ORDER N0. 15036
ORDER APPROVING SMALL AND/OR MINORITY BUSINESS ENTERPRISE
PROGRAM DOCUMENTS RELATIVE TO AIRPORT CONTRACT AWARDS
On this the 9th day of May, 1983, came on to be considered
the matter of approving policy and contract administration
documents as they relate to Small and/or Minority Business
Enterprise Program in the awarding of airport contracts;
And it appearing to the Court that the City of Kerrville
has prepared documents setting out Policy (Document 1) and Contract
Administration (Document 2) and that the Kerrville City Council
approved the subject documents as they relate to contract
awarding at the City-County Airport, it is ordered on motion
by Commissioner Holland seconded by Commissioner
pi~inc and unanimously approved by the Court that
Kerr County concur with the City of Kerrville in approving the
documents as filed in the office of the County Clerk of Kerr
County, Texas, as they relate to City-County Airport contract
awards.
M E M 0
T0: Honorable Judge and County Commissioners of Kerr
County
FROM: J. Louis Odle, City Manager
DATE: April 14, 1983
SUBJECT: Small and/or Minority Business Enterprise Program:
Document Number 1 (Policy) and Document Plumber 2
(Contract Administration)
At their regular meeting on April 12, 1983, the Kerrville
City Council made approval of subject documents as they
relate to contract awarding at the Airport. In approving
these documents, the Council observed that it was necessary
that there be parallel action by Kerr County so far as the
documents relate to Airport contract awards.
Your favorable consideration is requested.
J. Louis Odle, City Manager
bg
Enclosures (two copies of each document)
cc: Calvin L. Neely
Director of Public Works
SMALL AND/OR MINORITY BUSINESS
ENTERPRISE PROGRAM
FOR
THE CITY OF KERRVILLE
AND
KERR COUNTY,
TEXAS
JANUARY, 1983
S M B E
DOCUMEtdT PLUMBER I
POLICY
•ATRICI E
Cao oort r a n far
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SMALL AND/OR MINORITY BUSINESS ENTERPRISE PROGRAM
OF THE CITY OF KERRVILLE
I. INTRODUCTION
It shall be the purpose of the Small and/or Minority Business
Enterprise Program to increase minority business enterprise
utilization in the awarding of City of Kerrville contracts for
professional services, construction, and procurement; and to
better assist small business enterprises in competitively bid-
ding on City projects or procurement. This program shall also
assist business enterprises owned and controlled by women and
business enterprises owned and controlled by handicapped indi-
viduals.
II. DEFINITIONS
A. Contract - Any contract awarded by the City whereby
the City expends or commits the expenditure of its
funds in return for work, labor, services, supplies,
equipment, materials, or any combination of the fore-
going.
B. Business Enterprise - Any legal entity which is organ-
ized to engage in lawful commercial transactions and
is actively engaged in such transactions as means of
livelihood, such as a sole proprietorship, partnership,
or corporation; but not a joint venture except as here-
inafter provided.
C. Minority Business Enterprise (MBE) - A business enter-
prise that is owned and controlled by one or more
minority person(s). Minority persons include Blacks,
Mexican-Americans, and other persons of Hispanic ori-
gin, American Indians, Alaskan Natives, and Asians or
Pacific Islanders.
Minority person(s) shall collectively own, operate,
and share in payments from such an enterprise in the
manner hereinafter set forth:
1, Owned:
a. For a sole proprietorship to be deemed a minor-
ity business enterprise, it must be owned by a
minority person.
b. For an enterprise doing business as a partner-
ship, it is necessary that at least 51.0 of
its assets or interests in the partnership
property be owned by a minority person(s).
- 2 -
c. For an enterprise doing business as a corpora-
tion, it is necessary that 51.0 or more of
its assets or interests in the corporate shares
be owned by a minority person(s).
2. Controlled:
The primary power, direct or indirect, to manage a
business enterprise shall rest with minority per-
son(s).
3. Share in Payments:
Minority partners, proprietor, or stockholders of
the enterprise as the case may be, shall be en-
titled to receive 51.0 or more of the total pro-
fits, bonuses, dividends, interest payments, com-
missions, consulting fees, rents, procurement,
subcontract payments, and any other monetary dis-
tribution paid by the business enterprise.
4. Joint Venture:
For the purposes of this definition, a joint ven-
ture means an association of two or more persons,
partnerships, corporations, or any combination
thereof, founded to carry on a single business
activity which is limited in scope and direction.
The degree to which a joint venture may satisfy
the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint ven-
ture in the work to be performed by the joint ven-
ture. For example, a joint venture which is to
perform 50.0 of the contract work itself, and in
which a MBE contractor has a 50.0 interest, shall
be deemed equivalent to having MBE participation
in 25.0 of the work. MBE members of the joint
venture must have either financial, managerial, or
technical skills in the work to be performed by
the joint venture.
D. Small Business Enterprise (SBE) - A corporation, part-
nership, sole proprietorship, or other legal entity
for the purpose of making a profit, which is indepen-
dently owned and operated, has either fewer than 100
employees or less than $1,000,000 in annual gross
receipts and is designated a small business as provided
by the Small Business Administration Act of 1975 (64th
Texas Legislature), Article 5190.3.
E. Bidder - Any person, firm, partnership, corporation,
association, or joint venture as herein provided seek-
ing to be awarded a City contract by a competitive
bidding process.
- 3 -
F. Contractor - Any person, firm, partnership, corpora-
tion, association, or joint venture as herein provided
which has been awarded a City contract or agreement.
G. Subcontractor - Any named person, firm, partnership,
corporation, association, or joint venture as herein
provided identified as providing work, labor, services,
supplies, equipment, materials, or any combination of
the foregoing, under contract with a prime contractor
on a City contract.
H. Goal - A flexible target to be achieved during a 12-
month period or during the term of a particular con-
tract based on staff estimates of the availability of
qualified minority business enterprises (MBE's) in
Kerrville's SMSA and known circumstances and condi-
tions. In no case shall a goal be construed as con-
stituting a fixed quota.
T, Availability - The number of minority business enter-
prises in particular trades and professions. In
defining availability of minority business enterprises,
a common sense approach with respect to geographical
basis and customs that apply to majority firms and
logistics of timely completion of work orders should
be taken into consideration.
III. STATEMENT OF POLICY
It shall be the policy of the City of Kerrville to assist in
increasing the competitiveness and qualifications and to in-
crease the opportunities of small and minority business enter-
prises (SMBE's) for obtaining contracts awarded by the City of
Kerrville and subcontractors thereunder.
For the SMBE Program to be effective, every advantage must be
taken of the resources and opportunities in the field of small
and minority enterprise. This includes implementation of the
policies set forth by the City Council in adopting this Pro-
gram, as implemented by various responsible City departments,
outside resource agencies, contractors, and subcontractors.
Notwithstanding the fact that a prospective contractor may
have the capability to complete a total project with its own
workforce and without the use of subcontractors, and provided
the overall cost of a project will not increase as a result,
each prospective contractor will be required to demonstrate
positive and reasonable efforts to subcontract with minority
enterprises and assist small business enterprises to obtain
subcontracts. If the use of subcontractors has the effect of
increasing overall project cost, the low qualified bidder
shall fully demonstrate the reason(s) for such increases,
- 4 -
The City of Kerrville's Department of Equal Employment Oppor-
tunity will administer, monitor, and enforce or seek to enforce
the procedures for implementation of the SMBE Program, and will
perform in a manner as may be necessary to achieve the purposes
of the Program.
IV. SCOPE
The policies, procedures, and contract clause(s) established
under the SMBE Program shall be applicable to recipients of
contracts and subcontracts. These policies, procedures, and
contract clauses will be incorporated within the required
Affirmative Action Plan and shall apply to all contracts,
unless the provisions herein are in conflict with State or
Federal law, or rules and regulations promulgated thereunder.
V. IMPLEMENTATION OF POLICY
In order to facilitate the implementation of the SMBE Program,
the City of Kerrville shall make appropriate modifications to
the City's recordkeeping system to be able to more readily
access information regarding purchases, construction contracts,
professional services contracts, and SMBE purchases/contracts.
Each department of the City which has or shares responsibility
for the awarding of City contracts and/or contract administra-
tion shall have responsibilities in carrying out the SMBE Pro-
gram, and will be held responsible and accountable for exer-
cising these functions, as well as any other function(s) as
deemed necessary by management, Each department will assure
that the City Clerk's Office receives an entire copy of each
formal contract, to include all attachments and special pro-
visions. The following departments of the City of Kerrville
shall have specific SMBE Program implementation responsibili-
ties as follows:
A. Finance/Purchasing Department
1. Periodically review applicable insurance and bond-
ing requirements with a view toward determining
whether established risk/exposure limits allow
business enterprises, including SMBE's, to bid
competitively on all contracts.
2. In soliciting quotes for bids under $2,000 for
those items where SMBE's are known that supply
these goods and services, the Buyer shall contact
the maximum number of SMBE's.
3. Make available plans and specifications to SMBE's
in sufficient time for review.
- 5 -
4. Allow to the greatest extent feasible, sufficient
time so as to facilitate the participation of
SMBE~s. Where possible, attempt to reach SMBE's
by using Public Service Announcements, in addition
to advertising for specific bids.
5. Notify SMBE associations within the general bid-
ding area of the specific nature of the formal
contracts about to be bid.
Conduct surveys to determine the availability of
qualified SMBE's,
Together with the user department, and provided
the overall cost of a purchase is not increased,
develop bid packages and requests for proposal so
as to increase potential SMBE participation, e,g.,
using certain types of materials and methods, and
breaking down large contracts into smaller ones.
8. Insure that all applicable provisions of the SMBE
Program are included in bid specifications and
contracts for $2,000 or more administered by the
Purchasing Department,
9, Where pre-bid conferences are held, emphasize and
explain the SMBE Program requirements, the forms
that must be submitted with the bid regarding SMBE
participation, the documentation required outlining
efforts to obtain SMBE subcontractors and joint
venture partners, and the use and availability of
the SMBE directory.
10, Appoint an employee to serve as a liaison between
the Purchasing Department and potential bidders,
especially SMBE's. The liaisons would make known
to SMBE's upcoming purchases on which bids are
required and their specifications, assist them in
completing the bid form, and coordinate the depart-
mentFS efforts with those of other City departments
and State and Federal governments aimed at assist-
ing SMBE's. Such individuals will not only work
with SMBE's who approach the City, but will also
actively solicit bids from SMBE's.
11, Use the least complicated bid form,
B. Public Works Department
1. Periodically review applicable insurance and bond-
ing requirements with a view toward determining
whether established risk/exposure limits allow
business enterprises, including SMBE's, to bid
competitively on all contracts.
- 6 -
2. Insure that all prospective bidders, including
SMBE's, are advised in advance of the estimated
cost of construction projects to avoid overbidding.
This would provide a frame of reference in which
to bid City projects.
3. Make available plans and specifications to pros-
pective SMBE's in sufficient time for review. In
coordination with outside resource agencies (e,g.,
Chamber of Commerce, Home Builders Association,
Inspection Department, Small Business Administra-
tion), study the possibility of providing copies
of City construction plans and specifications to
outside agencies. This would enable SMBE's to
review the plans without placing a deposit on them.
4. Notify SMBE associations within the Kerrville SMSA
of the specific nature of the contracts about to
be bid.
5. Conduct surveys to determine the availability of
qualified SMBE's,
6. Provided that it will not increase the overall
cost of a project, develop bid packages and re-
quests for proposal so as to increase potential
SMBE participation, e.g., using certain types of
materials and methods and breaking down larger
contracts into smaller ones.
7. Insure that all applicable provisions of the SMBE
Program are included in bid specifications and
contracts for $2,000 or more administered by the
Department of Public Works.
8.	Study the	feasibility of designing facilities to
	take into	consideration the type of work which
	SMBE's are	capable and their bonding limits.
9.	Encourage	the formation of joint ventures among
	SMBE's and	between minority firms which provide
	opportunit	y for MBE's to gain experience.
10.	Use the le	ast complicated bid form,
11.	Appoint an	employee to serve as a liaison between
	the Public	Works Department and potential bidders,
	especially	SMBE's. The liaisons would make known
	to SMBE's	upcoming projects on which bids are re-
	quired and	their specifications, assist them in
	completing	the bid form and coordinate the depart-
	ment`s efforts with those of other City departments
- 7 -
and State and Federal governments aimed at assist-
ing SMBE's, Such individuals will not only work
with SMBE's who approach the City, but will also
actively solicit bids from SMBE's.
C
Department of Equal Employment Opportunity
1. Compile and maintain data indicating each depart-
ment's progress toward achieving goals applicable
to them in each specific contract,
2. Insure that the degree of goal attainment by minor-
ity-majority ventures and minority contractors is
recorded in direct proportion to the participation
of the minority partner.
3. Develop reports from information provided by City
departments and contracts to monitor and determine
the effectiveness of the SMBE Program,
4. Annually report the progress of the SMBE Program
to the City Council through City Manager, and also
recommend annual overall goals and Program changes
which may be necessary to improve the overall
effectiveness of the SMBE Program.
S. Seek to enforce and administer such policies,
standards, definitions criteria, and procedures to
govern the implementation, interpretation, and
application of this program in a manner as may be
necessary to achieve its purposes.
6, Consider documentation of reasonable good-faith
efforts to subcontract with qualified SMBE's in
determining the lowest responsible bidder.
7. Maintain records on specific contract awards to
MBE's, in a format and frequency (quarterly) to be
prescribed by DOT.
D. Legal Department
1. Shall have responsibility to review each standard
contract form to insure the contractor is legally
bound to applicable provisions of the SMBE Program.
Any non-standard contract shall be similarly re-
viewed.
2. Insure that all applicable provisions of the SMBE
Program are included in the standard bid specifi-
cation forms. Any non-standard bid specification
form shall be similarly reviewed.
- 8 -
3. Initiate legal action in a timely manner in order
to insure compliance with policies and procedures
set forth in the SMBE Program.
All City departments listed above, as well as any other depart-
ment(s) having contract administration responsibilities, shall
make certain that the correct goals are included in all speci-
fication packages and requests for bids or proposals. The
inclusion of the SMBE Program requirements and goals in a con-
tractor's bid package shall become a binding part of his/her
contract.
IV. SMBE PROGRAM CONTRACT REQUIREMENTS
A. Construction Contracts:
Construction contracts, bid specifications, or pro-
posals of $2,000 or more shall contain the SMBE Clause
requirements. Contracts of $200,000 or more shall
specifically contain the Minority Business Enterprise
utilization goal which the Prime Contractor must
attempt to achieve. In both cases, contractors will
address SMBE Clause requirements within the required
Affirmative Action Plan with contracts of $200,000 or
more addressing the specific Minotiry Business Enter-
prise utilization goal through the submittal of a MBE
Utilization Statement. Contractors shall include the
policies, procedures, and contract clauses required by
this Program in every subcontract so that such provi-
sions will be binding.
B. Non-Construction Contracts (Purchases):
Purchasing Contracts, Invitations for Bids, or propos-
als of $2,000 or more shall contain SMBE Clause require-
ments. The prospective vendor or supplier (Contractor)
must submit the Purchasing Certification Form 100 or
complete the SMBE Questionnaire section in the bid doc-
ument. The Purchasing Contractor also assures compli-
ance with all applicable provisions of the SMBE Clause
and the City of Kerrville Nondiscrimination Clause, as
well as with any additional requirements resulting
from local, State, or Federal initiatives, as part of
his/her bid submittal.
C. Professional Services Contracts:
Engineering and architectural contracts for which the
Contractor will be scheduled to receive $2,000 or more
in fees shall contain SMBE Clause requirements. Pro-
fessional Services Contracts of $200,000 or more shall
specifically contain the Minority Business Enterprise
utilization goal which the Prime Contractor must
attempt to achieve. In both cases, contractors will
address SMBE Clause requirements within the required
- 9 -
Affirmative Action Plan with contracts of $200,000 or
more addressing the specific Minority Business Enter-
prise utilization through the submittal of a MBE
Utilization Statement.
The Equal Employment Opportunity Department will provide administra-
tive assistance to contractors as may be necessary in the
preparation of Affirmative Action Plans.
After bid opening and receipt of notification of the apparent
low bid, that bidder, except for Purchasing Contractors (Ven-
dors), will be required to provide the information listed below
prior to the award of contract:
A. An affidavit (SMBE Form 100) verifying the MBE status
of the Prime Contractor.
B. A complete schedule for participation by MBE's as
subcontractors, i.e., list of MBE's utilized, and
assurance that those companies listed are used in the
project.
C. A completed and signed affidavit (SMBE Form 100) veri-
fying the MBE status of all subcontractors submitted
through the Prime Contractor and signed by all parties.
D. Where a bidder intends to attain its MBE goal by use
of a joint venture, it must submit an affidavit form
containing information clearly identifying and explain-
ing the extent of MBE participation. If a contractor
intends to use a minority/majority joint venture as a
subcontractor to meet its goal or part of its goal,
the affidavit must be submitted through the contractor
by the proposed joint venture subcontractor, and signed
by all parties. In addition, the minority joint ven-
ture partner must submit a completed MBE affidavit in
both contract and subcontract.
E. A completed Affirmative Action Plan, to include the
Minority Business Enterprise Utilization Statement for
contracts of $200,000 or more.
All of the foregoing information must be approved by the Equal
Employment Opportunity Department prior to award of contract.
If, for any reason, the lowest qualified bidder is unable to
award subcontracts totaling a value equal to the goal, the bid-
der shall justify a good-faith effort to utilize MBE's. If
the Egual Employment Opportunity Department determines a low
bidder's justification to be inadequate, it may find the low
bidder to be in non-compliance with the policies and provisions
oŁ the SMBE Program. In such a case, the EEO Department may
seek to bring the low bidder into voluntary compliance, or rec-
ommend to the City Manager that the contract not be awarded.
- 10 -
The Department of Equal Employment Opportunity may recommend
other sanctions against contractors who are found to be in non-
compliance with equal opportunity or SMBE Program contract pro-
visions at any time during the term of a City contract.
VII. GOALS
There shall be established a committee for the purpose of iden-
tifying MBE goals for City of Kerrville construction contracts
and formal purchase contracts. The SMBE Committee will, as a
minimum, consist of the Director of Equal Employment Opportun-
ity and the director of the department responsible for the
administration of the specific type of contract to be let by
the City. For instance, in determining the goals for a pur-
chasing contract, the SMBE Committee would be composed of the
following department directors: Equal Employment Opportunity
and Purchasing/Finance Services. In determining goals for a
construction contract, the committee will be composed of the
following department directors: Equal Employment Opportunity,
Engineering and Development, and Public Works. There will
also be established an Architect/Engineer Selection Review Com-
mittee whose responsibility is to establish MBE goals in con-
nection with professional services contracts, and to monitor
goal achievement on this type of contract. This committee,
which will continue to operate in accordance with established
procedures, consists of the City Manager, the Director of
Public Works, the City Engineer, the Director of Equal Employ-
ment Opportunity, and the director of the department of prime
concern.
The SMBE Committee shall meet annually and will develop overall
MBE goal recommendations for the coming fiscal year by the type
of contract (construction and purchase). During the process of
developing MBE goals, the committee will review and consider
information on the availability of MBE's in the Kerrville SMSA,
and any other information which is pertinent to the setting of
goals. In effect, the final recommended goals shall reflect
known circumstances and conditions in an attempt to match pro-
posed project work with available qualified MBE's. The Director
of Equal Employment Opportunity will submit the committee's MBE
utilization goals to the City Manager for presentation to the
City Council.
Based on the City Manager's recommendation, the Kerrville City
Council will annually establish official MBE goals which will
reflect the commitment directed at increasing the participation
of local MBE's and which will serve as a valuable standard for
determining the effectiveness of this Program. The goals will
be expressed as a percentage of the total estimated dollar
amount of all contracts and subcontracts to be awarded during
the coming fiscal year, reflecting the City's estimate of over-
all MBE participation attainable given the available MBE re-
sources. The goals will be expressed as a flexible range
- 11 -
(e.g., 18 to 25 percent) rather than a fixed percentage, and
goals are not to be construed as quotas. In subsequent years,
the goals will take into consideration the available MBE re-
sources, and also the performance of the City in its efforts
to achieve previous years' goals under this Program.
Projects should not be advertised for bid, nor contracts be
let, until after the sMBE Committee has met and developed rec-
ommended goals, and the City Council has established official
MBE utilization goals. All bid specifications and construction
contracts in exesss of $200,000 will specifically contain the
appropriate MBE goals and in no case shall a contract be exe-
cuted until the low qualified bidder has fulfilled his/her
Affirmative Action Plan requirements and has demonstrated a
good-faith effort toward achievement of MBE goals. Low quali-
fied bidders will not be required to subcontract with unquali-
fied MBE's or to compromise valid standards in order to meet
established goals. If goals are not met, no sanctions will be
recommended or imposed provided the low qualified bidder can
fully demonstrate that he/she made reasonable efforts to reach
them.
.SMALL AND/OR MINORITY BUSINESS
ENTERPRISE PROGRAM
FOR
THE CITY OF KERRVILLE
AND
KERB COUNTY,
TEXAS
JANUARY, 1983
S f4 B E
DOCUMENT fJUf46ER 2
COfJTRACT ADMIfdISTRATION
Win, l
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CITY OF KERRVILLE
AND
COUNTY OF KERR
SMALL AND/OR MINORITY
BUSINESS ENTERPRISE PROGRAM
I. INTRODUCTION.
It is the policy of the CITY OF KERRVILLE and KERR COUNTY
that small and/or Minority Business Enterprises (SMBE's)
shall have the maximum practicable opportunity to partici-
pate in the awarding of City/County contracts. The goal is
to increase the participation of SMBE's in the awarding of
contracts for supplies and services in the Finance/PUrchas-
ing Department, for professional services (Architectural/
Engineering) and construction in the Public Works Department.
The program also assists business enterprises owned and
controlled by women and business enterprises owned and con-
trolled by handicapped individuals.
This booklet is intended to assist SMBE's in better under-
standing the contracting procedures of the CITY OF KERRVILLE
and KERR COUNTY and is distributed to serve only as a general
guide. Should you have questions, please do not hesitate to
contact the specific department of the City that has primary
responsibility for the supplies or services solicited.
The Finance Department, as SMBE Program Administrator, soli-
cits your comments or concerns in order to develop and main-
tain a viable SMBE Program. It is one of the goals of the
Finance Department to identify and maintain a list of SMBE's,
to include handicapped and women owned business enterprises,
in order to provide for maximum SMBE utilization opportunity
by the City and its contractors.
We request your cooperation in completing the SMBE Survey Form
(Attachment number 1 on the following page) for construction
and professional services (Architectural/Engineering) and the
Purchasing Bid List Application (Attachment number 2 at the
end of Section V) if you have not identified your company as a
SMBE to the City.
Minority construction and professional services contractors
who provide services which may also be used by the City
Purchasing Department on a vendor basis are also encouraged to
list themselves on the City bid list (by filling out and sub-
mitting the bid list application, Attachment number 2 at the
end of Section V). Examples of these types of contractors are
those involved in electrical, painting, roofing and fencing.
II. PROGRAM DEFINITIONS.
Please refer to the back of Attachment number 1, SMBE Survey
Form, or Attachment number 2, Bid List Application, for specific
program definitions.
ATTACHMENT 1
SMBE SURVEY FORM
It is the policy of the City of Kerrville that Small and/or Minority
Business Enterprises shall have the maximum practicable opportunity to
participate in the performance of public contracts.
The City solicits your cooperation in completing this survey form for
establishing and maintaining an availability list of minority business
enterprises and small business enterprises. This form should be returned
to the City of Kerrville, Department of Equal Employment Opportunity,
600 Main Street, Kerrville, Texas 78028.
GENERAL INSTRUCTIONS
ALL OF THE FOLLOWING QUESTIONS, EXCEPT NUMBERS 1 AND 2, MAY BE
ANSWERED BY SIMPLY PLACING AN "X" IN THE APPROPRIATE BLANK,
NUMBER 2 REQUIRES A WRITTEN RESPONSE. PLEASE DO NOT IGNORE
THIS QUESTION. COMMENTS MAY BE WRITTEN WHEREVER YOU WISH TO
DO S0.
1. FIRM NAME AND ADDRESS:
PHONE NUMBER:
2. PRIMARY TYPE OF WORK DONE BY YOUR FIRM:
3. TYPE OF FIRM: (Check one)
a. sole proprietorship b, _ partnership c, ____ corporation
4. ACCORDING TO THE DEFINITIONS ON BACK, IS YOUR FIRP1 A FEMALE OWNED
BUSINESS ENTERPRISE? (51% or more - check one) Yes No
5. ACCORDING TO THE DEFINITIONS ON BACK, IS YOUR FIRt4 A SMALL BUSINESS
ENTERPRISE: (check one) Yes No
6. ACCORDING TO THE DEFINITIONS ON BACK, WHAT IS THE ETHNIC OR RACIAL
OWNERSHIP OF YOUR FIRM? (51% or more) (check one)
a. Non-Minority e. Asian or Pacific Islander
b. Hispanic f. Two or more different
c. Black minority groups
d. _ American Indian/ g. Unknown
Alaskan Native
7. ACCORDING TO THE DEFINITIONS ON BACK, IS YOUR FIRM A HANDICAPPED 041NED
BUSINESS ENTERPRISE? (51% or more) (check one) Yes No
8. MAY WE PUBLISH THE INFORMATION PROVIDED ON THIS FORM IN A BUSINESS
DIRECTORY? (check one) Yes No
9. COMMENTS:
SMALL BUSINESS ENTERPRISE: Means a corporation, partnership, sole proprie- '
torship, or other legs entity for the purpose of making a profit, which is
independently owned and operated, has either fewer than 100 employees or ]ess
than $1,000,000 in annual gross receipts an is designated a small business
as provided by the Small Business Assistance Act of 1975 (64th Texas Legis-
lature), Article 5190.3.
FEMALE-OWNED BUSINESS ENTERPRISE: Means a sole proprietorship that is owned
an controlled by a woman; a partnership at least 51.0% of whose assets or
partnership interests are owned by one or more women; or a corporation at
least 51.0% of whose assets or interests in the corporate shares are owned
by one or more women.
HANDICAPPED-OWNED BUSINESS ENTERPRISE: Means a sole proprietorship that is
owned and controlled by a handicappe individual; a partnership at least 51.0%
of whose assets or partnership interests are owned by one or more handicapped
individuals; or a corporation at least 51.0% of whose assets or interest in
the corporate shares are owned by one or more handicapped individuals. A
handicapped individual is a person with a physical or mental condition which
substantially limits one or more major life activities.
MINORITY BUSINESS ENTERPRISE: Means a business enterprise that is owned and
contro e y one or more minority person(s). Minority persons include Blacks,
Mexican-Americans and other persons of Hispanic origin, American Indians,
Alaskan Natives, and Asians or Pacific Islanders. Minority person(s) shall
collectively own, operate, and share in payments from such an enterprise in
the manner hereinafter set forth:
1. Owned
a. For a sole proprietorship to be deemed a minority business
enterprise, it must be owned by a minority person.
b. For an enterprise doing business as a partnership, it is
necessary that at least 51,0% of its assets or interests
in the partnership property be owned by one or more mi-
nority person(s).
c, For an enterprise doing business as a corporation, it is
necessary that a least 51.0% of its assets or interests
in the corporate shares be owned by one or more minority
person(s).
2. Controlled
That the primary power, direct or indirect, to manage a business
enterprise shall rest with minority person(s).
3. Share in Payments
Minority partners, proprietor or stockho]ders, of the enteprise,
as the case may be, shall be entitled to receive 51.0% or more
of the total profits, bonuses, dividends, interest payments, com-
missions, and any other monetary distribution paid by the husi-
ness enterprise.

Page 2
SMBE Program continued...
III. PROGRAM RESPONSIBILITY.
The CITY OF KERRVILLE Director of Equal Employment Opportunity
(EEO), Mr. Dan Glenn, who is also the Director of Finance, is
responsible for implementing and monitoring the City's Equal
Employment Opportunity Programs. Mr. Glenn is responsible for
the overall Administrative supervision of the SMBE Program.
The SMBE Program administrator, Mr. A. C. Ernst, EEO Department,
is responsible for program coordination and monitoring; and
will insure the cooperation of City operational staff as nec-
essary for effective implementation of the Program. Mr. Glenn
and members of his staff may be reached at: CITY OF KERRVILLE,
Department of Equal Employment Opportunity, 600 Main Street,
Kerrville, Texas, 78028, (512-257-8000).
IV. GENERAL INFORMATION ON BIDDING - APPLICABLE TO ALL CONTRACTS.
Formal sealed bids are opened at the time and date set in the
bid forms and specifications. The bids are opened in the City
Clerk's Office unless otherwise stipulated. All bid openings
are open to the public. All contracts for construction of
capital improvements, professional services or purchases are
awarded on the basis of an established competitive bidding
process.
Minority bidders are encouraged to contact the appropriate City
Department(s) for specific assistance and information on bids
and bidding procedures. (See attached Directory).
V. FINANCE/PURCHASING DEPARTMENT.
The Finance/Purchasing Department provides centralized control
and coordination over the acquisition and disposal of supplies,
services and equipment used by all City Departments.
A. Purchasing Procedure.
Charter of the CITY OF KERRVILLE
As Amended, February 13, 1976;
Article XI, Purchasing Procedure, Section 9;
Paragraph 1.
'before the City makes any purchase or contract for supplies,
materials, equipment, or contractural services, opportunity
shall be given for competition under such rules and regulations
and with such exceptions as the Council may prescribe by
Ordinance. A11 expenditures for supplies, materials, equip-
ment, or contractural services involving more than $2,000.00
shall be made on a written contract, and such contract shall
be awarded to the lowest bidder, who the Council at its
discretion may deem best, after such public notice and com-
petition as may be presecribed by ordinance. The Council
may reject any or all bids as the best interests of the City
may require."
Paragraph 2.
When such contract is for less than $2,000.00 and is let to the
lowest qualified bidder and the item(s) is one provided for
in the budget, the Council by Ordinance may authorize designated
Page 3
SM$E Program continued...
City officials to approve and execute the contract without
Council approval after such public notice and competition
as may be provided in the Ordinance.
Paragraph 3.
The foregoing requirements for competitive bidding shall
not apply in any of the cases excepted from such require-
ments in Section 2 of Article 236a (Vernon's Annotated
Texas Civil Statutes) as amended.
B. Bidders Lis
The Purchasing Department maintains a listing of vendors
classified according to materials, supplies and services.
Your firm may be placed on these lists upon application
by letter or in person. The bidders list application,
included as Attachment 2 at the end of this section, may
be submitted to:
Purchasing Agent
CITY OF KERRVILLE
600 Main Street
Kerrville, Texas 78028
C. Bid Tabulations.
The Purchasing Department will, on request, mail a copy
of the tabulations of a Formal sealed bid after award is
made. Anyone is at liberty to inspect bids after opening
by calling on the City Clerk, CITY OF KERRVILLE, 600 Main
Street, Kerrville, Texas, 78028, (512-257-8000, ext. 24).
D. Presentations and Demonstrations.
It will be appreciated if you will make the Purchasing
Department the first point of contact when wishing to
present or demonstrate your products. Waste of your time
and of other City officials will thereby be avoided. The
Purchasing Agent will set up appointments with division
or department heads to take part or witness any presenta-
tion or demonstration of your product.
E. Samples.
When samples are requested, they are held until after
award is made unless otherwise specified. When a vendor
wants to submit a sample of his product for trial use
it must be presented at no cost to the City. All samples
shall be clearly marked.
F. Tests and Inspections.
Arrangements are made with testing laboratories for testing
that may be necessary on commodities purchased by the City
in order to insure that all merchandise is the quality or
grade represented.
Page 4
SMBE Program continued...
Samples of merchandise are taken by the division from re-
ceiving clerks for the purpose of making tests and inspec-
tions. Merchandise found to be defective or other than as
represented is rejected and returned to the supplier. The
City will not be responsible for damages to samples submitted
for testing.
In some cases in which the City is seeking bids or services
an "inspection party" will inspect prospective bidders'
shops, equipment, personnel, etc. This is done to insure
the City of receiving qualified bids.
G. Invoice Payments.
Prompt payment of Purchase Orders is obtained after the
following procedure is completed:
Delivery of merchandise to City Department
requesting purchase.
2, Acknowledgment of merchandise by City
Department requesting purchase to the Fin-
ance/Accounting Office.
Receipt of invoices from Vendor in duplicate
transmitted to the Finance Division, Attention:
Accounting Office, City Hall, 600 Main Street
Kerrville, Texas, 78028. In preparing invoices,
please show complete description, quantity,
unit price and extension. Make certain that
the City purchase order number appears clear-
ly on each invoice. No vendor's invoice will
be paid that is not supported by a proper
purchase order number. The CITY OF KERRVILLE
honors all payment discounts and terms that it
can reasonably meet.
H. Taxes.
The CITY OF KERRVILLE is exempt from all Federal
Excise Tax and the State of Texas Limited Sales Excise
and Use Tax. Exemption certificates will be signed
and executed by the Purchasing Office upon request
when supported by an authorized purchase order number.
Bids will not be considered from any vendor owing any
delinquent taxes to the City.
I. Informal Bid Information.
1. Definition - Purchases less than $2,000.00 but more
than $25.00 shall be made only after bids have
been received. The purchase contract will be
awarded to the lowest responsible bidder con-
forming with specifications.
2. Bid Submission - Informal sealed bids may be
submitted by mail or in person to the Purchas-
ing Department (620 Hays Street, Kerrville,
Texas, 78028) prior to the opening date. Average
bid period is 5 - 10 days. Telephone Bids will
Page S
SMBE Program continued....
be submitted to buyer making request. Bidder must
always properly identify himself/herself, giving
unit price delivered.
Bid Opening ~ Informal Sealed Bids are opened at
10:00 a.m. Monday through Friday, except holidays,
in the Purchasing Department. Bid openings are
public, and you or any representative of your firm
are welcome to attend, whether you are bidding or
not.
J. Formal Bid Information
1. Definition - Purchases more than $2,000.00. Cor-
rect and complete detailed specifications and
forms for formal sealed bids will be mailed to all
vendors on file for the particular materials, sup-
plies, or services. Public Notice will be given
for a period of at least two (2) weeks. After
opening, the bid tabulations and the recommenda-
tions of City Staff and the City Manager will be
forwarded to the City Council. The Council will
award the purchase contract to the lowest respon-
sible bidder conforming with the specifications
and requirements.
2. Bid Submission - Formal sealed bids may be sub-
mitted by mail or in person to the City Clerk's
Office prior to opening date and time. Average
bid period is fifteen (15) days.
3. Bid Opening - Formal sealed bids are opened as
advertised in the City Clerk's Office (1st Floor,
City Ha11, Kerrville, Texas). Bid openings are
public, and you or any representative of your firm
are welcome to attend, whether you are bidding or
not.
K. Contractual Purchase (Annual Contracts) Information
Definition - Such materials, supplies, or services
which are constantly needed for City operations
will be set up by the Finance Director on a formal
bid, and the Council will award a term contract to
the lowest responsible bidder.
Bid Submission - Bid submittal procedure is the
same as outlined under Formal Bid Information.
3. Bid Opening - Bid opening procedure is the same as
outlined under Formal Bid Information.
Page 6
SMBE Program continued...
L. One Source Purchases
Materials, supplies, or services that are sold, distri-
buted, or manufactured by a single source are of a non-
competitive nature. Such items will be bought by the
Purchasing Agent or his representative without competi-
tive bids.
The Purchase Department will assist bidders in the preparation
of bids or refer inquiries to the officer of primary concern.
For further information or assistance, please contact:
Purchasing Agent
City of Kerrville
620 Hays Street
Kerrville, Texas 78028
(512) 896-2688
VI. ENGINEERING AND DEVELOPMENT DIVISION
The Engineering and Development Division is responsible
for the implementation of the City's capital improvements
projects and provides centralized control and coordination
over engineering and architectural design projects.
A. Professional Services Contracts (Architectural and
Engineering)
1. The Engineering and Development Division maintains
a register of architects and engineers. Your firm
may be placed on this register by submitting the
Architect and Engineering form (Attachment 3 at
the end of this section) or by calling:
Department of Engineering and Development
Attention: Frank Hicklen
600 Main Street
Kerrville, Texas 78028
(512) 257-8000 Ext. 31
2, Interest Statements are sent to all firms on cur-
rent architectural and engineering registers
(whichever applicable) whenever projects are auth-
orized for design work. If a firm desires to be
considered for that particular project, the Inter-
est Statement form is returned as prescribed. All
replies are reviewed by the architectural and
engineering selection review committee. This com-
mittee deliberates and recommends a firm for the
project.
3. The contract is presented to the City Council for
approval and acceptance.
ATTACHMENT 2
BID LIST APPLICATION
CITY OF KERRVILLE
ATTN: FINANCE/PURCHASING DEPARTMENT
600 MAIN STREET
KERRVILLE, TEXAS 78028
I
2
Company Name:
Address:
City, State, Zip Code:
Commodities or Services Sold:
3. Type of Firm: (check one)
Sole Proprietorship Partnership Corporation
According to the definitions on the back, please check the blanks which
apply to your firm under Items 4, 5, 6, and 7:
4. Female-owned business enterprise:
Yes No
5. Small or large business enterprise:
Small Large
6. Ethnic or racial ownership:
Nonminority Asian or Pacific Islander
Hispanic Two or more different minority
groups (check appropriate groups)
Black
Other Minority
American Indian/ (specify)
Alaskan Native
7. Handicapped-owned business enterprise:
Yes No
8. If other firms or contractors doing business with the City need sup-
pliers, may we give them your firm's name?
Yes No
Signed by:
Name Title
Telephone Number: Date:
SMALL BUSINESS ENTERPRISE: Means a corporation, partnership, sole proprie-
torship, or other legal entity for the purpose of making a profit, which is
independently owned and operated, has either fewer than 100 employees or less
than $1,000,000 in annual gross receipts and is designated a small business
as provided by the Small Business Assistance Act of 1975 (64th Texas Legis-
lature), Article 5190.3.
FEMALE-OWNED BUSINESS ENTERPRISE: Means a sole proprietorship that is owned
and controlled by a woman; a partnership at least 51.0% of whose assets or
partnership interests are owned by one or more women; or a corporation at
least 51.0% of whose assets or interests in the corporate shares are owned
by one or more women.
HANDICAPPED-OWNED BUSINESS ENTERPRISE: Means a sole proprietorship that is
owned and controlled by a handicapped individual; a partnership at least 51.0%
of whose assets or partnership interests are owned by one or more handicapped
individuals; or a corporation at least 51.0% of whose assets or interest in
the corporate shares are owned by one or more handicapped individuals. A
handicapped individual is a person with a physical or mental condition which
substantially limits one or more major life activities.
MINORITY BUSINESS ENTERPRISE: Means a business enterprise that 'is owned and
contro e y one or more minority person(s). Minority persons include Blacks,
Mexican-Americans and other persons of Hispanic origin, American Indians,
Alaskan Natives, and Asians or Pacific Islanders. Minority person(s) shall
collectively own, operate, and share in payments from such an enterprise in
the manner hereinafter set forth:
1. Owned
a. For a sole proprietorship to be deemed a minority business
enterprise, it must be owned by a minority person.
b. For an enterprise doing business as a partnership, it is
necessary that at least 51.0% of its assets or interests
in the partnership property be owned by one or more mi-
nority person(s).
c. For an enterprise doing business as a corporation, it is
necessary that a least 51.0% of its assets or interests
in the corporate shares be owned by one or more minority
person(s).
2. Controlled
That the primary power, direct or indirect, to manage a business
enterprise shall rest with minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the enteprise,
as the case may be, shall be entitled to receive 51.0% or more
of the total profits, bonuses, dividends, interest payments, com-
missions, and any other monetary distribution paid by the husi-
ness enterprise.
1
Page "7
SMBE Program continued...
B. Construction Contracts
1. All City construction contracts are publicly adver-
tised for bids in the Kerrville Daily Times or the
Kerrville Mountain Sun. Additionally, plans and
specifications are generally placed at the follow-
ing:
a. Kerrville Area Chamber of Commerce
1200 Sidney Baker
Kerrville, Texas 78028
(512) 896-1155
b. Kerr Country Home Building Assn., Inc.
333 Earl Garrett
Kerrville, Texas 78028
(512) 896-5226
c. City Inspection Department
325 Clay Street
Kerrville, Texas 78028
(512) 896-1338
d. Dodge Reports
401 Isom Road
San Antonio, Texas 78216
(512) 344-0158
2. Pre-bid conferences are held on construction pro-
jects. This conference is to assist bidders in
clearly understanding the project and submitting
the most competitive price. Notice of this confer-
ence is included in the advertisement for bid and
bid solicitation package when appropriate.
3. Sealed bids are submitted by all bidders to the
City Clerk's Office on the date and time specified
in the bid solicitation package.
4. Bids are publicly opened and read out loud at City
Hall on the date and at time specified in the bid
solicitation package by the Division Head noted in
the bid specifications.
5. The low, qualified, responsive bidder is awarded
the contract in accordance with Statutes and City
of Kerrville Ordinance requirements.
For assistance in the preparation of bids or for further infor-
mation, please contact the SMBE Liaison Officer or members of
his staff:
Page 8
SMBE Program continued...
Mr. Calvin L. Neely
Director of Public Works
SMBE Liaison Officer
600 Main Street
Kerrville, Texas 78028
(512) 257-8000 Ext. 34
Mr, Frank Hicklen
Director oŁ Engineering &
Development
(512) 257-8000 Ext. 31
Mr. Dan Glenn
Director of Finance
(512) 257-8000 Ext. 45
Mr. Dennis Kneese
Director of Parks & Recreation
(512) 257-7300
Mr. Joseph Mennella
Asst, Director of Public Works
(512) 257-8000 Ext. 51
Mrs. Sheila Brand
City Clerk
(512) 257-8000 Ext. 24
ATTACHMENT 3
Please fill out and return tu:
City of Kerrville
Attn: Finance Director
600 Main Street
Kerrville, Texas 78028
(512) 257-8000
RE: Interest Statements for Design Services
Gentlemen:
The City of Kerrville is updating its Master List of Engineers and
Architects that have previously expressed a desire to be considered for
providing professional design services. The Master List is utilized for
requesting Interest Statements on projects which the City of Kerrville
requires engineering or architectural services.
In order to update the Master List, your cooperation is requested by
furnishing the following information:
1. Does your firm or group wish to remain on the Master List?
Yes
No
2. On which Master List does your firm or group want to be listed?
Engineers Architects Both
3. Is your name, address, and zip code listed correctly? (If not,
please correct.)
Yes
No
4. Indicate the disciplines which your firm or group provides consul-
tant services in the order of priority (1 being highest priority,
2 being a lesser priority, and so on).
Architecture
Civil
Electrical
Engineering Sciences
Environmental
Geological
Mechanical
_ Landscape Architecture
Parking Garages
Sanitary (Environmental Health)
Structural
Transportation
_ Management
Sewage Plant Operations
ORDEP. N0, 15036
ORDER APPROVING 5?1ALL AND/OR
MINORITY BUSINESS ENTERPRISE
PROGRAP4 DOCUP4ENTS RELATIVE TO
AIRPORT CONTRACT A4?AP.DS
5-9-1983
Vol. P, Page 314