No preview available
HomeMy WebLinkAbout2007-035 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-1~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AMENDMENT NO. ONE TO THE CALTRANS DISADVANTAGED BUSINESS ENTERPRISE (DBE) RACE-NEUTRAL IMPLEMENTATION PROGRAM AGREEMENT FOR FEDERAL FINANCIAL ASSISTANCE PROJECTS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: WHEREAS, 49 CFR Part 23 heretofore requires a Disadvantaged Business Enterprises (DBE) Program for recipients of Federal Department of Transportation funds; and. WHEREAS, the City of San Bernardino, in order to be eligible, adopted the California Department of Transportation's Disadvantaged Business Enterprise Race-Neutral Implementation Agreement (hereafter "AGREEMENT" ), effective May 1,2006, pursuant to City Resolution No. 2006-239; and WHEREAS, effective November 15, 2006, the Division of Local Assistance has required that local agencies either execute an amendment to the existing AGREEMENT, or execute a new updated Agreement reflecting the changes in Local Programs Procedure (LLP), LPP 06-06, "Deletion of DBE Availability Advisories and other Technical Changes", released November /4,2006, to be eligible for Federal funds; and WHEREAS, the City of San Bernardino intends to be a sub-recipient of Federal Department of Transportation funds; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: I. The City of San Bernardino hereby adopts "AMENDMENT NO. ONE TO THE DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT", and the City Engineer is hereby authorized to execute said amendment, attached hereto and incorporated in this resolution as Exhibit A. /II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING AMENDMENT NO. ONE TO THE CAL TRANS DISADVANTAGED BUSINESS ENTERPRISE (DBE) RACE-NEUTRAL IMPLEMENTATION PROGRAM AGREEMENT FOR FEDERAL FINANCIAL ASSISTANCE PROJECTS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the day of Feb. 5th ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X BAXTER X BRINKER X - DERRY X KELLEY X JOHNSON X MC CAMMACK X ~~ h_~ City Clerk / -r-A The foregoing resolution is hereby approved this _ \g day of February, 2007. ~~S,MaYOr City of San Bernardino App.roved as to form AMENDMENT NO. ONE TO THE DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT For the City of San Bernardino. hereinafter referred to as "RECIPIENT." Baek2round: A. RECIPIENT executed the California Department ofTransportation's Disadvantaged Business Enterprise Implementation Agreement ( hereinafter referred to as "AGREEMENT" ) on July 10,2006, per Resolution No. 2006-239, as a condition of receiving federal-fmancial assistance. B. Due to the modification of the California Disadvantaged Business Enterprise Program Plan the AGREEMENT requires amending. C. This Amendment is the fllSt amendment to the AGREEMENT. The RECIPIENT agrees to amend their obligations in the existing AGREEMENT and RECIPIENT agrees to keep, perform, and fulfill the promises, conditions and agreements below: Amendment: I. The AGREEMENT is amended as follows: Section V: Race-Neutral Means of Meeting the Annual DBE Goal ( ~26.51 ) of the AGREEMENT is hereby amended to read identically to the Federal Code of Regulations, 49 CFR, Part 26.51. No Other Chanl!e: 2. Except as otherwise expressly provided in this Amendment, all of the terms and conditions of the AGREEMENT remain unchanged and in full force and effect. /1//1//1/1/1/1//1/1/1//1/1//1 /I /I /1/ I /1/ II /1/ /1/ /I /1/ II /1/ I /1/ I /1/ II /1/ /11111 /1/ I /1/ I /1/ /1111 /1/ /I /1/ /1/ /1/ II /1/ I /I /II /1/ /II Response to change. to CALTRANS DBE PROGRAM pct UJ> 06-06 November 14, 2006 Amendment to DOE Race-Neutnlllmplementalion AGREEMENT Page 2 AeeeDtaDee: REaPIENf: By lAte: ;J -6 -p1 LANCAS1ER City Engineer I Deputy Directoc ofDevelqmm Services DBE Liaisoo Officer (DBELO) 300 N. ''!Y' Street, 3M Floor San Bernardino, CA 92418-000 I E-mail: lancaster_ma@cLsan-bemardino.ca.us Phone Nwnber: (909) 384-5125 This amendment to the California Department of Transportation's Disadvantaged Business Enterprise Program Plan Implementation Agreement is accepted by: f-l--y-- S YEUNG Local Assistance Engineer (DLAE) Caltrans District 8 Date: :J./Jd / (17 Response 10 change. to CALTR.\NS DBE PROGRAM per LLP 06-06 November 14, 2006 Ma~ 31 06 02:07p' Authorized User 909-384-5573 p.3 EXHIIlIT 9A ux.\! A.~..i:il.Ull.:C Pt"OL'(..cJurcs MUlu.,1 DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT For the Citv of San Bernardino, hereinafter referred to as "RECIPIENT." Definition of Terms The terms used in this agreement have the meanings defined in 49 CFR ~ 26.5. II OBJECTIVE/POLICY STATEMENT (~2611. 26/23) c c. The RECIPIENT intends to receive federal financial assistance from the U. S. Deparlment of Transportation (DOn through the California Department of Transportation (Caltrans), and as a condition of receiving this assistance, the RECIPIENT will sign the California Department of Transportation's Disadvantaged Business En\I:rprise Implementation Agreement (hereinafter referred to < as Agreement). The RECIPIENT agrees to implement the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan (hereinafter referred to as the DBE Program Plan) as it pertains to local agencies. The DBE Program Plan is based on U.S. :. __Department of Transportation (DOn, 49 CFR, Part 26 requirements. It is the policy of the RECIPIENT to ensure that DBEs, as defmed in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also their policy: . To ensure nondiscrimination in the award and administration of DOT-assisted contracts. . To create a level playing field on which DBE's can compete fairly for DOT-assisted contracts. . To ensure that their annual overall DBE participation percentage is narrowly tailored, in accordance with applicable law. . To ensure that only fmos that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs. ,To help remove barrien; to the participation ofDBEs in DOT-assisted contracts. . To assist the development of firms that can compete successfully in the market place outside the ORE Program. /II Nonditcrimination (~26. 7) RECIPIENT will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR, Part 26 on the basis of race, color, sex, or national origin. In administering the local agency components of the DIlE Program Plan, the RECIPIENT will nol, directly. or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. 1.l.I'Ci,...OJ Mo\y 1, l:>ot', Hal:! 31 06 02:09p Aut.ho...i%"d US"... 909-384-5573 p.9 F XHIIIIT Q,\ L()c~u A~,.'~fitano.' Proc.'t'\iure,. Mmu:.\1 XVII1 Confidentiality RECIPIENT will safeguard from disclosure to third parties, informalion that may reasonably be regarded as '.Iii"f;;W6__"'~: y3/-06 MARK LANCASTER City Engineer I Deputy DireclDr of Development Services DBE Liaison Officer (DBELO) 300 N. "0" Street, 3" Floor San Bernardino, CA 92418-000 I E-mail: lancaster_ma@cLsan-bemardino.ca.us Phone Number: (909) 384-5125 This California Department of Transportation's ~isadvantaged Business Enterprise Program Plan Implemenlation Agreement is accepted by: J.e- ~ r S NYEUNG Local Assistance Engineer (DLAE) Callrans District 8 Date: 6/?/1/6 OisuibatioCl: (I) Original-ot.AE 121 Copy-locAIlC""Y ....., ti..", br IlLAE DaE a..........II~.......i... A_1or1.ocol Apci,,(Ol1011ll61 !.I.POi..CI f\.'b~' I ~ lCCb I \IIIBII ".Il I.nt'a) Assislance 1)n.H..'l'dun:~ \lilllLlal 2006-239 Exhibit 9.0 Local Agency DOE Annual Submittal Form TO: CAL TRANS DISTRICT 8 District Local Assistance Engineer The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented herein, in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the State of Cali fomi a, Department ofTransportation Disadvantaged Business Enterprise (DB E) Program Plan. The CITY OF SAN BERNARDINO, submits our AADPL information. We have established an AADPL of ...i. % for the Federal Fiscal Year 200612007, beginning on October I. 2006, and ending on September 30. 2007. MethodolollV See A11'AOiMENf "B" to this document. Disadvanta2ed Business Enterprise Liaison Officer fDBELO): The DBE Liaison Officer for the coming Federal Fiscal Year is: Mark Lancaster, City Engineer I Deputy Director of Development Services 300 N. "0" Street. 3111 Floor San Bernardino, CA 92418-0001 Phone Number: (909) 384-5125 Fax: (909) 384-5155 E-mail: lancaster_ma@ci.san-bernardino.ca.us Promot Pav Federal regulation (49 CFR 26.29) requires one of three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage, kept by the prime contractor or subcontractor, to a subcontractor. Altached is a listing of the three methods, on which the City of San Bernardino has designated method of prompt payment provision that will be used. SUbmitted~: /, IIJdl MAR LANCASTER City Engineer I Deputy Director of Development Services OBE Liaison Officer (DBELO) dz( Date: 74(1 -ex, Reviewed by Caltrans: ( -'-' y~ / AN YEUNG Local Assistance Engineer (OLAE) Caltrans District 8 Date: 1/ pZ ~/./ I. ~ . Distribution: (I) Original-DLAE DBE Annual Submittal Form (OSlO 1106) (2) Copy-local agency after signing by DLAE l.Itl' :>,-:l ~'L,,' I. 2:C6 1'.\IIIIlIT'I-1l 1,lll'al Assisli.tllc..: Pn>e..:durcs Manual 2006-239 (Attachment) Promot PlVment of Withheld Funds to Subcontractors Federal regulation (49 CFR 26.29) requires one of the following three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. Please check the box of the method chosen by the local agency to ensure prompt andfuU payment of any retainage. ., No retainage will be held by the agency from progress payments due to the prime contractor. Primecontractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors [1 No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30-days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non- DBE subcontractors. II The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. I.pp :frC J M.\y t. 2CCh