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Home My WebLink About1995-409 I RESOLUTION NO, 95-409 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY RELATING TO MINORITY BUSINESS ENTERPRISES, WOMEN BUSINESS ENTERPRISES 3 AND OTHER BUSINESS ENTERPRISES IN CITY PROCUREMENTS 4 5 WHEREAS, on November I, 1993, the Mayor and Common Council adopted Resolution 6 No, 93-411, entitled "RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A 7 POLICY ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES 8 IN CITY PROCUREMENTS;" and 9 WHEREAS, in order to comply with the Judgment in the case entitled Bonadiman-McCain. 10 Inc.. et al.. v, City of San Bernardino. et aI., San Bernardino County Superior Court Case No, SCV II 25155, it is necessary to repeal the policy enacted by Resolution No, 93-411 and replace it with the 12 policy contained in this Resolution; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 15 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION I, The City of San Bernardino hereby adopts the policy entitled "Policy Relating 17 to Minority Business Enterprises, Women Business Enterprises and Other Business Enterprises in 18 City Procurements" attached hereto marked Exhibit "A" and incorporated by reference as though 19 fully set forth, Said Policy shall supersede and replace the policy adopted by Resolution No, 93-411, 20 which is hereby repealed, 21 SECTION 2, The Affirmative Action Officer is authorized and directed to coordinate and 22 develop the procedures to implement said Policy, 23 III 24 III 25 III 26 III 27 III 28 III I , ,,-, i,~t)O I RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY RELATING TO MINORITY BUSINESS ENTERPRISES, WOMEN BUSINESS ENTERPRISES 2 AND OTHER BUSINESS ENTERPRISES IN CITY PROCUREMENTS, 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20 h 5 day of Novem,b~95, by the following vote, to wit: 6 COUNCIL MEMBERS: 7 NEGRETE 8 CURLIN 9 HERNANDEZ 10 OBERHELMAN II DEVLIN 12 POPE-LUDLAM 13 MILLER 14 15 16 17 ~L~lerk 18 The foregoing resolution is hereby approved thisJ/5f day 19 of November 1995 , 20 21 22 Approved as to form and legal content: 23 JAMES F, PENMAN, Cit rney 24 B: 25 26 27 28 -;~\)lu~ TOM MINOR, Mayor of the City of San Bernardino 2 t1,-~ l/.., ,. ~ POLICY MINORITY, WOMEN AND OTHER BUSINESS ENTERPRISES AND CITY PROCUREMENTS It is the policy of the City of San Bernardino to provide Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs) and all other enterprises an equal opportunity to participate in the performance of all city contracts, Bidders and proposers shall assist the City in implementing this policy by taking all reasonable steps to ensure that all available business enterprises, including local MBEs and WBEs, have an equal opportunity to compete for and participate in city contracts, Bidders' or proposers' good faith efforts to reach-out to MBEs, WBEs and all other business enterprises shall be determined by the following factors: (I) The bidder or proposer attended pre-solicitation or pre-bid meetings, if any, scheduled by the City to inform all bidders or proposers of the requirements for the project for which the contract will be awarded, The City may waive this requirement if the bidder or proposer certifies it is informed as to those project requirements, (2) The bidder or proposer identified and selected specific items of the project for which the contract will be awarded to be performed by sub-contractors to provide an opportunity for participation by MBEs, WBEs and other business enterprises, The bidder or proposer shall, when economically feasible, divide total contract requirements into small portions or quantities to permit maximum participation ofMBEs, WBEs and other business enterprises, (3) The bidder or proposer advertised for bids or proposals from interested business enterprises not less than ten calendar days prior to the submission of bids or proposals, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media specified by the City, (4) The bidder or proposer provided written notice of its interest in bidding on the contract to those business enterprises, including MBEs and WBEs, having an interest in participating in such contracts, All notices of interest shall be provided not less than ten calendar days prior to the date the bids or proposals were required to be submitted, In all instances, the bidder or proposer must document that invitations for sub-contracting bids were sent to available MBEs, WBEs and other business enterprises for each item of work to be performed, The Mayor's Affirmative Action Office shall be available to help identify interested MBEs, WBEs and other business enterprises, (5) The bidder or proposer documented efforts to follow up initial solicitations of interest by contacting the business enterprises to determine with certainty whether the enterprises were interested in performing specific portions of the project. rrmmr 11 ~. , ' /,/, / . (~,;, ,,/ ' (6) The bidder or proposer provided interested enterprises with information about the plans, specifications and requirements for the selected sub-contracting work. (7) The bidder or proposer requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs and other business enterprises not less than fifteen days prior to the submission of bids or proposals, (8) The bidder or proposer negotiated in good faith with interested MBEs, WBEs and other business enterprises and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprise, as determined by the City, As documentation the bidder or proposer must submit a list of all sub-bidders for each item of work solicited, including dollar amounts of potential work for MBEs, WBEs and other business enterprises, (9) The bidder or proposer documented efforts to advise and assist interested MBEs, WBEs and other business enterprises in obtaining bonds, lines of credit, or insurance required by the City or contractor. If the City has established expected levels of participation for MBE and WBE sub- contractors, failure to meet those levels shall not be a basis for disqualification of the bidder or proposer. A determination of the adequacy of a bidder's or proposer's good faith effort must be based on due consideration of the indicia of good faith as set forth above" In the event that the City is considering awarding away from the lowest bidder or not awarding a contract to a proposer because the bidder or the proposer is determined to be non- responsive for failure to comply with the good faith indicia set forth above, the City shall, if requested, and prior to the award of the contract, afford the bidder or proposer the opportunity to prevent evidence to the Mayor and Common Council in a public hearing of the bidder's or proposer's good faith efforts in making its outreach, In no case should the City award away pursuant to this program if the bidder or proposer makes a good faith effort but falls to meet the expected levels of participation, For the purposes of this Policy, "minority" shall be synonymous with "minority person" as defined in California Public Contact Code Section 2000( f), Nothing herein restricts the discretion of the City to reject all bids or proposals in accord with Charter sections 140 and 238 or Chapter 3,04 of the San Bernardino Municipal Code, The directions set forth herein shall take effect immediately, and all City Departments shall modify their implementation programs to the extent such programs are inconsistent with this Policy,