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HomeMy WebLinkAboutMINUTES - 07121988 - I.O.6 BOARD OF SUPERVISORS 1.0. 6 l.�l.Jl Itra FROM: INTERNAL OPERATIONS COMMITTEE June 27, 1988 Cl. a DATE; MBE/WBE Policy for Purchasing Contracts SUBJECT; SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS::. 1. Adopt the attached statement of policy on the implementation of minority-owned business enterprises and women-owned business enterprises (MBE/WBE) goals in purchasing goods and services for the County of Contra Costa. .2 . Request the County Administrator, through the Affirmative Action Officer, to submit detailed procedures for implementation of the attached policy statement on purchasing contracts to the Board of Supervisors for approval by August 9 , 1988. 3 . Request the Affirmative Action Officer to incorporate in her quarterly report to our Committee September 26 , 1988 a status report on the implementation of the purchasing policy and procedures. 4 . Leave this item on referral to our Committee for purposes of monitoring implementation of the policy and procedures. BACKGROUND: On March 29, 1988, the Board of Supervisors directed the Affirmative Action Officer to prepare an MBE/WBE . policy on purchasing equipment and supplies and forward the policy statement to our Committee for review. On June 27, 1988, we reviewed the attached policy statement. The policy statement establishes goals of 150 of the dollar value of all purchases going to MBE' s and 50 of the dollar value of all purchases going to WBE' s. The policy applies to all purchases under $25 ,000 except professional services and professional dues. Also excepted are goods where the patent or copyright holder is the sole supplier. Where the purchase is financed in whole or in part with federal or state funds which have an MBE/WBE requirement, the policy requires meeting the County' s goals if they are higher than the federal or state requirements, with approval from the funding source. CONTINUED ON ATTACHMENT: X YES SIGNATURE: V_ RECOM NDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPR E OTHER SIGNATUREISI: Sunne W. McPea�kk Tom Torlakson ACTION OF BOARD ON Jul 9 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X 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. cc: County Administrator ATTESTED Q /iT /I88 Affirmative Action Officer Director, General Services P L BAT HELOR, CLERK OF THE BOARD OF Cliff Baumer, Purchasing Manager SUPERVISORS AND COUNTY ADMINISTRATOR BY � /e.OGo/ ,DEPUTY M382/7-83 Page 2 The policy statement indicates a preference to use local vendors, meaning those located in Contra Costa County, whenever doing so will not materially increase the cost and the vendors are otherwise essentially equal in cost and ability to perform. Adoption of the attached policy statement puts in place the second of the three portions of our overall MBE/WBE program. A policy on construction contracts has already been implemented. The Affirmative Action Officer is working on development of a similar policy which will be applicable to personal service contracts. Contra Costa County MBE/WBE CONTRACT COMPLIANCE PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (415) 646-4106 PURCHASING CONTRACT POLICY A. PURPOSE AND APPLICATION: 1 . The general purpose of this program is to help develop and support Minority Business Enterprises and Women Business Enterprises (MBE/WBE) by providing opportunities for participation in purchasing contracts for Contra Costa County. MBE/WBE means business enterprises which meet the criteria specified in Public Contract Section 2000. 2 . This program applies to purchasing contracts for services under $25,000 including all purchases except professional services and professional dues, and purchasing contracts for goods except where the patent or copyright holder is the sole supplier. Contracts under Public Contract Code Section 20134 " Emergencies" and County Ordinance Code Section 1108-2. 206 (c) are exempt. Purchasing contracts include all procurements the Purchasing Agent is authorized to make. 3 . 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 programs, the County will, where permitted by grantor, meet the program requirements with the highest MBE/WBE goals. 4 .• The County's Administrator will be responsible for monitoring the program to ensure that the goals are met. Implementation of the Program will be delegated to the Contract. Compliance Officer. 5. Since the County MBE/WBE Contract Compliance Program is administered by the County Administrator, the Contract Compliance Officer shall prepare such departmental procedures and contract provisions as are required to implement this program. a. Within 45 days of Board approval of this program, the Contract Compliance Officer is to submit the departmental procedures and contract provisions to the County Administrator for review and approval and to County Counsel for review as to legal form. P9 '1 of 4 b. The departmental procedures and contract provisions shall be in effect for professional service orders issued after the date of the County Administrator' s approval. B. GOALS: 1. To implement this program, at least fifteen percent ( 15%) of the total of all purchasing contract awards in each fiscal year, for each department and special district, shall be the goal established for MBE firms; and at least five percent ( 5%) shall be the goal established for WBE firms. The goals will become effective on the date that departmental procedures are approved. It is further the intent of the Board of Supervisors to encourage, to the extent allowed, the use of local vendors (defined as located within Contra Costa County) whenever doing so will not materially increase the cost of the purchasing contract and the vendors are otherwise essentially equal in cost and ability to perform the requirements of the contract. C. CERTIFICATIONS: 1. All MBE/WBE vendors used to satisfy the County MBE/WBE goals shall be certified by Contra Costa County or shall be listed in another acceptable public agency registry. The Contract Compliance Officer may accept proof of certification from any z of the following acceptable public agency k registries: California State Department of Transportation, Sacramento One Stop Service Center, Richmond Regional Transit Association, Oakland City of Oakland, Office of Public Works, Oakland The Port of Oakland, Oakland D. REGISTRY• 1. The Contract Compliance Officer shall establish and maintain a registry of certified MBE/WBE vendors to be used by the Purchasing Division of the General Services Department and all departments and special districts. It shall be the responsibility of the Purchasing Agent to. ensure that the registry is used when making purchases. 2. The purpose of the Registry is to provide a list of certified MBE/WBE vendors that can be used to meet the County MBE/WBE goals. pg 2 of 4 3 . The Registry will not constitute a recommendation or endorsement of any listed firm. 4. The registry will be developed and kept updated by advertising, at least yearly, for letters of interest from MBE/WBE firms, and by notifying Community organizations (e.g. , Contra Costa County Black Chamber of Commerce, Contra Costa Hispanic Chamber of Commerce, and the One Stop Service Center in Richmond) which might want to be included in the registry and notified of purchasing contracts. Advertisements will be placed by the Contract Compliance Officer in at least two local newspapers and two newspapers with Bay. Area circulation. 5. The certification process will involve submission of a Certification Application Schedule A or B form. The certification application shall be reviewed by the Contract Compliance Officer to determine eligibility in accordance with Contra Costa County' s MBE/WBE criteria. All information submitted by applicants is subject to verification by the Contract Compliance Officer. 6 . All certified MBE/WBE companies will be required, on an annual basis, to update their certification forms by submitting a recertification application. Also when there is a change in the information given on the application form, the firm will be required to submit a new Certification Application Schedule A for recertification review and approval. E. AWARD OF PURCHASING CONTRACTS: 1. If a professional service contract is to be awarded, it shall be awarded in accordance with the Public Contract Code and/or other applicable County and State regulations. F. QUARTERLY AND ANNUAL REPORTING PROCEDURE: 1. Each Department Purchasing Division shall submit quarterly progress reports to the Contract Compliance Officer, beginning in fiscal year 1988-89. Progressreports shall include the following: a. Number of total purchasing contracts by departments and special districts and; b. The number and dollar value of all contracts awarded to MBE/WBE' s by the department or special district. The information should be reported by department and special districts to the Contract Compliance Officer. Where departmental goals are not met, the progress report shall pg 3 of 4 specify the reasons and include recommendations for achieving goals. 2. The County Administrator shall submit a quarterly report to the Board of Supervisors. The report shall include the total number of purchasing contracts by department and the number and dollar value of all contracts with MBE/WBE participation. The level of MBE/WBE participation County wide shall be reported annually in the fourth quarter report. EK/kjw b & c:purchasg.pol (mbe/wbe workdsc) pg 4 of 4