HomeMy WebLinkAboutMINUTES - 11171992 - 2.5 2 . 5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
ADOPTED this Order on November 17, 1992, by the following vote:
AYES: Supervisors Powers, Torlakson, McPeak
NOES: Supervisor Schroder
ABSENT: Supervisor Fanden
ABSTAIN: None
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Subject: Ratification and Adoption of: Minority and
Women Business Enterprise Program
Scott Tandy, Assistant County Administrator, and Emma
Kuevor, Affirmative Action Officer, presented to the Board this
day the recommendations contained in the report of the County
Administrator providing for the ratification and adoption of the
County's Minority and Women Business Enterprise Program. A copy
of the report is attached and included as a part of this Order.
Following Mr-. Tandy's synopsis of the recommendations,
Supervisor Schroder questioned the rationale for the definition
of Hispanic being confined to those individuals from the Americas
and that excludes Portuguese and European Spanish.
Ms. Kuevor replied that initially the Minority and Women
Business Enterprise Program adopted that same definition used in
the County Employment Program, which includes European Spanish
but excludes Portuguese from that definition. She advised that
in 1989, because of community input and concern, the definition
was changed to exclude the European Spanish and to only adopt the
South American/Central American definition. She noted that the
Portuguese nationality has not historically been viewed as one
that has received discrimination and that, at the hearings held
during the Croson Study with Alameda County, no Portuguese firms
came forward and said they should be included or that they had
been discriminated against. She explained that the study
conducted by the County does not provide any statistical or
anecdotal testimony from the Portuguese as a group to include
them in the program.
V. Westman, County Counsel, advised that when the County did
its Croson Study, no evidentiary basis was developed as to
discrimination involving the Portuguese. He noted that a number
of statements have been made in recent proceedings but that no
testimony was provided. Mr. Westman recommended that if this is
to be pursued further, it be done as an additional component of a
Croson Study which would involve some significant effort and a
question of who is going to finance that effort.
In response to a question of Supervisor Torlakson on the
recognition of Portuguese in their minority policy, Ms. Kuevor
advised that the State only includes Portuguese in some disad-
vantaged business programs so that anyone who meets their
criteria of being disadvantaged can be a part of the State's
program.
Supervisor McPeak requested information on how the various
goals and percentages were established and their relationship to
the various categories.
Ms. Kuevor explained that the percentages were based on the
County's study area, the availability of data, and the different
trades or occupations for those areas, such as construction, and
purchasing. She advised that the percentages applicable to
professional services required the review of each standard
industry classification (SIC) code which provided for a different
percentage because of the availability of specific data to
support them.
The following persons spoke:
Nicolas C. Vaca, Advisory Council on Equal Opportunity, 1850
Mt. Diablo Boulevard, Suite 400, Walnut Creek;
Hugo Delgado, Hispanic Chamber of Commerce, 1707 Garriety
Court, Pinole;
Wayne Smith, spoke on behalf of Henry Dias and Hispanics of
Portuguese Descent, 1616 N. California Boulevard,
Suite 650, Walnut Creek;
Jonathan Dumas, Advisory Council on Equal Opportunity, 330
25th Street, Richmond;
Clifford Tong, Small Business Connection, 1091A Orchard
Road, Lafayette; and
Thomas T. Holsman, Executive Director, Associated General
Contractors of California, Inc. , 1350 Treat Boulevard,
Suite 450, Walnut Creek.
The Chair noted that written comments were received from
Janet Scoll Johnson, dba Janet Scoll Electric, 5804 Alameda
Avenue, Richmond.
Supervisor McPeak expressed concern that there are
contractors desiring to work with the MBE/WBE Program but who are
having difficulty in obtaining bonding, and of her belief that
this issue should be further reviewed. She proposed referring
this to a Board Committee because of the need to locate a
financing pool to be able to address the bonding requirement on
MBE/WBE firms. She advised that a good faith effort would be
needed by the business community and the construction community,
which would have a panel of people familiar with the construction
industry to help in the recruitment of those firms who could be
available to qualify and be covered by such a pool.
Supervisor Powers advised that he would be prepared to vote
on the program today. He expressed his appreciation for the work
of staff, the committee, and the many organizations that have
worked on this effort. He advised of his support for a Board
Committee to review the establishment of a financial pool for
these contractors, including a procedure to waive the bonding
requirement of a general contractor of the subcontractor or
delaying payment until the work is done. He expressed support
for the threshold level of the MBE/WBE Program for construction
contracts to the formal bid level of $50, 000. Supervisor Powers
expressed his support for the Latino definition of Hispanic and
advised that the definition can be changed if other evidence
becomes known.
On motion of Supervisor Powers, seconded by Supervisor
Torlakson, IT IS BY THE BOARD ORDERED that the recommendation of
the County Administrator, including the findings set forth in the
report, are APPROVED, thereby ratifying and confirming the
Minority and Women Business Enterprise Program, adopting the
Latino definition (which excludes Portuguese and European
Spanish) , and approving the existing MBE/WBE Program threshold
level of $50, 000 for construction contracts.
IT IS FURTHER ORDERED that the proposals for a bonding
program for MBEs and WBEs, the establishment of a reserve payment
pool and potential funding sources are REFERRED to the Finance
Committee for review.
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IT IS FURTHER ORDERED that any County department that wishes
to propose a streamlined program for MBE/WBE compliance that
would be a more direct way of achieving accountability and
MBE/WBE goals work with the County Administrator's Office and the
County's Affirmation Action Officer and submit such proposal in
writing for the Board's consideration.
In voting against the motion, Supervisor Schroder advised
that he was having difficulty with the definition of Latino
referring to all persons having origins in Mexico, Puerto Rico,
Cuba, Central or South America regardless of race and how this
definition is going to be used in determining eligible
contractors. He further advised that he believed that Portuguese
should be included in the definition.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN .
ATTESTED: _November 17, 1992
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
By Deputy
cc: County Administrator
Finance Committee
Affirmative Action Officer
County Counsel
Ci S
TO: BOARD OF SUPERVISORS Contra
;•r A
FROM: Phil Batchelor "3 Costa
County Administrator
County
DATE:
November 17, 1992
SUBJECT: Ratification and Adoption of Minority and
Women Busiinpq4 Enterprise Program
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SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
1. FIND and DETERMINE that the facts recited in the Background/Reasons for
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Recommendations are:itrue and correct.
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2. FIND and DETERMINE that there is statistical, anecdotal and other evidence of pervasive
discrimination againsjt MBEs and WBEs within the private sector (i.e. , construction,
professional/personal services, and commodity vending trades) in Contra Costa County and
other geographic areas with which the County does business.
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3. FIND and DETERMINE that, within Contra Costa County and other geographic areas with
which the County does business, the number of qualified MBEs and WBEs in the
construction, professional/personal services, and commodity vending trades substantially
exceeds the number of such firms utilized on both County and private projects; and that
this under-utilization constitutes further evidence of discrimination against MBEs and
WBEs.
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4. FIND and DETERMINE that, while the NERA study did not establish discrimination on the
part of the County, the County's conduct of business with firms in the private sector has
the potential to counteract and discourage discrimination against MBEs and WBEs in the
private sector.
5. FIND and DETERMINE that, in order to remedy discrimination against MBEs and WBEs in
the private sector, it is necessary and desirable that the County continue its current
M/WBE program in effect and make certain modifications to that program.
6. FIND and DETERMINE that: the Board has considered various race neutral measures;
certain race neutral ;measures that would be effective have been incorporated into this
Board Order but would be insufficient by themselves (i.e. , without a goals program) to
remedy discrimination against M/WBEs; and those race neutral measures that have not been
implemented would be ineffective in remedying discri 'nation agains M/WBEs, would be
precluded by law, or would otherwise be infeasible
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
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SIGNATURE(S):
..\ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
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SEE SEPARATE BOARD ORDER
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VOTE OF SUPERVISORS
I EBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND C ECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTER N THE MINUTES OF THE BOARD
ABSENT: ABST OF SUPERVISORS THE DATE SHOWN.
CC: ATTESTED
PHIL BATCHELOR,CLERK THE BOARD OF
SUPERVISORS AND COUNTY A ISTRATOR
BY DEPUTY
M3 (10/88) �-�
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RATIFY and CONFIRM, pursuant to Public Contract Code section 2000, the United States
Constitution and all other applicable legal authorities, the County's existing Minority and
Women Business Enterprise Program, which was implemented in part by Board Orders dated
September 15, 1987 and July 12, 1988, and ADOPT the following modifications to the
County's existing program:
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a. The goals for MBE and WBE participation on County-funded construction projects
shall be 14%and,16%respectively. These goals shall apply to all construction projects
exceeding $25,000.00 or $10,000.00, depending upon the applicable public bidding
statute.
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b. The goals for MBE and WBE participation on professional/personal services contracts
entered into by the County shall be 24% and 44% respectively. Where services fall
within a clearly; identifiable Standard Industrial Classification (SIC) code to which
different availability percentages apply, these goals will be lowered or raised
accordingly.
C. The goals for MBE and WBE participation on commodity purchases made by the
County shall be 11% and 10% respectively.
d. In order to receive credit against the above goals, an MBE or WBE must meet the size
criteria of the Small Business Administration set forth in volume 13 of the Code of
Federal Regulations, chapter 1. Verification of size parameters will be made during
the certification process. There will be no self-certification.
e. In order to receive credit against the above goals, an MBE must be owned, managed
and controlled by a qualified person or persons from one of the ethnic groups listed
in the definitions attached to this Board Order and must be certified by the County
or another acceptable agency. The attached definitions are the same definitions
used in the Census of Minority and Woman-Owned Businesses, which was used by
NERA to determine M/WBE availability. European Spanish are included in the
Hispanics group, but Portuguese are not. American Indians/Alaskan Natives are
included in the:lAsians and Other Minorities group.
f. In order to receive credit against the above goals, a WBE must be owned, managed
and controlled by a qualified woman or women and must be certified by the County
or another acceptable agency.
g. Firms owned, managed and controlled by minority women that are certified by the
County or another acceptable agency shall receive credit against both MBE and WBE
goals.
h. In evaluating a prime contractor's good faith effort to meet project M/WBE goals, the
County shall consider the criteria attached to this Board Order, giving such weight
to the various criteria as it deems appropriate.
i. Prime contractors on County-funded construction projects exceeding $1 million are
encouraged to meet or exceed the federal and state standard goals for minority and
women workforce participation of 25.7% and 6.9% respectively.
8. DIRECT the County Counsel to develop, for consideration and adoption by the Board, a
procedure by which ::a contractor may object to a recommended determination by the
Contract Compliance Officer that the contractor has failed to meet project goals or to
demonstrate a good faith effort to meet the goals.
9. DIRECT the Public Works Department and General Services Department to do all of the
following:
a. Establish procedures soliciting and providing opportunities to certified MBEs and
WBEs for County-funded construction contracts involving $25,000/$10,000 or less.
b. No later than 15 days after the end of each calendar quarter, submit a report to the
Contract Compliance Officer listing:
(1) name of contract
(2) type of contract
(3) number of firms solicited
(4) number of MBEs and WBEs solicited
(5) dollar amount of contract
(6) contract''completion or expiration date
(7) name of awardee
(8) total number and dollar amount of contracts for the quarterly reporting period
C. Continue purchasing outreach activities to advise vendors of upcoming contracts,
requirements and procedures.
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d` Advise and encourage prime contractors to pay all subcontractors, truckers and
suppliers within ten days of receiving County payments.
10. DIRECT the Contract Compliance Officer to contact the AGC, Minority Business
Development Agency, Women Contractors Association and minority contractors associations
to request them to:
a. Co-sponsor with Contra Costa County a series of workshops on
bonding, financing, business strategies, working with suppliers, and
business networking for MBEs and WBEs;
b. Identify and develop a "pool" of certified MBE/WBE subcontractors,
suppliers and truckers in the various trades;
C. Refer MBEs and WBEs to the County for certification;
d. Discuss and develop procedures to eliminate potential abuse in the
certification process; and
e. Develop guidelines for a successful subcontracting firm for MBEs and
WBEs to use as a model.
11. DIRECT the Contract Compliance Officer to advise all County departments to continue to
establish and maintain a broad-based and diverse list of service providers for
professional/personal'!services contracts.
12. DIRECT that, no later than December 31, 1997, the Contract Compliance Officer present
to the Board updated; data on the utilization of MBEs and WBEs by the County and the
availability of MBEs and WBEs within the County's geographical market for the Board's
consideration in reviewing the County's M/WBE program and the necessity for continuing
or modifying the program.
In addition, DIRECT that the Public Works Department and General Services Department
gather and maintain adequate utilization data for each project (i.e. , total amount paid to
prime contractor or consultant, amount paid to each MBE and WBE, race/ethnicity of each
MBE and WBE, etc.) to assist in such review and submit such data to the Contra
13. DIRECT the County Administrator's Office to continue its policy of considering, as a
component of department head evaluations, the department's adherence to the County's
Affirmative Action Program, which includes the Minority and Women Business Enterprise
Program.
14. DIRECT the Contra Compliance Officer with input from the Public Works and General
Services Departments to prepare the status report on the dollar thresholds of the
Construction MBE/WBE Program, the certification procedures, and "good faith effort"
requirements with six, to nine months of the adoption of the Board Order.
15. ADOPT and CLARIFY good faith effort language, where appropriate, for ease of
understanding but without materially changing the substantive requirements.
BACKGROUND/REASON(S)IFOR RECOMMENDATIONS:
On September 15, 1987, Contra Costa County adopted a Minority and Women Business
Enterprise Program for construction projects in excess of $50,000.00. Since that date,
construction projects that are funded by the County or other entities governed by the Board
(referred to collectively as !'County") have been subject to goals of 13% for minority business
enterprises ("MBEs") and 2,$ for women business enterprises ("WBEs") .
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The program was expanded into cover purchasing on July 12, 1988. Since that date, purchases
of supplies involving $2,500.00 or more have been subject to goals of 15% (MBE) and 5% (WBE) .
The program was expanded:to cover professional and personal services on June 15, 1989.
Since that date, services contracts exceeding $2,500.00 have been subject to goals of 15%
(MBE) and 7% (WBE) .
On November 14, 1990, Contra Costa County and Alameda County jointly entered into a
contract with National Economic Research Associates, Inc. ("NERA") . Under this contract,
NERA undertook a detailed ,study of the counties' M/WBE programs and policies. This study
included the compilation of data on the County's utilization of M/WBEs in the various program
areas and the availability of�M/WBEs within the County's geographic market, the determination
of the disparity between M/WBE utilization by the County and availability of M/WBEs, the
documentation of oral and written evidence of discrimination, and the preparation of a report
setting forth the study findings.
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OrNunef9, 1992, the Board received the NERA report; directed staff to distribute copies of
the NERA report to contractor trade associations, community organizations, public entities
and other interested groups;; and set July 28, 1992 as a hearing date to receive comments on
the NERA report.
On July 28, 1992, the Board'received written and oral comments from the Associated General
Contractors of California, Inc. ("AGC") , the Hispanic Chamber of Commerce of Contra Costa
County, and the San Francisco Lawyers' Committee for Urban Affairs. Additional meetings
were held and letters were sent to more than seventy-five agencies, organizations, cities and
individuals for comments. Comments were reviewed and many have been incorporated in the
above recommendations.
At the September 15, 1992 Board of Supervisors meeting, several issues were referred to the
Advisory Council on Equal Employment Opportunity. Those issues were discussed by the
Advisory Council, Associated General Contractors, minority contractors, and other interested
individuals. It was the decision of the Advisory Council to recommend the following:
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1. Request that the Board of Supervisors postpone making a decision on the MBE/WBE
proposals for thirty to forty-five days to give the Advisory Council an opportunity to
further discuss with the Associated General Contractors, County staff, and other
interested individuals the various enforcement, incentive, bonding recommendations,
and "good faith effort" requirements presented to and by the Council.
2. Support staff's recommendation to lower the threshold level of the MBE/WBE program to
the formal bid levels of $25,000 for Public Works Contracts and $10,000 for General
Service and flood control contracts.
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3. Adopt the County's 1989 definition of Hispanic that excludes Portuguese and European
Spanish from the definition. The definition states: Hispanic: all persons having
origins in Mexico, Puerto Rico, Cuba, Central or South America, regardless of race.
4. Consider re-establishing a Contract Compliance Specialist position in the Affirmative
Action Office to assist in meeting the County's MBE/WBE goals.
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On October 6, 1992, the Board deferred adopting the recommendations to the MBE/WBE
Program based on the Advisory Council's request to postpone making a decision for thirty to
forty-five days. The Advisory Council held a special meeting October 16, 1992 to continue its
consideration of the MBE/WBE proposals. The attached report dated November 4, 1992,
contains the final recommendations from the Advisory Council on the referred items.
The Board has reviewed and considered the NERA report (including the statistical data,
survey questionnaires and anecdotal testimony compiled by NERA) , the oral and written
comments received on the NERA report, and the recommendations of County staff.
Disk2:A:\WBEMBE.BOS
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�p UNE
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AGC f�
�'` A MER��a
CALIFORNIA
The VOICE of the Construction Industn
November 16 1992
Gl IMC0.C�\ '
(1FHCER.S .
Pete l/arlgsun.Presider!
Ted Page„Se"for Vire Pre•sirle•rrt CONTRA COSTA COUNTY BOARD OF SUPERVISORS
Vince/ppolito,Sire President
Gen,C{itke•n.Treasurer Administration Building
Kenne•tb L Gibson,E.reattlir•e•Eire President 651 Pine Street
51;11EDFFICE Martinez 94553
,3095 Heaton Hordern rd
"`•5"""tt»(V16/,f-!�'.CA v5652 f 51
! RE: Contra Costa County M/WBE Program
'1/6,.i�/�1�i1_'i lax('1/(i .
xe""''\'.{` Dear Board of Supervisors,
,Yorthe•rn California
.350 Trerrl Houlerant Suite 4511
"idnut Creak,CA 1"511)( As you are aware the Associated General Contractors of California Inc.
(51(1))f'1"11/Fax(510)11.f-t15f6 J /
.Southern Cali/orniu has been meeting with Contra Costa County Affirmative Action Officer,
1255 Corporate CenteryParc•..Srti9 7114 Legal'Counsel, County Administrator and public works staff regarding
Monterey Purk.CA')/-5-1
(1/.3)16.1.1500/I-ax 261 8222 the recommendations made subsequent to the M/WBE study
ncsrxlcT oFFu:Es
commissioned by the Board of Supervisors. We would like to report
Eureka an'1.515asla that the level of cooperation with county staff has been outstanding and
/%161811_f-196,1hix(7/()80f x1/56 we look forward to this continued relationship.
Della-.Sierra
(916).f-1.2.11'1 Fax(916).3-1-23 51
,\'rrrtb Bar The AGC of California,has spoken before this Board of Supervisors on
70-)526-0645 Fax!-0) 1526-08110
.Srtrt Franciser, many occasions concerning the staff recommendations for
("15)-,76-_1115.1,F1rsl 115)7-6.5511=SInJ modifications to the existing County M/WBE program. AGC again
51f)))1).17.2)22�1— wishes to express concern over the basis for these recommendations
! ! 'l.t-�t,5.;o
Santa Clara anil monte•re•,Her,' created by the study commissioned by the Board of Supervisors. The
(40H)-27--1.318!1•',,x(W)H1'17.756'
(: dt,,lleyanrt,,trt1„r,rF,tt,t study clearly failed to take into consideration such significant issues as
(209)252 61611 M,(109)252-629 i contractor capability and bonding capacities. Bonding capacity
/8051681-61"1:Fax r8051 56.1-6!i5H
determines whether a firm can receive a contract and, therefore, must
F.r,.<Angeles be given credence in determining availability. Both of these areas must
(213)263-1500!Fax(_'l,i)261-8122
r,rrrrrve(,,,,rrt,. - be given more attention if the program is to move toward the stated
-i,5-J 7.6 167 i Fet.r(-I 1)5.i-.-t 110 goals-pf Contra Costa County for the utilization of minority and women
Rir•c•,Fax%.Brut lie•rn«-10 i- busiriess enterprises in their construction contracting practices. The
(?T!1)8H5�'Sl1I/Ftt.1'('!�1/.iH/�"rl�i-
AGC has reached substantial agreement with the County on the
proposed good faith efforts for the M/WBE. We continue to object to
the lowering of the threshold for application of the program. As stated
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T t 1 r S 0 C I A Tru E. r v 1: K A 1. C E N T R A : T 0 R 0 1: C A 1. 1 1: 0 H N I A t x C .
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in our earlier public comments the threshold should be lifted to allow all small
emerging firms the,; opportunity to bid County public work without the burden of
complying with the' bureaucratic red tap of the County M/WBE program. AGC has
recommended raising the threshold to at least $100,000.00 or to be more effective
$200,000.00. In addition we see no reason for the elimination of Portuguese from the
definition of Hispanic, which will effectively reduce the listing of certified minority
firms to participate'in the program and, further, adding confusion at bid time due to
the differing definitions used by participating agencies to create their certification lists,
and which may or may not be recognized by the County.
Finally, AGC would advise caution and voice early objection to any suggestion to
proposals for the County to consider implementation of programs above and beyond
that which is before them today. Working to make this program successful is a
substantial undertaking and must not be hampered by further expansion on the
program. Recommendations to implement programs like those in other Cities in the
Bay Area, (i.e., San Francisco ), would not be acceptable to the Construction Industry.
Thank you for your interest in our position on these matters. We look forward to a
continuing dialogue on these issues.
Sincerely,
ASSOCIATED GENERAL CONTRACTORS
OF CALIFORNIA, INC.
Thomas T. Holsman
Executive Director - North
Manager - East Bay District
TTH:rr
cc: Emma Kuevor
Rich Gates
Gary Mitchell
Dave McCosker
John Wilson
oy
AGC �f,.�a,�.�AQ�sa
CALIFORNIA
MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION ORDINANCE
(PROPOSED)
SECTION 1. GENERAL FINDINGS
1.1 The Boardof Supervisors having adopted in September 8,
1987 a program to encourage minority owned Minority Business
Enterprises and women owned Women Business Enterprises
participation in construction projects; having extended the
program on July 25, 1988 to including purchasing; and having
extended the program in June 15, 1989 to cover personal and
professional services, to address discriminatory practices
inherent in the County's procurement process as contractors on
County Prime contract and to offset economic disadvantages faced
by local businesses that are not shared by non-local business;
1.2 And the United States Supreme Court on January 23, .
1989, having decided City of Richmond v. Croson which addresses
the constitutionally acceptable quantum of evidence that enable a
municipality to adopt a race-conscious remedial ordinance in
public contracting;
1.3 And National Economic Research Associates. . . . . . . . .
And this Board of Supervisors, having conducted public
hearing. . . . . . ... . . . . . . .
SECTION 2. . DECLARATION OF POLICY
It is the policy of Contra Costa County to ensure full and
equitable opportunities for Minority Business Enterprises
("MBE") , Woman Business Enterprises ("WBE") , and local business
enterprises ("LBE")i to participate as prime contractors in the
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provision of goods and services to the County of Contra Costa.
This ordinance is intended to' correct identified discriminatory
practices inherent in the County's. procurement process and in the
aware of prime contracts to MBE/WBEs and to develop their status
and capability as prime contractors of the County. Another goal
of this Ordinance is to offset some for the economic
disadvantages local businesses continue to face that are not
shared by non-local businesses.
The County will continue to rely on the relationship between
the percentage of minority (each ethnic group identified as a
minority) and woman owned businesses in the relevant sector of
the Contra 'Costa County business community and their respective
shares of County contract dollars as a measure of the
effectiveness of this Ordinance in remedying the effects of the .
aforementioned discrimination.
The County will use a preference for local business in the
award of County contracts in order to encourage business to
locate and remain in Contra Costa County and thereby enhance
employment opportunities for persons living in Contra Costa
County.. In this regard the County shall grant a 5% bid
preference for local businesses bidding on County .contracts. - The
bid preference assists those businesses in contributing to the
economic health of the County. The 5% bid preference does not
unduly hamper non-local businesses in the contracting process,
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and parallels the preferences awarded in many other local
jurisdictions.
SECTION 3. SCOPE
The race and gender-conscious bid preferences shall be
afforded only to economically disadvantaged minority women owned
businesses in all specifically enumerated categories of County
contracts for the procurement of good and services subject to
exemptions hereinafter specifically enumerated. The local
business bid preference shall be afforded to all local businesses
in the award of all- County contracts for the procurement of goods
and services subject to exceptions hereinafter specifically
enumerated. The local business bid preference shall be afforded
to all local businesses in the award of all County contracts for
the procurement of goods and services subject to exceptions
hereinafter specifically enumerated in Section
SECTION 4 . DEFINITIONS:
4. 1 '$Award of a Contract" occurs when a contract is
certified by the of the County of
Contra Costa.
4.2 "Bid" shall mean include quotation, proposal,
solicitation or offer by a bidder or contractor to perform
or .provide labor, materials, equipment, supplies or services
to the County of Contra Costa.
4.3 "Bidder" shall mean any business submits a quotation,
bid or proposal to provide labor, materials, equipment,
supplies or services to the County of Contra Costa.
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4.4 "Chairman') shall mean the Chairman of the Advisory
Council on Equal Employment Opportunity.
4.5. 11Coz mercially useful function's for purposes of
determining whether a business is a minority business.
enterprise, woman business enterprise or local business
enterprise shall mean that the business is directly
responsible for providing the materials, equipment, supplies
or services to the County as required by the solicitation or
request for quotes, bids or proposals. MBEs or WBEs who
engage in the business of providing brokerage, referral or
temporary employment services shall not be deemed to perform
a "commercially useful function" unless. the brokerage,
referral or temporary employment services are those required
and sought by the department.
4.6 "Contract" shall mean and include any agreement between
the County and a person to provide or procure labor,
materials, equipment, supplies or services to, for or on
behalf of the County. A "contract" shall include an
agreement between he County and a person or no-profit entity
to perform construction related services or fund the
performance of such services. Except as otherwise
specifically defined in this section, a "contract" does not
include (1) awards made by the County with Federal/State
grant or general fund monies to a non-profit entity
where the County offers assistance, guidance, or supervision
on a project or program and the recipient of the grant award
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uses the grant monies to provide services to the community;
(2) sales transaction where the County sells its personal or
real property; (3) a loan transaction where the County is
acting as a debtor or a creditor; (4) lease, franchise, or
concession agreements; (5) agreements to use City real
property; or (6) gifts of materials, equipment, supplies or
services to the County.
4.7 IlContract Awarding Authorityll . shall mean the County
officer, department, commission employee or board authorized
to enter into contracts on behalf of the County. In the
case of an agreement with person or non-profit entity to
perform or fund the performance of construction related
services, the term "contract awarding authority" shall mean
the person or 'non-profit entity receiving funds from the
County to perform or fund the performance of such services.
4.8 "Contractor" shall mean any person(s) , firm,
partnership, corporation, or combination thereof, who
submits a bid, performs any part of, agrees with a person to
provide services relating to and/or enters into a contract
with department heads or officers or contract awarding
authorities empowered by law to enter into contracts on the
part of the County for public works or improvemeni.s to be
performed, or ,,for goods and services or supplies to be
purchased at the expense of the County or to be paid out of
monies deposited in the treasury or out of trust monies
under the control of or collected by the County.
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4.9 IlControlled1l for the purposes of determining whether a
business is a Minority Business Enterprise, or. Woman
Business Enterprise, shall mean the minority(ies) , the woman
or combination of minorities and. women, as the context
requires, shall (1) possess legal authority and. power to
manage business assets, good will and daily operations of
the business; and (2) actively and continuously exercise
such authority and power in determining the policies and
directing the operations of the business.
4.10 I'Councillf the Advisory Council on Equal Employment
Opportunity
4.11 "County" shall mean the County of Contra Costa. .
4.12 "Economically Disadvantaged Business" shall mean a
business whose average gross annual receipts in the three
fiscal years immediately preceding its application for
certification as a M/WBE does not exceed the following
limits: (1) Public Works/Construction--$14,000, 000; (2)
Good/Materials/Equipment and General Services Suppliers-
$2 , 000, 000; (3) Professional Services--$2, 000,000.
4.13 "Equipment and Supplies Contract') shall mean term
purchase agreements, contract orders, purchase orders and
any other agreement for the purchase -of transportation
equipment, office supplies, data processing and office
equipment, hospital and medical equipment and supplies,
food, building supplies, fire/safety equipment and supplies,
clothing, miscellaneous and electrical equipment and
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supplies. The' term "equipment and supplies contract" shall
not include contracts for fuels, lubricants and illuminants.
4.14 IfFranchi'sell shall mean and include the right or
privilege conferred by grant from the County, or any
contracting agency thereof, and vested in and authorizing a
person to conduct such business or engage in such activity
as is specified in the grant. A "franchise" shall not
include an agreement to perform construction related
services.
4.15 "General Services Contractee shall mean term purchase
agreements, contract orders, purchase orders and any other
agreement for the procurement of janitorial, security,
equipment and .i computer maintenance, miscellaneous, printing
and graphic services.
4.16 "Good Faith Efforts') when required of a contract
awarding authority or department shall mean the actions
undertaken by ,a department to obtain MBE or WBE
participation in a contract as prime contractors, and shall
include the following efforts:
(a) encouraging MBE/WBEs to attend pre-bid meetings,
scheduled by a department of the Council, to inform
potential contractcrs of contracting opportunities;
(b) advertising in general circulation media, trade
association publications and minority/woman business
focus media;
(c) notifying MBE/WBEs who are available to perform the
7
work contemplated in a. contract, soliciting their
interest in the contract;
(d) dividing the contract work into economically
feasible units to facilitate MBE/WBE participation in
the contract;
(e) pursuing solicitations of interest by contacting
MBE/WBEs to determine whether these businesses are
interested in participating in the contract;
(f) providing MBE/WBEs with adequate information about
the plan, specifications and requirements of the
contract;
(g) where applicable, negotiating with MBE/WB Es in good
faith and demonstrating that MBE/WBEs were not rejected
as unqualified without sound reasons based on a
thorough investigation of their capabilities; and
(h) using the services of availablecommunity and
contractors' groups, local State or Federal minority
Business assistance offices that provide assistance in
the recruitment of MBE/WBEs for public sector
contracts.
4.17 I'Good Faith Effortses when required of a prime public
works/const uction contractor or construction-related
professional services provider shall mean the steps
undertaken to comply with the goals and requirements imposed
by the County for participation by minority and women
business enterprises as subcontractors, and shall include
8
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the following:
(a) Attend any pre-solicitation or pre-bid meeting
scheduled by the County to inform all kidders of the
minority and women business enterprise program
requirements for the project for which the contract
will be awarded. Provide to the the date(s) of
the meeting(s) , the person(s) attending and the project
name(s) and number(s) .
(b) Identify, list and select specific items of the
project to be performed by MBE or WBE enterprises to
provide an opportunity for participation by those
enterprises to provide an opportunity for participation
by thosei. enterprises.
(c) Advertise, not less than ten (10) calendar days
prior to bid opening, in one or more daily or weekly
newspaper, trade association publication, trade
journals, or other media, such as the Daily
Construction Service, the Daily Pacific Builder or the
Small Business Exchange. For each such publication, a
copy must be submitted to the Officer which shows the
date of the publication. This paragraph shall apply
only if the County gave public notice of the project
not less ' than fifteen (15) calendar days prior to the
date the'. bids are opened.
(d) Not' less than ten (10) calendar days prior to bid
opening, . for each identified item of the contract, send
9
by certified mail written notice of the bidder's
interest in bidding on the contract to at least three
(3) certified MBEa and three (3) certified WBEs
qualified to provide the product or service. Each such
notice shall include the following information: (i) bid
opening date; (ii) description of entire project; (iii)
bidder's bond requirements; (iv) identification of
items to be subcontracted; (v) engineer's/architect's
estimate of entire project; (vi) working days in the
contract; (vii) other pertinent information. Copies of
the written notices and signed return receipts shall be
submitted to the Officer.
(e) Follow up initial solicitations of interest by
contacting at least fifty percent (50%) of the
certified MBEs/.tabes that were notified to determine
with certainty whether they are interested in
performing specific items of the contract. . List the
name and telephone number of each certified MBE/WBE
contacted and the dates of initial notice and follow up
contact.
(f) Provide interested MBEs/WBEs with information
about the plans, specifications and requirements for
the selected subcontracting or material supply work.
List for each certified MBE/WBE to which such
information is provided, the name of the firm, contract
person and telephone number.
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(g) At least ten (10) calendar days prior to bid
opening, °request by certified mail assistance from at
least one of the following: minority and women
community:, organization; minority and women contractor
groups; local, state or federal minority and women
business assistance offices (including .Public Works
and/or General Services Department and .the Affirmative
Action Office) ; certifying agencies acceptable to the
County; or other organizations that provide minority or
women business enterprises. For each agency or
organization contacted, list the name of the agency or
organization, the contact person, the date of contact
and the response received.
(h) Negotiate in good faith with minority or women
business enterprises and not unjustifiably rejected as
unsatisfactory bids prepared by any minority or women
business.,enterprises as determined by the County. List
each MBE/WBE from which a bid was received. If a bid
form an MBE/WBE was not utilized, list detailed reasons
why.
(i) Where applicable, advise and make efforts to
assist interested minority and women business
enterprises in obtaining bonds, lines of credit or
insurance required by the County or bidder. For each
firm advised or assisted, list the name of the firm,
the contact person and the date assistance was given.
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In considering the bidder's documentation of good faith
effort, the County may give such weight as it deems appropriate
to the above-listed criteria and may consider whether. the
bidder's efforts to obtain certified MBE/WBE participation could
reasonably be expected to produce a level of participation
sufficient to meet the goals and requirement of the County
Bidders are cautioned that, even though their submittal
indicated that they meet the MBE/WBE goals, the lowest three (3)
bidders should document their good faith effort and, within two
(2) working days after bid opening, shall submit this information
to the officer to protect eligibility for award of the contract
in the event the County's review results inn a finding that the
goals have not been met.
4.18 "Joint Venture'# shall mean and may be referred to as
an ."Association" of two or more businesses acting as a
contractor and performing or providing services on a
contract, in which each. joint venture or association partner
combines property, capital, efforts, skill and/or knowledge.
4.19 "Lease" shall mean and include an agreement by which
the County or any contracting agency thereof, grants to' a
person the temporary possession and use of property for
reward, and the latter agrees to return the same to the
former at a future time. A "lease" shall not include an
agreement to preform construction-related services.
4.20 "Local Business'$ or "Local Business Enterprise(LBE) "
shall mean an economically disadvantaged business which is
12
an independent, and continuing business for profit, performs
a commercially useful function. and is a firm: (1) with
fixed offices or distribution points located within the
geographical boundaries of Contra Costa County; (2) listed
in the Permits and License Tax Paid File with a Contra Costa
County busines's street address; and (3) which possess. a
current Business Tax Registration Certificate at the time of
the application for certification as a local business. Post
Office box numbers or residential addresses shall not be
sufficient to establish status as a "Local Business. " To
qualify as a "Local Business" or "LBE" a business must
establish that it has been located and doing business in San
Francisco for `at least six months preceding its application
for certification as a local business.
4.21 ('Minority", I'Minoritiesil, or "Minority Personve shall
mean members of one of the following ethnic groups: Asian
(defined as Chinese, Japanese, Koreans, Pacific Islanders,
Samoans, Filipinos, Asian Indians and Southeast Asians) ,
Blacks, and Latinos (defined as persons having origins in
Mexico, Puerto, Rico, Cuba, Central or South America,
regardless of race) .
4.22 ('Minority Business Enterprise (MBE)" shall mean ar
economically disadvantaged local business which is an
independent and continuing business for profit, performs a
commercially useful function, and is owned and controlled by
one or more minority persons residing in the United States
13
or its territories.
4.23 $'Miscellaneous Professional Services's shall mean all
professional services except legal, architect/engineer,
computer systems, management consulting and medical
services.
4.24 ,Offices' or ('Offices" shall mean a fixed and
established place where work is carried -on of a clerical,
administrative, professional or production nature directly
pertinent to the business being certified. A :temporary
location or movable property or one that was established to
oversee a project such as a construction project office does
not qualify as an "Office" .
. 4.25 IlOfficer'l shall mean the Affirmative Action Officer
for Contra Costa County.
4.26 IlOwned", for purposes of determining whether a
business is a minority business enterprise or woman business
enterprise; shall mean that the minorities or women as the
context requires, shall possess an ownership interest of at
least fifty-one percent (51%) of the business, and shall:
1. Possess incidents of ownership, such as an
interest in profit and loss, equal to at least the
required ownership interest percentage; and
2 . Contribute capital, equipment and expertise to the
business. equal to at least the required ownership
percentage.
Ownership of an individual seeking MBE or WBE
14
3
certification shall be measured as though the
applicant's ownership is not subject to the community
property interest of a spouse, if both spouses certify
that (a) on the woman or minority spouse participates
in the management of the business and (b) the non-
participating spouse relinquishes control of his/her
community property interest in the subject business; or
both spouses have bona fide management and control of
the business.
4.27 "Person" includes one or more individual, partnership,
associations, organization, trade or professional
associations, corporations, cooperatives, legal
representatives, trustee, trustees in bankruptcy, receivers,
or any other group of persons, including any official, agent
or employee of the County.
4.28 "Professional Services Contract" shall mean agreements
for the procurement of legal, architect/engineer, computer
systems, management consulting, medical services and
miscellaneous professional services.
4.29 $'Public Works/Construction ContractIl shall mean
agreements for the construction, reconstruction or repair of
public buildings, streets, utilities or other public works
or improvements.
4.30 Set Aside,, when referring to a. contract or project
shall mean a procurement or contract award process where
competition for a contract or project is limited to MBEs,
15
WBEs and/or joint ventures with MBE/WBEs.
4.31 I'Subcontractor1l shall mean any business providing
goods or services to a contractor for profit, if such goods
or services are procured or used in fulfillment of the
contractor's obligations arising from a contract with the
County.
4.32 I'Subcontractor Participation aoalse, shall mean the
targeted level of MBE/WBE subcontractor participation
designated by the Director for prime public
works/construction contracts.
4.33 @'Woman Business Enterprise (WBE)I' shall mean an
economically disadvantaged local business which is an
independent and continuing business for profit, performs a
commercially useful function and is owned and controlled by
one or more women residing in the United States or its
territories.
4.34 "Woman/Minority Man Business (W/MBE)II shall mean an
economically disadvantaged local business which meets the
definition of an MBE or WBE, except that the aggregate
ownership interest of the woman and the minority man equal
or exceeds fifty-one percent (51%) of the business. An
W/MBE shall qualify and be deemed. by a department an MBE or
WBE, but not both. Any reference to MBE or WBE includes a
W/MBE.
SECTION S. POWERS AND DUTIES OF THE COUNCIL
5.1 In addition to the duties and powers given to the
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Council elsewhere, the Council shall:
(a) Collect and analyze relevant data which will
assist the Board of Supervisors in determining
whether race or gender-conscious remedies are
appropriate and necessary for contracts not
subject to or ethnic groups not afforded the race
and gender-conscious bid preferences. The Council
shall periodically report the results of this
study to the Board of Supervisors;
(b) Levy. Sanctions as stated below;
(c) When necessary, subpoena persons and records,
books and documents for a proceeding of the
Council or an investigation by the Affirmative
Action Officer conducted to further the purposes
of this ordinance;
(d) Amepd existing rules and regulations establishing
standards and procedures for effectively carrying
out this Ordinance. The rules and regulations
shall provide for administrative procedure which
will allow a business to prove and the Commission
to recommend to the Board of Supervisors that the
Ordinance's remedial measures should not be
applied to an industry or profession because
MBE/WBE participation in County prime contracts
has reached parity with their numbers in the
relevant business community and MBE/WBEs no longer
17
suffer from a discrimination induced competitive
disadvantage In the applicable industry or
profession. The regulations shall also provide a
mechanism for contractors to seek a determination
by the Affirmative Action Officer that a MBE or
WBE may not be granted a race or gender-conscious
bid preference where it is demonstrated that the
MBE or WBEs bid price is not attributable to the
effects of past discrimination.
5.2 In addition to the duties and .powers given to the
Officer elsewhere, the Officer shall have the following duties
and powers:
(a) Though appropriately promulgated procedures,
certify business as bona fide MBEs/WBEs/LBEs. These
procedures shall provide that any business seeking
certification as a local business shall meet the
definition of a LBE and possessor establish all of the
following: (1) business cards for the Contra Costa
County Office; (2) business stationery for the Contra
Costa County office; (3) written agreement for
occupancy of the Contra Costa County office; (4) that
the business is listed in appropriate business buyers
guides such as a telephone yellow pages listing Contra
Costa County business; (5) that business is transacted
in the Contra Costa County office; (6) a conspicuously
displayed business sign at the Contra Costa County
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business premises except where the business operates
out of a residence and (7) the office is appropriately
equipped .for the type of business for which
certification as a LBE is sought.
Except where the Officer cannot certify a business
because the business has not been established in the
County for the requisite six month, whenever the
Officer denies an application for or revokes the
certification of a business as a MBE/WBE because the
business !is not a bona fide MBE/WBE, the Officer shall
inform the aggrieved business in writing when the
business will be eligible to reapply not more than two
years after the denial or revocation before reapplying
to the Officer for certification as a MBE/WBE. Except
as provided in Section , the Officer's denial or
revocation of certification of a business as an MBE/WBE
shall not be appealable to the Council.
(b) Annually, and more often if he deems necessary,
analyze the most recently available data on "percent
availability" of MBEs and WBEs in the various
industries and professions identified in the
utilization indices set forth in Appendix to this
Ordinance. Applying statistically sound methods of
analysis; the Officer shall identify areas of
contracting where the County or its departments are
failing to meet the participation goals to such an
19
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extent that an inference of discrimination can be made.
In addition, the Officer shall identify areas of
contracting where the County is meeting and/or
exceeding participation goals to such an extent that
the MBE or WBE bid preferences can no longer be
justified. The results of this study shall be included
in the Council's annual report required by
Section
Not later than March lst of each fiscal year, the
Officer shall transmit to the Board of Supervisors
proposed amendments to this Ordinance.
(c) By July 1 of each fiscal year subject to this
Ordinance, inform the Controller of the data each
department is required to provide the Controller on
each contract award. This data shall form the basis of
the Council's report to the Board of Supervisors and
the public on the participation of MBEs/WBEs on County
prime contracts subject to the Ordinance.
(d) Provide information and other assistance to MBEs
and WBEs to increase their ability to compete
effectively for the award of County contracts;.
(e) Assist the County to increase participation by
MBEs and WBEs in County contracts;
(f) Where after determining that a department, despite
its good faith efforts and application of the bid
preference(s) has failed substantially to eliminate the
20
exclusion of MBEs and/or WBEs from County contracting,
. the Officer, after consulting with the department
responsible for the project(s) , may request the
Contract '!Review Committee established in Section
to review and approve the proposed projects(s) for set
aside.
(g) Work with the Controller and representative os
County department to implement a County-wide prompt
payment policy requiring that MBEs, WBEs and LBEs be
paid by the County within 60 days of the date on which
the County receives an invoice from an MBE/WBE/LBE for
work performed for the County.
5.3 The requirement of this Ordinance are separate from
those imposed by the United States or the State of California as
a condition of financial assistance or otherwise; however, the
Officer may authorize the substitution of such State of Federal
MBE and MBE requirements for the requirements of this Ordinance
whenever such State or Federal requirements are substantially the
same as those of this Ordinance.
5.4 The Office, with the approval of the Council, may enter
into cooperative agreements with agencies, public and private,
concerned with increasing the utilization of MBEs and WBEs in
government contracting, subject to the approval of the Board of
Supervisors.
SECTION 6. POWERS .AND DUTIES OF THE CONTROLLER
6.1 In addition to the duties given to the Controller
21
elsewhere, the Controller shall work cooperatively with the
Officer to assemble and maintain the data the Officer advises are
necessary to form the basis of the Council's report to the Board
of Supervisors, County Administrator and the public. on the
participation of MBEs and WBEs in County prime contracts.
6.2 The Controller shall not certify the award of any
contract subject to this Ordinance until the department
requesting certification of the award of the contract has
provided the Controller with the information the Officer advises
is necessary under this Ordinance.
6.3 It is the County's policy that MBEs, WBEs and LBEs
should be paid by the City with 60 days of the date on which the
County receives an invoice from an MBE/WBE or LBE for work
performed for the County. The Controller shall work with the
Officer and representatives of the County departments to
implement this County-wide prompt payment policy.
SECTION .7.0 POWERS AND DUTIES OF THE CHAIRPERSON OF THE BOARD OF
SUPERVISORS
7.1 In addition to the duties given to the Chairperson of
the Board of Supervisors, the Chairperson shall:
(a) by July l of each fiscal year subject to this
Ordinance, issue notices to all County Departments.
informing them of their duties under this Ordinance.
The notice shall contain the following information:
(1) the County-wide MBE/WBE participation goals that
the departments are expected to use good faith efforts
22
to attain during the fiscal year and that a
department's failure to use good faith efforts to
attain the MBE/WBE participation goals shall be
reported to the Board of Supervisors and the County
Administrator in the Council's annual report; and (2)
the data each department is required to provide the
Controlled on each contract award;
(b) To coordinate and enforce cooperation and
compliance by all departments with this Ordinance.
(c) Establish a three member Contract Review Committee
who shall have the authority to review contracts.
proposed by the Officer or a department to be set aside
where competition for these contracts is limited to
MBEs, WBES and/or joint ventures with MBE/WBEs. The
three member Contract Review Committee shall be
composed .of the Officer, and individual appointed by
the County Administrator and individual appointed by
the Chairperson. The County Administrator and the
Chairperson shall appoint individuals who are
knowledgeable about contracting practices of the County
and of the industry or profession affected by the set
aside of the contract.
(d) establish a three member Subcontracting Goals
Committee which shall have the authority to review
decisions by the Officer denying a contractor's
request, pursuant to Section to waive or
23
reduce subcontractor participation goals. . The three
member Subcontracting Goals Committee shall be composed
of an individual appointed by the Council, an
individual appointed by the County Administrator and an
individual appoint by the Chairperson. The Council,
County Administrator and. the Chairperson shall appoint
individuals who are knowledgeable about the County's
contracting and subcontracting. practices and the public
works/construction industry.
7.2 Contract awarding authorities or in the case of a
professional services contract, the department making the
contract award recommendation, shall:
(a) Use good faith efforts to solicit and obtain
quotes, bids or proposals from MBEs and WBEs on all
solicitations, or document their unavailability;
(b) Unless other indicated in this Ordinance and
except where prohibited by State or Federal law or
regulation, ;extend a preference in all bids and
contracts and in the composition of rating scales as
follows: (1) a. fiver percent (5%) preferences to (i) a
local business or (ii) a joint venture with local MBE
or local WBE participation which equals or exceeds
thirty-five percent (35%) but is under forty percent
(40%) ; or (iii) where a joint venture is composed of
only local businesses with no local MBE or WBE
participation or where the local MBE or local WBE
24
participation is less than thirty-five percent (35%) ;
(2) a seven and one-half percent (7.5%) preference to:
{i) joint venture with local MBE or WBE participation
which equals or exceeds forty percent (40%) but is less
than fifty-one (51%) ; (3) a ten percent (10%)
preference to (i) a local MBE or Local WBE or (ii) a
joint venture with local MBE or local WBE participation
which equals or exceeds fifty-one percent (51%) .
A joint venture shall receive the aforementioned
appropriate bid preference when the MBE or WBE is an
active partner in the joint venture and performs work,
manages the job and takes financial risks in proportion
to the required level of participation stated in the
bid documents and is responsible for a clearly defined
portion of the work to be performed, and shares in the
ownership., control, management responsibilities, risks,
and profits of the joint venture. The portion of the
MBE or WBE joint venturer's work shall be set forth in
detail separately from the work to be performed by the
non-MBE or non-WBE joint venture partner. The MBE or
WBE joint venturer's portion of the contract must be
assigned a commercially reasonable dollar value;
(c) Arrange contracting by size and type of work to be
performed so as most effectively to enhance the
opportunity for participation by MBEs and WBEs to the
maximum extent feasible. As soon as practical before
25
soliciting quotes, bids or proposals, all contract
awarding authorities or in the case of a professional
services contract, the department making the contract
award recommendation, shall submit- all - large proposals
to the Director for review. The purpose of the
Director's review is to determine whether the .proposed
project can be divided into smaller projects so as to
enhance the opportunity for participation by MBEs and
WBEs in the project, For purposes of this subsection,
the term "large project' shall mean the following (i)
any public' works/construction project estimated to cost
more than five million dollars ($5,000, 000) ; (2) any
. . professional services contract estimated to cost more
than fifty thousand dollars ($50,000) . If, the Director
determines, after consulting with the contract awarding
authority or department responsible for the project,
that the project can be divided into smaller projects,
the contract awarding authority or department shall
comply with the Director's determination and issue the
solicitation for quotes, bids or proposals in
accordance with- the Director's determination and issue
the solicitation for quotes, bids or proposals in
accordance with the Director's determination;
(d) Adjust bid bonding and insurance requirements As .
recommended by. . . . . . . . . . . . . . . . . .
(e) Utilize a revolvingfund as may be established by
26
the County to assist MBEs and WBEs to meet bonding,
insurance and other fee-related requirements;
(f) Submit to a central office all current bids,
requests 'for proposals, and solicitations with
sufficient lead time to provide adequate notice and
opportunity to MBEs and WBEs to participate;
(g) Impose such sanctions or take such other actions as
are designed to ensure compliance with the provisions
of this Ordinance, which shall include, but are not
limited to:
(i) refusal to grant the award of a contract;
(ii) order the suspension of a contract;
(iii) order the withdrawal of funds;
(iv). order the revision of a contract based upon a
material breach of contract provisions pertaining
to MBE or WBE participation;
(v) 'disqualification of a bidder, contractor,
subcontractor, or other business from eligibility
for providing goods or services to the County for
a period not to exceed five years, with a right to
review and reconsideration by the Commission after
two years upon a showing of corrective action
indicating violations are not .likely to recur;
(h) Not award any contract to a person or business
which is disqualified from doing business with the
County under the .provisions of this Ordinance, nor
27
shall any contract be awarded to any person or business
which is disqualified from doing business with any
governmental agency based on the failure to comply. with
Minority or Women Business Enterprise or contract
compliance requirements which are substantially the
same as those of this Ordinance;
(i) Designate a staff person to be responsible for
responding to the Director and Commission and to the
requirements of this Ordinance;
(j) Maintain accurate records for each contract
awarded, its dollar value, the nature of the goods or
services to be provided, .the name of the contractor
awarded the contract, the efforts made by a
construction, architect/engineer contractor to solicit
bids from and award subcontracts to MBEs and WBEs;
(1) Where feasible, provide technical assistance to
MBEs and WBEs to increase their ability to compete
effectively for the award of County contracts.
(m) Work with the Director and the Controller to
implement a County-wide prompt payment policy requiring
MBEs, WBEs and LBEs be paid by the County within sixty
days of the 'date on which the County receives an
invoice from an MBE, WBE or LBE for work performed by
the County.
(n) Provide the Director with written notice of all
contract modifications which result in an increase or
28
decrease of the contract's dollar amount of more than
ten percent. Such notice shall be provided within
thirty days of each such contract mod' fication.
7.3 Subject to the prior approval of the Director, contract
awarding authorities or departments may invite, encourage or
request businesses to joint venture on any contract to promote
MBE or WBE participation.
7.4 For purposes of determining Minority and Women Business
Enterprise participation: Contracts awarded to joint ventures in
which one or more MBEs or WBEs are combined with one or more
businesses which are not Minority or Women Business Enterprises
shall be deemed to be awarded to Minority or Women Enterprises
only to the extent of the Minority or Women Business Enterprises
participation in the joint venture.
7.5 All contracts subject to this ordinance shall include
the following requirements, in addition to such other
requirements as may be set forth elsewhere:
(a) bidders and contractors on all contracts shall be
required to sign an affidavit prepared by the County
Counsel, ;:declaring under penalty of perjury their
intention to comply with the provisions of the
Ordinance;
(b) contracts shall incorporate this Ordinance by
reference and shall provide that the willful failure of
any bidder or contractor to comply with any of its
requirements shall be deemed a material breach of
29
contract;
(c) contracts shall provide that in the event that the
Director finds that any bidder, subcontractor or
contractor willfully fails to comply with any' of the
provisions of this- Ordinance, rules and regulations
implementing the Ordinance or contract provisions
pertaining to MBE or WBE participation the bidder,
subcontractor, or contractor shall be liable for
liquidated damages for each contract in an amount equal
tot he bidder's or contractor's net profit ont he
. contract, or ten percent (10%0 of the total amount of
the contract or one thousand dollars ($1,000) whichever
- is greatest, said amount to be determined by the
Director pursuant to Section 12D. 14. (C) . All .contracts
shall also contain a provision in which the bidder,
subcontractor orcontractor acknowledges and agrees
that the liquidated damages assessed shall be payable
to the County upon demand and may be set off against
any monies due to the bidder, subcontractor or
contractor from any contract with the County.
(d) contracts shall require bidders, contractors and
subcontractors to .maintain records necessary for
monitoring their compliance with this Ordinance;
(e) contracts shall require that during the term of
the contract, the prime contractor shall fulfill the
MBE and WBE participation commitments submitted with
30
their bid;
(f) Contracts shall require prime contractors to
include a contract provision in any subcontract with an
MBE or WBE which provides MBE and WBE subcontractors
with a remedy for a prime contractor's non-compliance
with his or her commitment to utilize MBE and WBE
subcontractors. This contractual provision shall
include an agreement by the prime contractor to
compensate any MBE or WBE subcontractor if the prime
contractor does not fulfill its commitment to utilize
the MBE or WBE subcontractor. This contractual
provision shall also state that it is enforceable in a
court of competent jurisdiction.
(g) Whenever contract supplements, amendments or
change orders are made which cumulatively increase the
dollar value of a construction contract by more than
ten percent (10%) , the contractor shall comply with
those MBE/WBE provisions of this Ordinance which
applied the original contract with respect to the
supplement, amendment, or change order.
(h) Contracts in which subcontracting is utilized
shall prohibit back contracting to the Prime contractor
or lower tier subcontracting for any purpose
inconsistent with the provisions of this Ordinance,
rules and regulations adopted pursuant to this
Ordinance, or contract provisions pertaining to MBE/WBE
31
utilization.
7.6 All contracts or other agreements between the County
and persons or entities, public or private, where such persons or
entities receive money through the County for the purpose of
contracting with businesses to perform public improvements, shall
require such persons or entities to comply with the provisions of
this Ordinance in awarding and administering such contracts,
except where prohibited by State or Federal law or regulation.
7.7 Where a department can demonstrate, despite its good
faith efforts and application of the bid preference(s) , that it
has failed substantially to eliminate the exclusion of MBEs or
WBEs from County contracting, the department, after consulting
with the Officer, may request the Contract Review Committee
established in Section to review and approve the proposed
project(s) selected by the department for a set aside.
7 .8 County department heads and commissioners shall attend
a one hour mandatory training session on an annual basis. The
training session shall be organized and conducted by the Officer
and shall inform County department heads and commissioners of the
requirements of this Ordinance.
SECTION S. ADDITIONAL FINDINGS SUPPORTING RACE AND GENDER-
CONSCIOUS BID PREFERENCES AND SUBCONTRACTOR PARTICIPATION GOALS-
PUBLIC WORKS/CONSTRUCTION; SUBCONTRACTING PROGRAM
8.1 In addition to the General Findings set forth in
Section and and based upon the record before this
Board, the - Board hereby makes these additional findings in
support of the race and gender-conscious bid preference
32
provisions and subcontractor participation goals for public
works/construction contracts:
(a) The . evidence before this Board relating to the
award of prime public works/construction contracts for
fiscal years reflects that MBEs and WBEs
continue to be awarded contract dollars in amounts that
are disproportionately lower than the available number
of MBE and WBE prime public works/construction
contractors willing and able to perform County
construction work. These results cannot be attributed
to chance. In light of the testimony before this Board
in this Board finds that these results can be
attributed in part to discriminatory procurement
practices'land in part to discrimination in the local
construction industry against MBEs and WBEs.
(b) The evidence before this Board supports the
conclusion that MBEs and WBEs continue to be
disadvantaged by discriminatory practices when
competing: for County prime construction contracts. The
weight of, the testimony and other evidence before this
Board supports the conclusion that non-minority
construction contractors competing for or doing
business with County and/or in the public section limit
the participation of MBE and WBE subcontractors on
construction contracts by engaging in discriminatory
33
business practices.
(c) Race-neutral measures employed by the County in
the past of those ccnstruction contracts subject to the
"lowest, reliable, responsible bidder" did not prevent.
the discriminatory practices from occurring. Since
the County has pursued race-neutral
measures to facilitate MBE/WBE subcontractor
participation in construction contracts. From about
the County adopted a race-neutral
disadvantaged business program for its construction
contracts. Since the County has urged prime
construction contractors to voluntarily extend
subcontracting opportunities to MBE/WBE subcontractors
on County Construction contracts. These race and
gender neutral measures employed by the County have not
been successful in increasing the MBE/WBE subcontractor
participation in County construction contracts.
(d) The board is granting a competitive advantage, the
bid preference, to prime MBEs and WBEs to offset the
identified competitive disadvantage caused by the
discriminatory disadvantage caused by the County's
discriminatory procurement practices.
8.2 For all public works/construction contracts, the
.contract awarding authority shall furnish the Officer with an
informational copy of all bid conditions and requests for
proposals, along with a statement identifying all funds provided
34
by any other governmental agency which will be used in payment of
the contract.
8.3 Nrchitect and engineer services provided by the County
in connection with -a public works/construction contract are
governed by Section
8.4 MBE/WBE Subcontracting Proaram:
For all public works/construction contracts in which the
contract awarding authority reasonably anticipates will include
subcontractor participation, the contract awarding authority,
prior to the solicitation of bids, shall provide the Officer with
a proposed job scope, and may submit written recommendations to
the Officer regarding MBE/WBE subcontractor participation goals
to be set for the contract. The Officer shall set the
participation goals pursuant to Section
(a) Upon receipt of a proposed job scope and/or
written recommendation from a contracting authority
pursuant ;to Section , the Officer, shall set the
MBE/WBE participation goals for each construction
contract based upon the following factors:
(i) ' the extent of subcontracting opportunities
presented by the contract;
(ii) the availability of MBE/WBE subcontractors
capable of providing goods and services on the
construction contract.
The Officer shall set the MBE and WBE participation goals
within ten workingdays of the date the Officer receives from a
35
contract awarding authority a proposed job scope .and/or written
recommendation. If the Officer fails to act within ten days, and
if .the contract awarding authority submitted to the Officer
recommended goals pursuant to Section , the recommended
goals shall be deemed approved by the Officer, provided that the
recommended goals are based upon the factors identified in
subsection 8.4 (a) (i) and (ii) above.
(b) Bid conditions shall require bidders on prime
construction contracts to do the . following:.
(i) demonstrate in their bid that they have. used
good faith efforts to utilize MBE and WBE
subcontractors;
(ii) identify the particular MBEs and WBEs
subcontractors to be utilized in performing the
contract, specifying for each the dollar value of
the participation, the type of work to be
performed and such information as may reasonably
be required to determine the responsiveness of the
bid.
Except as provided in Section ,bids not
meeting the requirements of Section shall
be declared non-responsive.
(c) A contract awarding. authority may request that the
Officer waive or reduce the MBE and WBE subcontractor
participation goals on construction contracts by
submitting the reasons therefor in writing .to the
36
Officer prior to. the solicitation of bids.
(d) A bidder or contractor may request that the
Officer waive or reduce the amount of MBE and WBE
subcontractor participation goals on a construction
contract by submitting the reasons therefor in writing
to the contract awarding authority with its bid.
(e) the Officer may grant the request for waiver or
reduction. made pursuant to Section and
upon a determination that:
(i) ; the reasonable and necessary requirements of
the construction contract render subcontracting or
the participation of businesses other that the
bidder unfeasible;
(ii) qualified MBEs and/or WBEs capable of
providing the goods or services required by the
contract are unavailable, despite the prime
contractor's or the department's good faith
efforts to locate MBEs and WBEs to meet the
participation goals; or
(iii) the available MBEs and WBEs have given price
quotes which are unreasonably high in that they
exceed competitive levels beyond amounts which can
be attributed to cover costs inflated by the
present effects of discrimination.
(f) Prior to entering into any prime construction
contract, the contract awarding authority shall require
37
bidders on the contracts to contact all MBEs and WBEs
before the MBE/WBEs are listed as subcontractors in the
bid.
(g) During the term of. the. contract, any failure to
comply with the level of MBE and WBE subcontractor
participation specified in the contract shall be deemed
a material breach of the contract.
SECTION 9. ADDITIONAL FINDINGS SUPPORTING RACE AND GENDER-
CONSCIOUS BID PREFERENCES-PURCHASING CONTRACTS.
9.1 In addition to the General Findings set forth in
Section and and based upon the record before this
Board, the Board hereby makes these additional findings in
support of the race and gender-conscious bid preferences for
purchasing contracts:
(a) The evidence before this Board relating to the
award of contracts for fiscal years reflects
that MBEs and WBEs are awarded contract in certain
categories of purchasing contracts in dollar amounts
that are disproportionately lower than the available
number of MBE and WBE in the private sector. These.
results cannot be attributed to chance. In light of
the testimony before this Board in , this Board
finds that these results can only be attributed to
discriminatory procurement practices.
(b) The evidence before this Board supports the
conclusion that MBEs and WBEs continue to be
disadvantaged by discriminatory practices when
38
competing for the aforementioned purchasing contracts.
(c) Race-neutral measures employed by the County in
the past for those purchasing construction contracts
subject to the "lowest, reliable, responsible bidder"
did not prevent the discriminatory practices from
occurring.
(d) The board is granting a competitive advantage, the
i
bid preference, to MBEs and WBEs to offset the
identified competitive disadvantage caused by the
County's .discriminatory procurement practices.
9.2 Equipment and supplies contracts or general services
contracts as defined herein awarded by the Purchaser shall be
subject to the race and gender-conscious bid preferences of this
Ordinance.
9.3 In addition to the duties given the Purchaser
elsewhere, the Purchaser shall maintain, with the assistance of
the Officer, a current list of MBEs and WBEs certified by the
Council to provide each of those commodities or services subject
to this Ordinance which the Purchaser indicates are required by
the County. The Purchaser shall notify the Officer prior to
solicitation of bids or quotations whenever no such certified
businesses are available for a contract subject to the race and
gender-conscious bid preferences of this Ordinance, unless the
Office waives such.lnotification based on the known unavailability
of such qualified businesses to perform a particular contract.
The Office shall attempt to identify qualified businesses, and if
39
successful, shall notify the Purchaser of their availability, the
Purchaser shall provide such MBEs and WBEs every practical
opportunity to submit bids or quotations.
9.4 The Purchaser shall also maintain a central office
where all bids, requests for proposals and solicitations will be
listed and kept current.
SECTION 10. ADDITIONAL FINDINGS SUPPORTING THE RACE AND GENDER-
CONSCIOUS BID PREFERENCES-CONSULTANTS AND PROFESSIONAL SERVICES.
10.1 In addition to the General Findings set forth in
Section and and based upon the record before this
Board, the Board hereby makes these additional findings in
support of the race and gender-conscious bid preferences for the
following specifically enumerated professional services
contracts: legal, architect and engineer, computer systems,
management consulting, medical services:
(a) Legal Services: The evidence before this Board
relating to the award of prime legal services contracts
for fiscal reflects that minority law firms
were awarded contract dollars in amounts that are
disproportionately lower than the available numbers of
minority law firms willing and able to perform legal
services for the County. These results cannot be
attributed to chance. This Board finds that these
results can only be attributed to discriminatory
procurement practices.
The statistical evidence before this Board reflects
that there are no Asian, Black, Latino and women owned
40
• a
law firms certified by the officer to provide legal
services -to the County.
The County is Iranting Asian, Black, Latino and women
owned law firms a bid preference pursuant to Section
to encourage majority law firms to joint
venture with these minority and women owned firms when
competing for the award of County contracts for legal
services.,;
(b) ArchitectfEngineering Services: The evidence
before this Board relating to the award of prime
architect engineering contracts for fiscal year
reflects that minority owned
architectural/engineering firms were awarded contract
dollars in amounts that are disproportionately lower
than the available numbers of minority owned
architectural/engineering firms willing and able to
perform these services for the County. This Board
finds that these results can only be attributed to
discriminatory procurement practices.
(c) Computer Systems:
(d) Management Consulting Services:
(e) Medical Services Contracts:
(f) Miscellaneous Professional Services:
(g) The •,evidence before this Board supports the
conclusion that aforementioned MBEs and WBEs are
disadvantaged by discriminatory practices when
41
competing for County prime professional services
contracts.
(h) The Board is granting a competitive advantage, the
bid preference, to the MBEs and WBEs identified as
having been subject to the identified competitive
disadvantage caused by the County's discriminatory
procurement practices in the award of the
aforementioned professional services contracts.
10.2 For all professional services contracts as defined
herein, the contract awarding authority or the department making
the contract award recommendation shall furnish the Officer with
an informational copy of all bid conditions and requests for
proposals, if any, along with a statement identifying all funds
provided by any other governmental agency which will be used in
payment of the .contract. Prior to solicitation of bids or
proposals, the Officer may make recommendations to the contract
awarding authority with respect to provisions pertaining to MBE
and WBE participation.
10.3 Professional services contracts, the estimated cost
of which exceeds ten thousand . dollars ($10,000) , shall be awarded
and administered in accordance with the following standards and
procedures:
(a) The contract awarding authority or the department
making the contract award recommendation shall use good
faith efforts to solicit bids or proposals from MBEs
and WBEs certified to provide the specified services.
42
MBEs and WBEs shall be provided every practical
opportunity to submit bids or proposals;
(b) County departments shall include among consultant
selection panelists individuals who are women and
minorities;
(c) All 'consultant section panels and awarding
officers 'shall apply the bid/rating preferences to each
stage ofthe selection process, e.g. qualifications,
proposals and interviews. Each evaluation shall score
each consultant on a point system based on a
predetermined evaluation criteria and predetermined
point value. The selection criteria shall be based
solely on objective factors that are related to the
ability of the contractor to perform the proposed
project. ; the bid/rating preference shall be applied to
the score attained by the MBE,WBE, and/or LBE as set
forth in this Ordinance. If the highest score is
attained by a MBE or WBE, .the department shall enter
into good faith negotiations .with the consultant.
Subject to the prior approval of the Officer and upon a
showing that those negotiations were undertaken in good
faith with the aforementioned MBE or WBE consultant, a
department may award the contract to another competing
consultant.
(d) The ;Officer is empowered to take actions as are
designed to ensure compliance with the provisions of
43
this section, which shall include, but are not limited
to:
(i) order the suspension of the selection
process;
(ii) intervene in the selection process to
correct contracting practices which hinder equal
business opportunities for MBEs and WBEs.
SECTION 11. GOOD FAITH EFFORTS REQUIRED FOR OTHER CONTRACTS
11.1. All County departments, commissions, boards, officers
and employees, in the deposit of County funds and performance of
their other official duties, and in the award of leases,
franchises, concession, and contracts not subject to the race and
gender-conscious bid preferences of this Ordinance shall make
every good faith effort to use the services of MBEs and WBEs.
Such services shall included but are not limited to, the
financial services of banks, savings and loan companies and other
commercial financial institutions, .arrangement of travel and
accommodations when traveling on official County business and
such other services needed by County departments. Commission and
boards shall submit to the officer on an annual basis a written
report on the efforts make pursuant to this subsection.
11..2 The County Treasurer, the Controller, the Health
Service System and the shall report annually to
the Officer, with copies to the Chairperson or the County
Administrator, their utilization of MBEs and WBEs.
44
SECTION 12. EXCEPTIONS AND WAIVERS
12.1 The Officer shall waive the race and gender-conscious
i
bid preferences and. good faith requirements of this Ordinance
under the following,,circumstances:
(a) Whenever the Officer finds, with the advice of the
contract awarding authority, that needed goods or
services are available only from a sole source and the
prospective contractor is not currently disqualified
from doing business with the County, or from doing
business with any governmental agency based on a
failure to comply with MBE or WBE contract compliance
requirements;
(b) If the contract awarding authority certified in
writing to the Officer that (1) pursuant to
the contract is necessary to respond to
an emergency which endangers the public health or
safety and (2) there is no time to apply the bid
preferences) and no MBEs or WBEs capable of
performing the emergency work are immediately
available; provided that such certification shall be
made prior to the Controller's contract certification.
SECTION 13. MONITORING AND COMPLIANCE
13.1 Monitoring: The Officer shall monitor the County's
progress toward achievement of the goals stated in Section
The Officer shall issue an exit report for any contract which
45
includes MBE/WBE prime contractor participation as a joint
venture partner.. The purpose of the exit report is to ensure
that MBE/WBEs are actually performing services on the joint
ventures.
13.2 Non-Compliance: In cases .where the Officer has cause
to believe that a contractor acting in good faith has failed to
comply with any of the requirements of this Ordinance, rules and
regulations adopted pursuant to this Ordinance, or contract
provisions pertaining to MBE or .WBE participation, the '!Officer
shall notify the contract awarding authority and shall attempt to
resolve the non-compliance through conciliation. If the
noncompliance cannot be resolved, the Officer shall submit to the
Council and the contractor a written Finding of Non-Compliance.
The Council shall give the contractor an opportunity to appeal
. the Finding of Non-Compliance, and.. if the Council concurs with
the findings of the Officer, it shall. take such action as will
effectuate the purposes of this Ordinance. :.
13.3 Willful or Bad Faith Non-Compliance by Contractors:
In cases where the Officer has cause to believe that any bidder
or contractor has willfully failed to comply. with any of the
provisions of this Ordinance, rules and regulations adopted
pursuant to this Ordinance, or contract provisions pertaining to
MBE or WBE participation, the Office shall be empowered .to
conduct an investigation and after affording the contractor
notice and an opportunity to be heard, may impose sanctions for
reach violation of this subsection. Such sanctions shall include
46
by are not limited to:
(a) declare the bidder or contractor non-responsive
and ineligible to receive ':he award of the contract;
(b) declare the bidder or contractor an irresponsible
bidder and disqualify the bidder or contractor from
eligibility for providing goods or services to the
County for a period of five years, with a right of
review and reconsideration by the Council after two
years upon a showing of corrective action indicating
violations are not likely to reoccur;
(c) if the bidder or contractor is a MBE/WBE and/or
LBE, revoke its certification as a MBE, WBE and/or LBE;
(d) determine that the bidder or contractor has
willfully failed to comply with the provisions of this
Ordinance and pursuant to the provision in the contract
contemplated by Section of this Ordinance,
calculate., the liquidated damages for which the bidder
or contractor shall be liable.
Thereafter the Officer shall send a written notice to
the Controller, the Chairperson and all contract
awarding authorities or County officials overseeing any
contract with the bidder or contractor that a
determination of bad faith compliance has been made and
that all payment due the bidder or contractor shall be
withheld as agreed to by the bidder or contractor and
the County pursuant to Section
47
In addition, the Officer shall transmit to
a report of the determination of
liability and ask the to coordinate efforts
with the Controller and other applicable County '
departments to ensure that the liquidated damages are
paid to the County.
The bidder or contractor may appeal the Officer's
decision to the Council, which may sustain, reverse or
modify the Officer's findings and sanctions, imposed or
take such other action as will effectuate the purposes
of this Ordinance.
An appeal by a bidder or contractor may not stay the
Officer's findings.
13.4 Reports for Determining Compliance: The Officer may
require such reports, information and documentation from
contractors, bidders, contract awarding authorities and the. head
of any department, division, or office of the County as are
reasonably necessary to determine compliance with the
requirements of this Ordinance.
13.5 Non-Compliance by County Departments:
(a) Whenever the Officer finds after investigation
that a contract awarding authority has willfully failed
to comply with the provisions of this Ordinance, .a
48
written Finding of Non-Compliance specifying the nature
of the non-compliance shall be transmitted to the
contract awarding authority, the Chairperson and:
(b) The Officer shall attempt to resolve any non-
compliance through conference and conciliation. Should
such attempt fail to resolve the non-compliance, the
Officer shall transmit a copy of the Finding of Non-
compliance along with a finding that conciliation was
attempted and failed to the Council which shall notify
the contract awarding agency to take appropriate action
to secure compliance.
(c) The .Finding of Non-Compliance shall be
communicated to the Chairperson, County Administrator
and the Board of Supervisors.
13.6 Willful Misrepresentations: If the director has
reason to believe that any person has knowingly made, filed, or
caused to be filed with the County any materially false or
misleading statement or report made in connection with this
Ordinance, the Officer shall report that information to County
Council or the District Attorney for appropriate action. The
Officer shall be empowered to conduct an investigation and for
each violation of this subsection _ , to impose sanctions as
set forth in Section
SECTION 14. REPORTING AND REVIEW
14.1 Reporting by Departments: By of each fiscal
year all contract awarding authorities. and departments shall
49
report annually to the Chairperson on their progress in the
preceding fiscal year toward achievement of the MBE and WBE
participation goals.
14.2 Reporting by the Officer: .
(a) The Officer shall report quarterly to the Council
a
and to the Board of Supervisors whether the goals
t
stated in Section have been met in whole or in
part.
(b) The Officer shall report to the Council all
waivers acted upon pursuant to Section Such
report shall be made at the first Council meeting
following the granting of the waiver.
14.3 Reporting by the Council: By of each
fiscal year subject to this Ordinance, the Council shall submit
an annual report to the Board of Supervisors and County
Administrator on the progress of the County toward the goals
stated in Section of this Ordinance, together with .an
identification of problems and specific recommendations for: (1)
discontinuing the race or gender-conscious bid preferences in
those cases where the bid preferences have remedied the
identified discrimination against MBEs and WBE; and (2) improving
the County's performance in remedying the identified
discrimination against MBEs and WBEs
14.5 The Board of Supervisors shall act upon the Council's
recommendations, by the meting of in each fiscal year
subject to this Ordinance.
50
14.6 Review of the Council: This Ordinance shall expire
unless the Council, after conducting public hearings,
finds that the purposes identified in Section have not yet
been achieved, in. which case it shall certify said finding to the
Board of Supervisors no later than 120 days prior to the
expiration date. Thereafter, the Board of Supervisors may extend
the Ordinance for additional three-year periods.
14.7 Review by the Contract Review Committee:
The Contract Review Committee established pursuant to
Section shall have the following powers and duties:
(a) To review contracts referred to it by the Officer
or a department for determining whether the contract
should be set aside, where competition for the contract
is limited to MBEs, WBEs and/or joint ventures with
MBE/WBEs;
(b) before approving a set aside of a contract, the
Contract Review Committee shall first determine that:
(i) the department seeking or affected by the set
aside has complied with all of the requirements of
Section and (ii) there are at least three
(3) business enterprises which are certified or
eligible for certification as . a MBE or WBE which can
complete for the contract set aside.
(c) after making the findings required by subsection
, the Contract Review Committee may approve that
a contract be set aside. However, the Contract Review
51
` I
Committee, shall first consider the feasibility of
approving a set aside where competition is limited to
joint ventures with MBE and/or WBE participation which
equals or- exceeds thirty-five (35%) . The Contract
Review Committee shall issue its findings and approval
in writing to the department affected by the set aside.
SECTION 15. CLERK OF THE BOARD TO TRANSMIT COPIES OF THIS
ORDINANCE.
The Clerk of the Board of Supervisors shall send copies of
this Ordinance to every department, agency, commission and
contract awarding authority of the County. Each appointing
.officer of the County shall inform all employees under his or her
jurisdiction of the provisions of this Ordinance and of the duty
of all of his or her employees to comply with the provisions of
this Ordinance. Each appointing officer shall also inform
employees that if the employee fails to comply with the
requirements of this Ordinance the employee .shall be subject to
appropriate disciplinary action.
The Clerk of the Board of Supervisors shall also inform
every department, agency, commission and contract awarding
authority that whenever in accordance with the provisions of the
a proposed ordinance
resolution, contract, lease, franchise, license, or other
agreement or transaction is submitted to the Board of Supervisors
for its adoption or approval, it shall be the policy of the Board
52
of Supervisors to adopt legislation or approve those agreements
or transaction where the department firs has demonstrated in
writing to the Board of Supervisors that the department has
engaged in good faith efforts to include the participation of.
MBEs and WBEs in the department's procurement and contract award
practices.
SECTION 16 IMPLEMENTING REGULATIONS
Not later than days after the enactment of this
Ordinance, the Council shall adopt amendments to the rules,
regulations and procedures it adopted and publicly promulgated
pursuant to The Council shall afford the
public and County departments the opportunity to provide impute
to and comment on the amendments to the regulations prior to
their formal adoption.
SECTION 17. SEVERABILITY
The provisions of this Ordinance are declared to be separate
and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this Ordinance, or
the invalidity of the application thereof to any person or ,
circumstances shall not affect the validity of the remainder of
this Ordinance, or the validity of its application to other
persons or circumstances.
SECTION 18. EFFECTIVE DATE
This Ordinance shall take effect on 1992 and
shall govern all contracts for which a bid has not been solicited
by the effective date.
53
DATE:
REQUEST TO SPEAK FORM
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.'
NAME: /y�S� &g' ?w - Z PHONE: 6 8 7- cJ 7 2 0
ADDRESS: 7 V.S S �f l b CITY: �O/I-mv E� �IyL Z 3T
Y�lf� T. s � /�y I ��c ,� �
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I am speaking formyself OR organization:
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DATE:
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Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.
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Check one: (NAME OF ORGANIZVION)
I wish to speak on Agenda Item #
My comments,will be . ,general_• for. against ,
I wish to speak on the subject of -
X I do not wish to speak but leave these comments for the Board to consider.
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SPEAKERS
1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speakers'
microphone before your item is to be considered.
2. You will be called to make your presentation. Please speak into the microphone.
3. Begin by stating your name and address; whether you are speaking for yourself or as a
representative of an organization.
4. Give the Clerk a copy of your presentation or support. documentation, if available.
5. Please limit your presentation to three minutes. Avoid repeating comments made by previous
speakers. (The Chair may limit'length of presentations so all persons may be heard.)
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DATE:
REQUEST To SPEAK FORM
' (THREE (3) MINUTE LIMIT `
Complete this form and place it in the box near the speakers' rostrum.before
addressing the Board..
NAME: C�I�Y / v HONE: IK
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ADDRESS: �1 1O o2 T „ ��i /\ ///y CrIY: _(/
I am speaking formyself OR organization:LOP-771tiPA) C��
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Check one: E O ORGANI AT10,
�t� ane-�OsaC
I wish to speak on Agenda Item #
My comments will be: general for against
I wish to speak on the subject of it) C/ -
I do not wish to speak but leave these comments for the Board to consider.
DATE: ► 92
REguEsT To SPEAK FoRm .
(THREE (3) MINUTE LIMIT
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.:;.
NAME: J L-T S C o LLL J o H-t J S o n) PHONE: Z3-t—4-o 55
ADDRESS: 5 F-0'4 ALPO: 1 k:!:7DA A-V if CrrY: �4U G E- M OND
I am speaking formyself OR organization: L:F c "yt,5 062y c o v N c i"
(NAME OF ORGANIZATION)
Check[ one:
I wish to speak on Agenda Item #
My comments will be: general for against
x I wish to speak on the subject of_ 4c-//w t3 E
I do not wish to speak but leave these comments for the Board to consider.