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HomeMy WebLinkAboutRes 2024-12 Adopting the Disadavantaged Business Enterprise Policy of the CIty for the DOT Financial Assistance ProgramsCity of West University Place Harris County, Texas RESOLUTION NO. 2024-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE POLICY OF THE CITY FOR THE DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS; MAKING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of West University Place, Texas (the "City) has applied for and will receive federal financial assistance ("Assistance") through the Metropolitan Transit Authority of Harris County ("METRO") from the Federal Transportation Administration ("FTA); and WHEREAS, as a condition of receiving the Assistance, the City will comply with 49 CFR part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Program in projects funded through this Assistance; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS THAT: Section 1. The City Council of the City of West University Place, Texas, hereby adopts City of West University Place Disadvantaged Business Enterprise (DBE) Policy pertaining to the federal financial assistance programs through the Metropolitan Transit Authority of Harris County from the Federal Transportation Assistance (FTA) Program, which is attached hereto as "Exhibit A" and incorporated herein for all purposes. Section 2. The City Council finds that the DBE Policy is intended solely for the application of projects and funding under the FTA program and is not intended to replace existing City procurement policy. Section 3. This Resolution shall take effect immediately from and after its passage by the City Council of the City of West University Place, Texas. PASSED, APPROVED AND ADOPTED, by the afFirmativevote of the City Council of the City of West University Place, Texas, this the 2L!day of , 2024. (SEAL) Susan Sample, ayor ATTEST_ Gilliam, City Secretary RECOMMENDED Da each, ity Manager APPROVED AS TO LEGAL FORM Olson & Olson, LLP, By Loren Smith, City Attorney EXHIBIT "A" DBE Policy City of West University Place DBE Tier II Policy POLICY STATEMENT POLICY STATEMENT The City of West University Place ("the Citi') has established a Disadvantaged Business Enterprise. The City has received federal financial assistance as a subrecipient through Metropolitan Transit Authority of Harris County (doing business as "Metro") from the Federal Transit Administration (FTA) and, as a condition of receiving this assistance, the City has signed an assurance that it will comply as a Tier II Recipient with 49 CFR part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. It is the policy of the City to facilitate and assure that each third -party participant funded by DOT/FTA funding will facilitate DBE participation by: 1. Complying with 49 CFR part 26 as a Tier II Recipient; 2. Not discriminating on the basis of race, color, sex, or national origin; and 3. Implementing the DBE policy as a Tier II Recipient. Implementation of the DBE policy is accorded the same priority as compliance with all other legal obligations incurred by the City in its financial assistance agreements with the FTA. The City has disseminated this policy statement to the City Council and all transit related components of the City. The City will distribute this statement to DBE and non -DBE business communities that perform work on FTA -assisted contracts. Dave Beach City Manager City of West University Place I Date City of West University Place DBE Tier II Policy TIER II REQUIREMENTS The City will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. Reporting and Record Keeping Requirements — Section 26.11 Reportine to FTA: 26.11(b) The City will report OBE participation to FTA on an annual basis using the Uniform Report of DBE Awards or Commitments and Payments Form through the Transit Asset Management System (TrAMS) or in reporting to Metro as a subrecipient. Bidders List: 26.11(c) The City will collect information about all DBE, Small Business Enterprise (SBE), and non -DBE firms that bid on or propose on DOT/FTA-assisted contracts. The purpose of collecting this information is to allow use of the bidders list approach to calculating overall goals. The bidders list will include the name, address, DBE, SBE, or non -DBE status, and age/annual gross receipts of the firms (if provided). The City will also utilize the State of Texas's online Uniform Certification Program Directory (TUCP) and the City of Houston's Office of Business Opportunity (OBO) Directory to add to any potential Bidders List or notifications. Assurances — Section 26.13 Every financial assistance agreementthat the City signs with the FTA will include the following assurance. The recipient shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of any DOT/FTA-assisted contract, in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps underpart 26 to ensure nondiscrimination in the award and administration of DOT/FTA-assisted contracts. The City's DBE program, as required by 49 CFR part 26 and as approved by DOT/FTA, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided far under 49 CFR part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Each contract the City signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) or sub -recipient must include the following assurance: The contractor, subcontractor, or sub recipient shall not discriminate on the basis of race, color, sex, or national origin in the performance of this contract. The contractorshall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT/FTA-assisted contracts. Failure by the contractor, subcontractor, or subrecipient to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. City of West University Place DBE Tier II Policy ADMINISTRATIVE REQUIREMENTS DBE Program Updates — Section 26.21 Since the City has received, or will receive, a grant of $250,000 or more in FTA planning capital, and/or operating assistance in a single federal fiscal year, the City will continue to carry out this program until all funds from FTA financial assistance have been expended. The City will provide FTA updates representing significant changes in the program on an as needed basis. Policy Statement — Section 26.23 The Policy Statement is provided on the first page of this program document. Small Business Participation — Section 26.39 The City is dedicated to fostering small business participation in its procurements. Participation of SBEs is incorporated into this DBE program in accordance with 49 CFR part 26 and is intended to meet an overall SBE program goal of meeting the maximum feasible portion of a goal through race -neutral means of obtaining DBE and non -DBE small business participation (49 CFR part 26.51). The City will implement the small business participation in all U.S. DOT/FTA funded procurement. The City uses the same standards certification and verification processes as the TUCP, which requires businesses to meet the US Small Business Administration (SBA) size standards and filling out an application. All SBEs listed on the TUCP or the OBO Directory will be considered as an SBE. The City will notify SBEs of opportunities along with DBE notifications. Due to the limited FTA -funded projects, the City will use the following strategies to promote SBE participation: • The City will strongly encourage the prime contractor to specify elements of the contract or specific subcontracts that are of a size that small businesses can reasonably perform. An example of this would be encouraging a prime contractor of a large construction contract to use an SBE subcontractor for elements such as poured concrete or electrical work. • On prime contracts not having DBE contract goals, the City can require the prime contractor to provide subcontracting opportunities of a size that small businesses can reasonably perform, rather than self -performing all the work involved. An example would be requiring an SBE to perform the landscape architecture portion of an engineering contract for a streetscape design. • When possible, the Citywill unbundle contracts to make separate smaller projects that a SBE could become the prime contractor on. This also includes the removal of unnecessary and unjustified bundling of contract requirements. • The City will implement other types of strategies to encourage SBE participation, when possible, for procurement opportunities, such as keeping a reasonable number of projects a size that a small business can reasonably perform as a prime contractor; simplifying or reducing bonding requirements, when applicable; and unbundling larger contracts. The City's Small Business Participation will include outreach to SBEs. Outreach efforts include pro -active methods, including but not limited to: soliciting bids or proposals from SBEs when the contract sizes allow them to have a SBE as a prime contractor; notifying regional small business associations of opportunities to disseminate; encouraging participation in pre-bid and pre -proposal meetings for subcontracting opportunities when contract sizes are larger; including access to the SBE Directories in all procurements to provide prime contractors with the names and contact information of available SBEs; inviting SBEs and SBA organizations to DBE outreach/public participation meetings; and providing information on becoming TxDOT or City of Houston SBE Certified when requested. 3 City of West University Place DBE Tier II Policy Transit Vehicle Manufacturers Goals — Section 26.49 The City will require each transit vehicle manufacturer, as a condition of being authorized to propose on FTA -assisted transit vehicle procurements, to certify that it has complied with the requirements of Section 26.49. The City will verifythat all vehicles procured are from companies listed on the FTA Transit Vehicle Manufacturer (TVM) website. Afterthe execution of a vehicle purchase order, the City's authorized individual will submit the name of the successful TVM, the total dollar value of the purchase order, and all other required information on the FTA -provided online form. The authorize individual will complete this form within 30 days of executing the purchase order. The City Manager will verify that this task has been completed within five (5) days of the deadline. 4 City of West University Place DBE Tier II Policy Attachment 1 DBE and SBE Directories A copy of the Texas Unified Certification Program DBE Information Directory can be obtained on the website: https://txdot.txdotcros.com/Default.asp A copy of the City of Houston MWSBE/PDBE, DBE/ACDBE, and LGBTBE Directory can be obtained on the website: https://houston.mwdbe.com/FrontEnd/VendorSearchPublic.asp