVED THIS 3rd DAY OF ~ovembeT , 1 981 . {/11A YOR II ! HEREBY CERTIFY THAT THE FOREGOI~G RESOLUTION NO. 6386 WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON November 3 , 1981 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, Edwares, Press, Zane, Mayor Yannatta Goldway NOES: COUNCILMEMBERS: None ABSENT: COUHCILMEMBERS: Jennings, Reed ABSTAIN: COUNCILMEMBERS: None ATTEST: ~7q~ C I T Y C L ER K e e CITY OF SANTA MONICA MINORITY BUSINESS ENTERPRISE PROGRAM FOR FEDERALLY ASSISTED PROJECTS 1. POLICY The City of Santa Monica (hereinafter called l'City"), a recipient of Federal financial assistance from various Federal agencies (hereinafter called "Government"), is committed to a Minority Business Enterprfse Program (hereinafter called "Program"), in accordance with Federal Regulations issued by the Department of Transportation (hereinafter called "DOT"), on March 31, 1980, July 3, 1980, and on March 12, 1981, (49 CFR Part 23} (hereinafter called "Regulations"). It is the intention of the City that minority business enterprises shall be afforded every practicable opportunity to participate in the performance of contracts relating to the City's Federally-funded projects. The City is determined to provide opportunities for MBE participation in the competitive bidding process for the City's contract requirements through the establishment of the procedures outlined herein. This program shall apply to all Federally funded projects and programs. It is the policy of the City to establish participation goals for business enterprises owned and controlled by minorities and by women, in accordance with the following standards: A. Goals shall be estabished for minority or women controlled firms in the following categories: 1) Operating services, supplies, materials, and equipment in programs funded all or in part by Federal monies (for which an annual overall partiCipation goal shall apply); and 2) Construction projects funded all or in part by the Government (for which goal s shall be set on a proj ect basis}. B. Goals shall be based contract awards and the the total contracts estimated for any given on projections of size and nature of and procurements year. October 23, 1981 1 e e C. Goals shall be related to the availability of MBE's who have the capability to perform the types of services or to furnish the types of procurements which will satisfy the City.s projected contract needs during tbe course of a given year. II. OBJECTIVES OF THE MINORITY BUSINESS ENTERPRISE PROGRAM The objectives of this program are: A. To identify business enterprises owned and controlled by minorities and by women which are qualified to provide the City with required materials~ goods~ and services. B. To develop procedures which will acquaint prospective minority business enterprises with the City's contract activities and requirements. C. To develop the necessary inter-departmental relationships within the City which will facilitate implementation of this program. D. To assist in the improvement of the economic level of minority business enterprises in the Santa Monica Bay Area by providing opportunities for the award of Government-funded contract work to firms owned and controlled by minorities and by women. III. DESIGNATION Or LIAISON OFFICER AND SUPPORT STAFF The MBE Program shall be administered by the City's Administrative staff under the direction of the City Manager. Each individual Government-funded project or program is administered by departmental administrative staff which will also be responsible far the day-to-day implementation of the MBE Program as it relates to particular projects. The City Manager and staff shall coordinate the overall program. IV. FOR CONTRACTS The City shall use affirmative action techniques to facilitate MBE partiCipation in contracting activities. October 23~ 1981 2 e e V. USE OF BANKS UNDER MBE CONTROL If the City at any time needs to bank funds received from Federal agencies, then this MBE Program shall a1so apply to the selection of banks for deposit of those funds within the Santa Monica city limits or such other areas as may be selected by the City Council. If no such banks exist, then the goal shall be zero. VI. MBE DIRECTORIES The City shall maintain directories of local MBE firms with capabilities relevant to general contracting requirements and to particular solicitations. These directories will be available to bidders and proposers on Government-funded City projects. VII. MBE PROGRAM IMPLEMENTATION The staff designated under Section III of this procedure (hereinafter called the "Project Review Committee"), shall provide individual project review. This group shall assist in the implementation of this program and make recommendations to the City Council with respect to the establishment of annual overall participation goals for the procurement categories of professional services, supplies~ materials, and equipment and contract participation goals for individual construction projects. In addition~ these designated staff members shall review all bids submitted for Federally-assisted contracts, evaluate the MBE participation included in each bid, determine the eligibility and proper certification of the various MBE's listed by the bidders for partiCipation in the contract work, and take all necessary actions to assess the responsiveness of said bids relative to the applicable MBE requirements for such contracts. A statement shall be made to the City Manager and the City Council which presents the compliance of the various bidders with the applicable MBE requirements and which recommends award of the subject contract to the lowest responsible and responsive bidder. MBE PERCENTAGE GOALS FOR THE DOLLAR VALUE OF WORK ON CONSTRUCTION PRUJECTS MBE goals shall be established by the Project Review Committee for each construction project. It is the intention of the City that the MBE goal for each contract be achieved. Goals may be established for minority-owned and women-owned firms by setting percentage ranges, coupled with an overall MBE participation goal for each project. The contract goal established for a given project shalT be specified in the contract specifications. v r r I . October 23, 1981 3 e e IX. AWARD OF CONTRACT A. General Statement. The City shall award construction contracts to the lowest responsible and responsive bidder. A bidder that fails to achieve the specified MBE goals may be condsidered eligible for award of contract only if it can demonstrate having made sufficient good faith efforts to meet the goal as outlined in the regulations. If such efforts cannot be documented by the bidder~ then it shall not be deemed uresponsibleu and therefore, shall be ineligible for award of the contract. B. Determination of Lowest Responsible and Responsive Bidder 1. Evaluation of Bids. After the bid opening, the Project Review Committee shall evaluate all bid proposals and required information submitted by bidders for the contract to determine a recommendation for award of the contract to the lowest responsible and responsive bidder. 2. Eligibility of MBE's. The MBE's 1 i s t e d by bid de r s for' p a" r tic i pat ion i n the contract work shall be listed in the Cityls MBE directories. The Committee may also accept MBE's certified by Federal Government agencies. 3. Determination of Amount of MBE part1cipat'on~ The percenta~e goal as established by the Project Review Committee shall be the standard used to evaluate whether bidders have satisfied the MBE contract requirements. A bidder shall not be credited for exceeding an MBE goal. C. Bidders Meeting MBE Goals. A bidder shall submlt a written assurance with the bid proposal that the MBE contract goals have been met or that reasonable efforts have been made to meet the goals. In addition, at the time set in the contract specifications. the bidder shall also submit all other information required by October 23, 1981 4 e e the regulations. MBE subcontractors~ suppliers, and manufacturers must perform a commercially useful function in the work of the contract in order for their contribution toward the total contract work to be included in the MBE contract participation percentages. D. Bidders Not Meeting MBE Goals. A bidder wno does not meet tne MBE goals shall submit a report documenting that the bidder made sufficient reasonable efforts to meet the goals. This report shall follow the format outlined in the regulations. E. Recommendation Process for Award of ~ontract. rhe ProJect Revi.w Committee shall review all information submitted by the bidders and may request such additional information from a bidder as may be necessary to determf ne . MBE goal compliance. If a bidder does not meet the MBE goal, yet is low bid, then the Project Review Committee may recommend award of the contract to said bidder if it can document that a good faith effort was made to meet the MBE goal as outlined in the regulations. If such documentation is not submitted, the Project Review Committee cannot deem said bidder to be "responsible". Following the determination by the Project Review Committee of the lowest responsible and responsive bidder, it shall prepare a statement on such low bidder's compliance with the MBE policy for review by the City Council at the time that the contract award is considered. If the City Council disagrees with staff's recommendation regarding the responsible low bidder~ it shall reject all bids or refer the matter back to staff for further evaluation and recommendation. The decision of the City Council on the award of the contract, if such a decision is made, shall be final and binding on all parties. F. Substitution of Subcontractors. If a contractor, after award, should request the substitution of a subcontractor pursuant to the Subletting and Subcontracting Fair Practices Act (California Government Code Section 4100 et seQ.), the contractor shall replace an October 23, 1981 5 e e MBE subcontractor with another MBE subcontractor if such actlon is necessary to maintain the required level of MBE participation. In the event that a contractor having made sufficient reasonable efforts to find a substitute subcontractor, is unable to do so, the contractor may use a non-MBE subcontractor, sUbject to the approval of the City. X. MATERIALS, SUPPLIES, AND PROFESSIONAL SERVICES A. Goal for Materials, ~upplies, and Professional Services. The City Co~ncil, upon recommenaat1on of the Project Review Committee, shall establish an overall goal for MBE participation in the City's procurement of equipment, material, supplies, and professional services in programs funded all or in part by Federal monies. Exhibit B, attached hereto and incorporated herein by this reference, sets forth this goal. It is the intention of the City that the annual goal be achieved. In establishing this goal, appropriate City staff and the City Council shall consider the following factors: 1. The overall projection of contract awards in the particular areas. 2. The availability of firms owned and controlled by minorities or women 1n each category or area of specialty. In defining the geographic area for determining availability, the City shall follow the same approach it takes with respect to non-MBE firms for a type of procurement. 3. The dollar amount and percentage of procurement projected to be required from nsole-source" vendors. 4. A comparison of the goal established for the previous year to the actual percentage utilization for that year and the experience of the City in obtaining participation in its procurement and professional services contracts from firms owned and controlled by minorities or women. October 23, 1981 6 e e 5. Unique characteristics of the procurements of equipment~ supplies. materials, and professional services proposed far the following year. 6. Any suggestions and information developed from the City staff, industry, and professional sources and other public agencies. 7. Any other relevant criteria. B. Annual Evaluation. At the end of each fiscal year, City staff shall review the overall MBE goal for the procurement category of equipment, materials, supplies, and professional services and shall furnish the City Manager and City Council with a report documenting the overall percentage participation of firms owned and controlled by minorities or women. Also, this report shall recommend an overall MBE participation goal for the new fiscal year. Following this review process, the City Council may determine that it is necessary or appropriate to review the preceding year's goal. In such event, the revised goal shall be submitted to the Government and Exhibit B shall be amended accordingly. XI. PROJECTS EXEMPT FROM THIS PROGRAM A. Transit Vehicle Procurements. The acquls1tlon of translt vehlcles is categorically exempt from this program. B. Other other exempt be made Projects. In addition, certain projeits. may be designated as from this program. Exemptions may in the following circumstances: 1. Projects in which there are no known MBE Contractors, subcontractors, or suppliers who are in the business of supplying the labor, materials, equipment, or services sought in a particular procurement or construction contract. October 23, 1981 7 e e 2. Projects consisting of only one or two subtrades may be exempt from specific MBE contract goals due to the fact that setting participation goals for projects with such limited opportunitites for sub-bids could result in restrictive bidding. These exemptions do not imply relief from efforts to solicit MBE bids and sub-bids. The City will make efforts to solicit bids from MBE1s and require that contractors solicit MBE sub-bids for these projects whenever possible. XII. DEFINITIONS A. Minority Business Enterprise. A minority Dus1ness enterprise is a small business concern which is owned and controlled by one or more minority persons or by women. 1. Small Business Concern. A small business concern shall mean an enterprise whith is independently owned and operated and which is not dominant in its field of operation and which further meets the criteria established by the Small Business Administration as set forth in Section 3 of the Small Business Act (15 U.S.C.A. Section 632) and the implementing regulations (13 CFR 212) as amended. 2. Owned and Controlled. Owned and control led means a small business concern whose management and daily business operations are controlled by minority persons or by women; and which is (1) a sole proprietorship legitimately owned by an individual who is a minority person or a woman; (2) a partnership or joint venture in which at least 51 percent of the beneficial ownership interest legitimately is held by minority persons or by women; or (3)a corporation or other entity, including a publicly owned business, in which at least 51 percent of the voting interest and 51 percent of the beneficial ownership interest (i.e., October 23~ 1981 8 e e stock) legitimately are held and owned by minority persons or by women. 3. Minority Persons. A 15 a person wno lS a permanent resident States and who is: minority person citizen or lawful of the United a. Black (a person having origins in any of the black racial groups of Africa); b. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race); c. Asian American (a person having orlg1ns in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); or d. American Indian and Alaskan (a person having origins in the original peoples of America). e. Members of other groups or other individuals found to be economically and socially disadvantaged as defined below. In determining whether a firm is economically and socially disadvantaged, the City shall use the specific criteria developed by the Small Business Administration under Section 8 Ca) of the Small Business Act, as amended (15 Section 637 (a)) and implementing regulations. Native any of North (1) Socially disadvantaged individuals are those who have been sUbjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. October 23, 1981 9 e e (2) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities~ the City shall consider~ among other factors) the assets and net worth of such socially disadvantaged individuals. October 23~ 1981 10 ., e e EXI..!:B:T ;. S~~.dPLS AFF:DAV I~ F::Rt~ ST~TE O~ CaU~~7Y {::TY OF !if"" cav' t of r1110rlty 9us 1 ~ess Er.terpr'ses - ~ERE9v DECLARE ~ND AFrIR~ that: am tre (Tltle} ane auly authorlzed repreSentatlve of (~ame of Coroorat1on) whose address 1S I ~ereby ceclare and afflrM that as a minor]!y bus11ess ente~prlse ~MBE) as jef1ned JY :he :lty of Santa ~onlca in the spec,f1cat1ons for ;Contract ~u~ber and Name) the above-naTed ~,~ ~,11 provlde ln~orTat1Gn ~equEs:ed Dy sald Clty to dcou"-ent ;;'11 5 fac"!: I 00 SOL;::MNL Y DECLo\RE Ar-:D AF;:T~M UNon Tr.E PE:!AL TIES OF ilERJURY ~~AT THE :O~TENTS OF T~E FOREGOlNG DOCU~ENT 4RE TR~E ~ND :OR~ECT, AND T~AT I pM ~UTHORIZ~D. ON BEHALF OF THE ABOVE F:RM, TO VAKE THIS AF~IJAVIT (Aff'ant) ,Date) STATE JF CCUNTY (CITY) OF day of , 1981, before 7e, On t'11 S , the unders1gned offlce~, personally appeared , known to ~e to oe the person describec 'n the foreg01ng ~ff1dav1t and ackpowiedged ~hat he (s~e) executed ~~e sare ]n :re caoacity tr,e~e'n stated ana for t~e ~urDoses tr.ere1n contalneo :r Wl:~ess thereof, I rereunto set ~y ~ana and off1clal seal. ('1otary?u!Ji1C) ~y Comw1ss'on =X~lres OctO;Jer 23. :gp~ !~ e . EXHIBIT B ANNUAL MBE GOAL FOR THE PROCUREMENT CATEGORY OF EQUIPMENT, MATERIALS, SUPPLIES AND PROFESSIONAL SERVICES The City's overall MBE participation goal for the procurement category of equipment, materials, supplies and professional services for the Fiscal Year 1981-82 shall be 2 percent. In arriving at this goal, the City has evaluated its total procurement expenditures, as well as the other factors enumerated on Pages 6 and 7 of the Program. As noted in the Program on Page 3, the MBE participation goals for the contract category of construction work shall be established on a project by project basis. October 23, 1981 12