HomeMy WebLinkAbout1981-25 Adopting the Minority Business Enterprise Program for the Town of VailRESOLUTION #25
Series of 1981)
A RESOLUTION OF THE TOWN COUNCIL
ADOPTING A MINORITY BUSINESS ENTER-
PRISE PROGRAM FOR THE TOWN OF VAIL,
COLORADO.
WHEREAS, the Town is, and from time to time may be, an applicant
for financial assistance under various programs administered by the,
U.S. Department of Transportation {"W,S.D.O.T,"}; and
WHEREAS, certain federal laws, including particularly, the Civil
Rights Act of 1964, as amended, forbid discrimination in the provision
of benefits, services and participation in federally assisted programs;
and other laws, including particularly, the Urban Mass Transportation
Act of 1964, as amended, require federal agencies to affirmatively
ensure that such discrimination does not occur; and
WHEREAS, the U.S,O.O.T. has issued regulations (49 CFR 23) imple-
menting these laws which require agencies receiving certain amounts
and forms of financial assistance to consider, adopt, implement, and
enforce local Minority Business Enterprise Programs to provide for
affirmative action ensuring the elimination of discrimination in the
award of contracts pertaining to applicable federally assisted projects;
NObd, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. That it is the policy of the Town of Vail to prohibit
discrimination on the basis of race, color, sex, creed, religion,
ancestry, or national origin, in connection with the award of, and
performance under, any contract with any person or firm for the
procurement of goods or services for the Town of Vail, its various
departments, or agencies; and
Section 2. That the Town of Vail hereby adapt a Minority Business
Enterprise Program to affirmatively ensure and encourage the participation
of minority business enterprises in contracts for goods and services
awarded through any project meeting the criteria established in the
Program Plan and that toward these ends, the Town hereby adopts the
percentage goals contained in the Program Plan for the participation
of MBE's in such contracts, and shall follow the procedures prescribed
therein to assure the achievement of these goals; and
The Minority Business Enterprise Program shall remain in effect
until the successful completion of all projects meeting the criteria
established in the Program Plan; and
Section 3. That the Town Manager, or his designated subordinates,
is hereby authorized to take such actions which are necessary or advis-
able to implement and enforce the Program, its goals, objectives, and
procedures; and the Town Manager is further authorized to make such
amendments to the Program Plan, as presented the day of adoption of
this Resolution, which may, from time to time, be necessary or advis-
able to ensure the successful and efficient achievement of the goals
and objectives hereby adopted and established, provided such amendme~~ts
are consistent with federal law and lawfully promulgated agency regula-
tions and orders of courts issued thereunder.
INTRODUCED, READ, APPROVE[? AND ADOPT F.i) THIS 15th day o-
September 198I.
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Mayo r i`
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Town Clerk
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i'he purpose of this document is to provide for the establishment and
successful execution of a Minority Business Enterprise ("MBE") program
for the Town of Vail, Colorado. This pr.ograrc~ will only be used in con--
junction with certain Town projects funded in whole or in part by the
U.S. Department of Transportation. Since Vail is an extremely small
3.980 estimated population about 4,000) rural community, the antici-
pated number .of such projects is extremely limited. In fact, the only
project in the history of the community, or within its forseeable future;
which requires a specific MBE program is the proposed construction
of a Bus Storage Building Addition under Section 3 of the Urban Mass.
Transportation Act of 19G4, as amended. Therefore, while the Town'
AZBE program will be written to permit its application to other projects,
the program has been designed specifically with the Bus Storage Building
Addition in mind.
xri the past, the Town has had successful experience with nontraditional
construction and bidding techniques. Tlae Town has found, for .example,
that under some circumstances, use of the "construction management"=~~'
approach has produced a project of superior quality in less time and':
at a lower cost than the traditional process involving the award of -:
a single bad to a general contractor. Similarly, with regard to tools,
eguipment and furnishings, the Town has found that, under some circum-
stances, a bidding process which permits multiple awards on an item-
by-item basis produces superior quality at less cost than a single
contract far all items in the bid. Until design of the Bus Storage
Building Addition is t~nc~~rway, it will not be possible to determine .
w: at t.~chriquPS of t~idding/construc~ti~,:~ are the most appropriate for
this t.,.v jec:t. ~3~herefore, the MBE plan presented here has been drafted
to permit adoption to whatever technique the Town may subsequently choose
to employ. As a result, the plan encompasses overall goals only; con-
tract goals wi11 not be determined until the structure of contracting
for the project has been established.
B. DEFYNITxONS
The definition used herein shall be the same as those adopted by the
U.S. Department of Transportation in its MBE Program Regulations. 49
CFR 23.5, entitled "Participation by Minority Business Enterprises
in Department of Transportation Programs; Definitions," as amended or
may be amended, is hereby incorporated as part of the Town's MBE pro-
gram by reference.
C. POLICY
It is the policy of the Town of Vaal to prohibit discrimination on the
basis of race, color, sex, creed, religion, ancestry, or national origin,
in connection with the award of, and performance under, any contract
with any person or firm for the procurement of goods or services for
the Town of Vail, its various departments, or agencies.
It is further the policy of the Town of Vail. with regard to any project
meeting the criteria established in this MBE Plan, to affirmatively
ensure and encourage the participation of minority business enterprises
iii contracts far goods and services awarded through the project.
i~
Toward these ends, the '.Gown has adopted the percentage goals con-
tained herein for the participation of MBE's in such contracts, and
shall follow the procedures prescribed herein to assure the achieve-
ment of these goals.
This policy and the implernentation plan provided herein shall remain
in effect until the successful completion of all projects meeting the
criteria established in this plan.
D. PROJECT CRITERIA
The Minority Business Enterprise Program shall apply to all Town spon-
sored projects meeting one of the following criteria established below;
1} Involving grant funds in excess of $250,000, exclusive of
transit vehicle purchases, under Section 3,5 and 17 of the
Urban Mass Transportation Act of 1964, as amended, and
Federal Aid Urban Systems;
2) Involving grant funds in excess of $100,000 under Section
r.
6 and 8 of the Urban Mass Transportation Act of 1964, as
amended,
3} involving grant funds under Section 402 of the National
Highway Traffic Safety Act; ~-
4) Snvo).ving funds in excess of $250,000 awarded by the
Feder~+~ Aviation Administration to general aviation
airports;
5) involving funds iii ex cess of $400,000 awarded by the Fed-
eral Aviation Administration to non~hub airports;
6) involving funds in excess of $75,000 awarded by the Federal
Aviation Administration for planning purposes; and
Involving a license under the Deepwater Part Act of 1964.
E. LIAISON OFFICER
The Director of the Department of Public Works and Transportation is
hereby designated as the MBE Liaison Officer far the Town of Vail.
This staff person reports directly to the Town Manager who is the
Chief Executive Officer of the Town. The Liaison Officer shall be
responsible for developing, managing, and implementing the MBE program
on a day-to-day basis; for carrying aut technical assistance activities
for MBEs; and for disseminating informat~.on on available business
opportunities so that MBEs are provided ayl equitab7.e opportunity to
bid on the Town's contracts.
F. PROCEDURES
General. Each solicitation to bid or contract subject to MBE goals
under this plan shall incorporate the entire terms of this plan, its
attachments, and reference provisions, by reference. Invitations to
bid, requet~ts far proposals, specifications, delivery schedules, and
prebid conferences shall bG arranged to facilitate the participation
of MBEs ~~. The 7~'ot~rn shall. arrange assistance to MBE's where appro-
priate, iaz overcoming barriers to participation such as inability to
obtain bonding, financing, or techinical assistance. The Town shall
assist all potential. and successful bidders/proposers, and subcontrac-
tors thereunder, in thea.r development, submission, and implementation
of programs to mast the requirements of the Tovrn's MBE plan. Informa-
tion pertaining to contracting opportunities and procedures shall be
directed to MBEs in a timely and appropriate fashion which encourages
their participation. Contractors shall be encouraged to use the ser-
vices of banks owned and controlled by minorities or women, (Nate:
There are no such local banks; consequently, the Town shall make no
use of such banks.) .
Solicitations and Bids. The Town shall state, in all solicitations
for contracts under projects covered by this plan, where an MBE goal
is other than zero, the goals for use of MBE minority and MBE female
firms. Bidders/propasers shall be prohibited from entering into an
agreement with any MBE which prevents the MBE's participation in other
bids/proposals.
Contract Award. Any contract under projects covered by this plan, which
is not set aside for exclusive MBE competition, where an MBE goal is
other than zero, shall. only be awarded to a bidder/praposer who has
met the M23E goal or expended sufficient reasonable efforts toward
meeting the MBE goal. The apparently successful bidder/proposer shall
be required to provide the following information for the Town's use
in determining whether the bidder/px'opcser has met the goal: {1) the
names and`addresses of MBE participants in the bid/proposal, {2) a
description of the work each is to perform, and {3} the dollar value
of such work. In instances where the goal has not been met, the Town
shall require additional information, outlined below, to determine
whether the bidder/proposer has made good faith efforts toward meeting
the goal.
Good Faith Efforts. xn instances where the apparently successful bidder/
praposer has not met the slated MBE goals, the following factors will
b~ considered by the Town in determining whether the bidder/proposer
has made adequate good faith efforts toward meeting the goal:
1} Whether the contractor attended any prebid meetings that
were scheduled by the Town to inform MBEs of subcontracting
opportunities;
2) Whether the contractor advertised in general circulation,
trade association, and minority-focus media concerning the
subcontracting opportunities;
3) Whether the contractor provided written notice to a reason-
able number of specific MBEs that their interest in the contract
is being solicited;
4} Whether the contractor followed up initial. solicitations
of interest by contacting r1~3~:s to determine with-certainty
whether the MBEs were interested;
5) Whether the contractor selected portions of the work to
be performed by MBEs in order to increase the likelihood of
mc:cting the MBE goals;
6} Whether the contractor provided interested MBEs with
adequate information about the plans; specifications, and
requirements of the contract;
7} Whether the contractor negotiated in good faith with
interested MBEs, not rejecting idBEs as unqualified without
sound reasons based on a thorough investigation of their
capabilities; and
8) Whether the contractor made efforts to assist interested
MBEs in obtaining bonding or insurance required by the rew
cipient ar contractor.
Determination of Goal Achievement. Prior to the award of any con-
tract to a firm claiming to be an MBE or to have achieved MBE goals
through subcontracts with an MBE(s), and prior to the certif ication
of MBE eligibility, the Town shall determine whether the firm has
proposed MBE participation in a manner which in fact meets the MBE
goals. This determination shall be conducted in conformance with the
procedure established by the U.S. Department of Transportation in its
MBE Program Regulations. a4 CFR 23.7, entitled "Participation by
Minority Business Enterprises in Department at Transportation Programs;
Counting MBE Participation Toward Meeting MBE Goals, as amended, or
may be amended, is hereby incorporated as part of the Town's MBE
program by reference.
Certification. Prior to the award~of any contract to a firm claiming
to be an MBE or to have achieved MBE goals through subcontracts with
an MBE (s}, the Town shall certify the eligibility of all MBEs encom-
passed by the contract. The bidder/proposer or contractor, as appro-
priate, sha11 inform the Town of any proposed substitutions of MBE
contractors until such substitute subcontractors have been certified
eligible by the Town Certification shall be conducted in conformance
with the procedures established by the U.S. Department of Transporta-
tion in its MBE Program Regulations. 49 CFR 23.51. - 23.53, entitled
Participation by Minority Business Enterprises in Department of Trans-
portation Programs; Certification of the Eligibility of Minority
Business Enterprises; Eligibility Stan.dards," as amended or may be
amended, is hereby incorporated as part of the Town s MBE program by
reference.
Post Award Enforcement. To ensure a~Z obligations under contracts
awarded to MBES~, or to firms pxo~:osing to meet MBE goals through
the use of MBEs , are met, the Town shall review each contractors'
MBE involvement efforts d~~ring the term of the contract. Contractors
s}gall be rcc~uired to briny to the attention of the Tawn any situation
in which regularly scheduled progress payments are not made to MBE
subconl:ractor.s. The Town may issue: stop work orders, withhold pay-
ments due, oz' terminate contracts, at ~.ts discretion, upon a finding
that any firm is not n~aeting its MBE related commitments; specific
enabling provisions outlining the procedures for use of these enforce-
ment powers shall be incorporated into each contract subject to MBE
goals.
G . D 11tECT0 RX
The Town hereby adopts and incorporates by reference the current
edition of the Colorado Minority Business Enterprise Directory, as
it may be revised and updated, published by the Colorado Office of
Minority Business Enterprise, as the official directory of the Town
for use in the conduct of its MBE program. The Tawn will make this
directory available to bidders/proposers in their efforts to meet
MBE requirements. The Town will use this directory in its determina-
tions of appropriate goals for various types of MBE contracts: The
Tom will use this directory in its solicitation of bidders/proposers
for contracts subject to MBE goals.
H. ~~ GOAD
The overall percentage goals for the dollar value of work to be
awarded to MBEs shall be as provided in Attachment 1, "Goals". These
overall goals shall be applicable to the entire Tawn MBE program and
the only project anticipated to fall within the scope of this program,
the construction of the Bus Storage Building Addition. These goals
shall be reviewed annually in comparison with actual MBE participation
rates for the year and updated accordingly. Overall goals have been
and shall be based upon a consideration of the percentage of minority
population within Eagle County and the numbers and types of contracts
to be awarded by the Town, under projects subject to this MBE program,
and the numbers and types of MBEs likely to be available to compete
far these contracts. For purposes of making these determinations, the
Town has used a 1~0 mile driving radius of the Town of Vail as the area
of Colorado appropriate for considering firms "available to compete."
This encompasses the Denver metropolitan area and other Front Range
communities. The initial goals are not based upon the Town's past
MBE experience, as the Town has no past experience administering MBE
programs.
Prior to the solicitation of bids on .any contract under a project
covered by this plan, contr~.c~~-specific goals shall be established
by the Town Manager .for alb contracts and, where appropriate, sub-
3 contracts anticil-~atcd for the project. The Tawn Manager may amend
contract-specific goals while a project is underway to adjust to
change-11g circurnstancas or new information which may warrant such
rrfondments. Contract-specific goals shall be based upon a consid-
eration of the overall goals, the contracting/construction methods
to be employed on the project, and tl~e number, type, and quality of
MBEs likely to be available to compete far these contracts.
r.r
I. SET-ASIDES
Where the Town Manager deems it appropriate, a specific contract,
subcontract, ox part thereof, may be set aside exclus~ve~y fo.r an
MBE firrtt or firms_ Where set-asides are used, the.Town Manager shall
initially establish them in conjunction with the setting of all con--
tract-specific goals for the project. ~'he Town Manager may amend any
set-aside from time to time while the project is in process to adjust
to changing circumstances or new information which may warrant such
amendments. Where Town purchasing policies require such contracts
or Subcontracts to be bid, a set--aside shah. only be used if the Town
determines that three or more MBEs are eligible to compete for the
contract. Where it has been determined that three ar more MBEs are
eligible to compete, a contract award shall net be prohibited because
three or more MBEs were not found to be responsive to the bid.soli-
citation.
J. MONITORING, RECORDS, AND REPORTS
The Liaison Officer shall be responsible for ongoing monitoring of the
performance under the MBE plan. The Town shall maintain such records
as are necessary to determine performance, meet the requirements of
this plan and the U.S. Department of Transportation MBE Program Regu-
lations, and document that such requirements have been met. These
reports shall include special efforts to solicit MBE bids/proposals;
determination of apparently successful bidders; MBE eligibility
certification; determinata_on of apparently successful bidder goal
achievement; comparison of Town MBE performance with MBE goals; and
any other such records or reports which may be required by the U.S.
bepartment of Transportation, the Urban Mass Transportation Admin-
istration, or other applicable Departmental element. All such reports
shall distinguish M~iE goals, activities and achievements between those
applicable to minorities and those applicable to women. Contractors
and subcontractors subject to MBE goals shall be required to keep such
records and submit such reports as are required to meet the intent of
this paragraph. All records and reports shall be retained for a period
of three years. subsequent to project termination or completion.
K. APPEALS AND COMPLAINTS
Any firm or person believing she/he/it has been wrongfully denied
certification as an MBE or joint venture, or believe she/he/it or
another person or firm, or class of persons or firms, has been sub-
ject to a violation of this plan ar the U.S. Department of Transpor-
tation MBE Program Regulations, may file an appeal or complaint, as
appropriate, in writing with the U.S. Department of Transportation.
A full copy of such complaint or appeal, and all attachments thereto,
shall. be submitted to the Town Liaison Officer. Procedures for filing
such appeals or complaints are provided in the U.S. Department of
Transportation MBE Program Regulations. 49 CFR 23.55 and 23.73,
entitled, "Participation by Minority Business Enterprise in Department
of Transportation Programs; Appeals of Denials of Certification as an
MSE; Complaints", as amended or may be amended, are hereby incarpor-
atec~ as part of the Town's MBE program by reference.
Attachment 1 .
Goals
MINORITY BUSINESS ENTERPRISE PROGRAM
Town of Vail, Colorado
The overall goals for i~tI3E participation i.n projects covered by the
MBE Plan shall be as follows:
Minority Women Total
MB3~s MBEs-. MBEs;
Percent of dollar value of
contracts awarded for can-
struction, equipment, material,
su~aplies, furnishings, or
sexvices l~ '~~ 1~~
1: ---r