ORDER NO. 19428 APPROVAL OF THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM On this the 22nd day of March 1990, upon motion made by Commissioner Ray, seconded by Commissioner Morgan, the Court unanimously approved the Disadvantaged Business Enterprise Program as recommended by the Joint City/County Airport Advisory Board and with concurrence by the City of Kerrville City Council. 800 JUNCTION HIGHWAY • KERRVILLE, TEXAS 78028-5069 • 572/257-8000 BUSINESS OF THE CITY COUNCIL CITY OF KERRVILLE, TEXAS R3-11-87 SUBJECT: Disadvantage/Minority Business Enterprise Plan FOR AGENDA` OF: Piarch 13, 1990 DATE SUBMITTED: March 6, 1990 SUBMITTED ]3~~~~nnella CLEARANCES: City Attorney, Joint Airport Advisory Board EXHIBITS: bIBE/DBE Document, Copy of Council Minutes Vol. 27, pg. 219, April 12, 1983. --AGENDA MAILED T0: Kerr County Commissioners Court APPROVED FOR SUBMITTAL BY CITY MANAGER: Expenditure Current Balance Amount Account Required: in Account: Budgeted: Number: $0 $0 $0 UN/A PAYMENT TO BE MADE T0: APPROVED FOR SUBMITTAL BY THE FINANCE DIRECTOR: SUMMARY STATEMENT An approved Minority Business Enterprise Program now (DBE) Disadvantaged Business Enterprise Plan, is a prerequisite for solicitation of support from the U.S. Department of Transportation (DOT). The City of Kerrville/Kerr County MBE Program was approved by the City Council on April 12, 1983, and by the County of Kerr (as joint sponsors of Louis Schreiner Field) on May 9, 1983. This new document is an all inclusive replacement document for that submitted in 1983 and is based on the program sample guide as published by the office of the Civil Rights Manager of the DOT, Federal Aviation Administration. The intent of the DBE document is to assure that disadvantaged business enterprises have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. RECOMMENDED ACTION Approve the Disadvantaged Business Enterprise Plan as recommended by the Joint City-County Airport Advisory Board with concurrence by :the Kerr County Commissioners Court. „~ _ ~C i;= .. .... .. : . .. .. .- _. . ,_ .. .; .. ,.._ _ - > ' yr~i . 2 ~ tj ~ ~ _ 219 . : , ., r. hiLVORITY BUSINESS ENTERPRISE PROGRAt9 •Y " ` Councilman Furman moved to approve the Small and/or Minority Business !~ .y. Enterprise Program for the City of Kerrville in conjunction with Airport ~~~• projects and according to copies of Document No. 1 (Policy} and Document i l f` 2 (Contract Administration). It was observed that it would be neces- No : ye . sary for Kerr County to make parallel approval of these documents as far :; as they relate to common City/County Airport contracts. Motion was ~,. ~ seconded by Councilman Stacy, and the motion passed unanimously by five ~: votes. atiD~~ uo ~~036 ~~~ ~m.~y 1y8~ ~~~,~ r- ~ AERIAL P OTOGRP.PHY MAPPING--CHANG'c ORDER N0. 1 70 CONTRACT N0. XC33-03 Frank Hicklen noted the flight pattern flown by Williams-Stackhouse, 5 ~~ Inc., and further noted they had additional maps of the EiJ for sale at a r 1o~•rer price. j' Councilman Stacy moved to authorize Change Order No. 1 to Williams- ~= ~ Stackhouse, Inc., up to $3,500 fur additional maps. Motion was seconded P ~ by Councilman Brough, and the motion passed unanimously by five votes. ~ ~ ~a ADIt1E;(ATION SER~lICE PLA.PIS Ai`IO PUBLIC HEARINGS ON APRIL 25-29, 1983, FOR : •~'.- FOUR AREAS - ~" :,, The Council revie~~red the service plans or' the four areas to be ' Y 1 annexed. The four areas are as follo~as: (1) Area No. 1 consists of 130 acres in the Legion area; (2) Area No. 2 consists of 83 acres north of Legion Area; (3) Area No. 3 consists of 77* acres east of Area No. 2; and (4) Area No. 4 consists of 23 acres in the Bain Tract south of Guadalupe ~ o River on Bandera Highway. :;~ *Consensus of Council was to add 39 acres to Area No. 3 to inc]ude ~: development that a7 ready receives City water. ;~,3 ~ There was discussion on delaying animal control and code enforcement ~' ~ for six (6) months rather than implementing them following annexation in Areas 1, 2, and 3. •There was discussion on the services to be provided to developed areas follo~•ring annexation and the services to be provided to .~ undeveloped areas, upon or following development. Councilman Stacy moved to approve the service plan with the addition of a six-month grace period in Area Nos. 1, 2, and 3. Motion was seconded ~s by Councilman McAshan, and the motion passed unanimously by five votes. ;~ THE r_i1v of KERRVILLE, TEXAS ~~ ~~~ ~ ~-~ ~~ ~~ ~ FROM THE OFFICE OF JOE MENNELA ~~~ ~~ ~ ~ ~ ~ ~ ~~~ 800 JUNCTION HIGHWAY KERRVILLE, TEXAS 78028-5069 512/257-8000 CITY OF KERRVILLE/COUNTY OF KERB DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The Disadvantaged Business Enterprise (DBE) program to follow is submitted to the United States Department of Transportation (DOT) by the City of Kerrville/County of Kerr (hereinafter referred to as the Sponsor) in satisfaction of requirements set forth in the DOT DBE regulations (49 CFR Part 23). 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 disadvantaged business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated in 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 failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 23 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." The Sponsor further agrees to adopt the following program elements and reporting procedures: DBE PROGRAM ELEMENTS - 49 CFR 23 sets forth certain required DBE program elements in 523.43 and 523.45 (e) - (i), to be applicable to activities carried out by the Sponsor. The Sponsor agrees to include the following clauses in each procurement initiated directly by the Sponsor and to adopt the following program elements: A. Required DBE Contract Clauses: 1. Policy: It is the policy of the Department of Transportation that disadvantaged business enterprises defined in 49 CFR part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the DBE requirements of 49 CFR part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the DBE requirements of 49 CFR part 23 apply to this agreement. 2. DBE Obligations: The recipient or its contractor agrees to ensure that disadvantaged 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 necessary and reasonable steps in accordance with 49 CFR part 23 to ensure that disadvantaged 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, age, national origin or sex in the award and performance of DOT-assisted contracts. B. DBE Directory: The Sponsor will develop a loose-leaf directory of disadvantaged businesses to identify DBEs with capabilities relevant to construction of airport improvements. The information contained in the DBE source list or directory shall be made available to (subrecipients), contractors, bidders and proposers to facilitate their efforts to meet the specific DBE program requirements where opportunities for private sector contracting or purchasing exist. C. Procedures to Ascertain the Eligibility of DBEs and Joint Ventures Involving DBEs: 1. The Sponsor will ensure that any benefits resulting from the goal-oriented DBE program accrue only to firms owned, controlled and/or operated by disadvantaged individuals as defined within the meaning and intent of 49 CFR part 23. 2. The Sponsor agrees to certify DBEs in accordance with the requirements of 49 CFR part 23, Schedule(s) A & B upon receipt of notification that the Office of Management and Budget (OMB) has approved the format under the provisions of OMB Circular A-40. The Sponsor may accept certifications previously accepted by other DOT operating elements. 3. The Sponsor will ensure that the certification systems are at least as effective as procedures prescribed in 49 CFR part 23. 4. The Sponsor will, when possible, replace a DBE subcontractor that is unable to perform successfully with another DBE. The Sponsor (and its subrecipients) will approve all substitutions of DBE subcontractors before bid opening and during contract performance, to ensure the substitution of bona fide DBEs. D. Percentage Goal for the Dollar Value of Work to be Awarded to DBEs: 1. Each fiscal year, the Sponsor will review its various programs so as to identify those proposed contracts having potential for DBE participation and set an overall goal for DBE participation within the generalized activities to be carried out and goods to be purchased. The Sponsor's overall goal for DBE participation for FY 1990 is 109. This percentage is based upon the total dollar value of contracts with, and goods purchased from, the private sector. 2. Contract goals will be negotiated where DBE subcontracting opportunities have been identified. The goal will be expressed as a percent of the total dollar amount of the contract. The Sponsor will meet or exceed the goal or be prepared to demonstrate that reasonable efforts were expended so as to accomplish the DBE obligation. 3. The overall (and/or subsequent contract goals) will be based on a review of the availability of DBEs located within at least the usual local market area for contractors and vendors. The overall goal will reflect the results that reasonably could be expected as a consequence of good-faith efforts to implement the DBE program. 4. The OMB Circular A-95 Clearinghouse Review shall suffice as the goal-related 45-day comment period required by 523.45(g). E. Procedures to Require That Participating DBEs are Identified by Name by Competitors for Contracts: The Sponsor will require prime contractors to submit the names of any DBE subcontractor(s), their respective scope of work, and the dollar value of the proposed DBE subcontract(s) within a reasonable time within the circumstances of each solicitation after bid opening(s) and prior to actual contract award. F. Selection Criteria to Ensure That Prime Contracts are Awarded to Competitors That Meet DBE Goals: 1. The Sponsor contracting activities incorporate procedures whereby bids will be reviewed to determine whether the lowest bidder meeting the DBE contract goal is within the zone of competition as to price for the contract. 2. If the Sponsor determines that this competitor has offered a reasonable price, the firm shall be awarded the contract. If the bidder's price is not reasonable, other competitors shall be considered in order of their percentage of DBE participation until one with a reasonable price is selected. In the event no bidder with DBE participation has offered a reasonable price, then the Sponsor may elect to award the contract to any bidder or offeror that demonstrates a reasonable effort to meet the DBE contract goal. 3. The Sponsor will consider steps, including but not limited to the following, as to determining whether reasonable efforts were made to meet DBE contract goals: a. Attendance at a pre-bid meeting, if any, scheduled by the recipient to inform DBEs of subcontracting opportunities under solicitation; b. Advertisement is 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; c. Written notification to DBEs that their interest in the contract is solicited; d. Efforts made to select portions of the work proposed to be performed by DBEs in order to increase the likelihood of achieving the stated goal; e. Efforts to negotiate with DBEs for specific bids for subcontracts including at a minimum: i. The names, addresses and telephone numbers of DBEs that were contacted; ii. A description of the information provided to DBEs regarding the plans and specifications for portions of the work to be performed; and iii. A statement of why additional agreements with DBEs were not reached. f. Concerning each DBE the competitor contacted but rejected as unqualified, the reasons for the competitor's conclusion; and g. Effort made to assist the DBEs contacted that needed assistance in obtaining bonding or insurance required by the contractor or recipient. 4. Bidders, proposers, offerors that fail to meet (DBE contract goals and/or) the "reasonable efforts" criteria, will not be certified as eligible to be awarded the Federally assisted contract. 5. The Sponsor shall ensure all obligations under DBE contracts are met, by reviewing the contractor's DBE involvement efforts during the life of the contract. (Any interruption of scheduled progress payments to DBEs shall be brought to the attention of the Sponsor). REPORTING PROCEDURES A. The Sponsor will maintain records on specific contract awards to DBEs, in format and frequency to be prescribed by DOT. B. The minimum DBE date elements to be maintained are as follows: 1. The number of contracts awarded to DBEs; 2. A description of contracts awarded to DBEs; 3. The dollar value of DBE contract awards; 4. The percentage of the dollar value of all contracts awarded to the private sector that were awarded to DBEs; and 5. An appraisal of the extent to which DBE awards met or exceeded the DBE goals. THIS program is established in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the City of Kerrville/County of Kerr, Texas, by the United States Department of Transportation and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants. DATED: /~%u,,~~ /.~ ~yy~ -~~, Leonard L. Holloway, May r City of Kerrville DATED: /~Ia+.,61 ~1i/f 4y Danny E wards, Judge County of Kerr COMMISSIONERS cOURTAGr=Nna Rt=Q IF,~T • P A F RNI~H ON ORI MINA ANDS VFp~ OPI OF THI R 0 T AND D `- hi NT 10 DE REVIEWED DY 111- 0 RT MADE BY: Danny Edwards OFF ICE: Count .t„A~e MEETING DATE: March 22, 1990 TIME PREFERRED: SUBJECT:(PLEASE BE SPECIFIC): Approval of the Disadvantaged/Minority Business Enterprise Plan,_as recommended by the Joint City/Count Airport Advisory Board ESTIMATED LENGTH OF PRESENTATION: !F PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Joe Mennella Time for submitting this request for Court to assure that the matter Is posted In accordance with Article 6252- 17 Is as fol lows: • Meetings held on second Monday: 12:00 P. M. previous Wednesday • Meetings held on Thursdays: 5:0o P. M. previous Thursday. If preferable, Agenda Requests may be made on office stationery with the above Information attached. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 3-ta-9o All Agenda Requests will be screened by the County Judge's Office to determine If adequate Information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. ORDER N0. 19428 APPROVAL OF THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM March 22, 1990 Vol. R, Pq. 781