HomeMy WebLinkAboutResolution 09-49 11/16/2009
Resolution No. 09-49
Resolution No. 09-49
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SPRINGFIELD ADOPTING A DISADV ANT AGED BUSINESS ENTERPRISES
POLICY.
WHEREAS, the City of Springfield is committed to nondiscriminatory practices in the
City's contracting opportunities; and
WHEREAS, the City of Springfield is committed to participation of Disadvantaged
Business Enterprises (DBEs) in the City's contracting opportunities relating to the
procurement, contracting and professional services of City projects that involve federal
stimulus funds; and
WHEREAS, 49 CFR 26 requires the City of Springfield to adopt a DBE policy in order
to qualify as a recipient or sub-recipient of federal stimulus funding; and
WHEREAS, the City shall take all reasonable and necessary steps in accordance with 49
CFR 26 to ensure that DBEs have the opportunity to compete for and perform services on
contracts and subcontracts where the City is a recipient or sub-recipient of federal
stimulus funding as required by applicable federal stimulus funding regulations.
NOW, THEREFORE, BASED ON THE FINDINGS SET FORTH IN THE
FOREGOING RECITALS, BE IT RESOLVED BY THE COMMON COUNCIL
OF THE CITY OF SPRINGFIELD, A Municipal Corporation of the State of
Oregon, as follows:
Section 1. The City of Springfield hereby adopts the DBE policy set forth in Exhibit A.
Section 2. The City Manager will have the authority to construe and implement the
provisions of the City's DBE policy in order to carry out the purpose of the policy.
Section 3. Where specific situations are governed by federal regulations, this policy
shall be interpreted to be consistent with the applicable federal regulations.
Section 4. The City of Springfield Contracting Officer is authorized to distribute copies
of the DBE policy to requesting parties.
Section 5. This resolution shall take effect upon adoption by the Council and approval by
the Mayor.
Resolution No. 09~49
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Adopted by the Common Council of the City of Springfield on this ~ day of Nove~ber
2009, by a vote of ~ for and 0 agai
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OFFICE OF CITY ATTORNEY
ATTEST:
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City Record - Amy Sowa
Resolution No. 09-49
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Exhibit A
CITY OF SPRINGFIELD
DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
Purpose of the Policy
The City of Springfield is committed to nondiscriminatory practices in the City's
contracting opportunities. Neither the City nor Contractor shall discriminate on
the basis of race, color, religion, sex, sexual orientation, national origin, marital
status, age, disability or familial status in the award and performance of such a
contract.
. It is the intention of the City of Springfield to create an equitable environment in
which Disadvantaged Business Enterprises (DBEs) can compete fairly for
contracts and subcontracts relating to the procurement, contracting and
professional services of the City projects that involve federal stimulus funds. The
City shall take all reasonable and necessary steps in accordance with-49 CFR 26
to ensure that DBEs have the opportunity to compete for and perform services
on contracts and subcontracts awarded through applicable federal funding.
City as Direct Recipient of Federal Stimulus Funds
If City is recipient of federal stimulus funds, the following DBE program under 49
CFR Part 26 shall apply:
1. Policy Statement:
It is the policy of the City of Springfield to create a level p1i3ying field on which
DBEs can and are encouraged to compete fairly for contracts and subcontracts
relating to federally assisted projects.
2. DBE Liason Officer:
The City of Springfield Finance Director or his or her designee shall be the DBE
Liaison Officer, pursuant to 49 CFR 26.25. The DBE Liaison Officer develops and
implements program functions based on federal rules and regulations to provide
opportunities for DBEs. The position identifies contracts for DBE goal evaluation,
monitors and evaluates contractual progress of DBE contractors, gathers and
reports statistical data.
City of Springfield - DBE Policy
Attachment 3 page 1
Exhibit A
3. Procedures Ensuring Equal Opportunity to Compete for Contracts:
Procedures to ensure that DBEs have an equitable opportunity to compete for
contracts and subcontracts, pursuant to 49 CFR 26.51, shall include but are not
limited to:
· Pre-Bid - City shall provide advance notification to certified Lane County
DBEs registered on the then current posting of the State of Oregon DBE
Directory (www.oregon.gov/OBDD/OMWESB/firms.shtml) of upcoming
solicitations to which DBE goals have been attached. Said notification will
list where Plans, Specifications, Requests for Proposals ~nd Invitation to
Bid documents can be accessed for review. Projects on which DBE goals
have been assigned shall contain written notice of the goal requirement in
the solicitation and shall be listed on the City's website under the
submenu Purchasing/Contracts.
· Bid Opening and Contract Award - City shall award contracts to the
lowest responsible bidder as defined by ORS 279B.110 as implemented by
Springfield Municipal Code 2.700 et seq. For such contracts, as well as
contracts awarded pursuant to a Request for Proposal procedure where
the lowest responsible bidder standard does not apply, a bidder that fails
to demonstrate that it achieved the contract specific DBE participation
goal and fails to demonstrate that it made good faith efforts to do so shall
not be deemed responsive and therefore shall be ineligible for award of
the contract. In determining whether a bidder has made good faith
efforts, City shall consider the performance of other bidders in meeting
- the contract goal. If the bid of the apparent successful bidder fails to
meet the goal, but meets or exceeds the average DBE participation
obtained by other bidders, the City shall use this fact, in conjunction with
other factors, as evidence of the apparent successful bidder having made
good faith efforts in accordanc~_ with 49 CFR Part 26. The City is able to
accept the bid of a bidder who has demonstrated good faith efforts under
these circumstances.
. Counting DBE Participation toward Contract Specific Goals - In
determining whether a DBE bidderjofferorhas met a contract goal, the
work DBE -has committed with its own forces as well as the work that it
has committed to be performed by certified DBE subcontractors or
City of Springfield - DBE Policy
Attachment 3 page 2
Exhibit A
suppliers will be counted. The City will use ODOT's method of calculating
DBE participate toward a contract specific goal where applicable.
4. DBE Directory:
The City DBE Liaison Officer shall maintain a DBE directory or source list to
facilitate identifying DBEs with capabilities relevant to specific contract
opportunities, pursuant to 49 CFR 26.31. Procedurally, the DBE Liaison Officer
or designee will post an online vendor registration form on the City's website on
the Purchasing/Contracts page. The form will encourage potential suppliers to
include information regarding their DBE status including but not limited to: their
State of Oregon DBE certification number, business contact information, and
commodity description. A registry wili be maintained and used as a resource in
conjunction with the State of Oregon OMWESB directory to notify DBE firms in
advance of City formal solicitations.
The City Liaison Officer or designee will reference the DBE directory and make
available to interested parties a list of all firms eligible to participate as DBEs,
including the address, phone number, and types of work the firm has been
certified to perform as a DBE. The City directory will be updated at least
quarterly. Additionally, interested parties will be encouraged to review the list of
all eligible DBE certified firms in Lane County posted at
http://www4.cbs.state.or.us/ex/ dir / omwesb/ search/index.cfm ?fuseaction=comm_result.
5. Procedures to Ascertain the Eligibility of DBEs:
The City DBE Liaison Officer shall be responsible for ensuring compliance with
the federal regulations in the determination ofa DBE certification, pursuant to 49
CFR 26. However, the City DBE Liaison Officer does not have authority to certify
DBE status. Certification authority for the statewide DBE program has been
delegated to the Office of Minority, Women, and Emerging Small Business
(OMWESB). This office became the certification authority for state programs
under ORS 200. OMWESB provides staff to conduct DBE certification,
recertification, decertification, appeals, challenges, investigations of third party
allegations, and public awareness activities pertaining to certification programs.
- .
6. DBE Goal Development:
The City DBE Liaison Officer shall establish an overall goal on a fiscal basis for
the participation of DBEs in all budgeted contracts utilizing federal aid funds.
The overall annual goals will be expressed as a percentage of the total amount
of federal aid funds the City anticipates expending in the fiscal year. The DBE
Liaison shall develop percentage goals for the dollar value of product and/or
services to be awarded to DBEs, including a methodology for developing annual
City of Springfield - DBE Policy
Attachment 3 page 3
Exhibit A
race neutral/race conscious goals, pursuant to 49 CFR 26.45. . The goal shall be
based on demonstrable evidence of the availability of ready, willing and able
DBEs available to participate in federal aid assisted contracts. -
The DBE Liaison Officer must begin the goal setting process by determining a
base figure for the availability of ready, willing and able DBEs relative to all
- businesses ready, willing and able to participate on the City's federal aid assisted
contracts. In order to determine the relative availability of DBEs, the DBE Liaison
may use DBE directories and Census Bureau data. Using the Census Bureau's
Couhty Business Pattern (CBP) data base, the DBE Liaison Officer shall determine.
the number of all ready, willing and able businesses available in the City's market
that perform the type of worked called for in the contract. The DBE Liaison
officer shall divide the number of DBEs available to do this work by the number
of all businesses to derive a base figure for the relative availability of DBEs in the .
City's market. Information about the CBP data base may be obtained from the
Census Bureau at their website, www.census.gov/epcd/cbp/view/cbpview.html.
Alternatively, if the City is awarded a Federal Department of Transportation
grant, pursuant to 49 CFR 26.45, the City may use the goal established by
another DOT recipient in the same, or substantially similar, market. If the award
is from an agency other than Federal Department of Transportation, the City
may use an appropriate alternative goal established by that agency.
Once the DBE Liaison Officer has calculated a base figure, the DBE Liaison
Officer shall examine any evidence available in the City's jurisdiction to determine
what adjustments, if any, are needed to the base figure in order to arrive at the
City~s overall goal. Types of evidence that must be considered whenadjustfn~
the base figure include: the current capacity of DBEs to perform work in the
City's federal aid assisted contracting program, as measured by the volume of
work DBEs have performed in recent years; evidence from disparity studies
conducted anywhere within the City's jurisdiction, to the extent it is not already
accounted. for in the City's base figure; and if the City's base figure is the goal of
another recipient, the City must adjust it for differences in the local market and
the City's contracting program. If available, the DBE Liaison Officer must
consider evidence from related fields that affect the opportunities for DBEs to
form, g'rown and compete. These inClude, but are not limited to: statistical
disparities in the ability of DBEs to get the financing, bonding and insurance
required to participate in the City's pBE program; and data on employment, self-
employment, education, training and union apprenticeship programs, to the
extent the City can relate it to the opportunities for DBE~ to perform in the City's
program.
City of Springfield - DBE Policy
Attachment 3 page 4
Exhibit A
7. Good Faith Efforts:
The City requires competitors of contracts with DBE goals to be committed to
meeting the goal or satisfying the recipient that they made good faith efforts to
meet the goal, pursuant to 49 CFR 26.51. '
In the event a bidder is unable to meet the minimum expected DBE participation
goal, that bidder shall provide additional information regarding good faith efforts.
This information must be included at the time of bid opening. Factors or types
of efforts may be relevant in appropriate cases. In determining whether a bidder
has made good faith efforts, the City DBE Liaison Officer may take into account
the performance of other bidders in meeting the contract. For example, when
the apparent successful bidders fails to met the contract goal, but others meet it,
the City DBE Liaison officer may reasonably raise the question of whether, with
additional reasonable efforts, the apparent successful bidder could have met the
goal. If the apparent successful bidder fails to meet the goal, but meets or
exceeds the average DBE participation obtained by -other bidders, the City DBE
Liaison Officer may view this, in conjunction with other factors, as evidence of
the apparent successful bidder having made good faith efforts in accordance
with 49 CFR Part 26.
8. Challen-ge Procedures:
OMWESB has challenge procedures in place that detail the steps taken to
challenge the DBE status of a firm, pursuant to 49 CFR 26.87. OMWESB became
the certification authority for state programs under ORS 200.005 et seq.
OMWESB provides staff to conduct DBE certification, recertification~
decertification, appeals, challenges, investigations of third party allegations, and
public awareness activities pertaining to certification programs.
A DSE firm, which no longer meets the eligibility standards (or misrepresented
information during the certification process), will be removed from the DBE
program by having its certification removed. A firm shall remain certified during
the removaL process.
Any person may file a written complaint with OMWESB that alleges a-currently
certified firm is ineligible. A writtenc::omplaint must specify reasons for the
allegation and include any information or arguments supportingthe allegation. A,
general allegation or anonymous complaint will not be accepted. The Manager
of OMWESB will review the complaint, all certification records and other available,
information in order to determine whether there is reasonable cause to believe
that the firm is ineligible.
City of Springfield - DBE Policy
Attachment 3 page 5
Exhibit A
The City DBE Liaison officer does not have authority to make determinations
regarding a firm's DBE status. The State of Oregon's challenge process,
implemented through OMWESB, is outlined here as part of the City's policy and
offered as an aid in understanding how the OMWESB challenge procedures
operate. The Manager of OMWESB will review all notifications of change in
circumstance. or other information that comes to OMWESB's attention, including
notification of removal actions of other federal aid recipients, to determine
whether there is reasonable cause to believe a curre-ntly certified firm is
ineligible. When the OMWESB Manager determines that a firm is not eligible for
certification, the OMWESB Manager will provide the firm a written explanation of
the reasons for the denial, specifically referencing the evidence in the record that
supports each reason for the denial. All documents and other information on
which the denial is based will be made available to the applicant firm upon
request.
9. Maintenance of Records:
The City DBE Liaison shal,l be responsible for maintenance of records and .
reports, including creating and maintaining a bidder's list, pursuant to 49 CFR
26.11. This information must be included at the time of bid openings and
provide for the following:
A. Firm name
B. Firm Address
C. Firm's status as a DBE or non-DBE
D. Age of firm
. E. Annual Gross Receipts or the firm.
_ ContractorfVendor information is validated with the Subcontractor/Supplier
Solicitation and U~i1ization Form provided by all bidders within 10 calendar days
of the bid opening. -
10. DBE Financial Institutions: '
It is the policy of the City of Springfield to investigate the full extent of services
offered by financial institutions owned and controlled by socially and
economically disadvpntaged individuals in the community, to make reasol}able
efforts to uses these institutions, and to encourage prime contractors on federal
aid assisted contracts to make use of these institutions, pursuant to 49 CFR .
26.13(a). Information on the avail~bility of such institutions can be obtained
from the DBE Liaison Officer. -
_ City as Sub-Recipient of Federal Stimulus Funds
If Council is the sub-recipient of federal stimulus dollars, the City shall endorse
and abide by the DBE policy of the agency that is the direct recipient of the
- .
City of Springfield - DBE Policy
Attachment 3 page 6
Exhibit A
relevant federal stimulus funds. The City shall manifest intent to adopt the direct
recipient's DBE program by submitting to the agency a written confirmation of
such action duly signed by the City Manager and the City Manager shall have
authority to obligate the City to comply with all policies and regulations of the
Agency's DBE program.
City of Springfield - DBE Policy
Attachment 3 page 7