Loading...
HomeMy WebLinkAboutMINUTES - 12011987 - 1.109 09 BOARD OF SUPERVISORS FROM Phil Batchelor Contra. County AdministratorI P.�A Costa DATE: November 23, 1987 �' * SUBJECT: MBE/WBE Contract Compliance Consultation SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION• Approve and authorize the County Administrator to circulate to all interested parties the attached Request for Proposals (RFP) soliciting proposals to perform specified tasks for the County in designing and implementing a contract compliance program for . the County' s Minority— and Women-Owned business policy for construction contracts. BACKGROUND: In September 1987, the Board approved an MBE/WBE policy which applies to construction contracts. An important part of insuring that this. policy is carried out consistent with the Board' s policy is the need for a contract compliance function which is charged with overseeing the policy and insuring that all contracts which are awarded contain the appropriate MBE/WBE conditions. The County intends to hire an employee to carry out this program on an ongoing basis. However, it is essential that the program be designed properly and implemented immediately. We are, therefore, recommending that a consultant be hired to assist the County in setting up a contract compliance program and insuring that it is operating properly while the recruitment for a permanent employee proceeds. In order to select the most qualified contractor for this purpose, it is recommended that the County issue an RFP and evaluate the proposals which are received. We hope to return to the Board January 12 with a contract for the necessary consultant services. CONTINUED ON ATTACHMENT. YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER S I GNATURE(S 1: y ACTION OF BOARD ON _D _ mhPr 1 , 1g87 APPROVED AS RECnMMSNOED /� OTHER _ VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT Z� ) AVD CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: _ OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator - ATTESTED D E C 1 1987 Public Works Director _ __ __ Gen PHIL BATCHELOR, CLERK OF THE BOARD OF General Services Director SUPERVISORS AND COUNTY ADMINISTRATOR Affirmative Action Officer BY /YLI.Gti(�(iL,FrC(} DEPUTY M382/7-83 - of County Administrator Contra Board Tom PoweSupervisors rs County Administration Building 1st District 651 Pine Street, 11th Floor Costa Nancy C. Fanden Martinez, California 94553 (415) 372-4080 County 2nd District Robert I.Schroder Phil Batchelor 3rd District County Administrator Sunne Wright McPeak 4th District Tom Torlakson 5th District December 2 , 1987 Dear Potential MBE/WBE Contract Compliance Consultant: Re: Request for Proposal to Perform Consultation Regarding an MBE/WBE Contract Compliance Program The County of Contra Costa is interested in contracting with an individual, or a firm, to assist the County in establishing and implementing a Minority- and Women-Owned Business (MBE/WBE) contract compliance function. The County' s Board of Supervisors recently approved an MBE/WBE policy which is enclosed as Attachment 1 . This policy applies at this point only to construction contracts awarded by the County. The Board of Supervisors intends to expand this policy to include personal service contracts and County purchasing. Nearly all of the County' s construction contracts are let by either the Public Works Department or General Services Department. Each of these departments has proposed procedures and regulations to implement this Board policy. These procedures and regulations are currently undergoing legal review by the County Counsel' s Office and administrative review by the County Administrator' s Office. The procedures and regulations are available to potential consultants upon request. Providing the general public, the Board of Supervisors and interested minority- and women-owned businesses with assurance that construction contracts are, in fact, being bid and awarded in compliance with the Board' s policy is an important and sensitive oversight function. This assurance must be in a form which can be reviewed and audited in the future by concerned individuals and organizations. Compliance with the Board' s policy must be documented both in terms of the process which was followed in awarding construction contracts and in documenting progress which has been made toward the goals established by the Board of Supervisors. Page 2 County staff do not pretend to be experts in this rather specific and unique contract compliance function. The County does intend to hire a full-time contract compliance officer in the future. However, the County believes it needs expert consultation in the meantime to accomplish the following objectives: a. Establish a contract compliance operation within the Affirmative Action Division and spell out procedures for its operation which are consistent with adopted Board policy and acceptable to this office. b. Familiarize the County' s Affirmative Action Officer with contract compliance policies 'prepared for this County and those operated in other jurisdictions so that she is comfortable in supervising a new employee who may not be familiar with how to operate a contract compliance program. C. Apply the contract compliance program to those contracts which have been awarded since November 1 , 1987 to insure their compliance with the program and to insure that the program is workable. d. Prepare a work program outlining how an MBE/WBE Policy should be applied to this County' s purchasing policy and identify the steps that must be taken to implement such a policy in this County. e. Prepare a work program outlining how an MBE/WBE Policy should be applied to the County's personal service contracting policy and identify the steps that must be taken to implement such a policy in this County. Responses to this Request for Proposal must include the following elements in order to be considered complete: 1. The name, address and telephone number of the firm or individual who proposes to contract with the County. 2. The background and experience of the firm, or individual, in doing NIDE/WBE consultation, both generally and specifically in the area of contract compliance. of particular interest would be experience in helping a state or local government establish a new NIDE/WBE contract compliance program. Page 3 3. If the Proposal is from a firm, a detailed description of which individuals will actually be working with the County, the amount of time each will spend with the County, and the background and qualifications of each such individual. 4. A description of how the firm or individual proposes to carry out each of the five objectives listed above. This description must include a description of what work will have to be done by the County in terms of supplying resources, background and information, and the steps the firm or individual will follow in completing each objective. 5. The fee which will be charged for the entire contract. If possible, it would be helpful to the County to have a separate fee attached to each of the five objectives in case the County decides it does not wish to contract for all five objectives at this time. The description of the fee should include a statement as to whether it includes out-of-pocket expenses. If such expenses are not included, the fee must include a separate estimate of these expenses. 6. A list of current or former clients whom the County may contact for references. Please include the name and telephone number of the contact person with whom we should speak. 7. An estimated date when the firm or individual could begin work for the County, and the approximate length of the engagement until all five objectives are achieved. We do not plan a formal bidders ' conference, but the undersigned is available to answer questions either in person by appointment, or by telephone ( 415) 646-2602. In addition, the County' s Affirmative Action Officer and staff of the Public Works and General Services Departments can be made available to answer questions. All Proposals must be mailed or delivered to the following so as to be received by 5:00 P.M. , Wednesday, December 23--Five copies of each proposal should be included: Claude L. Van Marter Assistant County Administrator County Administration Building 651 Pine Street, 11th Floor Martinez, CA 94553-1290 Page 4 Proposals received after the deadline will not be considered. County staff will review each Proposal and may request personal interviews with one or more firms or individuals prior to making a recommendation to the Board of Supervisors. We anticipate having the Board of Supervisors award a contract on Tuesday, January 12, 1988, although the County reserves the right to extend this date depending on the number and complexity of proposals that are received and the availability of firms and individuals for personal interviews. Very truly yours, 6�e, hh° `ha�4 - CLAUDE L. VAN MARTER Assistant County Administrator CLVM:clg Enclosure ATTACHMENT 1 CONTRA COSTA COUNTY MINORITY AND WOMEN BUSINESS ENTERPRISE PROGRAM FOR CONSTRUCTION CONTRACTS Revised 9/3/87 A. PURPOSE AND APPLICATION 1. The general purpose of this program is to help develop and support Minority and Women Business Enterprises (MBE and WBE) by providing opportunities for participation in the performance of the Construction Contracts financed with County funds. An MBE or WBE means a business enterprise which meets the criteria specified in Public Contract Section 2000. 2. This program applies to construction contracts when the County's estimated contract cost is5$ 0,000 or. more, except when a contract is exempt from competitive bidding under Public Contract code Section 201349 "Emergencies". 3. Where contracts are financed in whole or in part with federal or state funds and the grant, loan or other financing device contaiAs MBE and WBE programs; the County will, where permitted by the grantor, meet the program requirements with the highest MBE/WBE goals. The County Administrator will be responsible for monitoring the program to ensure the goals are met. 4. Since County construction contracts are prepared and administered by the Public Works Department and the General Services Department, each of these departments shall prepare such departmental procedures and contract provisions as are required to implement this program. a. Within 45 days of Board approval of this program, each department (Public Works and General Services) is to submit its proposed departmental procedures and contract provisions to the County Administrator for review and approval. b. The departmental procedures and contract provisions shall be in effect for all bid documents issued after the date of the County Administrator's approval. c. The departments shall specify in their contract provisions that failure to carry out the County MBE and WBE goals and requirements, as specified in each contract, shall constitute a breach of contract and, after notification by the County, may result in termination of the contract by the County or such other remedy as set forth in the approved departmental contract provisions. B. GOALS: 1. To implement the purpose of this program, at least thirteen percent of the total of all construction contract award amounts in each fiscal year, in each Department, shall be the goal established for MBE firms and at least two percent shall be the goal established for WBE firms, starting with fiscal year 1987-1988, beginning on the date departmental procedures become effective under Section A 4(b), above. It is further the intent of the Board of Supervisors to encourage, when permitted by law, the use of local Contra Costa County MBE/WBE Program for Construction Contracts Page Two (defined as located within Contra Costa County) contractors and subcontractors whenever doing so will not materially increase the cost of the contract and the contractors or subcontractors are otherwise essentially equal in cost and ability to perform the requirements of the contract. 2. The Department Head may determine that higher or lower goals are appropriate on a project-by-project basis, where it can be shown that the type, size or location of the project will affect the availability of MBE and WBE firms, so long as the aggregate of all contracts does not lower the annual goals. C. BID DOCUMENTS: 1. Bidders shall submit MBE/WBE information with their Bids. Such information shall be subject to verification by the county prior to the award of the contract. The information shall include names of MBE/WBE' to be used, the dollar value of each such MBE/WBE transaction and whether the MBE/WBE to be used is local. 2. Contractors, subcontractors, suppliers or MBE/WBE members of a joint venture intended to satisfy County MBE/WBE goals shall be certified by the State Department of Transportation (DOT) or shall be listed in another Public Agency registry. The County Department may accept any of the following as alternate sources of certified MBEs and WBEs: a. Listing .in a Contra Costa County registry established in accordance with Section D. b. Self-certification form for an MBE/WBE, or and MBE/WBE member of a joint venture, not already listed in the Registry or certified by the DOT. C. Evidence of certification on the self-certification form shall be submitted to the County on or before the bid opening. D. REGISTRY: 1. Each Department may establish and maintain a registry of self-certified Minority Business and Women-owned Business Enterprise in construction. 2. The purpose of the Registry is to provide a resource for prime bidders .on County construction who intend to solicit bids from MBE and WBE subcontractors and suppliers to meet County MBE or WBE goals. The Registry will not constitute a recommendation or endorsement of any listed firm. Contra Costa County MBE/WBE Program for Construction Contracts Page Three 3. The registry will be developed and maintained by advertising, at least yearly, for letters of interest from MBE firms, WBE firms, and Community organizations (e.g. , Contra Costa County Black Chamber of Commerce, Contra Costa Hispanic Chamber of Commerce, Contra Costa County Minority Contractors Association, an Asian Contractors' Association, a representative of Women-owned Contractors' Association, and the One Stop Service Center) wishing to be included in the registry and notified of construction contracts including sole source contracts. Advertisements will be placed in the Daily Pacific Builder and in one or more local newspapers of general circulation. The certification_ process will involved submission of a self-certification form similar to "Schedule A" and "Schedule B" which are now required for federal aid construction projects. j The submitted form will be subject to approval by the Coupty Department Head or his designee. I 4. All MBEs/WBEs will be required, on an annual basis, to update their self-certification form by submitting a new form. Also, when there is a change in the information given on a form, the firm will be required to submit a new self-certification form for approval. 5. The self-certification form shall be reviewed by the Department Head or his designee to determine eligibility in accordance with criteria given in "Federal Requirements for Federal-Aid Construction Projects", Subject A, Section 23.53, as adopted by each Department. All information submitted by applicants in subject to verification by the"Department. E. AWARD OF CONTRACTS: 1. If a construction contract is to be awarded, it shall be awarded in accordance with the Public Contract Code to the lowest responsible bidder who also does either of the following: a. Meets the County goals and requirements set forth in this Program and in the Contract provisions. If the bidder does not meet the County goals and requirements, the Department Head shall evaluate the good faith effort of the bidder to comply with them as provided below. b. Makes a good faith effort to comply with these goals and requirements, before the time bids are opened, in accordance with the criteria set forth in Section 2000 of the Public Contract Code. 2. Where these goals and requirements are not met and , a good faith effort is claimed by the apparent lowest responsible bidder, the bidder shall be required to submit documentation before the contract award to show that the criteria for good faith effort have been met. 3. Once a firm is determined to be an eligible MSE/WBE, and before contract award, the total dollar value to be paid to the MBE/WBE shall be evaluated in accordance with the requirements specified in "Federal Requirements for 3' Contra Costa County MBE/WBE Program for Construction Contracts Page Four Federal-Aid Construction Projects," Subpart A, Section 23.47 "Counting MBE Participation Toward Meeting MBE Goals," as adopted by each Department. If the evaluation shows that the bidder has not met or made a good faith effort to meet the contract goals for MBE and WBE participation, the bidder shall be disqualified. F. SUBSTITUTION OF SUBCONTRACTORS If an MBE or WBE subcontractor is to be substituted in accordance with State law, the Contractor shall be required to make reasonable efforts to replace the original MBE or WBE subcontractor with another MBE or WBE subcontractor. G. YEARLY REVIEW: ; 1. Each Department shall submit yearly progress reports to the County Administrator, beginning in July 1988. 2. The County Administrator shall submit a report to the Board of Supervisors in July 1988 and periodically thereafter at his discretion. 3. Progress reports shall include the percentages of the dollar value of all contracts awarded to MBEs and WBEs during the reporting period. If goals were not met, reports shall include recommendations for correcting deficiencies. I.