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HomeMy WebLinkAboutRS2- Economic Development E C O N O M I C D E V E L O P M E N T A G E N C Y OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION From: TIMOTHY C. STEINHAUS Subject: MINORITY AND WOMEN'S Agency Administrator BUSINESS ENTERPRISE POLICY Date: November 10, 1993 ------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): None. ------------------------------------------------------------------------------- Recommended Motion(s): (Community Development Commission) MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES IN AGENCY PROCUREMENT. MOTION B: That the Community Development Commission authorize the Chairman to execute said policy and direct the Agency Administrator to develop Standard Operation Procedures to facilitate implementation within ninety (90) days. �I�IfJJA,I P TIMOTHY C. STEI#HAUS Agency Administrator ------------------------------------------------------------------------------- Contact Person(s): Timothy C. Steinhaus Phone: 5081 Project Area(s) : City-Wide Ward(s) : City-Wide Supporting Data Attached: Staff Report; MBE/WBE Business Enterprise Policy; Resolution FUNDING REQUIREMENTS: Amount: t N/A Source: N/A Budget Authority: N/A ------------------------------------------------------------------------------- Commission/Council Notes: I ------------------------------------------------------------------------------- KJH:SWP:dle:6242R COMMISSION MEETING AGENDA Meeting Date:11/15/1993 Agenda Item Number: D E V E L O P M E N T D E P A R T M E N T OF THE CITY OF SAN BERNARDINO STAFF REPORT ----------------------------------------------------------------------------- MINORITY & BUSINESS ENTERPRISE POLICY On November 1,1993, the Common Council adopted a policy regarding the utilization of minority and women-owned business enterprises in various disciplines regarding construction, professional services, procurement and other services. It established participation goals of fifteen (15) percent for minorities and five (5) percent for women in contracts at or above of $25,000. While the Agency has an existing adopted policy, it is not as comprehensive as the subject one. Notwithstanding, actual implementation and utilization of the existing policy has been good. It is both timely and appropriate for the Agency to adopt the attached policy that actively and aggressively seeks to involve the utilization of minorities and women in the business it conducts and/or generates. The proposed policy utilization goals are identical to those of the City. If the policy resolution is adopted, accompanying Standard Operating Procedures will be developed at the staff level to facilitate implementation within ninety days of Commission approval. Based on the foregoing, staff recommends adoption of the attached resolution and form motion. Au TIMOTHY C. STE NHAUS, Agency Administrator Economic Development Agency --------------------------------------------- -- ---------------------- KJH:SWP:dle:6242R COMMISSION MEETING AGENDA Meeting Date:11/15/1993 Agenda Item Number: ,�- 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 3 OF SAN BERNARDINO ADOPTING A POLICY ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES IN AGENCY PROCUREMENTS FOR THE SAN 4 BERNARDINO ECONOMIC DEVELOPMENT AGENCY. 5 WHEREAS, it is the desire of the Community Development 6 Commission to encourage the participation of Minority and Women I Business Enterprises in Agency procurement for the San Bernardino 8 Economic Development Agency and, 9 WHEREAS, Public Contract Code Section 2000 et. seq. allows a 10 local agency to establish goals and requirements for Minority and Women 11 Business Enterprises participation in Agency procurement. 12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMUNITY 13 DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO9 AS FOLLOWS: 14 1. The San Bernardino Community Development Commission hereby 15 adopts the policy entitled "Minority and Women's Business Enterprise 16 Policy" attached hereto as Exhibit A and incorporated herein as 17 though fully set forth. 18 2. Said policy shall be implemented within ninety days afte 19 adoption and shall remain in effect until December 31, 1996, unless 20 further extended by action of the Mayor and Communicty Development 21 Commission. 22 3. The Agency Administrator is authorized and directed to 23 coordinate and develop the procedures to implement said policy. 24 25 26 27 28 f 1 RESOLUTION OF THE SAN BERNARDINO ECONOMIC DEVELOPMENT COMMISSION ADOPTING A POLICY ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS 2 ENTERPRISES IN CITY PROCUREMENTS. I HEREBY CERTIFY that the foregoing resolution was duly adopted 4 by the Community Development Commission of the City of San Bernardino 5 at a meeting thereof, held on the day of 6 1993, by the following vote, to wit: 7 8 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT 0 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 18 Secretary 19 The foregoing resolution is hereby approved this day of 1993. 20 21 Chairman of the Community Development Commission of the 22 City of San Bernardino 23 Approved as to form and legal content: 24 25 BY: Agency C nsel 26 27 28 ECONOMIC DEVELOPMENT AGENCY MINORITY AND WOMEN DISADVANTAGED BUSINESS ENTERPRISE POLICY POLICY STATEMENT It is the policy of the Community Development Commission of the City of San Bernardino to encourage the participation of Minority and Women Business Enterprises (M/WBEs) in all agreements relating to and in the areas of construction, professional services, procurement (supplies/material/equipment) and other services . Such policy shall apply to the implementation of State and Federal requirements which mandate the use of M/WBEs . This policy is adopted to ensure M/WBEs an equal opportunity to access and participate in funds spent pursuant to Agency agreements for construction, professional services and procurement, as well as I to promote increased participation of M/WBEs in joint ventures and as sub-contractors with non-M/WBEs . POLICY AMPLIFICATION I . SCOPE This policy shall apply to all Agency purchase orders, agreements for construction, professional services and procurement, individually or cumulatively for one contractor or firm. Further, it shall be exercised in any agreement exceeding $25, 000 for firms or individuals engaged in business activities, paid in whole or in part from Agency funds . I To the extent any conflict occurs between this policy and requirements imposed by the Federal or State government, relating to participation in a contract by M/WBEs as a condition of receipt of Federal or State funds, the Federal or State requirements shall prevail . In the implementation of activities carried out utilizing funds exclusively from the City of San Bernardino, the Agency shall subordinate this policy to that of the City of San Bernardino. SWP:AFIRM(11/10/93) PAGE 1 EXHIBIT "A" II . FUNCTIONS A. All departments of the Economic Development Agency will ensure M/WBEs have maximum and practical opportunities to compete for Agency contracts, agreements and purchase orders . B. Annually, the Economic Development Agency Administrator or designee, shall recommend to the Community Development Commission goals for M/WBEs anticipation in Agency contracts, agreements and purchase orders . C. The Agency Administrator or designee shall : 1 . Review or direct the review of all Agency contracts, agreements and purchase orders of $25, 000 or above, to assure compliance with this policy prior to approval and/or submission to the Community Development Commission. 2 . Develop, maintain and/or direct the development of Agency procedures to assure the proper implementation of this policy. 3. Annually provide a written report to the Chairman and Community Development Commission outlining Agency achievements and the following information: a. Data required to make recommendations . b. An analysis of the data presented. C. Recommendations regarding the strengths and weaknesses of the previous years program activity. d. Recommended actions to improve the quality of the program. e. Supportive documentation and recommendations for goal adjustments based on the availability of M/WBEs and proven success factors . 4 . Provide assistance to all departments and contracting entities utilizing Agency funds related to the implementation, interpretation nd enforcement of this policy. SWP:AFIRM(11/10/93) PAGE 2 EXHIBIT "A" DEFINITIONS The definition of Minority and Women Business Enterprises set forth in Public Contracts Code Section 2000 et eq. shall apply to this policy. PROCEDURES MANUAL An Agency Standard Operating Procedures Manual (SOP) will be developed of the Agency Administrator, or designee, to assure adequate and uniform implementation by the M/WBE program by all affected departments . GOALS The Economic Development Agency goal is to achieve fifteen (150) percent participation of Minority Business Enterprises (MBE) and five (50) percent of Women Business Enterprises (WBE) in all Agency contracts agreements, contracts and purchase orders over $25, 000 . SWP:AFIRM(11/10/93) PAGE 3 EXHIBIT "A" E C O N O M I C D E V E L O P M E N T A G E N C Y OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION e From: TIMOTHY C. STEINHAUS Subject: MINORITY AND WOMEN'S Agency Administrator BUSINESS ENTERPRISE POLICY Date: November 10, 1993 ------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): None. ------------------------------------------------------------------------------- Recommended Motion(s): (Community Development Commission) MOTION A: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES IN AGENCY PROCUREMENT. MOTION B: That the Community Development Commission authorize the Chairman to execute said policy and direct the Agency Administrator to develop Standard Operation Procedures to facilitate implementation within ninety (90) days. TIMOTHY C. STEI#HAUS Agency Administrator ------------------------------------------------------------------------------- Contact Person(s): Timothy C. Steinhaus Phone: 5081 Project Area(s): City-Wide Ward(s) : City-Wide Supporting Data Attached: Staff Report; MBE/WBE Business Enterprise Policy; Resolution FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A Budget Authority: N/A ----------------------= -�-------- _�_ _ -------- ------------------------ Commission/Council Notes• ------------------------------------- ------------------------------- KJH:SWP:dle:6242R COMMISSION MEETING AGENDA Meeting Date:11/15/199p3 CS_ Agenda Item Number: , D E V E L O P M E N T D E P A R T M E N T OF THE CITY OF SAN BERNARDINO STAFF REPORT MINORITY & BUSINESS ENTERPRISE POLICY On November 1,1993, the Common Council adopted a policy regarding the utilization of minority and women-owned business enterprises in various disciplines regarding construction, professional services, procurement and other services. It established participation goals of fifteen (15) percent for minorities and five (5) percent for women in contracts at or above of $25,000. While the Agency has an existing adopted policy, it is not as comprehensive as the subject one. Notwithstanding, actual implementation and utilization of the existing policy has been good. It is both timely and appropriate for the Agency to adopt the attached policy that actively and aggressively seeks to involve the utilization of minorities and women in the business it conducts and/or generates. The proposed policy utilization goals are identical to those of the City. If the policy resolution is adopted, accompanying Standard Operating Procedures will be developed at the staff level to facilitate implementation within ninety days of Commission approval. Based on the foregoing, staff recommends adoption of the attached resolution and form motion. ( TIMOTHY C. STE NHAUS, Agency Administrator ' Economic Development Agency ------------------------------------------------------------------------------- KJH:SWP:dle:6242R COMMISSION MEETING AGENDA Meeting Date:11/15/1993 n Agenda Item Number: 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY { 3 OF SAN BERNARDINO ADOPTING A POLICY ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS ENTERPRISES IN AGENCY PROCUREMENTS FOR THE SAN 4 BERNARDINO ECONOMIC DEVELOPMENT AGENCY. 5 WHEREAS, it is the desire of the Community Development 6 Commission to encourage the participation of Minority and Women Business Enterprises in Agency procurement for the San Bernardino 8 Economic Development Agency and, 9 WHEREAS, Public Contract Code Section 2000 et, seq. allows a 10 local agency to establish goals and requirements for Minority and Women 11 Business Enterprises participation in Agency procurement. 12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMUNITY 13 DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO9 AS FOLLOWS: 14 1. The San Bernardino Community Development Commission hereby 15 adopts the policy entitled "Minority and Women's Business Enterprise 16 Policy" attached hereto as Exhibit A and incorporated herein as 17 though fully set forth. 18 2. Said policy shall be implemented within ninety days afte 19 adoption and shall remain in effect until December 31, 1996, unless 20 further extended by action of the Mayor and Communicty Development 21 Commission. 22 3. The Agency Administrator is authorized and directed to 23 coordinate and develop the procedures to implement said policy. 24 25 26 27 28 ION, 1 RESOLUTION OF THE SAN BERNARDINO ECONOMIC DEVELOPMENT COMMISSION ADOPTING A POLICY ESTABLISHING GOALS FOR MINORITY AND WOMEN BUSINESS 2 ENTERPRISES IN CITY PROCUREMENTS. 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted 4 by the Community Development Commission of the City of San Bernardino 5 at a meeting thereof, held on the day of 6 1993, by the following vote, to wit: 7 8 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT 0 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM 15 MILLER 16 17 18 Secretary 19 The foregoing resolution is hereby approved this day of 1993. 20 21 Chairman of the Community Development Commission of the 22 City of San Bernardino 23 Approved as to form and legal content: 24 25 BY: Agency C nsel 26 27 28 ECONOMIC DEVELOPMENT AGENCY MINORITY AND WOMEN DISADVANTAGED BUSINESS ENTERPRISE POLICY POLICY STATEMENT It is the policy of the Community Development Commission of the City of San Bernardino to encourage the participation of Minority and Women Business Enterprises (M/WBEs) in all agreements relating to and in the areas of construction, professional services, procurement (supplies/material/equipment) and other services . Such policy shall apply to the implementation of State and Federal requirements which mandate the use of M/WBEs. This policy is adopted to ensure M/WBEs an equal opportunity to access and participate in funds spent pursuant to Agency agreements for construction, professional services and procurement, as well as to promote increased participation of M/WBEs in joint ventures and as sub-contractors with non-M/WBEs. POLICY AMPLIFICATION I. SCOPE This policy shall apply to all Agency purchase orders, agreements for construction, professional services and procurement, individually or cumulatively for one contractor or firm. Further, it shall be exercised in any agreement exceeding $25, 000 for firms or individuals engaged in business activities, paid in whole or in part from Agency funds. To the extent any conflict occurs between this policy and requirements imposed by the Federal or State government, relating to participation in a contract by M/WBEs as a condition of receipt of Federal or State funds, the Federal or State requirements shall prevail . In the implementation of activities carried out utilizing funds exclusively from the City of San Bernardino, the Agency shall subordinate this policy to that of the City of San Bernardino. SWP:AFIRM(11/10/93) PAGE 1 EXHIBIT "A" II. FUNCTIONS A. All departments of the Economic Development Agency will ensure M/WBEs have maximum and practical opportunities to compete for Agency contracts, agreements and purchase orders . B. Annually, the Economic Development Agency Administrator or designee, shall recommend to the Community Development Commission goals for M/WBEs anticipation in Agency contracts, agreements and purchase orders . C. The Agency Administrator or designee shall : 1 . Review or direct the review of all Agency contracts, agreements and purchase orders of $25, 000 or above, to assure compliance with this policy prior to approval and/or submission to the Community Development Commission. 2 . Develop, maintain and/or direct the development of Agency procedures to assure the proper implementation of this policy. 3. Annually provide a written report to the Chairman and Community Development Commission outlining Agency achievements and the following information: a. Data required to make recommendations . b. An analysis of the data presented. C. Recommendations regarding the strengths and weaknesses of the previous years program activity. d. Recommended actions to improve the quality of the program. e. Supportive documentation and recommendations for goal adjustments based on the availability of M/WBEs and proven success factors . 4 . Provide assistance to all departments and contracting entities utilizing Agency funds related to the implementation, interpretation nd enforcement of this policy. SWP:AFIRM(11/10/93) PAGE 2 EXHIBIT "A" DEFINITIONS The definition of Minority and Women Business Enterprises set forth in Public Contracts Code Section 2000 et eq. shall apply to this policy. PROCEDURES MANUAL An Agency Standard Operating Procedures Manual (SOP) will be developed of the Agency Administrator, or designee, to assure adequate and uniform implementation by the M/WBE program by all affected departments . GOALS The Economic Development Agency goal is to achieve fifteen (150) percent participation of Minority Business Enterprises (MBE) and five (50) percent of Women Business Enterprises (WBE) in all Agency contracts agreements, contracts and purchase orders over $25, 000 . SWP:AFIRM(11/10/93) PAGE 3 EXHIBIT "A"