Office of Small Business and DVBE Services I Procurement Division I Department of General Services I State of California 707 Third Street I West Sacramento, CA 95605 I (916) 375-4940
Memorandum of Understanding
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by the City of Fontana (hereinafter "City"), and the State of California, Department of General Services, Procurement Division, Office of Small Business and Disabled Veteran Business Enterprise Services (hereinafter "State").
RECITALS
Whereas, the State certifies eligible California small businesses for the State's 25 percent participation program and disabled veteran business enterprises for the State's three (3) percent participation program;
Whereas, the State maintains databases of firms certified as small businesses and disabled veteran business enterprises for the purpose of its own programs; Whereas, the City accepts the State’s Small Business (SB), Small Business for the Purpose of Public Works (SB -PW) and Disabled Veteran Business Enterprise (DVBE) certifications in an effort to maximize efficiently the participation of SBs, SB- PWs, and DVBEs in the City’s contracting process;
Whereas, the State ha s developed a certification reciprocity program in order to increase efficiencies and maximize the population of certified small businesses and/or disabled veteran business enterprises in the State's database; and
Whereas, this program will allow the City to use the State 's database in accessing certified businesses (via public data queries) thereby allowing the City to access a broader base of SBs, SB-PWs, and DVBEs.
NOW, THEREFORE, THE CITY AND THE STATE AGREE AS FOLLOWS
1. This MOU is effective as of the date below and remains in effect until it is formally revised, superseded, or terminated. The MOU will terminate if it ever conflicts with any law adopted after the MOU becomes effective or if there arise any fiscal/budgeting issues that affect the ability of the parties to carry out the intentions of the MOU. Each party may terminate this MOU by giving a thirty (30) day written notice of termination to the other party.
2. The City will refer small businesses and/or disabled veteran business enterprises, that desire to contract with the City to perform work, to the State for certification (as appropriate). The City shall make its referrals to the State of California, Department of General Services, Office of Small Business and D isabled Veteran Business Enterprise Services. The City and the State will each make efforts to provide workshops, in partnership with each other, to certify more businesses who are interested in contracting with the City and the State.
3. Any notice, demand request, consent, or approval that either party hereto may or Office of Small Business and DVBE Services I Procurement Division I Department of General Services I State of California 707 Third Street I West Sacramento, CA 95605 I (916) 375-4940
is required to give the other pursuant to this MOU shall be in writing and shall be personally delivered or sent by mail or email, addressed as follows:
TO CITY OF FONTANA
City Manager Office
Economic Development Department
8353 Sierra Avenue
Fontana, CA 92335
Or
[email protected]
TO STATE
Department of General Services
Office of Small Business and DVBE
Services
707 Third Street, First Floor
West Sacramento, CA 95605
Or
[email protected]
4. This MOU shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to the MOU shall be brought in the State of California.
5. The State agrees to provide the City access to an exclusive data query (Reciprocity Query), to the extent that such a query is developed, maintained and made available to government agencies.
6. The City agrees to annually report, to the extent possible, to the State for the given fiscal year t he total contract dollar amount s awarded to state certified SBs, SB- PWs and DVBEs, including percentage in total procurement dollars broken down by certification type, and the total number of certified SBs , SB-PWs and DVBEs doing business with the City.
7. The City and State agree to maintain and uphold all appropriate and applicable laws surrounding the confidentiality of any and all State certification related data available to, shared with or released to the City.
8. The City agrees to advise the State of any changes to the City’s participation in the Certification Program that occur (in so much as such changes may impact reciprocity program operations and/or public information sharing).
9. This MOU supersedes any prior agreements, whether oral or written, between City and State regarding the subject matter of this MOU and any such prior agreements are hereby terminated effective immediately upon full execution of this MOU.
10. This MOU may be executed in duplicate counterparts. The MOU shall be deemed executed when it has been signed by both parties.
Office of Small Business and DVBE Services I Procurement Division I Department of General Services I State of California 707 Third Street I West Sacramento, CA 95605 I (916) 375-4940
IN WITSSNESS WHEREOF, the parties hereto have executed this agreement as of this 23rd day of September 2023
CITY OF FONTANA
City Manager’s Office
STATE OF CALIFORNIA,
Department of General Services,
Procurement Division,
Office of Small Business and Disabled Veteran
Business Enterprise Services
Name: Name:
Title: Title:
Signature: Signature:
Date: Date:
APPROVED BY CITY OF FONTANA COUNSEL
Name:
Signature: Date: