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RESO 1981-15(B) - MBE ProgramRESOLUTION NO. 81 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A MINORITY BUSINESS ENTERPRISE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Minority Business Enterprise Program of the City of Huntsville, Texas, attached hereto as Exhibit "A ", and made a part hereof for all intents and purposes, is hereby adopted and made policy of the City. Section 2: The City Manager is hereby authorized to implement the Minority Business Enterprise Program. The City Manager is directed to forward this document to the Federal Aviation Administration to complete its application for grant assistance. Section 3: Council hereby finds that this action must be taken immediately in order to qualify for federal funding of airport improvements. Section 4: This resolution shall take effect immediatley upon its adoption by City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, on this the 1 st day of September, A.D. 1981. THE CITY OF HUNTSVILLE, TEXAS By ATTEST: APPROVED AS TO FORP1: Sterti Scott Bounds, City Attorney William V. Nash, Mayor CITY OF HUNTSVILLE, TEXAS, MBE PROGRAM I. The Minority Business Enterprise (MBE) proaram to follow is being sub- mitted to the U. S. Department of Transportation (DOT) by the City in satisfaction of requirements set forth in the DOT MBE regulations (49 CFR Part 23). II. Each DOT financial assistance agreement shall include the following: "If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its fail- ure to carry out the approved program the Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance." III. LAISON OFFICER. The Director of Community Development (Robert W. Smith) shall serve as the City's MBE Laison Officer. The Laison Officer may be contacted at City Hall, 1212 Avenue M, Huntsville, Texas 77340, (713)295 - 6471, Monday through Friday (except Holidays) between 8:00 A.M. and 5:00 P.M. The MBE Laison Officer shall be responsible for coordin- ation of financial, legal, engineering and purchasing functions per- taining to MBE matters. The Laison Officer shall be responsible for administration and implementation of the goals and objectives contained in this MBE program. IV. The City further agrees to adopt the following program elements and reporting procedures: MBE PROGRAM ELEMENTS 49 CFR Part 23 sets forth certain required MBE program elements in § 23.43 and § 23.45(e) -(i), to be applicable to activities carried out by the City. The City agrees to include the following clauses in each procurement initiated directly by it, and to adopt the following pro- gram elements: A. Required MBE contract clauses: 1. Policy. It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the per- formance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. 2. MBE Obligation. The recipient or its contractor agrees to en- sure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all neces- sary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and perform- ance of DOT- assisted contracts. B. MBE Director C§ 23.45(e)] : The City will develop a loose -leaf di- rectory of minority businesses to identify MBEs with capabilities relevant to construction of airport improvements. The information contained in the MBE source list or directory shall be made available to contractors, bidders, and proposers to facilitate their efforts to meet the specific MBE program requirements if opportunities for private sector contracting or purchasing exist. C. Procedures to ascertain the eligibility of MBEs and joint ventures involving MBEs C23.45(f)J: 1. The City will ensure that any benefits resulting from the goal - oriented MBE program accrue only to firms owned and controlled by minorities or women within the meaning of 49 CFR Part 23, § 23.5. 2. The City agrees to certify MBEs in accordance with the require- ments of 49 CFR Part 23, Schedule(s) A & B upon receipt of noti- fication by it that the Office of Management and Budget (OMB) has approved the format under the provisions of OMB Circular A -40. The City may accept certifications previously accepted by other DOT operating elements. 3. The City will ensure that the certification systems are at least as effective as procedures prescribed in 49 CFR Part 23, § 23.51. 4. The City will when possible replace a MBE subcontractor that is unable to perform successfully with another MBE. The City will approve all substitutions of MBE subcontractors before bid open- ing and during contract performance, to ensure the substitution of bona fide MBEs. D. Percentage goals for the dollar value of work to be awarded to MBEs L§ 23.45(g )] : 1. Each fiscal year, the City will review its various Programs so as to identify those proposed contracts having potential for MBE participation and set an overall goal for MBE participation within the generated activities to be carried out and goods to be purchased. The overall MBE goal shall include a separate goal for firms owned and controlled by minorities, and a goal for firms owned and controlled by women. The City's overall goal for minority - owned and women -owned firms for FY 1981 is 14 %. These percentages are based upon the total dollar value of contracts with, and goods purchased from, the private sector. 2. Contract goals will be negotiated where MBE subcontracting oppor- tunities have been identified. The goal(s) will be expressed as a percent of the total dollar amount of the contract. The City will meet or exceed the goal(s) or be prepared to demonstrate that best efforts were expended so as to accomplish the MBE obligation. 3. The overall goal will be based on a review of the availability of MBEs located within at least the usual market area for con- tractors and vendors. The overall goal will reflect the results that reasonably could be expected as a consequence of aggressive efforts to implement the MBE program. 4. The OMB Circular A -95 Clearinghouse review shall suffice as the goal- related 45 -day comment period required by § 23.45(g). E. Procedures to re•ui re that •articisatin• MBEs are identified y competitors for contracts. - 7 The City will require prime contractors to submit the names of any MBE subcontractor(s), their respective scope of work, and the dollar value of the proposed MBE subcontract(s) within a reasonable time within the circumstances of each solicitation after bid opening(s) and prior to the actual contract award. V. Selection criteria to ensure that prime contracts are awarded to competitors that meet MBE goals C§ 23.45(i)) A. The City contracting activities incorporate procedures whereby bids will be reviewed to determine whether the lowest bidder meeting the MBE contract goal is within the zone of competition as to price for the contract. If the City determines that this competitor has offered a reasonable price, the firm shall be awarded the contract. If the bidder's price is not reasonable, the competitor with the next highest per- centage of MBE participation shall be considered and so on, in order of their percentage of MBE participation until one with a reasonable b name price is selected. In the event no bidder with MBE participation has offered a reasonable price, then the City may elect to award the contract to any bidder or offeror that demonstrated a reason- able effort to meet the MBE contract goal. C. The City will consider steps, including but not limited to the following, as to determining whether reasonable efforts were made to meet MBE contract goals: 1. Attendance at a pre -bid meeting, if any, scheduled by the re- cipient to inform MBEs of subcontracting opportunities under solicitation; 2. Advertisement in general circulation media, trade association publications, and minority -focus media for at least 20 days before bids or proposals are due. If 20 days are not available, publication for a shorter reasonable time is acceptable. 3. Written notification to MBEs that their interest in the contract is solicited; 4. Efforts made to select portions of the work proposed to be per- formed by MBEs in order to increase the likelihood of achieving the stated goal; 5. Efforts to negotiate with MBEs for specific bids for subcontracts including at a minimum: a. The names, addresses, and telephone numbers of MBEs that were contacted; b. A description of the information provided to MBEs regarding the plans and specifications for portions of the work to be performed; and c. A statement of why additional agreements with MBEs were not reached; 6. Concerning each MBE the competitor contacted but rejected as unqualified, the reasons for the competitor's conclusion; and 7. Effort made to assist the MBEs contacted that needed assistance in obtaining bonding or insurance required by the contractor or recipient. D. Bidders, proposers, offerors, that fail to meet the foregoing "reason- able efforts" test, will not be certified as eligible to be awarded the federally- assisted contract. E. The City will ensure that all obligations under MBE contracts are met, by reviewing the contractor's MBE involvement efforts during the life of the contract. VI. Reporting Procedures A. The City will maintain records on specific contract awards to MBEs in a format and frequency to be prescribed by DOT. B. The minimum MBE data elements to be maintained are as follows: 1. The number of contracts awarded by MBE; 2. A description of the contract(s) awarded to MBEs; 3. The dollar value of MBE contract awards; 4. The percentage of the dollar value of all contracts awarded to the private sector that were awarded to MBEs; and 5. An appraisal of the extent to which the MBE awards met or ex- ceeded the MBE goal. VII. This program is offered in consideration of and for the purpose of ob- taining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the City by the Department of Transportation and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, suc- cessors in interest and other participants. Attachments: Department of Transportation Regulations ty Manager, City of Huntsville