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Home My WebLink About12/14/2010 14 Yakima Transit's DBE Program Amendment to Resolution No. 2010-114 [Disadvantaged Business Enterprise] BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No. .* I L fr For Meeting of December 14, 2010 Item Title Resolution amending Yakima Transit's Disadvantaged Business Enterprise (DBE) Program Submitted by Chris Waarvick, Public Works Director, 576 -6411 Contact Person Ken Mehin, Transit Manager, 576 -6415 Summary Explanation. Yakima Transit is required to update their Disadvantaged Business Enterprise (DBE) Program in accordance with U S Department of Transportation (DOT) regulations, 49 CFR Part 26 In July 2010, the Federal Transit Administration (FTA) determined that Yakima Transit was deficient in this requirement and has ordered compliance or not receive federal financial assistance until Yakima Transit updates the DBE program The proposed DBE Program is to ensure that DBEs (women and minority owned businesses) have an equal opportunity to receive notice and to participate in DOT — assisted contracts On November 3, 2010, after the DBE program was adopted reflecting contemporarily understood amendments, the FTA notified Yakima Transit that other information was needed in the DBE Program Those changes have been made in the program The changed sections are included behind the attached resolution The City Clerk has the full amended document for review (51 pages) Resolution Ordinance Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL. City ger Staff Recommendation Adopt the resolution updating Yakima Transit's DBE Program Board Recommendation The City Council Transit Committee is aware of the requirement for Yakima Transit to comply with the FTA with regard to Disadvantaged Business Enterprises Council Action 110 • Resolution No. R -2010- A RESOLUTION authorizing the filing of a resolution amending Resolution No 2010 -114 for Yakima Transit's Disadvantaged Business Enterprise Program and its associated triennial goal with the Federal Transit Administration, an operating administration of the United States Department of Transportation, as authorized by 49 C F R. Parts 23 and 26, & United States Code Titles 23, 42, and 49 and directing staff to implement the program. WHEREAS, in 1983, Congress enacted the Department of Transportation (DOT) requirement for a Disadvantaged Business Enterprise Program (DBE) The objectives of the program are to • Ensure nondiscrimination in the award and the administration of DOT - assisted contracts in the Department's financial assistance programs, • Create a level playing field on which DBEs can compete fairly for DOT - assisted contracts, • Ensure that the Department's DBE program is narrowly tailored in accordance with applicable law; • • Ensure that only firms that fully meet this part's eligibility standards are permitted to participate as DBEs, • Help remove barriers to the participation of DBEs in DOT - assisted contracts • Assist the development of firms that can compete successfully in the marketplace outside the DBE program; and • Provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs WHEREAS, the City of Yakima operates a public transit system for use by the general public regulated by the Federal Transit Administration (FTA), an agency of the DOT, and is therefore subject to FTA requirements, WHEREAS, in order to be eligible for federal financial assistance, Yakima Transit must update the DBE goal every three years, and, WHEREAS, On November 3, 2010, FTA notified Yakima Transit that additional information was required in the DBE Program, WHEREAS, the City of Yakima Transit Division's amended DBE program meets the FTA requirements as outlined above. • NOW, THEREFORE, BE IT RESOLVE BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City of Yakima DBE program for Yakima Transit, attached and incorporated hereto, is 110 hereby approved and adopted for implementation by the City of Yakima and staff is directed to implement the Disadvantaged Business Enterprise Program and establish goals associated with the program, as of the date of this resolution's enactment by the City of Yakima City Council ADOPTED BY THE CITY COUNCIL at a regular meeting this 14th day of December, 2010 Micah Cawley, Mayor ATTEST City Clerk • S 0 DBE Program Amendments • • Section 26.29 Prompt Payment Mechanisms 4 10 The City will include the following clause in each DOT - assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contract receives from the City The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractors work is satisfactorily completed Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the DEBELO This clause applies to both DBE and non - DBE subcontracts. Failure to make prompt payments to subcontractors will result in the prime contractor not being reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors will be paid promptly for the work they have performed. The City of Yakima also reserves the right to cancel the contract upon a failure to make prompt payments to subcontractors as required herein. Section 26.45 Overall Goals A description of the methodology to calculate the overall goal and the goal calculations can be found in Attachment 4 to this program. This program section will be updated every three years. In accordance with Section 26 45(f) the City will submit its overall goal to DOT on August 1 every three years starting August 1, 2012 for FYY 2013 -2015 Before establishing the overall goal, The City will Deleted: every year consult with the Hispanic Chamber of Yakima, and OMWBE to obtain information concerning the availability of disadvantaged and non - disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the City's efforts to establish a level playing field for the participation of DBEs. Following this consultation, we will publish a notice of the proposed overall goals, informing the public that the proposed goal and its rational are available for inspection during normal business hours at your principal office for 30 days following the date of the notice and informing the public that you and DOT will accept comments on the goals for 45 days from the date of the notice. The Notice will be placed in the Yakima Herald- Republic and orr the City's website under Purchasing's page at www ci.yakima.wa.us /services /purchasing Normally, we will issue this notice by June 1 of each year The notice must include addresses to which comments may be sent and addresses (including offices and websites) where the proposal maybe reviewed There were no comments submitted during the 45 day notice that was advertised July 10 2009 Our overall goal submission to DOT will include a summary of information and comments received during this public participation process and our responses. We will begin using our overall goal on,Au ust 1 _2012 for FYY 2013 -2015 and submit one three, _ - { Deleted: October years following, unless we have received other instructions from DOT If we establish a goal on a project Deleted: of basis we will begin using our goal by the time of the first solicitation for a DOT - assisted contract for the = project. f Deleted: ach I Yakima DBE Program Page 1 of 5 • 0 ATTACHMENTS Attachment 1 Organizational Chart Attachment 2 DBE Directory Attachment 3 Monitoring and Enforcement Mechanisms Attachment 4 Overall Goal Calculation Attachment 5 Form 1 & 2 for Demonstration of Good Faith Efforts Attachment 6 Regulations: 49 CFR Part 26 Attachment 7 Personnel Inventory Form Attachment 8 Notice of DBE Goal Yakima DBE Program Page 2 of 5 0 Attachment 4 • Goal Setting Process Yakima Transit will use a two -step goal- setting process as follows. Sled I Determine a base fgure for the relative ayailabilityof DBEs by Using DBE Directories and Census Bureau - Data. Yakima Transit will determine the number of ready, willing, and able DBEs in the market from our DBE directory using the Census Bureau's County Business Pattern (CBP) database, determine the number of all ready, willing and able businesses available in your market that perform work in the same SIC' codes using the Census Bureau website. www. census .gowepcd.ehp%view:cbpvtew.htmll and divide the number of DBEs by the number of all businesses to derive a base figure for the relative ayailahility of DBEs in our market. Step 2. Once a base figure has been calculated, examine all of the evidence available in our jurisdiction to determine what adjustment. if any, is needed to the base figure in order to arrive at our overall goal. 1 Evidence that will be considered when adjusting the base figure include: i. The current capacity of DBEs to perform work in our DOT - assisted contracting program, as measured by the volume of work DBEs have performed in recent years and. ii. Available evidence from disparity studies conducted anywhere within our jurisdiction, to the extent it is not already accounted for in our base figure. 2. If available. Yakima Transit will consider evidence from related fields that affect the opportunities for DBEs to form, grow and compete including,__but not limited to i. Statistical disparities in the ability of DBEs to get the financing. bonding. and insurance required to participate iii our program,_ and. ii. Data on employment, self - employment, education. training and union apprenticeship programs, to the extent it is related to the opportunities for DBEs to perform in our program. Overall Goal Calculation Table 1 - Determine the weight of each type of work by NAICS Code: * Enter all the FTA- assisted projects below Project amounts should be assigned,relesant NAICS Code(s). . _ -{ Deleted: relevent NAICS Amount of DOT % of total DOT funds (weight) Code Project funds on project: 1) 485991 Dial - A -.Ride contract $1,000,000.00 0.5123 2) 45431. Fuel $667,887 00 0.3422 3) 561720 Bus shelter. cleaning ' $20,000 00 0 0102 4) 453210 Printing $25,000 00 0 0128 5) 561720 .Janitorial $50,000.00 0 0256 6) 541810 Radio and TV ads $60,000.00 0 0307 7) 811111 Outside vehicle,repairs $90,000.00 0 0461 8) 441320 Tires $39,000.00 0 0200 Total FTA Assisted Contract Funds $1,951,887.00 1 Yakima DBE Program Page 3 of 5 S • Table 2 - Determine the relative availability of DBE's by NAICS Code: * Use DBE Directory, census data and/or a bidders list to enter the number of available DBE firms and the number of available firms. NAICS Project Number of DBEs Number of Relative Code available to all firms Availability perform this work available (including DBEs) 1) 485991 Dial A - Ride contract 0 ' , 2 .. 0 0000 2) 45431 Fuel ' 0 ' 4 ' 0.0000 3) 561720 Bus shelter cleaning 0 5 0.0000 4) 453210 Printing 0 3 0 0000 5) 561720 Janitorial ' 0 5 0 0000 6) 541810 Radio and TV ads ' 0 . , , ' '7 0.0000 7) 811111 Outside vehicle repairs ' 0 .. 6 . ' 0.0000 8) 441320 Tires 0 ' , 6. 0 0000 0.00% Overall Combined Totals 0 38 availability of DBEs Table 3 - (Weight) x (Availability) = Weighted Base Figure NAICS Weighted Code Project Weight x Availability Base Figure 1) 485991 Dial A - Ride contract 0.51232 x 0.00000 2) 45431 Fuel 0.34218 x 0 00000 3) 561720 Bus shelter cleaning 0 01025 x 0 00000 4) 453210 Printing 0 01281 x 0 00000 ® 5) 561720 Janitorial 0 02562 x 0 00000 6) 541810 Radio and TV ads 0 03074 x 0 00000 7) 811111 Outside vehicle repairs 0 04611 x 0 00000 8) 441320 Tires 0 01998 x 0 00000 Total 0 0000 Expressed as a % ( *100) 0 00% Rounded, Weighted Base Figure: 0% No additional evidence has been collected under Step 2 or from relevant consultations showing that an adjustment needs to be made. Yakima DBE Program Page 4 of 5 IP Attachment 8 PUBLIC NOTICES 411 Notidas Legates V Noticia P6blica PUBLIC NOTICE ' El Tr$nsito de Yakima pro- August 6, 2010 1 pone un objectivo de 1% I p ) ars 2010 -2013 . Esta co- Yakima Transit is propos 11 locaoi6n anuai de object- ing a goal of 1% (one) 1 vo es reeqquerida por la Ad - percent or .more for 2010 r ministrad6n Federal de! 2013. Annual goal setting 1 Tr5nslto, segCn de 49 for Yakima Transit's 'Dis• z CFA pang 26 pare el pro advantage Business En - 1 9rama del Transfto de Ya terprise (DBE) Program is • i kima, Desventafa Empre - required se de Negoclos (Di - i e q by the Federal 1' vantage Business Enter- Transit Administration un- i rise)). El ropos der 49 CFR. Part, 26: The not ola es der perm ttrr la purpose of this notice is to Guided de Yakima esta- allow the City of Yakima to blecer au 'ob)etivo general set its overall goer utilizing - cue utilize toda la informa information provided -by c ppropocianado por evi statistical evidence within ` dencia estadfstica dentro the community and Ia co y por 00- through public comment. mentardo bllrro. The DBE program, its ; 81 programa Desventaja Empress de Negocios, su' goal, and the basis for the obletivo, y la base del ob goal's rationale - are availa- Jeddvv0 estan disponibles tile for public inspection ' pare la inspecd6n p6blica for 45 days from the date I durable 45 dtas de la fe- of tfils notice during regu- the de ester notiicla dentro lar business hours, '8am- las horas de oficlna regu 5pm (M-F), at the -CIty of, la ves , Sam - 5pm Lunes Yakima 'Clerk Offioe, 129 I d ernes (L - v) en la Cuidad N. 2nd St. Yak(me, WA do la Mina del y 98901 A • ublic forum Rim eCIerks- c of ¥a- a- p um will co W : be ..held on August 16, 2nd Street, Yakima, WA 2010; at -4pm at the :Her -_ 1 88901 Un foro public° se man. Center 101 North (lever& a cabo el 16 de 65th..Avenue; Yakima; -WA, ( agosoto de 2010, a las 4 and on August 17, <2010, de le tarde en el edlflclo at - 4piri at 'the Southeast- I del H arman Center, 101 Community .Center, " 1211 I North 65th Avenue, ' Veld- South 7th Street, Yakima, de 2010, y al 17 de agosto WA 18 0, a las 4 4 de e r an el edlflclo del; Southeast Yakima Com-m- Written Comments . should. munity Center, 1211 South'. be sent t0 the City of Yakl= 7th Street, Yakima, WA. III ma and/or the • _Federal' Transit Administration Los comernsrlos escritos, within 45 days 'from the ' deben ser envtados a la! date of this publication. Guided de Yakima y /d. la comments will -be taken Administraci6n Federal de All co into :consideration In -es= ` de la la fecha dentro 45 dies d To s ter -1 tablishing, (tie ;final' gosh' cacidn. Todos e es los comen mae -I Written comments should t idos saran tornados en . be addressed to :' Sue consideration en establec- ONrnby, City 'of .Yaidrna' Pr al obiectivo final. Los Purchasing 'Manager ' & comentarios escrftos de Disadvantaged Bust ben ser dirigidos a Sue 1 nes E L ia { Ownby, City of Yakima Officer, 129 N. 2nd 'St Purchasing Manager & Yekkna, Washin n En t er prise gad Business > Enterprise Liaison Yakima, , 8890] or.11Aoriica:fiflat ; ah 129 N. 2nd St., Yakima,. lute, F Region 10.CiviI Washington 98901, o'. Rights Officer„ Jackson Monica McCallum, Region Federal - Building; 915 10. Civil Rights Officer, Second . Ave., Ste 3142, Jackson Federal Building, Seattle, 98174 915 Second Ave., Ste: 3142, Seattle, WA 98174. 200790) August 6, � August 10, -r1 So= - : 1 Yakima DBE Program Page 5 of 5 IP