HomeMy WebLinkAboutMINUTES - 11091993 - 1.58 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 9, 1993, by the following vote:
AYES: Supervisors Powers, Bishop, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Smith
ABSTAIN: None
SUBJECT: Albers )
Annexation to ) RESOLUTION NO. 93/ 682
County Sanitation )
District No. 19 )
(LAFC 93-15) )
This resolution is adopted pursuant to the Cortese-Knox Act
(Gov. Code, §§ 56000-57550) .
This proposal is for an uninhabited annexation of the
subject territory to County Sanitation District No. 19 and the
purpose of the proposed change of organization is to allow
efficient provision of sewer and/or water service to the subject
territory. The exterior boundaries of the subject territory are
as described in Exhibit A hereto.
The terms and conditions for the change of organization, as
specified by the Local Agency Formation Commission, are that:
The boundaries of the annexation be as described in Exhibit
A.
The affected territory will be taxed for any existing bonded
indebtdness of County Sanitation District No. 19 . The regular
county assessment roll will be used for the collection of taxes
and assessments in the subject territory.
This Board hereby approves and orders this proposal, subject
to the aforestated terms and conditions .
DCG/jh
J-9:\a:\a1bers
hereby certify that this is a trim, and corract ..:py of
an action taken and entered on the rninu-es of the
Board of Supervi ors on the date shown.
ATTESTED: — 1, /9gi 3
cc: LAFCO - Executive Officer PHIL BATCHELOR,Clerk of the Board
State Board of Equalization of SuPervisors and County Administrator
County Assessor
County Recorder A► .Deputy
Public Works Director
County Auditor-Controller
Pacific Gas & Electric Co.
Applicant
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i
RESOLUTION NO. 92/ 682
• - -
Local Agency Formation Commission
Contra Costa County, California
Approved Description
Date: 10/13/93 By: Tim Aiello
(L.A.F.C. 93-15)
ALBERS ANNEXATION TO
SANITATION DISTRICT NO. 19
EXHIBIT A
All deed and map reference hereinafter referred to are as recorded in
the Office of the Recorder of Contra Costa County, State of California.
All that real property situate in the unincorporated area of the County
of Contra Costa, State of California, described as follows;
A portion of the northeast 1/4 of Section 34, Township 1 North, Range 3
East, Mount Diablo Base and Meridian, further described as follows:
Beginning at the east quarter corner of said.Section 34, said point
also being the intersection of State Highway 4 and Bixler Road; thence from
point of beginning along the centerline of Highway 4 South 89007'42" West
2,643.81 feet to the center of said Section 34; thence along the north/south
midsection line of said section North 01000'05" East 2,643.88 feet to the
north quarter corner of said Section 34, said point being on the centerline of
Marsh Creek Road; thence along said centerline South 89003'10" East 34.37
feet; thence leaving said centerline South 01000100" West 1016.89 feet; thence
South 89004'55" East 396.00 feet; thence South 00059103" West 379.50 feet;
thence South 89005134" East 2,211.00 feet to the centerline of Bixler Road;
thence along said centerline South 00°53'45" West 1 ,245.76 feet to the point
of beginning.
Containing 80.40 acres more or less.
57/
CONTRA COSTA COUNTY
C
CONDUCTING AUTHORITY INFORMATION
DATE: October ,;?7 , 1993
TO: Jeanne Maglio, Clerk of
the Board of Supervisors
651 Pine Street
Martinez, CA 94553
SUBJECT: ALBERS ANNEXATION TO COUNTY SANITATION DISTRICT NO. 19
(SD19) AND CONCURRENT REVIEW AND UPDATE OF THE SPHERE
OF INFLUENCE (SOI) BOUNDARY OF SAID DISTRICT
(LAFC 93-15)
Attached is the LAFCO resolution approving the proposal for which
your agency has been named conducting authority. In order to
complete this proposal, your agency will be required to conduct
further proceedings with or without notice or hearing as outlined
in the resolution and in accordance with the Cortese/Knox Local
Government Reorganization Act (Government Code 56000 et seq) .
1 . If further proceedings on the action require a noticed
public hearing, please note "a" through "c" below:
a. The clerk of the conducting authority ( for independent
districts it shall be the secretary to the board of directors)
shall set the proposal for hearing and prepare the "notice of
hearing. " The date of the hearing can be "no less than 15 days
nor more than 60 days" from the date the notice of hearing is
published (GOVCode 57002)
b. The notice of hearing shall be mailed, published, and
posted pursuant to the provisions of GovCode 57025 and 57026 . In
part, these sections indicate that mailed notice is to be
provided to " . .each affected district, affected county, the
commission (LAFCO) , the chief petitioners, if any, all landowners
owning land within any territory proposed to be formed into or to
be annexed to, or detached from, an improvement district within
any city or district. . " Further, Section 57026 specifies how and
when a written protest may be submitted to the conducting
authority
c. Further provisions regarding actions of the conducting
authority are outlined beginning with GovCode 57050
2 . The resolution to be adopted by the conducting authority
approving the change must contain the following items (GovCode
57082) :
a. A statement that the action is taken pursuant to the
Cortese/Knox Local Government Reorganization Act (GovCode 56000)
b. The type of change of organization or reorganization
being acted upon. Please note: Your agency has been named the
conducting authority for all jurisdictional changes approved by
LAFCO. All of these changes must be addressed in the conducting
authority's proceedings and resolution
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c. . A description of the boundaries of the proposed change
(please use LAFCO' s boundary description)
d. The entire list of LAFCO conditions for the proposal
(see LAFCO resolution)
e. The reasons for the change (see initiating document)
f. A statement that the regular county assessment rolls
will be used
g. A statement that the affected territory will or will not
be taxed for existing general bonded indebtedness of any agency
whose boundaries are changed (see LAFCO resolution)
If any of these items are missing from the final resolution,
the LAFCO office will notify your agency and request a corrected
resolution. The proposal cannot be completed until the
resolution complies with the statute.
3 . The completion package to be submitted to the LAFCO office
for processing must include the following:
a. Six ( 6) certified copies of the resolution ordering the
boundary change with the LAFCO-approved description
b. A check payable to the State Board of Equalization to
cover filing fees (submit to LAFCO) . These fees are based upon
acreage and type of proposal, which is computed as follows :
PARCEL ACREAGE SBE FEE
74 acres $400
Any questions regarding the conducting authority proceedings
should be directed to the LAFCO office (510) 646-4090.
r
Annamaria Perrella
LAFCO Executive Officer
RESOLUTION NO. 93-15
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
OF CONTRA COSTA COUNTY
MAKING DETERMINATIONS AND APPROVING
ALBERS ANNEXATION TO COUNTY SANITATION DISTRICT NO. 19
(SD19) AND CONCURRENT REVIEW AND UPDATE OF THE SPHERE OF
INFLUENCE (SOI ) BOUNDARY OF SAID DISTRICT
RESOLVED, by the Local Agency Formation Commission that:
A proposal for the annexation of certain territory to County
Sanitation District No. 19 has been filed with the Executive
Officer of this Commission pursuant to Title 5, Division 3,
commencing with Section 56000 of the Government Code; and
The Executive Officer has reviewed the proposal and prepared a
report, including her recommendations therein; the proposal and
report having been presented to and considered by this
Commission; and
This Commission called for and held a public hearing on the
proposal on October 13, 1993 and at the hearing this Commission
heard and received all oral and written protests, objections and
evidence which were made, presented or filed, and all persons
present were given an opportunity to hear and be heard with
respect to this proposal, the Executive Officer' s Report; and
It is hereby dertified that the Commission has reviewed and
considered the environmental impact report prepared by the County
acting as lead agency, pursuant to the California Environmental
Quality Act.
NOW, THEREFORE, the Local Agency Formation Commission DOES HEREBY
RESOLVE, DETERMINE AND ORDER as follows:
1. The proposal is approved.
2 . The CEQA Findings, Explanation and Statement of
Overriding Considerations is hereby adopted.
3 . The Statement of Determinations with Respect to Factors
Specified by GovCode 56425 regarding SOI amendments is hereby
adopted as shown as Exhibit B.
4 . The territory includes +/- 74 acres, is found to be
uninhabited, and is assigned the following short-term
designation: "Albers Annexation to County Sanitation District No.
19 (LAFC 93-15) . "
5 . The proposal shall be subject to the conditions
that: 1) the boundaries of affected territory shall be as
amended and described in attached Exhibit "A" and 2) affected
territory shall be subject to ordinances, rules, regulations,
bonded indebtedness and contractual obligations same as annexing
agency.
Local Agency Formation Commission
Contra Costa County, California
Approved Description
Date: 10/13/93 By: Tim Aiello
(L.A.F.C. 93-15)
ALBERS ANNEXATION TO
SANITATION DISTRICT NO. 19
EXHIBIT A
All deed and map reference hereinafter referred to are as recorded in
the Office of the Recorder of Contra Costa County, State of California.
All that real property situate in the unincorporated area of the County
of Contra Costa, State of California, described as follows;
A portion of the northeast 1/4 of Section 34, Township 1 North, Range 3
East, Mount Diablo Base and Meridian, further described as follows:
Beginning at the east quarter corner of said Section 34, said point
also being the intersection of State Highway 4 and Bixler Road; thence from
point of beginning along the centerline of Highway 4 South 89007'42" West
2,643.81 feet to the center of said Section 34; thence along the north/south
midsection line of said section North 01°00'05" East 2,643.88 feet to the
north quarter corner of said Section 34, said point being on the centerline of
Marsh Creek Road; thence along said centerline South 89003110" East 34.37
feet; thence leaving said centerline South 01000100" West 1016.89 feet; thence
South 89004155" East 396.00 feet; thence South 00059'03" West 379.50 feet;
thence South 89005'34" East 2,211.00 feet to the centerline of Bixler Road;
thence along said centerline South 00°53'45" West 1 ,245.76 feet to the point
of beginning.
Containing 80.40 acres more or less.
STATEMENT OF DETERMINATIONS WITH RESPECT 'PO FACTORS
SPECIFIED BY GOVERNMENT CODE SECTION 56425 REGARDING
SPHERE OF INFLUENCE (SOI ) REVIEW AND UPDATE FOR COUNTY
SANITATION DISTRICT NO. 19 AS DETERMINED IN CONJUNCTION WITH
APPROVAL OF "ALBERS BOUNDARY REORGANIZATION (LAFC 93-15) "
This Commission has reviewed and considered the Executive
Officer' s Report dated October 6, 1993 regarding "Albers Boundary
Reorganization (LAFC 93-15) And Concurrent Review And Update of
the Sphere of Influence (SOI ) Boundary of County Sanitation
District No. 19 . " Said report and its enclosures contain
information substantiating these determinations and are
incorporated herein as though set forth in full .
Factors specified by Government Code Section 56425 and
determinations by this Commission for each are as follows :
Factor 1 : The present and planned land uses in the area,
including agricultural and open-space lands .
Determination: Present and planned land uses in the
area are discussed in the Executive Officer' s
Report and its enclosures incorporated herein as
though set forth in full.
Factor 2 : The present and probable need for public facilities
and services in the area.
Determination: Present and probable need for public
facilities and services are addressed in the
Executive Officer Report's and its enclosures
incorporated herein as though set forth in full .
Factor 3 : The present capacity of public facilities and adequacy
of public services which the agency provides or is
authorized to provide.
Determination: This factor, too, is discussed
in the Executive Officer Report and its enclosures
incorporated herein as though set forth in full .
Factor 4 : The existence of any social or economic communities of
interest in the area if the commission determines that
they are relevant to the agency.
Determination: This SOI extension is requested
concurrently with the review and determination of the
related reorganization, consisting of annexation of
affected territory to Sanitation District No. 19 and
concurrent detachment from the Byron-Bethany
Irrigation District.
AP: th
stmdet
Resolution No. 93-15 2
6 . Pursuant to GovCode Section 56029(b) , the Contra :Costg
County-,Board Super
of visors=-is..des ignated -:the -conducting•
authority, and-- ie., authorized;,--to:_waiv&; subsequent--: proceedings':
7 . The Executive Officer is hereby authorized and directed
to mail certified copies of this resolution as provided in
Section 56853 of the Government Code.
* * * * * * * * * * * * * *
Passed and adopted this 13th day of October, 1993, by the
following vote:
AYES: Commissioners Greene, Menesini, Uilkema and
Torlakson
NOES: None
ABSTAINING: Commissioner Smith
I hereby certify that the foregoing is a true and correct copy of
a resolution passed and adopted by the Commission on the date
aforesaid.
Annamaria Perrella
Executive Officer
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SANITATION DISTRICT NO. 19 WITH THE ALSERS
ANNEXATION (LAFC 93-15 , 10/13/93)
i
Amends language to be added to RFP - 1.58
REQUEST FOR PROPOSALS
CONTRA COSTA TCI-FRANCHISERS' CONSORTIUM
CABLE TELEVISION RATES AND FRANCHISE FEES AUDIT
I. DEFINITIONS
V. "MBE/WBE Program" means the County' s Minority Business
(MBE) and Women Business Enterprise (WBE) Contract
Compliance Program for professional/personal services .
W. "MBE/WBE Contract" means Ms. Emma Kuevor, Contrac
Compliance Officer. She will clarify questions regardi
the County' s MBE/WBE reporting requirements in this RF .
III . REPORTING REQUIREMENTS
e. Auditor responding to the RFP must meet an MBE goal of 5%
and a WBE goal of 10%, or document a "good faith" effort
to meet the goals. They must also comply with the �\
requirements of the MBE/WBE Program (refer to
Attachment B) .
f. MBE and WBE firms must be certified at the time the RFPs
are submitted.
VI . SUBMITTAL REQUIREMENTS
g. Submitted RFPs must include the MBE/WBE information sheet
which lists the certified MBE and WBE firm(s) .
h. Two days after submitting the RFPs, auditors must submit
their "good faith" effort documentation, if they have not
met the MBE and WBE goals .
rfp-tci
Contra Costa county
Professional/Personal Services Contract
Requirements
The goals are:
SIC Description Goals
Code MBE WBE
60 Depository Institutions 1% 1%
64 Insurance Agent and 5% 13%
Brokers Service
65 Real Estate 5% 1
73 Business Services 24% 53% -
75 Automotive Repair, 14% 10%
76 Miscellaneous Repair 15% 15%
Services
80 Health Services 16% 13%
81 Legal Services 4% 15%
82 Educational Services 5% 27%
87,89 Engineering, Accounting, 5% 10%
Research, Management and
Related Services; and
Miscellaneous Services
The goal of 24% MBE and 44% WBE must be used if a
contract does not fall under one of the above SIC Code
categories.
B. Meeting and Counting MBE/WBE Goals
1 . The total dollar value of a contract with a
certified MBE/WBE business is counted toward either
the minority or the women goal, but not toward both
goals with one exception. Minority women are
counted toward both the minority and women goals.
2. The prime consultant/service provider may choose
the goal to which the contract value is applied.
2
Contra Costa County
Professional/Personal Services Contract
Requirements
3. If the prime consultant/service provider is a
certified MBE or WBE, the percentage of work they
perform may be counted towards the MBE/WBE goals.
4 . MBE/WBEs in a Joint Venture who are not certified
at the time of submitals described below will not
be counted towards the MBE/WBE goals.
5. Certified MBE/WBE participation in a Joint Venture
counted toward the goal will be equal to.- the
percentage of the total dollar value of ' the
contract that the MBE/WBE partner is responsible
for performing.
III . Requests for Proposals/Statements of Qualifications and/or
Quotes
A. MBE/WBE Service Contract goals apply to all contracts
estimated to be more than $2,500. Requests for
Proposals/Statements of Qualifications shall include the
Service Contract goals (based on SIC Codes or the
"general" Service Contract goals) and the MBE & WBE
Professional/Personal Services Contract Requirements .
B. Goals must be met by certified MBE/WBE
consultants/service providers . The MBE/WBE must be
certified at the time responses to Requests for
Propsals/Statements of Qualification and/or Quotes
(hereinafter referred to as "Proposals" ) are submitted.
Consultants/Service Providers not certified at the time
the Proposals are submitted will not be counted towards
the MBE/WBE goals.
C. If the Prime Consul tant/Service Provider does not meet
the MBE/WBE participation goals at the time the Proposal
is submitted, they must document their "good faith
efforts" to meet the goals (stated in Section IV) .
D. Requests for "Proposals" must be reviewed by the Contract
Compliance Officer or designated staff prior to being
advertised.
E. "Proposals" submitted to the Department including Special
District's (hereinafter referred to as Departments) must
meet the MBE & WBE goals . The Consultant/Service
Provider must complete the "MBE/WBE Consultant
Information" form (Attachment A) that will . list the
3
Contra costa County
Professional/Personal Services Contract
Requirements
certified "MBE/WBE's being used for the project and the
percentage of work to be performed and •3stimated dollar
amount. These are reviewed by the Contract Compliance
Officer or designated staff to determine if goals have
been met by certified MBi/WBEs or if good faith effort
has been performed.
F. If the consultant information form shows that goals are
not met by certified MBE & WBEs, the Consultant/Service
Provider must submit their "good faith effort"
documentation with their responses to the Request for
"Proposals. "
G. The Contract Compliance Officer reviews the "good faith
effort" documentation and recommends to the department(s)
the Consultant/Service Providers that meet the County's
MBE/WBE goals or demonstrate good faith effort.
H. No substitution of an certified MBE & WBE sub consultant/
sub service provider shall be made at any time without
the written consent of the Contract Compliance Officer.
If an certified MBE/WBE sub consultant/sub service
provider is unable to perform successfully and is to be
replaced, the prime consultant will be required to make
good faith efforts to replace the original certified
MBE/WBE with another certified MBE/WBE sub consultant/sub
service provider.
IV. "Good Faith Effort" Documentation
A. "Good faith effort" documentations shall include specific
affirmative actions and complete documentation of those
actions. The following list is not exclusive or
exhaustive. Other factors or types of efforts may be
relevant in appropriate cases. In determining whether a
consul tant/service provider has made a good faith effort,
the Contract Compliance Officer may look not only at the
different kinds of efforts that the consultant/service
provider has made, but also the quantity and intensity of
those efforts.
B. At a minimum, a consultant/service provider should do
all of the following to document a "good faith effort" :
1. Attend any pre-interview meetings scheduled by the
Department or County for the project or, within one
4
Contra Costa County
Professional/Personal Services Contract
Requirements
year preceding the interview, attend one or more
pre-interview meetings scheduled by the County for
other projects or workshops given by the County on
its MBE/WBE procedures for Professional/Personal
Services Contracts.
2 . Identify, list, and select specific items of
service which may be performed by minority and/or
women business enterprises to provide an
opportunity for participation by those enterprises.
3. Not less than ten calendar days before interviewing
or proposals are due, for each identified item of
service: send by certified mail written notice of
the interview and "Request for Statement of
Qualification or Quotes" to at least three
certified MBEs and three certified WBEs licensed or
reputed to be qualified to provide the item of
service or document your referral quieries.
Soliciting MBE/WBE sub consultants/ service
providers can be performed through advertisements
in general circulation media, journals, and
minority/women focused media. Include in each
notice, the following minimum information:
a. interview date or proposal due date;
b. description of project(s) ;
C. services required;
d. approximate size of project; and
e. other pertinent information.
4. Not less than ten calendar days before interviews,
advertise in one or more daily or weekly
newspapers, association publications, or journals
or document referral queries . For each
publication, submit a copy of the advertisement
showing the date of the publication and the
advertisement.
5. At least ten calendar days before interview(s)
request by certified mail assistance from at least
one of the following: ( 1) minority and women
community organizations; (2) minority and women
Consultant/service provider groups; (3) local,
State, or Federal minority and women business
assistance offices (including the Affirmative
Action Office) ; (4) certifying agencies acceptable
5
Contra Costa County
Professional/Personal Services Contract
Requirements
to the County; (5) or other organizat.Lons that
provide assistance in the solicitation of minority
and/or women business enterprises. For each agency
or organization contacted, list the name of the
agency/organization, the contact person, the date
of contact and the response received.
6. Follow up on initial solicitations of interest from
MBE's/WBE's by contacting them to determine with
certainty whether the certified MBE/WBEs are
interested in performing specific items of service
for the project. List the name and phone number of
the certified MBE or WBE called and the dates of
initial notice and follow up calls.
7 . Provide interested minority and women businesses
with information about the requirements for the
project scope and requirements for the selected
items/categories of service. List, for each
certified MBE or WBE to which such information is
provided, the name of the firm, contact person and
telephone number.
8 . Negotiate in good faith with the minority and women
business enterprises, and not unjustifiably reject
as unsatisfactory statements of qualifications/
proposals or quotes prepared by any certified
minority or woman business enterprise. List each
certified MBE/WBE from which a Request for proposal
was received. If a certified MBE/WBE was not used,
list detailed reasons.
9 . Where applicable, advise and make efforts to assist
interested minority and women business enterprises
in obtaining any insurance required by the County
or the prime consultant/service provider. For each
firm advised or assisted, list the name of the
firm, the contact person and the date assistance
was given.
C. In considering the prime consultant's/service provider's
documentation of -good faith effort, the Contract
Compliance Officer will consider whether the prime
consultant's efforts to obtain certified minority and
women business enterprise participation could reasonably
be expected to produce a level of participation
6
Contra Costa county
Professional/Personal Services Contract
Requirements
sufficient to meet the goals and requirements of the
County.
V. MBE/WBE Letters of Intent
A. The prime consultant/service provider shall also submit
within two (2) working days after completion of fee
negotiation and before contract is executed a completed
"Letter of Intent to Perform as an MBE/WBE Subconsultant/
Subservice Provider" form (Attachment B) for each MB.E/WBE
listed on the "MBE/WBE Consultant "Information" form.
The Letter of Intent shall be signed by the certified
MBE/WBE identifying the items(s) of work to be performed
and the actual dollar amount to be received. This amount
excludes any markup by the prime consultant/service
provider.
B. Work represented by the "Letter of Intent" form submitted
later than two days after completion of fee negotiation
may jeopardize eligibility for contract award.
VI . Verification of MBE/WBE Performance
A. The Contract Compliance Officer, or his/her designee,
shall have the right to visit the the provider' s officers
from time to time, unannounced, to monitor MBE/WBE
utilization.
B. Upon completion of services, the Contractor shall submit
a completed "Verification of Performance as. an MBE/WBE
Subconsu 1 tant/Subs ervice Provider" form (Attachment C)
for each MBE/WBE listed on the "MBE/WBE Consult
Information" form that was submitted with the proposal.
The form shall be signed by the certified MBE/WBE
identifying the item(s) of work performed and the actual
dollar amount earned.
C. Consultants/Service Providers must submit the forms to
the Department. Final payment for work done will not be
made to the Consultant/Service Provider until all MBE/WBE
verification forms are received.
VII . Requests for Services Made Informally
A. In the event a request for services is made informally
[i .e. not with a Request for Proposal] , it is the
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Contra Costa County
Professional/Personal Services Contract
Requirements
Department's responsibility to solicit and award to
Consultant/Service Providers in a manner which will meet
the County's MBE/WBE goals.
B. Reporting
1. A report (Attachment D) of responses must be
prepared by the Department listing:
a. the name of the firms solicited identifying
firms that are MBE/WBEs;
b. firms that responded identifying firms •that
are MBE/WBEs;
C. firm selected; and
d. the reasons a certified MBE/WBE firm was not
selected for award.
The report is sent to the Contract Compliance
Officer on a quarterly basis.
2 . The individual report for each Service Contract
will be reviewed. Departments that may need
assistance in their solicitation efforts should use
the County's Directory and/or contact those
agencies we accept certification.
3. Solicitation efforts are reported to the Board of
Supervisors on a semi annual basis.
VIII . MBE/WBE Standards
A. Certifying Agencies
1 . MBEs and WBEs must be certified by one of the
following acceptable agencies:
a. City of Oakland, Office of Public Works,
Oakland (510) 238-3970;
b. Contra Costa County, Affirmative Action
Office, Martinez (510) 646-4106;
C. Port of Oakland, Contract Compliance office,
Oakland (510) 272-1316 or 272-1390;
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Contra Costa County
Professional/Personal Services Contract
Requirements
d. Los Angeles Transportation Commission, Los
Angeles (213) 623-1194;
e. San Francisco Human Rights Commission, San
Francisco - ( only the Certification list, not
the Registry) (415) 252-2513 or 242-2514;
f. Regional Transit Association, Oakland
(510) 464-7727;
g. Small Business Administration, Section ' 8(a)
San Francisco (415) 744-6429 .
2 . Each of these agencies may be contacted and used as
a reference to identify eligible minority and women
consultants/service providers that meet the
County's MBE/WBE Program Criteria.
B. Certification Eligibility Standards
I . Contra Costa County will only certify those firms
meeting the County' s Program Criteria (Attachment
E) .
2 . The County' s Program Criteria sets forth the
requirements for a Minority or Woman Business
Enterprise to be eligible for certification.
3 . The term of certification is twelve months except
when the business is new ( just starting) The
length of certification for a new business is six
months .
C. Appeals
1. Certifications denied by the Contract Compliance
Officer may be appealed by the applicant. Appeals
must be sent to the County Administrator, 651 Pine
Street, Martinez, CA 94553. Applicants have ten
working days to file an appeal with the County
Administrator after being notified by the Contract
Compliance officer that their request for certifi-
cation was denied.
2. The written appeal will be reviewed by the County
Administrator who will render a decision.
9
Contra Costa County
Professional/Personal Services Contract
Requirements
3 . The decision of the County Administrator may be
appealed to the Board of Supervisors ' within ten
working days after the County Administrator's
notice denying the appeal. The appeal to the Board
of Supervisors ' must be submitted in writing to the
County Administrator and Clerk of the Board of
Supervisors. The decision of the Board of
Supervisors will be final.
IX. Compliance
A. Non-compliance by the consultant/service provider. with
any of the MBE/WBE requirements constitutes a breach of
contract and may result in the termination of the
contract or other appropriate remedy for such a breach.
B. When a service contract is to be awarded, it shall be
awarded in accordance with applicable County, State, and
Federal statutes and regulations .
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MBE/WBE CONTRACT COMPLIANCE PROGRAM
Affirmative Action Office
651 Pine Street, Martinez, CA 94553
510/646-4106; FAX 510/646-4098
LETTER. OF INTENT
TO PERFORM AS AN MBE/WBE
SCBCONSULTANT/SERVICE PROVIDER'
1.
Name of Prime Consultant/Service Provider
2.
Name of Project
3.
Project Number
4. The undersigned will perform work in connection with the above project as (check one):
sole proprietorship corporation
partnership joint venture
Please attach your MBE/WBE certification letter or certificate if available.
5. Check one of the following:
MBE Subconsultant WBE Subconsultant
_ MBE Service Provider WBE Service Provider
M13E Other WBE Other
Describe �~ Describe
6. The undersigned will perform the following described work in connection with the above
project (specify in detail the particular work items or parts to be performed:
7. Total Bid to Prime Consultant/Service Provider: $
8.
Signature Position/Title Date
9.
Name of Person Completing This Form
10. ( �
MBE/WBE Company Name Phone Number
FAX Number
A:\0CP1-3_C@rr
(4/2/93)
Contra Costa County
MBE/WBE CONTRACT COMPLIANCE PROGRAM
Affirmative Action Office
651 Pine Street, Martinez, CA 94553
510/646-4106; FAX 510/646-4098
VERIFICATION OF PERFORMANCE
AS AN MPE/WBE
SUBCONSULTANT/SERVICE PROVIDER
1.
Name of Prime Consultant/Service Provider
2.
Name of Project
3.
Project Number
4. The undersigned performed work in connection with the above project as (check one):
sole proprietorship corporation
partnership joint venture
5- Check one of the following:
MBE Subconsultant WBE Subconsultant
MBE Supplier. WBE Service Provider
MBE Other WBE Other
Describe Describe
6. The undersigned has performed the following described work in connection with the
above project (specify in detail the particular work items or parts that were
performed) :
7. Bid to Prime Consultant/Service Provider (Refer to line #7 on the "Letter of Intent"
Form): $
8. Total Amount Received: $
9. Explain any difference between lines #7 and #8 by attaching a written explanation.
10
Signature Position/Title Date
11.
Name of Person Completing This Form
12.
MBE/WBE Company Name Phone Number
FAX Number
A:\CCPI-3.CHT
4/5/93
contra costa County
HBE/WBE
Contract Compliance Program
Professional/Personal Services Contract
NBE/WBE
Solicitation Summary Sheet
1. Department:
2- Dates of Solicitation:
3. Description of contract:
4- Annual Contract: 5- One-Time Contract:
6- Contract Ienth of Term: Start Date:
Expiration Date:
7. Estimated Dollar Amount of Contract: $
8. Consultants/Service Providers solicited (Use additional paper if needed):
Name Race Sex Contact Person Telephone No. Date
Total Number solicited:
Number of Certified MBES Number of Certified WBEs
Page I of 3
ATTACHMENT D
Professional/Personal Services Contract
MBE/WBE
Solicitation Summary Sheet (Continued) )
9. Consultant's/Service Provider's Response (Use additional paper if needed):
Name Race Sex Contact Person Telephone No. Date
Total Number of Responses:
Number of Certified MBEs:
Number of Certified WBEs:
10. Contract Awarded to:
Name of Firm:
Contact Person:
Telephone Number:
Area Code
11 : MBE Participation:
Name of Firm:
Contact Person:
Telephone Number:
Area Code
Estimated $
WBE Percentage:
WBE Participation:
Name of Firm:
Contact Person:
Telephone Number:
Area Code
Estimated $
WBE Percentage:
Page 2 of 3
ATTACHMENT D
Professional/Personal Services Contract
I MBE/WBE
Solicitation Summary Sheet (Continued) )
1,, Reason(s) MBE/WBEs who responded and negotiated but were not not selected.
a.
b.
C.
Department MBE/WBE Liaison:
Name
Signature
Page 3 of 3
ATTACHMENT D
Contra Costa County
MBE/WBE/DBW Contract Compliance Program
PROGRAM CRITERIA
Contra Costa County will only certify those firms meeting the County's definition
of a Minority/Woman/Disadvantaged Business Enterprise, Disadvantaged Business
Enterprise (MBE/WBE/DBE) according to the criteria specified below:
I. MBE:
An eligible Minority Business Enterprise (MBE) is a business entity which
is at least 51% owned and whose management and daily business operations
are controlled by one or more minorities who are citizens or lawful
permanent residents of the United States and a member of a recognized
ethnic or racial group. The management operations, and control must be
substantial, real, and on-going on a regular basis. The eligible ethnic
or racial groups are defined as follows:
RACE/ETHNIC
Please check off and transfer your response to page 1, filling in both
ethnic background and, where applicable, the country of origin.
-Black: All persons having origins in any of the Black racial
groups of Africa
-Latino(a): All persons having origins in Mexico, Puerto Rico, Cuba,
Central or South America, regardless of race
Mexico Central America
Country
Puerto Rico South America
Country
Cuba
Asian All persons having origins in any of the original
Pacific peoples of Japan, China, the Indian Subcontinent, the
Islander: Philippines, Vietnam, Cambodia, Laos, Korea, Samoa,
Guam, the U.S. Trust Territories of the Pacific,
Northern Marianas, Taiwan, Hawaii or the Pacific Islands
Japan China India
Philippines Vietnam Cambodia
Laos Korea Samoa
Guam Taiwan Hawaii
Northern Marianas
U.S. Trust Territories of the Pacific
AND
American All persons having origins in any of the original
Indian peoples of North America (including Aleuts and Eskimos)
Alaskan who maintain cultural identification through tribal
Native: affiliation or community recognition
American Indian Eskimo
Aleut
Other
Page 1 of 3 ATTACHMENT E
Contra Costa County
MBE/WBE/DBW Contract Compliance Program
Program Criteria (Continued)
.ZI. WBE
An eligible Women Business Enterprise (WBE) is a busi:iess entity at least
51% owned and whose management and daily business operations are
controlled by one or more women who are citizens or lawful permanent
residents of the United States. The management operations, and control
must be real, substantial and on-going, on a regular basis.
III- DBE
An eligible Disadvantaged Business Enterprise (DBE) is a small business
concern (pursuant to Section 3 of the small Business Act) owned and
controlled by socially and economically disadvantaged individuals. This
means that socially and economically disadvantaged individuals must own at
least 51% of the business, and they must control the management and
operations of the business. DBE criteria is used only for state or
federally funded projects that require DBE goals.
IV_ Size Standard
The size standard of a firm is based on the Small Business Administration
Criteria in volume 13 of the Code of Federal Regulations, chapter 1.
[Refer to the Standard Industrial Classification (SIC) Code sheets. ]
V. Site Visit
Site visits are required for all firms certified with Contra Costa County.
In those instances where site visits cannot be made because of
geographical distance, the County reserves the right to denying
certifications. Affirmative Action Office staff will visit the business
and and review its operations, observe routine work hours, and will talk
with the owner(s)
Recertification Procedures
1. If Contra Costa County certified your firm based on your
certification with one of the acceptable agencies:
a. You must be recertified with that agency and submit a copy of
your certification letter or;
b. Complete the County's Request for Certification (Schedule A
Form) with the required documentation.
2. If you were certified by Contra Costa County, to be recertified you
must:
a. Submit a letter requesting to be recertified.
b. State in your letter if there are changes in the ownership,
management, or control of your firm. You must clearly state
what the changes were and submit documentation to reflect
those changes.
C. Submit your latest completed Federal Tax Forms and supportng
W2's.
Page 2 of 3 ATTACHMENT E
Program Criteria (Continued)
3. After being recertified four consecutive years with another agency
y,)u may be required to complete the County's Request for
Certification (Schedulc, A Form) and required d,,cumentation.
Page 3 of 3 ATTACHMENT E
A./SERVICES
TO: BOARD OF SUPERVISORS Contra
E
FROM: Phil Batchelor, County Administrator
_ - ►,s Costa
� Count
p�� c
DATE: November 2, 1993 Y
SUBJECT: REQUEST PROPOSALS FOR AUDIT OF TCI CABLEVISION SYSTEMS
FRANCHISE FEE AND RATE PROPOSAL (FCC FORM 393) .
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Franchise Administrator to join with cities served by
TCI to request proposals for an audit of franchise fees and review
of rate proposals submitted on FCC Form 393 by TCI Cablevision
systems .
FINANCIAL IMPACT:
NONE
BACKGROUND:
In September, 1993, the Board of Supervisors authorized the
Franchise Administrator to apply for certification to regulate
basic service tier rates . The County was authorized to certify
basic tier rates as of October 27, 1993 .
Because of the recent rate regulations and the 1992 Cable Act,
several city cable coordinators and the County have been meeting to
discuss the implications of these regulations and how we might work
together to minimize regulatory costs . One way that has been
suggested is for cities regulated by the same cable company and the
County acting as a "Consortium" to do a joint request for proposal
for an audit and/ or review of the basic tier benchmark rates and
franchise fees for the past four years .
The •attac-h-ed proposal has been reviewed by all the cities on
Attachment A. In addition, staff has requested review by County
Counsel, the County' s Internal Audit staff and the Affirmative
Action Officer. Their comments are reflected in the attached
document. .
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
J
Z—RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON -- November 9 f l 9 q 3 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ��-+� ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Franchise Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
BY DEPUTY
-2-
Once the proposals are received and reviewed, staff will return to
the Board with recommendations for Board approval regarding
auditing of franchise fees and basic tier cable rates . The County
can then decide what action to take including the right to reject
any or all proposals for any reason whatsoever.
REQUEST Fon PRoPOSALS
Contra Costa 'Y'CI-Fraheisera' Consortium .
CARIE M.F. USION RATES AND FHANCHISE FEES AUDIT
L Definitions
a. "1984 Cable Act"means the federal Cable Communications Policy Act of 1954.
b. "1992 Cable Act' means the federal. Cable Consumer Protection and
Competition Act of 1992.
C, "Auditor" shall refer to the firm selected to perform an audit/examiue
franchisers'. respective cable television,systems and cable television operators.
d. "Cable Operator"means the operator of a cable system owned and/or operated
by Tele-Communications, Incorporated, or a subsidiary thereof, within the
borders of the County, and as defined, by franchisers' franchise agreement or
license.
e. "Cable Service" means the one-way transmission of video or other
programming service over a cable system to subscribers together with any
subscriber interaction provided in connection with such service.
f. "Cable System'or "Cable Television System." means a facility, consisting of a
set of closed transmission paths and associated signal generation, reception
and control equipment that is designed to pravide cable service which includes
video programming and which is provided to multiple subscribers within a
specific area represented by boundaries. Such terms do not include (1) a
facility that serves only to retransmit the television signals of one(1)or more
television broadcast stations;(2) a facility that serves only subscribers in one
(1.) or more multiple unit dwellings under common ownership, control, or
management, unless such facility uses any public street or right-of-way; (3)a
facility of a common carrier that is subject, in whole or in part, to the
provisions of Title 11 of the Communications Act of 1934, 47 U.S:
j. "FCC Regulations" means the cable regulations on rate regulation and
customer service standards issued pursuant to the 1992 Cable Act.
HOV 02 '93 11.15 807 P02
k. "Franchise" means the right granted by franchisers to a franchisee to
construct, maintain and operate a cable system under, on, and over streets,
roads and all other public ways,easements and streets within.all or specked
areas of franchisers. The term does not include a license or permit that may
be required by ordinance or other laws, ordinances or regulations of the
franchisers for the privilege of transacting and carrying on a business within
the borders of a municipal or other government entity or for disturbing the
surface of any street.
1. "Franchise.moment"means a contract entered into in accordance with the
provisions of franehisers°ordinances between franchisers and a franchisee that
sets forth the terms and conditions under which respective franchises are
exercised.
M. "Franchisee" means any person granted a fi-a.nchise pursuant to respective
franchisers' ordinances who has entered into a franchise agreement with
respective franchisers.
n. "Franchiser" means those cities and CouuYty, individually and collectively,
which have an,existing franchise awarded to the cable operator, as described
in Attachment'W.
o. "Leased Access Channel" means a channel designated in accordance with
Section 612 of the 1984 Cable Act, 47 U.S.C. $632, for commercial use by
persons unaffiliated with the Franchisee.
p. "Person" means any individual, corporation, partnership, association, joint
venture or organisation of any kind, and any lawful trustee, successor,
assignee, transferee or personal representative thereof.
q- "Revenues" means all cash, credits property of any kind or nature, or other
consideration received directly or indirectly by the franchisee, its affiliates,
subsidiaries, parent or any person in which the franchisee has a financial
interest, arising from or attributable to the sale or.exchange of cable services
by the franchisee within the franchise area or in any way derived from the
operation of its system, including but not limited to monthly fees charged
subscribers for basic service;monthly fees charged subscribers for any optional
service; monthly fees charged subscribers for any tier of service other than
basic service;installation,disconnection and re-connection fees;]eased access
channel fees; fees, payments or other consideration received from
programmers;converter rentals or sales; studio rental,production equipment
and personnel fees; advertising revenues; revenues from home shopping
channels; and the sale,exchange or cablecast of any programming developed
on or for community service channels or institutional users, or as otherwise
defined in each franchiser's franchise agreement,franchise ordinance,or other
granting document which awarded a franchise to the cable operator. This sum
shall not include any taxes on services furnished by the franchisee which are
imposed upon any subscriber or user by State, County, Cities or other
governmental units and collected by the franchisee on behalf of said
governmental unit.
r, "RFI " means Request For Proposal.
NOV 02 '93 11=17 -3rr P03
s. "RFP Contact"means Ids.Pat Burke,as given in section VI.a,and for purposes
of requesting clarification information includes hir. Kelly Sills, as given in
section VI.d.
t. "Street"means the surface, the air space above the surface and area below the
surface of any public street, or other public right-of-way or public place,
including public utility easements.
U. "Subscriber"means any person who legally receives cable service delivered over
the cable system.
V. "Video Channel"or"Channel"means a portion of the electromagnetic frequency
spectrum which is used in a cable system and which is capable of delivering
a television channel, including the associated audio signal, as television
channel is defined by FCC regulation.
I.I. Audit Scope of Work
a. Audit Workplan
The proposal will state a workplan which includes:
1. The scope of work;
2. The depths of work;
3. The time estimates;
for e=nin:ing the required financial records and issuing the required reports.
b. Franchise Fee Audit
1. Auditor sb all examine financial records of franchisers'cable operators
and their cable television systems as they apply to business conducted
within franchisers' respective boundaries. Auditor shall determine
gross revenues for each franchise generated each municipal fiscal year
since July 1, 1989 through date of audit, in accordmice with each
franchiser's franchise agreement, franchise ordinanc , and other
franchise awarding documents as they pertain to cable operator
revenues.
2. For the period of time identified in section ILa.1 above, Auditor shall
determine the difference, if any, between the quarterly and or annual
(as specified by each franchiser)amount of franchise fee payments from
the cable operator to each respective franchiser and the actual amount
of revenue generated for each payment period.Tri making and reporting
these differences, account for the franchise fee requirements unique to
each franchiser, and 'identify for each discrepancy the franchiser,
quarter, and revenue generation source frons which each discrepancy
arose.
C. mate Audit
1. Examine the cable operator's schedule of rates for the basic service tier
as submitted to each franchiser by franchisee, as specified in §76.934,
and in accordance with formulae described under §76.922,of the FCC
Not.) k1c '93 11:17 307 PO4
regulations,
2. Examine the cable operator's actual costs for equipment and installation
in accordance with formulae described under §78.823 of the FCC
regulations and compare to actual rates charged as of the date of
certification.
d. Examine the cable operator's accounting practices to ensure they meet the
requirements of§78.924 of the FCC regulations.
IIL Reporting Requirements
a. Auditor shall issue no Less than three summary reports in a form approved by
the Consortium to each franchiser on the results of the audit for all franchisers
collectively.
b. Auditor shall issue no less than three detailed reports to each franchiser
containing all information required under this RFP which pertains to that
franchiser individually.
C, Auditor shall be available to issue further reports,of similar or different kind
to those listed above, upon an individual or collective request of the
franchisers,after reasonable cost for said further report(s), above and beyond
the costs associated with this RFP, have been agreed to between Auditor and
franchisers.
d. Auditor shall be available on-call to present the results of hisiher work, as
described in this RFP, to Council(e), Board(s), Commission(s), or other such
bodies as may be prescribed by a franchiser,upon individual request of one or
more franchisers. Cost of said presentation to be individually identified as
given in section IVA below.
IV. Cost
Auditors responding to this RFP will provide a total goat for all work requested under
sections II (Audit Scope of Work)and III(Reporting Requirements), and include an
itemization of the following costs:
1. Franchise Fee Audit(section ILa,above)for all franchisers collectively
and individually.
2. Rate Audit (section II.b above) for au franchisers collectively by
headend per Attachment "A".
3. Reporting;xequ(
%is as described under section III above, excluding section IIIA.
4, Per-meeting cost upon request,as provided in section IHA above.
5. Per-hour rate for specially requested work not identified in.this RFP,
V. Qualifications of Auditor
OU 212 '93 11:W 92; P05
a. Description of Auditor's human resource qualifications with regard to auditing
proficiency and quality,to include ident'if'ication of the individuals who would
perform the audit, their years of auditing experience and education.
b. Auditor's responding to this RFP must include three(3)references,by name of
business, address, contact name, and phone number, which have received
auditing service £roan.Auditor in the past two(2)years,preferably in a cable
television context and similar to the scope of work described in this RFP.
C. Auditor must include a statement of ability to perform all work as described
in this RPP prior to January 15, 1998.
d. Consortium welcomes any other information included by the Auditor in the
RFP.
VL Submittal Requirements
a. Completed RFPs must be submitted to the RFP Contact as follows:
Ms. Pat Burke
Cable Franchise Administrator
County Administrator's Office
Contra Costa County
651 Pine Street
Martinez, CA 94553
b. Submitted RFPs must be RECEIVED by the office of the R'C'P Contact no later
that 5:00 p.m.on Friday,November 19, 1993,
C. To be deemed complete,submitted RFPs must include one(1)original and two
(2)copies of all required information and support documentation.
d. Questions may be directed to the individuai and address as provided in Section
VLa above,at(5 10)646-2948,or to Belly Sills,Management Assistant with the
City of Orinda, at (510)254-3900. Responses to questions which may affect
RFP submittals shall be sent by first-class mail to all responders who have
submitted-RFPs to date within not more than two (2) working days of the
original response.
e. The Consortium reserves the right to reject any or all proposals for any reason
whatsoever, to waive informality and irregularity in the proposals, and to
accept any proposal regardless of whether the price quoted is the lowest or not.
f. The selected Auditor will be required to enter into a written agreement in a
form provided by and acceptable to the Consortium. Such agreement wi11 set
forth separate cost figures payable by each member of the Consortium.
NOV 212 '93 11: 19 907 P06
A 1 1 ACHMEl T 'W4
Franchisers are identified as follows:
DESIGNATION JURISDICTION SUBSCRIBERS
1 HE, Contra Costa County 19,679
1 HE' City of Lafayette 8,601
1 HE' Town of Moraga 6,160
1 HEA City of Orinda 6,015
1 HE' Town of Danville 11,276
1 HE, City of Pleasant Hill 11,884
1 HE, City of Martinez 10,957
1 HE' City of Walnut Creek 1,217
2 HES City of Brentwood $,3o
2 HEa Contra Costa County 8 g 30
3 HF? City of Walnut Creek 19,674
3 I3E3 Contra Costa County 1,511
11 HE = TCI Cablevision of Contra Costa County (total subscribers = 75,739)
22 HE = TCI Cablevision of East County(total subscribers = 11,160)
93 HE = TCI Cablevision of'Walnut Creek(total subscribers = 21,185)
(Total subscribers 1HE+2HE+3HE = 114,267)
*** NVAMERS ARE APPROXIMATE,ESTIMATED FROM MONTH END REPORTS*�*
AwAmded language to be added to RFP 1.58
REQUEST FOR PROPOSALS
CONTRA COSTA TCI-FRANCHISERS' CONSORTIUM
CABLE TELEVISION RATES AND FRANCHISE FEES AUDIT
I. DEFINITIONS
V. "MBE/WBE Program" means the County's Minority Business
(MBE) and Women Business Enterprise (WBE) Contract
Compliance Program for professional/personal services.
W. "MBE/WBE Contract" means Ms. Emma Kuevor, Contract
Compliance Officer. She will clarify questions regarding
the County's MBE/WBE reporting requirements in this RFP.
III. REPORTING REQUIREMENTS
e. Auditor responding to the RFP must meet an MBE goal of 5%
and a WBE goal of 10%, or document a "good faith" effort
to meet the goals. They must also comply with the
requirements of the MBE/WBE Program (refer to
Attachment B) .
f. MBE and WBE firms must be certified at the time the RFPs
are submitted.
VI. SUBMITTAL REQUIREMENTS
g. Submitted RFPs must include the MBE/WBE information sheet
which lists the certified MBE and WBE firm(s) .
h. Two days after submitting the RFPs, auditors must submit
their "good faith" effort documentation, if they have not
met the MBE and WBE goals.
rfp-tci
ATTACHMENT B
Contra Costa County
Professional/Personal Services Contract
Requirements
I . Policy
A. The County Board of Supervisors has adopted a program to
help develop and support Minority Business Enterprises
(MBE) and Women Business Enterprises (WBE) by providing
opportunities for participation in the performance of
County financed Professional and Personal Service
Contracts or Consulting Services Agreements (hereinafter
referred to as Service Contracts) .
B. This program applies to all Service Contracts including
purchase orders for services. The exceptions are
contracts that are emergencies as defined by Public Code
Section 20134 and Ordnance Code Section 1108-2.206;
special expert services (criminal investigation,
prosecution, etc. ) pursuant to Ordnance Code Section
1108-2 . 214 (2) ( 3) ; contracts under $2,500. 00; and in
those unique circumstances where the County Administrator
determines that an exception is necessary.
C. Where contracts are financed in whole or in part with
Federal or State funds and the grant, loan or other
financing device contains MBE/WBE program requirements,
the County will where permitted by the grantor and not
otherwise required by law, seek to achieve whichever
MBE/WBE goals are highest.
D. The County Administrator is responsible for the program
to ensure that appropriate action(s) are taken.
Implementation of the program will be delegated by the
Administrator to the Affirmative Action Officer
(hereinafter referred to as the Contract Compliance
Officer) who shall develop, administer, and monitor and
prepare such procedures and contract provisions and
reports as are required to implement this program.
E. Service contractors must meet the MBE/WBE goals or show
a "good faith effort" was made to meet the goals .
Goals
A. To implement this program, the following goals shall be
used based on their Standard Industrial Classification
(SIC) Code. The percentage is based on the total service
contract dollars awarded each fiscal year. The goals are
a part of each Service Contract and evaluated on a
contract by contract basis.
1
Contra CostA County
Professional/Personal Services Contract
Requirements
The goals are:
SIC Description Goals
Code MBE WBE
60 Depository Institutions 1% 1%
64 Insurance Agent and 5% 13%
Brokers Service
65 Real Estate 5% 1%.
73 Business Services 24% 53%
75 Automotive Repair, 14% 10%
76 Miscellaneous Repair 15% 15%
Services
80 Health Services 16% 13%
81 Legal Services 4% 15%
82 Educational Services 5% 27%
87,89 Engineering, Accounting, 5% 10%
Research, Management and
Related Services; and
Miscellaneous Services
The goal of 24% MBE and 44% WBE must be used if a
contract does not fall under one of the above SIC Code
categories.
B. Meeting and Counting MBE/WBE Goals
1. The total dollar value of a contract with a
certified MBE/WBE business is counted toward either
the minority or the women goal, but not toward both
goals with one exception. Minority women are
counted toward both the minority and women goals.
2. The prime consultant/service provider may choose
the goal to which the contract value is applied.
2
Contra Costa County
Professional/Personal Services Contract
Requirements
3. If the prime consultant/service provider is a
certified MBE or WBE, the percentage of work they
perform may be counted towards the MBE/WBE goals.
4. MBE/WBEs in a Joint Venture who are not certified
at the time of submitals described below will not
be counted towards the MBE/WBE goals.
5. Certified MBE/WBE participation in a Joint Venture
counted toward the goal will be equal to; the
percentage of the total dollar value of ' the
contract that the MBE/WBE partner is responsible
for performing.
Requests for Proposals/Statements of Qualifications and/or
Quotes
A. MBE/WBE Service Contract goals apply to all contracts
estimated to be more than $2,500. Requests for
Proposals/Statements of Qualifications shall include the
Service Contract goals (based on SIC Codes or the
"general" Service Contract goals) and the MBE & WBE
Professional/Personal Services Contract Requirements .
B. Goals must be met by certified MBE/WBE
consultants/service providers. The MBE/WBE must be
certified at the time . responses to Requests for
Propsals/Statements of Qualification and/or Quotes
(hereinafter referred to as "Proposals" ) are submitted.
Consultants/Service Providers not certified at the time
the Proposals are submitted will not be counted towards
the MBE/WBE goals.
C. If the Prime Consultant/Service Provider does not meet
the MBE/WBE participation goals at the time the Proposal
is submitted, they must document their "good faith
efforts" to meet the goals (stated in Section IV) .
D. Requests for "Proposals" must be reviewed by the Contract
Compliance Officer or designated staff prior to being
advertised.
E. "Proposals" submitted to the Department including Special
District's (hereinafter referred to as Departments) must
meet the MBE & WBE goals. The Consultant/Service
Provider must complete the "MBE/WBE Consultant
Information" form (Attachment A) that will list the
3
Contra Costa County
Professional/Personal Services Contract
Requirements
certified 11MBE/WBE's being used for the project and the
percentage of work to be performed and estimated dollar
amount. These are reviewed by the Contract Compliance
Officer or designated staff to determine if goals have
been met by certified MBE/WBEs or if good faith effort
has been performed.
F. If the consultant information form shows that goals are
not met by certified MBE & WBEs, the Consultant/Service
Provider must submit their "good faith effort"
documentation with their responses to the Request for
"Proposals . "
G. The Contract Compliance Officer reviews the "good faith
effort" documentation and recommends to the departments}
the Consultant/Service Providers that meet the County's
MBE/WBE goals or demonstrate good faith effort.
H. No substitution of an certified MBE & WBE sub consultant/
sub service provider shall be made at any time without
the written consent of the Contract Compliance Officer.
If an certified MBE/WBE sub consultant/sub service
provider is unable to perform successfully and is to be
replaced, the prime consultant will be required to make
good faith efforts to replace the original certified
MBE/WBE with another certified MBE/WBE sub consultant/sub
service provider.
IV. "Good Faith Effort" Documentation
A. "Good faith effort" documentations shall include specific
affirmative actions and complete documentation of those
actions. The following list is not exclusive or
exhaustive. Other factors or types of efforts may be
relevant in appropriate cases. In determining whether a
consultant/service provider has made a good faith effort,
the Contract Compliance Officer may look not only at the
different kinds of efforts that the consultant/service
provider has made, but also the quantity and intensity of
those efforts.
B. At a minimum, a consul tant/service provider should do
all of the following to document a "good faith effort" :
1. Attend any pre-interview meetings scheduled by the
Department or County for the project or, within one
4
Contra Costa County
Professional/Personal Services Contract
Requirements
year preceding the interview, attend one or more
pre-interview meetings scheduled by the County for
other projects or workshops given by the County on
its MBE/WBE procedures for Professional/Personal
Services Contracts.
2. Identify, list, and select specific items of
service which may be performed by minority and/or
women business enterprises to provide an
opportunity for participation by those enterprises.
3 . Not less than ten calendar days before interviewing
or proposals are due, for each identified item of
service: send by certified mail written notice of
the interview and "Request for Statement of
Qualification or Quotes" to at least three
certified MBEs and three certified WBEs licensed or
reputed to be qualified to provide the, item of
service or document your referral quieries .
Soliciting MBE/WBE sub consultants/ service
providers can be performed through advertisements
in general circulation media, journals, and
minority/women focused media. Include in each
notice, the following minimum information:
a . interview date or proposal due date;
b. description of project(s ) ;
C. services required;
d. approximate size of project; and
e. other pertinent information.
4 . Not less than ten calendar days before interviews,
advertise in one or more daily or weekly
newspapers, association publications, or journals
or document referral queries . For each
publication, submit a copy of the advertisement
showing the date of the publication and the
advertisement.
5. At least ten calendar days before interview(s)
request by certified mail assistance from at least
one of the following: ( 1) minority and women
community organizations; (2) minority and women
Consultant/service provider groups; (3) local,
State, or Federal minority and women business
assistance offices (including the Affirmative
Action office) ; (4) certifying agencies acceptable
5
Contra Costa County
Professional/Personal Services Contract
Requirements
to the County; (5) or other organizat.Acns that
provide assistance in the solicita'L' ion of minority
and/or women business enterprises. For each agency
or organization contacted, list the name of the
agency/organization, the contact person, the date
of contact and the response received.
6. Follow up on initial solicitations of interest from
MBE's/WBE's by contacting them to determine with
certainty whether the certified MBE/WBEs are
interested in performing specific items of service
for the project. List the name and phone number of
the certified MBE or WBE called and the. dates of
initial notice and follow up calls.
7 . Provide interested minority and women businesses
with information about the requirements for the
project scope and requirements for the selected
items/categories of service. List, for each
certified MBE or WBE to which such information is
provided, the name of the firm, contact person and
telephone number.
8 . Negotiate in good faith with the minority and women
business enterprises, and not unjustifiably reject
as unsatisfactory statements of qualifications/
proposals or quotes prepared by any certified
minority or woman business enterprise. List each
certified MBE/WBE from which a Request for proposal
was received. If a certified MBE/WBE was not used,
list detailed reasons .
9 . Where applicable, advise and make efforts to assist
interested minority and women business enterprises
in obtaining any insurance required by the County
or the prime consultant/service provider. For each
firm advised or assisted, list the name of the
firm, the contact person and the date assistance
was given.
C. in considering the prime consultant's/service provider' s
documentation of good faith effort, the Contract
Compliance Officer will consider whether the prime
consultant's efforts to obtain certified minority and
women business enterprise participation could reasonably
be expected to produce a level of participation
6
Contra Costa county
Professional/Personal Services Contract
Requirements
sufficient to meet the goals and requirements of the
County.
V. MBE/WBE Letters of Intent
A. The prime consultant/service provider shall also submit
within two (2) working days after completion of fee
negotiation and before contract is executed a completed
"Letter of Intent to Perform as an MBE/WBE Subconsultant/
Subservice Provider" form (Attachment B) for each MB.E/WBE
listed on the "MBE/WBE Consultant "Information" form.
The Letter of Intent shall be signed by the certified
MBE/WBE identifying the items(s) of work to be performed
and the actual dollar amount to be received. This amount
excludes any markup by the prime consul tant/service
provider.
B. Work represented by the "Letter of Intent" form submitted
later than two days after completion of fee negotiation
may jeopardize eligibility for contract award.
VI . Verification of MBE/WBE Performance
A. The Contract Compliance Officer, or his/her designee,
shall have the right to visit the the provider' s officers
from time to time, unannounced, to monitor MBE/WBE
utilization.
B. Upon completion of services, the Contractor shall submit
a completed "Verification of Performance as an MBE/WBE
Subconsultant/Subs ervice Provider" form (Attachment C)
for each MBE/WBE listed on the 11MBE/WBE Consult
Information" form that was submitted with the proposal .
The form shall be signed by the certified MBE/WBE
identifying the item(s) of work performed and the actual
dollar amount earned.
C. Consultants/Service Providers must submit the forms to
the Department. Final payment for work done will not be
made to the Consultant/Service Provider until all MBE/WBE
verification forms are received.
VII . Requests for Services Made Informally
A. In the event a request for services is made informally
[i.e. not with a Request for Proposal] , it is the
7
Contra Costa county
Professional/Personal Services Contract
Requirements
Department's responsibility to solicit and award to
Consultant/Service Providers in a manner which will meet
the County's MBE/WBE goals.
B. Reporting
1 . A report (Attachment D) of responses must be
prepared by the Department listing:
a. the name of the firms solicited identifying
firms that are MBE/WBEs;
b. firms that responded identifying firms 'that
are MBE/WBEs;
C. firm selected; and
d. the reasons a certified MBE/WBE firm was not
selected for award.
The report is sent to the Contract Compliance
Officer on a quarterly basis.
2 . The individual report for each Service Contract
will be reviewed. Departments that may need
assistance in their solicitation efforts should use
the County's Directory and/or contact those
agencies we accept certification.
3 . Solicitation efforts are reported to the Board of
Supervisors on a semi annual basis.
VIII . MBE/WBE Standards
A. Certifying Agencies
1. MBEs and WBEs must be certified by one of the
following acceptable agencies:
a. City of Oakland, Office of Public Works,
Oakland (510) 238-3970;
b. Contra Costa County, Affirmative Action
Office, Martinez (510) 646-4106;
C. Port of Oakland, Contract Compliance office,
Oakland (510) 272-1316 or 272-1390;
Contra Costa County
Professional/Personal Services Contract
Requirements
d. Los Angeles Transportation Commission, Los
Angeles (213) 623-1194;
e. San Francisco Human Rights Commission, San
Francisco - ( Only the Certification list, not
the Registry) (415) 252-2513 or 242-2514;
f . Regional Transit Association, Oakland
(510) 464-7727;
g. Small Business Administration, Section 8(a)
San Francisco (415) 744-6429 .
2 . Each of these agencies may be contacted and used as
a reference to identify eligible minority and women
consultants/service providers that meet the
County's MBE/WBE Program Criteria.
B. Certification Eligibility Standards
I . Contra costa County will only certify those firms
meeting the County' s Program Criteria (Attachment
E) .
2 . The County' s Program Criteria sets forth the
requirements for a Minority or Woman Business
Enterprise to be eligible for certification.
3. The term of certification is twelve months except
when the business is new ( just starting) . The
length of certification for a new business is six
months .
C. Appeals
1 . Certifications denied by the Contract Compliance
Officer may be appealed by the applicant. Appeals
must be sent to the County Administrator, 651 Pine
Street, Martinez, CA 94553 . Applicants have ten
working days to file an appeal with the County
Administrator after being notified by the Contract
Compliance Officer that their request for certifi-
cation was denied.
2 . The written appeal will be reviewed by the County
Administrator who will render a decision.
9
Contra costa county
Professional/Personal Services Contract
Requirements
3. The decision of the County Administrator may be
appealed to the Board of Supervisors' within ten
working days after the County Administrator's
notice denying the appeal. The appeal to the Board
of Supervisors' must be submitted in writing to the
County Administrator and Clerk of the Board of
Supervisors. The decision of the Board of
Supervisors will be final.
IX. Compliance
A. Non-compliance by the consultant/service provider. with
any of the MBE/WBE requirements constitutes a breach of
contract and may result in the termination of the
contract or other appropriate remedy for such a breach.
B. When a service contract is to be awarded, it shall be
awarded in accordance with applicable County, State, and
Federal statutes and regulations .
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MBE/WBE CONTRACT COMPLIANCE PROGR"
Affirmative Action Office
651 Pine Street, Martinez, CA 94553
510/646-4106; FAX 510/646-4098
LETTER OF INTENT
TO PERFORM AS AN MBE/WBE
SUB CONSULTANT/SERVICE PROVIDER
1.
Name of Prime Consultant/Service Provider
2.
Name of Project
3.
Project Number
4. The undersigned will perform work in connection with the above project as (eheck one):
sole proprietorship corporation
partnership joint venture
Please attach your MBE/WBE certification letter or certificate if available.
5. Check one of the following:
MBE Subconsultant WBE Subconsultant
MBE Service Provider WBE Service Provider
MBE Other WBE Other
Describe Describe
6. The undersigned will perform the following described work in connection with the above
Project (specify in detail the particular work items or parts to be performed:
7. Total Bid to Prime Consultant/Service Provider: $
8.
Signature Position/Title Date
9.
Name of Person Completing This Form
10.
MBE/WBE Company Name Phone Number
FAX Number
A-\CCPI-3.CHT
(4/2/93)
Contra Costa County
MBE/WBE CONTRACT COMPLIANCE PROGRAM
Affirmative Action Office
651 Pine Street, Martinez, CA 94553
510/646-4106; FAX 510/646-4098
VERIFICATION OF PERFORMANCE
AS AN MITE/WBE
SUBCONSULTANT/ShRVICE PROVIDER
1.
Name of Prime Consultant/Service Provider
2.
Name of Project
3.
Project Number
4. The undersigned performed work in connection with the above project as (check one):
sole proprietorship corporation
partnership joint venture
5. Check one of the following:
MBE Subconsultant WBE Subconsultant
MBE Supplier WBE Service Provider
MBE Other WBE Other
Describe Describe
6. The undersigned has performed the following described work in connection with the
above project (specify in detail the particular work items or parts that were
performed):
7. Bid to Prime Consultant/Service Provider (Refer to line #7 on the "Letter of Intent"
Form):
8. Total Amount Received:
9. Explain any difference between lines #7 and #8 by attaching a written explanation.
10
Signature Position/Title Date
11.
Name of Person Completing This Form
12.
MBE/WBE Company Name Phone Number
FAX Number
A.\CCPI-3.CBT
4/5/93
Contra Costa County
MBE/WBE
Contract compliance Program
Professional/Personal services Contract
ME/WBE
Solicitation Summary Sheet
1. Department:
2. Dates of Solicitation:
3. Description of Contract:
4- Annual Contract: 5- One-Time Contract:
6- Contract Ix2�nth of Term: Start Date:
Expiration Date:
7. Estimated Dollar Amount of Contract: $
8- Consultants/Service Providers Solicited (Use additional paper if needed):
Name Race Sex Contact Person Telephone No- Date
Total Number Solicited:
Number of Certified MBES Number of Certified WBEs
Page I of 3
ATTACHMENT D
Professional/Personal Services Contract
MBE/WBE
Solicitation Summary Sheet (Continued) )
9. Consultant's/Service Provider's Response (Use additional paper if needed)
Name Race Sex Contact Person Telephone No. Date
Total Number of Responses:
Number of Certified MBEs:
Number of Certified WBEs:
10. Contract Awarded to:
Name of Firm:
Contact Person:
Telephone Number:
Area Code
13 : MBE Participation:
Name of Firm:
Contact Person:
Telephone Number:
Area Code
Estimated $
WBE Percentage:
WBE Participation:
Name of Firm:
Contact Person:
Telephone Number:
Area Code
Estimated $
WBE Percentage:
Page 2 of 3
ATTACHMENT D
Professional/Personal Services Contract
MBE/WBE
Solicitation Summary Sheet (Continued))
12. Reason(s) MBE/WBEs who responded and negotiated but were not not selected.
a.
b.
C.
Department MBE/WBE Liaison:
Name
Signature
Page 3 of 3
ATTACHMENT D
Contra Costa County
MBE/WBE/DBW Contract Compliance Program
PROGRAM CRITERIA
Contra Costa County will only certify those firms meeting the County's definition
of a Minority/Woman/Disadvantaged Business Enterprise, Disadvantaged Business
Enterprise (MBE/WBE/DBE) according,to the criteria specified below:
I. MBE:
An eligible Minority Business Enterprise (MBE) is a business entity which
is at least 51% owned and whose management and daily business operations
are controlled by one or more minorities who are citizens or lawful
permanent residents of the United States and a member of a recognized
ethnic or racial group. The management operations, and control must be
substantial, real, and on-going on a regular basis. The eligible ethnic
or racial groups are defined as follows:
RACE/ETHNIC
Please check off and transfer your response to page 1, filling in both
ethnic background and, where applicable, the country of origin.
Black: All persons having origins in any of the Black racial
groups of Africa
Latino(a) : All persons having origins in Mexico, Puerto Rico, Cuba,
Central or South America, regardless of race
Mexico Central America
Country
Puerto Rico South America
Country
Cuba
Asian All persons having origins in any of the original
Pacific peoples of Japan, China, the Indian Subcontinent, the
Islander: Philippines, Vietnam, Cambodia, Laos, Korea, Samoa,
Guam, the U.S. Trust Territories of the Pacific,
Northern Marianas, Taiwan, Hawaii or the Pacific Islands
Japan China India
Philippines Vietnam Cambodia
Laos Korea Samoa
Guam Taiwan Hawaii
Northern Marianas
U.S. Trust Territories of the Pacific
AND
American All persons having origins in any of the original
Indian peoples of North America (including Aleuts and Eskimos)
Alaskan who maintain cultural identification through tribal
Native: affiliation or community recognition
American Indian Eskimo
Aleut
Other
Page 1 of 3 ATTACHMENT E
Contra Costa County
MBE/WBE/DBW Contract Compliance Program
Program Criteria (Continued)
'.ZI_ W-BE
An eligible Women Business Enterprise (WBE) is a business entity at least
51% owned and whose management and daily business operations are
controlled by one or more women who are citizens or lawful permanent
residents of the United States. The management operations, and control
must be real, substantial and on-going, on a regular basis.
III. DBE
An eligible Disadvantaged Business Enterprise (DBE) is a small business
concern (pursuant to Section 3 of the Small Business Act) owned and
controlled by socially and economically disadvantaged individuals. This
means that socially and economically disadvantaged individuals must own at
least 51% of the business, and they must control the management and
operations of the business. DBE criteria is used only for state or
federally funded projects that require DBE goals.
TV. Size Standard
The size standard of a firm is based on the Small Business Administration
Criteria in Volume 13 of the Code of Federal Regulations, chapter 1.
[Refer to the Standard Industrial Classification (SIC) Code sheets. )
V. Site Visit
Site visits are required for all firms certified with Contra Costa County.
In those instances where site visits cannot be made because of
geographical distance, the County reserves the right to denying
certifications. Affirmative Action office staff will visit the business
and and review its operations, observe routine work hours, and will talk
with the owner(s) -
Recertification Procedures
1. If Contra Costa County certified your firm based on your
certification with one of the acceptable agencies:
a. You must be recertified with that agency and submit a copy of
your certification letter or;
b. Complete the County's Request for Certification (Schedule A
Form) with the required documentation.
2. If you were certified by Contra Costa County, to be recertified you
must:
a. Submit a letter requesting to be recertified.
b. State in your letter if there are changes in the ownership,
management, or control of your firm. You must clearly state
what the changes were and submit documentation to reflect
those changes.
c. Submit your latest completed Federal Tax Forms and supportng
W2's.
Page 2 of 3 ATTACHMENT E
Program Criteria (Continued)
3. After being recertified four consecutive years with another agency
y,)u may be required to complete the County's Request for
Certification (Schedulc, A Form) and required d=,cumentation.
A:/SERVICES Page 3 of 3 ATTACHMENT E