HomeMy WebLinkAboutRES 86-164 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to adopt the
Minority Business Enterprise Program Policy Manual, a copy of which
is attached hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day ofQ,,�,,, 1986.
- Mayor -
DRAFT
CI TY OF BE AUMO NT
MINORITY BUSINESS ENTERPRISE PROGRAM
POLICY MANUAL
April, 1986
EXHIBIT "A"
TABLE OF CONTENTS
PAGE
I. POLICY STATEMENT. . . . . . . . . . .. . . . . . . ... . . . . . . . . . . . . . . . .. . . . . . . .. 1
II. LIASION OFFICER. . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
III. SUPPORT STAFF. . . . . . . . . .. .. . . . .. . . . . . . . . . .. .. . . .. . . . . . . .. .. .. . . 6
IV. PROCUREMENTS TO INSURE EQUITABLE OPPORTUNITY TO COMPETE FOR
CONTRACTS AND SUBCONTRACTS. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . g
V. MBE DIRECTORY. . . . . . . . . . . .. .. . . . . . . . .. . .. . . . . . . . . . . . .. . . . . . . . . . g
VI . MBE/ELIGIBILITY AND JOINT VENTURES INVOLVING MBEs. . . . . . . .. . .. . 9
VII. PERCENTAGE GOALS. . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. .. . . . . . . . . . . . . . 14
VIII. PROCEDURES TO REQUIRE THAT MBE'S BE IDENTIFIED BY NAME BY
COMPETITORS FOR CONTRACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
IX. SELECTION CRITERIA TO INSURE THAT PRIME CONTRACTS ARE AWARDED
TO COMPETITORS THAT MEET MBE GOALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
X. MAINTENANCE OF RECORDS AND REPORTS. . .. . . . .. .. . . . . . .. . . . . . . . . . . 24
XI. POLICY CONCERNING LEASES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
XII. THIRD PARTY CHALLENGE PROCEDURES. . . . . . . ... . . . . .. . . . . . . . . . . . . . . 25
XIII. APPEALS OF DENIAL OF CERTIFICATION AS A MBE. . . . . . . . . . . . . . . . . . . 27
XIV. DECERTIFICATION PROCEDURE. . . . . . . . . . .. .. . . .. . .. . . . . . . . . . . . . . . . . 29
XV. MINORITY BUSINESS UTILIZATION COMMITMENT. . . . . . . . . . . . . . . . . . . . . . 30
Attachment l: Schedule A/MBE Certification Form. . . .. . . . . . . . .. A1.1
Attachment 2: Schedule B/MBE Joint Venture Eligibility Form. . A2.1
Attachment 3: Schedule C/Schedule of MBE Participation Form. . A3.1
Attachment 4: Minority Business Utilization Commitment/ A4.1
Contractural Services. . . . . . . . . . . . . . . . . . . . . . . . . .
Attachment 5: Minority Business Utilization Commitment/ A5.1
Professional Services. . . . . .. . . . . . . . . . . . . . .. . . . .
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CITY OF BEAUMONT
MI NORI TY BUSINESS ENTERPRISE
POLICY MANUAL
I. POLICY STATEMENT
It is the policy of the City of Beaumont to involve Minority-Owned
Businesses (MBEs) to the fullest extent feasible in all phases of its
procurement practices, and to provide them equal opportunities to compete
for contracts for construction, provision of professional services,
purchases of equipment and supplies, and provision of other services
required by the City.
To attain these policy objectives, the City of Beaumont has adopted this
Policy Statement and the attached Minority Business Enterprise Program.
Minority individuals means those individuals who are citizens of the
United States (or lawfully admitted permanent residents) who are Black
Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans,
Asian-Indian Americans, women, or handicapped individuals. Women do not
have to be part of a minority group to qualify.
The following definitions are applicable to this policy.
(a) "Asian-Indian Americans" which includes persons whose origins are
from India, Pakistan, and Bangladesh.
(b) "Asian-Pacific Americans" which includes persons whose origins are
from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the
Philippines, Samoa, Guam, the U. S. Trust Territories of the Pacific,
and the Northern Marianas.
(c) "Black Americans" which includes persons having origins in any of the
Black racial groups of Africa.
(d) "City" when used herein shall mean the City of Beaumont, however when
action is required or authorized by the City, it shall mean the
Liaison Officer of the City.
(e) "Handicapped individual" means any person who has a disability which
substantially limits one or more major life activity, including but
not limited to such functions as, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working.
(f) "Hispanic Americans" which includes persons of Mexican, Puerto Rican,
Central or South America, or other Spanish culture or origin,
regardless of race.
(g) "Liaison Officer" shall mean that person designated by the City
Manager to administer the City of Beaumont's Minority Business
Enterprise policy.
(h) "Minority Business Enterprise (MBE), or "Minority Business" means a
business in which (a) at least fifty-one percent is owned by minority
members, or in the case of a corporation, at least fifty-one percent
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of the stock is owned by minority members; and (b) the management and
daily business operations are controlled by one or more such
individuals.
(i) "Native Americans" which includes persons who are American Indians,
Eskimos, Aleuts, or Native Hawaiians.
The City shall make a rebuttable presumption that certain groups are
minorities as indicated in the definition. The City's judgement about
whether an individual is in fact a member of one of the presumptive groups
will be final. If an individual has not maintained identification with
the group to the extent that he or she is commonly recognized as a group
member, it is unlikely that he or she will in fact have suffered the
social disadvantage which members of the group are presumed to have
experienced. If an individual has not held himself or herself out to be a
member of one of the groups, has not acted as a member of a community of
minority persons, and would not be identified by persons in the population
at large as belonging to the minority group, the individual should be
required to demonstrate minority disadvantage on an individual basis.
For example, an individual could demonstrate that he had a Chinese
ancestor. However, this hypothetical person has never lived in a
Chinese-American community, has held himself out to be caucasian for
driver's license or other official record purposes, has not previously
claimed to be a Chinese-American, and would not be perceived by others in
either the Chinese-American community or non-minority community to be a
Chinese-American (or any other sort of Asian-Pacific American) by virtue
of his appearance, culture, language or associations. The City would not
regard this individual to be an Asian-Pacific American.
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To the extent legally practicable, the City of Beaumont will insure that
all contractors providing services, materials or supplies to the City
provide employment opportunities to minorities equal to those provided all
other groups or individuals. Such contractors will also be expected to
take. positive steps toward the utilization of qualified MBEs to the
maximum extent feasible, consistent with sound procurement principles and
applicable law.
The City will provide assistance, when requested, to MBEs by providing
instructions on the preparation of bids in compliance with procurement
policy, and fulfillment of general bid requirements. In addition, the
City will provide information on job performance requirements, procurement
opportunities and prerequisites for bidding on contracts and submitting
proposals for services.
The City will seek and will use its best efforts to insure that MBEs are
informed of current and future procurement activities through newsletters,
including minority newspapers and other minority organizations as well as
through direct contact with minority entrepreneurs.
As evidence of its intent to vigorously pursue the objective of this
Minority Business Enterprise Program, the City Manager has designated the
Affirmative Action Officer as the MBE Liaison Officer for the City of
Beaumont's related projects, who will be assisted by specific employees
from each of the City of Beaumont's Departments in administering and
implementing the City's Minority Business Enterprise Program. The Liaison
Officer reports directly to the City of Beaumont's City Manager who, in
turn, reports directly to the Mayor and City Council.
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The City Manager, upon notification to the City Council, may waive MBE
policy requirements when, in his or her opinion, the project, services, or
supplies are of a nature which is not anticipated to be practical for
appropriate subcontracting opportunities.
II. LIAISON OFFICER
The duties of the Liaison Officer shall include, however, are not limited
to, the following:
A. Developing, managing, implementing, and evaluating the MBE program;
B. Disseminating information on available business opportunities so that
MBEs are provided an equitable opportunity to bid on City contracts
and requests for services.
C. Maintaining and updating a directory of minority business
enterprises.
D. Providing assistance to City departments in resolving specific
problems related to implementation of the MBE program and achievement
of stated goals.
E. Advising prospective contractors and others on necessary steps to
bring them into compliance with requirements regarding MBE
participation.
F. Attending pre-bid, pre-proposal, and pre-construction conferences to
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explain MBE requirements and to respond to questions.
G. Reviewing bid and service proposals prior to formal advertising to
make sure that proper instructions are included regarding the City's
MBE requirements.
H. Reviewing bids after they have been opened to verify the degree of
MBE participation and to assure that those firms listed have been
properly certified based on established criteria.
I . Maintaining accurate and up-to-date records demonstrating MBE efforts
and accomplishments.
J. Assisting in the arrangement of joint ventures between MBE and
non MBE firms and between two or more MBE firms.
K. Submitting all reports as required.
III. SUPPORT STAFF
The MBE Liaison Officer shall have inter-departmental assistance to
perform duties. Each department head (or his/her appointed designee) will
serve as the MBE Coordinators for their respective departments. The
Departmental Coordinator will be, at a minimum, responsible for:
A. Notifying the MBE Liaison Officer of all contracts for professional
services, materials, supplies, or capital projects.
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B. Notifying the Liaison Officer of approved grant awards which may
result in projects, services, supplies, etc. where MBE participation
would be solicited.
C. Evaluating approved projects for potential MBE participation.
D. Involving the MBE Liaison Officer in the entire bid or proposal
process, which includes, but is not limited to:
1. Notification in advance by appropriate department of consultant
and/or construction contracts.
2. Providing the MBE Liaison Officer the opportunity to review bid
requests and requests for proposals (RFP) prior to their formal
advertisements to insure that the City's MBE requirements have
been met.
3. Notifying the MBE Liaison Officer of the time and place for all
pre—bid conferences if any, so that the MBE requirements can be
explained and questions answered.
4. Assuring that the Liaison Officer has an opportunity to evaluate
all bids and proposals received in an effort to assure the
validity of the degree of MBE participation claimed.
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IV. PROCUREMENTS TO INSURE EQUITABLE OPPORTUNITY TO COMPETE FOR CONTRACTS AND
SUBCONTRACTS
The City of Beaumont will develop and use affirmative action
techniques to facilitate MBE participation in contracting activities.
These techniques shall include, but are not limited to:
A. Arranging solicitations, time for the presentation of bids or
proposals, quantities, specifications, and delivery schedules so as to
facilitate the participation of MBEs.
B. Providing assistance to MBEs in overcoming barriers such as the
inability to obtain bonding, financing, or technical assistance by
working with outside agencies to provide these resources.
C. Carrying out information and communications programs on contracting
procedures and specific contracting opportunities in a timely manner.
D. Holding pre-bid or pre-proposal conferences to explain the projects
and encourage prime contractors to use MBEs as subcontractors, etc.
E. Including the City's policy for MBE participation in the bid
solicitations.
V. MBE DIRECTORY
The City's MBE Liaison Officer is responsible for maintaining a directory
to facilitate identification of MBEs with capabilities relevant to general
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contracting requirements and to particular bid solicitations. The
directory is available to bidders to assist in their efforts to meet
MBE participation requirements.
VI. MBE ELIGIBILITY AND JOINT` VENTURES INVOLVING MBEs
To insure that the MBE program only benefits firms owned and controlled by
minority individuals, the City of Beaumont shall certify the eligibility
of MBEs and joint ventures involving MBEs that are named by competitors by
completing Schedule A and/or B (Attachments 1 & 2). The purpose of this
Policy is to identify legitimate MBEs. Business organizations being
complex, it is possible to employ suspected front organizations in their
attempt to comply with these policies. Investigations may include, but
not be limited to, an examination of such items as relationship to
non—minorities, experience, education, stock ownership, salaries,
employment agreements, decision making, technical assistance, etc.
Investigations may include information obtained in cooperation with other
certifying agencies.
A. Determination of Ownership and Control
The additional following standards shall be used in determining
whether a firm is 51 percent owned by minority individuals, and
whether one or more of the owners control the firm. Businesses
aggrieved by the determination may appeal in accordance with
procedures set forth in Section XIII of this policy.
I. Bona fide minority group membership shall be established on
the basis of the individual's claim that he or she is a
member of a minority group and is so regarded by that
particular minority community. However, the City is not
required to accept this claim if it determines the claim to
be invalid.
2. An eligible MBE shall be an independent business, and
(a) The ownership and control by minority persons shall be real,
substantial, continuing and shall go beyond the pro forma
ownership of the firm as reflected in its ownership
documents.
(b) The minority owners shall enjoy the customary incidents of
ownership and shall share in the risks and profits
commensurate with their ownership interests, as demonstrated
by an examination of the substance rather than form or
arrangements.
(c) Recognition of the business as a separate entity for tax or
corporate purposes is not necessarily sufficient for
recognition as a MBE.
(d) In determining whether a potential MBE is an independent
business, the City shall consider all relevant factors,
including the date the business was established, the adequacy
of its resources for the work of the contract, and the degree
to which financial, equipment leasing, and other
relationships with non-minority firms vary from industry
practice.
d !
3. The minority owners shall also possess the power to direct or
cause the direction of the management and policies of the firm and
to make day-to-day as well as major decisions on matters of
management, policy, and operations. The firm shall not be subject
to any formal or informal restrictions which limit the customary
discretion of the minority owners. There shall be no restrictions
through, for example, by-law provisions, partnership agreements,
or charter requirements for cumulative voting rights or otherwise
that prevent the minority owners, without the cooperation or vote
of any owner who is not a minority or a woman, from making a
business decision of the firm.
4. If the non-minority owners of the firm or other non-minority
employees are disproportionately responsible for the day-to-day
operation of the firm, then the firm is not controlled by minority
individuals and shall not be considered a MBE within the meaning
of this program. Where the actual management of the firm is
contracted out to individuals other than the owner, those persons
who have the ultimate power to hire and fire the managers can, for
the purpose of this part, be considered as controlling the
business.
5. All securities which constitute ownership and/or control of a
corporation for purposes of establishing it as a MBE shall be held
directly by minority persons. No securities held in trust, or by
any guardian for a minor, shall be considered as held by a
minority individual in determining the ownership or control of a
corporation.
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6. The contributions of capital or expertise by the minority owners
to acquire their interests in the firm shall be real and
substantial.
Examples of insufficient contributions include a promise to contribute
capital, a note payable to the firm or its owners who are not
minorities, or the mere participation as an employee, rather than as a
manager.
B. In addition to the above standard, the City shall give special
attention to the following circumstances in determining eligibility
under this program:
1. Newly formed firms, and firms whose ownership and/or control has
changed since the date of the advertisement of the contract, are
closely scrutinized to determine the reasons for the timing of the
formation of, or change in, the firm.
2. A previous and/or continuing employer-employee relationship
between or among present owners is carefully reviewed to ensure
that the employee-owner has management responsibilities and
capabilities discussed in this section.
3. Any relationship between a MBE and a business which is not a MBE
which has an interest in the MBE is carefully reviewed to
determine if the interest of the non-MBE conflicts with the
ownership and control requirements of this program.
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C. A joint venture is eligible under this program if the MBE partner of
the joint venture meets the standards for an eligible MBE set forth
above, and the MBE partner is responsible for a clearly defined
portion of the work to be performed and shares in the ownership,
control, management responsibilities, risks, and profits of the joint
venture.
D. A business wishing to be certified as a MBE or joint venture MBE by
the City, shall cooperate with the City by supplying additional
information which may be requested in order to make a determination.
E. Once certified, a MBE shall update its submission annually by
submitting a new Schedule A or certifying that the Schedule A on file
is still accurate. If at any time there is a change in ownership or
control of the firm, the firm shall submit a new Schedule A.
F. The denial of a certification by the City of Beaumont shall be final
for that contract and other contracts being let by the City at the
time of the denial or certification. MBEs and joint ventures denied
certification may correct deficiencies in their ownership and control
and apply for certification only for future contracts.
G. The City shall safeguard from disclosure to unauthorized persons
information that reasonably may be regarded as confidential business
information, consistent with Federal, state and local law.
H. The City shall require prime contractors to make good faith efforts to
replace a MBE contractor that is unable to perform successfully with
another MBE. The City shall reserve the right to approve all
substitutions of subcontractors before bid opening and during contract
performance, in order to insure that the substitute firms are eligible
MBEs.
VII. PERCENTAGE GOALS
A. Overall Goals
The overall goals for the City of Beaumont's MBE program are ten
percent (10%) for construction contracts exceeding $50,000 and twenty
percent (20%) for professional services exceeding $25,000.
These goals shall not constitute a fixed quota. The following factors
were considered in arriving at these goals:
1. The number and types of contracts to be awarded by the City during
its fiscal year.
2. The number and types of MBEs that have been identified by the
City.
3. The number and types of MBEs likely to be available to compete for
contracts during the funding period.
4. The past efforts of the City to contract with MBEs.
The overall goals shall be reviewed on an annual basis. The review
process shall analyze projected versus actual MBE participation during
the previous fiscal year. Whatever revisions are considered
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necessary, shall be made and submitted to the Mayor and City Council
for approval.
B. Counting Participation Toward Meeting MBE Goals
MBE participation shall be counted toward meeting goals set in
accordance with the City of Beaumont's program as follows:
1. Once a firm is determined to be an eligible MBE in accordance with
the provisions specified in this program, the total dollar value
of the contract awarded is counted toward the applicable goal.
2. The City or a contractor will count toward its goals only
expenditures to MBEs that perform a commercially useful function
in the work of a contract. A MBE is considered to perform a
commercially useful function when it is responsible for execution
of a distinct element of the work of a contract and carrying out
its responsibilities by actually performing, managing, and
supervising the work involved. To determine whether a MBE is
performing a commercially useful function, the City or a
contractor shall evaluate the amount of work subcontracted,
industry practices, and other relevant factors.
3. Consistent with normal industry practices, a MBE may enter into
subcontracts. If a MBE contractor subcontracts a significantly
greater portion of the work of the contract than would be expected
on the basis of normal industry practices, the MBE shall be
presumed not to be performing a commercially useful function. The
MBE may present evidence to rebut this presumption to the City.
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The City's decision on the rebuttal of this presumption is final,
subject to review by the City Council.
4. The City or a contractor may count toward its MBE goals
expenditures for materials and supplies obtained from MBE
suppliers and manufacturers provided that the MBEs assume the
actual and contractual responsibility for the provision of the
materials and supplies. The City or a contractor may count its
entire expenditure to a MBE manufacturer (i.e. , a supplier that
produces goods from raw materials or substantially alters them
before resale). The City will count 20 percent of its
expenditures to MBE suppliers that are not manufacturers, provided
that such suppliers perform a commercially useful function in the
supply process.
C. Contract Goals
Contract goals will be set on specific projects which the
bidder/proposer must meet or exceed or demonstrate that it could not
meet despite its best efforts. The goals will be set based on the
anticipated availability of qualified MBEs. As outlined in Section
VII of this program, for contracts for professional services exceeding
$25,000 the City has established a goal of 20% participation for
Minority Business Enterprises. With construction contracts exceeding
$50,000, the City has established a goal of 10% participation for
Minority Business Enterprises.
D. The City of Beaumont will use the following priorities:
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1. The City of Beaumont will take every step to use a qualified
minority business for contractual and professional services
when available.
2. If a minority business cannot be utilized, then a majority
business who subcontracts with a minority firm for a percentage
of the contract will be given priority.
For the purpose of improving the chance of entrepreneurship of
minority persons, the City of Beaumont will allow a minority
person to be employed by a non-minority and still be utilized as a
minority professional service or contractor. All rights of
subcontracting will be observed between such a union as long as
the following regulations are observed.
(a) A bona fide agreement is drawn up and signed, subcontracting a
portion of the work to the MBE.
(b) The percentage amount and dollar value is presented before the
contract is awarded.
(c) The most feasible bidder/proposer agrees to provide, within
six days of notification by the City that it is the most
feasible bidder/proposer, a list of specific minority
businesses it anticipates utilizing, the purpose for which
each minority business enterprise will be utilized, and the
dollar amount to be expended for each minority business
enterprise. The City will request information from the next
feasible bidder/proposer.
(d) If awarded a contract, the bidder/proposer further agrees to
furnish a report listing minority business utilization and the
dollar amount expended for each service or subcontract upon
request by the City of Beaumont.
(e) If it appears during the course of the project that less than
the agreed MBE percentage will be expended to minority
businesses, the agreement may be suspended, terminated, or the
City may exercise any other remedies which it may have as a
result of breach of the agreement. This provision shall not
apply, however, provided the bidder/proposer can demonstrate
to the City's satisfaction that;
(1) the expenditure shortfall is not the fault of the
bidder/proposer, or
(2) the bidder/proposer will make up the shortfall
during the balance of the contract period.
3. If a minority business contractor or professional service cannot
be utilized and the majority bidder/proposer cannot subcontract
with a minority firm, a majority firm having an Affirmative Action
Plan and furnishing such plan to the City will be given next
priority.
4. If the steps above do not result in any minority participation or
use of a firm with an Affirmative Action Plan, the City Manager
may approve the use of a majority business which will provide an
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Affirmative Action Plan within six months after contract award or
provide a development plan to meet the City's goals.
5. The City will institute a program to certify minority businesses
who meet the criteria of this policy. The program will verify the
minority status of the proposers, contractors, and subcontractors
selected under the policy and will assist new minority businesses
in obtaining certification.
The City Manager of the City of Beaumont (and/or his designee) will be
responsible for administering these policies. A list of local minority business
enterprises will be maintained at the office of the City Manager and the City
Clerk and shall be available to all persons desiring such information. This
list shall not be considered the sole source of identification of potential
minority business enterprises.
E. Geographic Area
The City of Beaumont and contractors shall seek local MBEs. If the
goals cannot be met by using MBEs from this geographic area, the City
and contractors shall expand the search to a reasonable wider area.
VIII. PROCEDURES TO REQUIRE THAT MBEs BE IDENTIFIED BY NAME BY COMPETITORS FOR
CONTRACTS
In solicitation for City contracts that provide opportunities for MBE
participation, the City shall indicate its goals for the use of firms
owned and controlled by minority persons.
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A. All bidders/proposers will be required to submit a written assurance
of meeting the goals in their bids or proposals by completing
the applicable Minority Business Utilization commitment (Attachments 4
& 5).
B. Within a reasonable period of time after the opening of bids, and
before the award of the contract, the City shall require all bidders
wishing to remain in competition for the contract to submit Schedule C
(Attachment 3) which provides:
1. The names and addresses of MBE subcontractors;
2. A description of the work each is to perform; and
3. The dollar value of each proposed MBE subcontract.
C. The time allowed for submission of Schedule C will be set for
individual contracts and may vary, depending on circumstances.
D. Agreements between a bidder/proposer and a MBE in which the MBE
promises not to provide subcontracting quotations to other
bidders/proposers are prohibited.
IX. SELECTION CRITERIA TO INSURE THAT PRIME CONTRACTS ARE AWARDED TO
COMPETITORS THAT MEET MBE GOALS
To insure that prime contracts are awarded to competitors who meet MBE
goals, the following selection criteria is outlined:
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A. If any competitor offering a reasonable price meets the MBE contract
goal, the City shall presume that all competitors that failed to meet
the goal have failed to exert sufficient reasonable efforts, and
consequently are ineligible to be awarded the contract.
B. To implement this presumption, the City shall determine whether the
competitor offering the lowest price of firms meeting the MBE contract
goal has offered a reasonable price for the contract.
1. If it is determined that this competitor has offered a reasonable
price, the City shall award the contract to the firm.
2. If the City determines that such competitors' prices are not
reasonable, it shall consider the next price offered by the
competitor with the highest percentage of MBE participation of
those firms that failed to meet the goal. If the City determines
that this price is reasonable, it shall award the contract to this
competitor.
3. If it is determined that this price is not reasonable, the City
shall consider the other competitors that failed to meet the goal
in order of their percentage of MBE participation until it selects
one with a reasonable price.
4. If it is determined that no competitor with MBE participation has
offered a reasonable price, the City may award the contract to any
competitor that demonstrates that it has made sufficient
reasonable efforts to meet the MB contract goal.
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® C. To decide whether a price offered by a competitor is reasonable, the l
City shall use the same criteria that it would use to determine
whether, if the competitor had made the only offer to perform the
contract, the City would award the contract.
D. To demonstrate sufficient reasonable efforts to meet the MBE contract
-goal, a contractor shall document the steps it has taken to obtain
MBE participation, including, but not limited to, the following:
1. Attendance at a pre-bid conference, if any, scheduled by the City
to inform MBEs of subcontracting opportunities under a given
solicitation.
2. Advertisement in general circulation media, trade association
publications, and minority-focus media 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
performed by MBEs in order to increase the likelihood of achieving
the stated goal.
5. Efforts to negotiate with MBEs for specific sub-bids including at
minimum:
(a) The names, addresses, and telephone numbers of MBEs that were
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D
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 f
unqualified, and the reasons for the competitor's conclusion; g
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7. Efforts made to assist the MBEs contacted that need assistance in
obtaining bonding or insurance required by the competitor or
City.
E. Competitors that fail to meet MBE goals and fail to demonstrate
sufficient reasonable efforts shall not be eligible to be awarded the
contract.
F. To insure that all obligations under contracts awarded to MBEs are
met, the City shall review the contractor's MBE involvement efforts
during the performance of the contract. The contractor shall bring to
the attention of the City of Beaumont, any situation in which
regularly scheduled progress payments are not made to MBE
contractors.
G. In the case of a proposal for professional services in which legal or
ethical considerations prohibit specific dollar amounts to be provided
23
with proposals, MBE utilization shall be considered in the normal
selection and negotiation process for such services. The City shall
consider MBE efforts on an individual basis.
X. MAINTENANCE OF RECORDS AND REPORTS
A. ,In order to monitor the progress of its MBE program, the City shall
maintain a record keeping system which will identify and assess
MBE contract awards, prime contractors' progress in achieving MBE
subcontract goals and other MBE affirmative action efforts.
B. Specifically, the City shall maintain records showing:
1. Procedures which have been adopted to comply with the requirements
of this program.
2. Awards to MBEs. These awards shall be measured against projected
awards and/or goals. To assist in this effort, the City shall
obtain regular reports from prime contractors on their progress in
meeting contractual MBE obligations. MBE certification is a
continuous requirement and must be maintained throughout the life
of the contract; therefore, the City may request a MBE status
report at any time during said contract.
C. Records shall be available, upon request, to an authorized officer or
employee of the government.
D. The City shall prepare reports quarterly for review by the City
Manager and City Council. These records shall include as a minimum:
24
lee& �
1. The number of contracts awarded to MBEs.
2. A description of the general categories of contracts so
awarded.
3. The dollar value of contracts so awarded.
4. The percentage of the dollar value of all contracts awarded
during this period which were awarded to MBEs.
5. An indication of whether, and the extent to which, the
percentages met or exceeded goals.
XI . POLICY CONCERNING LEASES
The City of Beaumont shall not exclude MBEs from participation in business
opportunities by entering into long-term exclusive agreements with
non-MBEs for the operation of major construction or professional related
activities or major activities for the provision of goods and services.
XII. THIRD PARTY CHALLENGE PROCEDURE
A. To challenge the eligibility of a firm that the City has certified,
the following procedure is outlined.
1. Any third party may challenge the minority status of any
individual, if that individual is an owner of a firm certified by
or seeking certification from the City as a minority business.
/ 25
The challenge shall be made in writing to the City.
2. With its letter, the challenging party shall include all
information available to it relevant to a determination of whether
the challenged party is in fact an independent minority firm.
(a) If the City determines that there is not reason to believe
that the challenged party is not a valid minority business,
the City shall so inform the challenging party in writing.
This terminates the proceeding.
(b) If the City determines that there is reason to believe that
the challenged party is not an independent minority firm, the
City shall begin a proceeding as provided in the following
paragraphs 3 thru 6.
3. The City shall notify the challenged party in writing that his or
her status as a MBE has been challenged. The notice shall
identify the challenging party and summarize the grounds for the
challenge. The notice shall also require the challenged party to
provide the City, within a reasonable time, information sufficient
to permit the City to evaluate his or her status as a minority
business.
4. The City shall evaluate the information available to it and make a
proposed determination of the challenged party. The City shall
notify both parties of this proposed determination in writing,
setting forth the reasons for its proposal. The City shall
provide an opportunity to the parties for an informal hearing, at
le—t6 /iLn 26
which they must respond to this proposed determination in writing
or in person.
5. Following the informal hearing, the City shall make a final
determination. The. City shall inform the parties in writing of
the final determination, setting forth the reasons for its
decision.
6. In making the determination called for in this procedure, the City
shall use the standards set forth in Section VI of this policy.
7. During the pendency of a challenge under this attachment, the
presumption that the challenged party is a MBE shall remain in
effect.
XIII. APPEALS OF DENIAL OF CERTIFICATION AS A KBE
A. Filing
Any firm which believes that it has been wrongly denied certification
as a MBE or joint venture may file an appeal in writing, signed and
dated, with the City of Beaumont. The appeal shall be filed no later
than 180 days after the date of denial of certification. The MBE
Liasion Officer may extend the time for filing or waive the time limit
in the interest of justice, specifying in writing the reasons for so
doing. Third parties who have reason to believe that another firm has
been wrongly denied or granted certification as a MBE, or joint
venture may so advise the liasion officer in writing giving reasons
for such beliefs. This information is not considered an appeal
pursuant to this section.
B. Status of Certification During the Investigation
The MBE Liasion Officer may at his/her discretion, deny the MBE, or
joint venture in question eligibility to participate as a MBE in City
contracts let during the pendency of the investigation, after
providing the MBE, or joint venture in question an opportunity to show
cause by written statement to the Liasion Officer why this should not
occur.
C. Cooperation in Investigation
All parties shall cooperate fully with the investigation. Failure or
refusal to furnish requested information or other failure to cooperate
is a violation of this procedure.
D. Determinations
Determinations shall be made by a three member panel of City employees
appointed by the City Manager. The panel makes one of the following
determinations and informs the MBE or joint venture in writing of the
reasons for the determination:
(1) The MBE or joint venture is certified; or
(2) The MBE or joint venture is not eligible to be certified and is
denied eligibility to participate as a MBE in any City contract
4A��
28
i�
a •
until a new application for certification is approved by the
City.
XIV. DECERTIFICATION PROCEDURE
A. Reasons for Decertification
The City reserves the right to decertify an existing MBE for any of
the following reasons.
(1) The firm's structure has changed to the extent that the business
is no longer owned or controlled by an eligible person(s);
(2) The business is no longer active;
(3) The business is not financially responsible;
(4) The business is not competent to do the work for which it was
certified in accordance with generally accepted industry
standards;
(5) The firm has refused or failed without good cause to perform the
work for which it was certified; and
(6) The business has failed to comply with the City's request for
documents, including an annual Schedule A, or other documents
required for continuation of certification, or has failed or
refused to permit inquires of bonding companies, banking
institutions, previous and/or existing contractors and clients to
ascertain the history of the firm's financial responsibility and
contract performance. Failure to permit such inquires and
submittal of necessary documents will be grounds for
decertification.
B. The decertification processes is as follows:
I. Irregularities of any certified MBE business with regards to
ownership, control, financial responsibility or competency,
including refusal or failure to perform will be reported to the
liaison officer in writing. If the irregularity is verified, the
liaison officer will issue a written notice to the MBE detailing
the verified irregularities and stating why decertification is
being recommended. This notice will indicate a specific date
(within 30 working days) for the certified party to meet with the
MBE Liaison Officer and/or any other panel designee(s) involved in
the decertification process. This meeting will provide the MBE the
opportunity to defend or clarify the firm's irregularities. The
City reserves the right to the final decertification decision. All
written rebuttals must be submitted to the liaison officer within
ten working days of the decertification meeting.
2. Decertification firms may re-apply for certification one year from
the date of the final order.
XV. MINORITY BUSINESS UTILIZATION COMMITMENT
The Minority Business Utilization Commitment is to be included in all bid
solicitations. Attachment 4 outlines the City of Beaumont's MBE policy as
it pertains to construction contracts; likewise, attachment 5 outlines the
same for professional services. MBE bidders/proposers are to review the
Policy statement and indicate where provided, their proposed priority in
achieving the City's MBE goals.
31
(Attachment 1) Schedule A
Page 1
CITY OF BEAUMONT
MINORITY BUSINESS ENTERPRISE
CERTIFICATION FORM
1. Name of Firm
2. Address
3. Phone Number ( )
4. Legal Structure:
( ) Sole-Proprietorship ( ) Joint Venture
( ) Partnership ( ) Corporation
( ) Other, Specify
5. Nature of Business: ( ) Contractor ( ) Professional ( ) Purchasing
Description:
6. Number of Years in Business
Contractors - Attach a work history which identifies projects, who
work was for, location, amount of contract, a starting and
completion dates for the past three (3) years.
Professionals and Vendors - Attach a complete description of the
company, and details on types of work/clients associated with
the company.
7. Ownership: Identify those who own 5% or more. Columns e and f need be filled out
only if the firm is less than 100 percent minority owned.
Use the following codes for race information: B=Black; H=Hispanic;
C=Caucasian; and O=Other (specify).
(a) (b) (c) (d) (e) (f)
Years of Ownership Voting
Name Race Sex Ownership Percentage Percentage
A1.1
SCHEDULE A
Page 2
7a. With firms less than 100 percent minority owned, list the contributions of money,
equipment, real estate, or expertise of each of the owners.
Name Money Equipment Real Estate Expertise
8. CONTROL OF FIRM: Identify by name, race, sex, and title in the firm those
individuals (including owners and non-owners) who are responsible for day-to-day
management and policy decision-making, including, but not limited to, those
with prime responsibility for:
Name Race Sex Title
Financial
Decisions
Management Decisions,
such as estimating,
marketing/sales, hiring/
firing of management
personnel, & purchases of
major items/supplies
Supervision of Field
Operations
9. For each of those listed in question 8, provide a brief summary of the person's
experience and number of years with the firm, indicating the person's qualifica-
tions for the responsibilities given him/her.
A1. 2
SCHEDULE A
Page 3
10. Describe or attach a copy of any stock options or other ownership options that
are outstanding, and any agreements between owners or between owners and third
parties which restrict ownership or control of minority owners.
11. Identify any owner (see item 7) or management official (see item 8) of the named
firm who is or has been an employee of another firm that has an ownership interest
in or a present business relationship with the named firm. Present business
relationships include shared space, equipment, financing, or employees as well as
both firms having some of the same owners.
12. What are the gross receipts of the firm for each of the last three years?
Year ending $
Year ending $
Year ending $
13. Name of bonding company, if any:
Bonding Limit:
14. Are you authorized to do business in the state as well as locally?
Yes ( ) No ( )
Licenses Held:
15. Indicate if this firm or other firms with any of the same officers have
previously received or been denied certification or participation as an MBE and
describe the circumstances.
Certifying Authority: Date:
Certifying Authority: Date:
Certifying Authority: Date:
A1.3
4-f41-10KV
SCHEDULE A
Page 4
AFFIDAVIT
CERTIFICATION OF ELIGIBILITY
"The undersigned swears that the foregoing statements are true and correct and
include all material information necessary to identify and explain the operations of
(name of firm) as well as the ownership thereof.
Further, should any contract be awarded or services required, the undersigned agrees to
provide through the prime contractor or, if no prime, directly to the City current,
complete and accurate information regarding actual work performed on any project, the
payment therefore and any proposed changes, if any, of the foregoing arrangements and
to permit the audit and examination of books, records and files of the named firm by
authorized representatives of the City or the Federal funding agency, if any. Any
material misrepresentation will be grounds for terminating any contract which may be
awarded and for initiating action under Federal or State laws concerning false
statements."
NOTE: If, after filing this Schedule A and before the work of this firm is
completed on any contract with the City, there is any significant change in the
information submitted, the City of Beaumont must be informed of the change through the
prime contractor or directly.
Signature
Name
Title
Date
Corporate Seal (where appropriate).
Date
State of
County of
A1 .4
SCHEDULE A
Page 5
On this day of , 19 before me appeared
to me personally known, who being duly sworn, did execute the
foregoing affidavit, and did state that he/she was properly authorized by
(name of firm) to execute the affidavit and did so as his/her free
act and deed.
Notary Public
Commission Expires
A1.5
SCHEDULE B
Page 2
7 . What is the claimed percentage of MBE ownership?
8. Ownership of joint venture: (This need not be filled in if described in the
joint venture agreement, provided by question 6. )
(a) Profit and loss sharing
(b) Capital contributions, including equipment
(c) Other applicable- ownership interests
9. Control of and participation in this contract. Identify by name, race, sex, and
"firm" those individuals (and their titles) who are responsible for day-to-day
management and policy decision making, including, but not limited to, those with
prime responsibility for:
Name Race Sex Title
Financial
Decisions
Management Decisions,
such as estimating,
marketing/sales, hiring/
firing of management
personnel, & purchases of
major items/supplies
Supervision of Field
Operations
A2.2
(Attachment 2) SCHEDULE B
Page 1
CITY OF BEAUMONT
MINORITY BUSINESS ENTERPRISE
JOINT VENTURE ELIGIBILITY
(This form need not be filled in if all joint venture firms are minority owned. )
1. Name of Joint Venture
2. Address
3. Phone Number ( )
4. Identify the firms which comprise the joint venture. (The MBE partner must
complete Schedule A.)
(a) Describe the role of the MBE firm in the joint venture.
(b) Describe very briefly the experience and business qualifications of each
non-MBE joint venture.
5. Nature of the joint venture's business
6. Provide a copy of the joint venture agreement.
A2.1
ze f6��
SCHEDULE B
Page 3
AFFIDAVIT
JOINT VENTURE
"The undersigned swear that the foregoing statements are correct and include all
material information necessary to identify and explain the terms and operation of the
joint venture and the intended participation by each joint venturer. Further, should
any contract be awarded or services required, the undersigned covenant and agree to
provide to the City current, complete and accurate information regarding actual joint
venture work and the payment therefore and any proposed changes in any of the joint
venture arrangements and to permit the audit and examination of the books, records and
files of the joint venture, by authorized representatives of the City or the Federal
funding agency, if any. Any material misrepresentation will be grounds for terminating
any contract which may be awarded and for initiating action under Federal or State law
concerning false statements. "
Note: If, after filing this Schedule B and before the completion of the
joint venture's work on any contract with the City, there is any
significant change in the information submitted, the City must be
informed of the change through the prime contractor or directly.
Name of Firm Name of Firm
Signature Signature
Name Name
Title Title
Date Date
Date
State of
County of
A2.3
SCHEDULE B
Page 4
On this day of 19 before me appeared
tome personally known, who, being duly sworn, did execute
the foregoing affidavit, and did state that he/she was properly authorized by
(firm) to execute the affidavit and did so as his/her free
act and deed.
Notary Public
Commission Expires
(Seal)
Date
State of
County of
On this day of , 19 before me appeared
, to me personally known, who, being duly sworn, did execute
the foregoing affidavit, and did state that he/she was properly authorized by
(firm) to execute the affidavit and did so as his/her free
act and deed.
Notary Public
(Seal) Commission Expires
Date
State of
County of
A2.4
(ATTACHMENT 3)
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
(Schedule C)
Date of Report
Department
Total Contract Amount $ Project No.
NAME OF PRIME CONTRACTOR/ Location
PROPOSER
TYPE OF WORK (ELECTRICAL, PAVING, ETC.) PROJECTED
NAME OF MINORITY AND CONTRACT ITEMS OR PARTS THEREOF COMMENCEMENT & AGREED
CONTRACTOR ADDRESS TO BE PERFORMED COMPLETION DATE FOR WORK PRICE
The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned
upon execution of a contract with the City of Beaumont.
NOTE: 1. Any business listed above must have Schedule A on file with the City.
2. Schedule C is due no later than working days after bid opening.
TITLE
A3.1
(ATTACHMENT 4) a
CITY OF BEAUMONT
MINORITY BUSINESS UTILIZATION COMMITMENT
CONTRACTUAL SERVICES
The City of Beaumont has adopted a plan to assure minority involvement in City
contracts. It is the goal of the City of Beaumont to award at least ten percent of
all construction contracts (over $50,000 per contract) to qualified minority
business enterprises each year. It is the ultimate goal of the City to have its
letting of contractual services contracts reflect the demographic make-up of the
City. The term "minority business" means a business in which (a) at least
fifty-one percent is owned by minority members or, in the case of a corpjr4tion, at
least fifty-one percent of the stock is owned by minority members; and (b) the
management and daily business operations are controlled by one or more Such
individuals. For the purposes of the preceding sentence, minority group memberQ
means those individuals who are citizens of the United States (or lawfully admitted
permanent residents) who are Black Americans, Hispanic Americans, Native Americans,
Asian-Pacific Americans, Asian-Indian Americans, women, or handicapped individuals.
Formal definitions of the foregoing may be obtained in the Minority Business
Enterprise Program Policy Manual and may be reviewed in the City Clerk's office
located in Room #180 in City Hall.
In order to obtain our goal, the City of Beaumont will use the following
priorities:
1. The City of Beaumont will take every step to use a qualified minority
business as a prime contractor when available.
2. If a minority business cannot be utilized as a prime contractor, then
a majority business who subcontracts with a minority contractor for a
percentage of the contract will be given priority.
For the purpose of improving the chance of entrepreneurship of
minority persons, the City of Beaumont will allow a minority person
to be employed by a non-minority and still be utilized as a minority
contractor. All rights of subcontracting will be observed betTaee«
such a union as long as the following regulations are observed.
(a) A bona fide contract is drawn up and signed, subcontracting a
portion of the work to the MBE.
(b) The percentage amount and dollar value is presented before the
contract is awarded.
A4.1
o p
(c) The lowest bidder agrees to provide, within six days of notification
by the City that it is the apparent lowest bidder, a list of
specific minority businesses it anticipates utilizing, the purpose
for which each minority business enterprise will be utilized, and
the dollar amount to be expended for each minority business
enterprise. The City will request information from the next lowest
bidder.
(d) If awarded a contract, the bidder further agrees to furnish a report
listing minority 'business utilization and the dollar amount expended
for each service or subcontract upon request by the City of
Beaumont.
(e) If it appears during the course of the project that less than the
agreed MBE percentage will be expended to minority businesses,
the contract may be suspended, terminated, or the City may exercise
any other remedies which it may have as a result of breach of the
contract. This provision shall not apply, however, provided the
contractor can demonstrate to the City's satisfaction that;
(1) the expenditure shortfall is not the fault of the
contractor, or
(2) the contractor will make up the shortfall during the
balance of the contract period.
3. If a minority business contractor cannot be utilized and the majority
contractor cannot subcontract with a minority contractor, a majority
contractor having an Affirmative Action Plan and furnishing such plan
to the city will be given next priority.
4. If the steps above do not result in any minority participation or use
of a contractor with an Affirmative Action Plan, the City Manager may
approve the use of a majority business which will provide an
Affirmative Action Plan within six months after contract award or
provide a development plan to meet the City's goals.
S. The City will institute a program to certify minority businesses who
meet the criteria of this policy. The program will verify the
minority status of the contractors and subcontractors selected under
the policy and will assist new minority businesses in obtaining
certification.
The City Manager of the City of Beaumont (and/or his designee) will be responsible
for administering these policies. A list of local minority business enterprises
will be maintained in the office of the City Manager and the City Clerk and shall
be available to all persons desiring such information. This list shall not be
considered the sole source of identification of potential minority business
enterprises.
A4.2
� s M
MINORITY BUSINESS UTILIZATION COMMITMENT
I. DISCRIMINATION PROHIBITED
Contractor, in the execution, performance or attempted performance of this
Contract shall not discriminate against any person or persons because of sex,
race, religion, color, or national origin; and Contractor hereby covenants
and agrees that it has fully complied with the provisions of the Minority
Business Enterprises Policy of the City of Beaumont and that no employees or
employee-applicant has been discriminated against by Contractor. The
Contractor must be an equal opportunity employer.
II. MINORITY BUSINESS ENTERPRISES
The undersigned agrees to comply with priority number of the Minority
Business Enterprises Policy as outlined in this document. It is understood
that the City of Beaumont will utilize this priority system in the evaluation
of all bids.
Name of Company Date
Signature Title
A4.3
(ATTACHMENT 5)
CITY OF BEAUMONT
MINORITY BUSINESS UTILIZATION COMML THE NT
PROFESSIONAL SERVICES
The City of Beaumont has adopted a plan to assure minority involvement in City
agreements for professional services. It is the goal of the City of Beaumont to
award at least twenty percent (20%) of all professional services agreements (over
$25,000 per agreement) to qualified minority business enterprises each year. It
is the ultimate goal of the City to have its letting of professional service
agreements reflect the demographic make-up of the City. The term "minority
business" means a business in which (a) at least fifty-one percent (51%) is owned
by minority members or, in the case of a corporation, at least fifty-one percent
(51%) of the stock is owned by minority members; and (b) the management anc daily
business operations are controlled by one or more such individuals. For the
purposes of the preceding sentence, minority group members means those
individuals individuals who are citizens of the United States (or lawfully
admitted permanent residents) who are Black Americans, Hispanic Americans, Native
Americans, Asian-Pacific Americans, Asian-Indian Americans, women, or handicapped
individuals. Formal definitions of the foregoing may be obtained in the Minority
Business Enterprise Program Policy Manual and may be reviewed in the City Clerk's
office located in Room 180 in City Hall.
In order to obtain our goal, the City of Beaumont will use the following
priorities.
I. The City of Beaumont will take every step to use a qualified minority
business for professional services when available.
2. If a minority business cannot be utilized for professional services
then a majority business who subcontracts with a minority firm for a
percentage of the contract will be given priority.
For the purpose of improving the chance of entrepreneurship of minority
persons, the City of Beaumont will allow a minority person to be
employed by a non-minority and still be utilized as a minority
professional service. All rights of subcontracting will be observed
between such a union as long as the following regulations are observed.
A5.1
° k
a
(a) A bona fide agreement is drawn up and signed, subcontracting a
portion of the work to the MBE.
(b) The percentage amount and dollar value is presented before the
contract is awarded.
(c) The most feasible proposer agrees to provide, within six days of
notification by the City that it is the most feasible proposer, a
list of specific minority businesses it anticipates utilizir^,
the purpose for which each minority business enterprise will be
utilized, and the dollar amount to be expended for each minority
business enterprise. The City will request information from the
next feasible proposer.
(d) If awarded a contract, the proposer further agrees to furnish a
report listing minority business utilization and the dollar amount
expended for each service or subcontract upon request by the City
of Beaumont.
(e) If it appears during the course of the project that less than the
agreed MBE percentage will be expended to minority businesses,
the agreement may be suspended, terminated, or the City may
exercise any other remedies which it may have as a result of
breach of the agreement. This provision shall not apply, however,
provided the proposer can demonstrate to the City's satisfaction
that;
(1) the expenditure shortfall is not the fault of the proposer,
or
(2) the proposer will make up the shortfall during the balance of
the agreement period.
3. If a minority business firm cannot be utilized and the majority
proposer cannot subcontract with a minority firm, a majority firm
having an Affirmative Action Plan and furnishing such plan to the City
will be given next priority.
4. If the steps above do not result in any minority participation or use
of a firm with an Affirmative Action Plan, the City Manager may approve
the use of a majority business which will provide an Affirmative Action
Plan within six months after agreement execution or provide a
development plan to meet the City's goals.
5. The City will institute a program to certify minority businesses who
meet the criteria of this policy. The program will verify the minority
status of the proposers and subcontractor selected under the policy and
will assist new minority businesses in obtaining certification.
A5.2
The City Manager of the City of Beaumont (and/or his designee) will be
responsible for administering these policies. A list of local minority
business enterprises will be maintained at the office of the City Manager
and the City Clerk and shall be available to all persons desiring such
information. This list shall not be considered the sole source of
identification of potential minority business enterprises.
Where legal or ethical considerations prohibit specific dollar amounts to
be provided with proposals, proposals shall only be required to indicate
the anticipated MBE percentage when the anticipated agreement amount
exceeds $25,000. Should the final agreement amount exceed $25,000, all
MBE requirements shall be met.
A5.3
R r
MINORITY BUSINESS UTILIZATION COMMITMENT
I . DISCRIMINATION PROHIBITED
Proposer, in the execution, performance or attempted performance of this
agreement shall not discriminate against any person or persons because of
sex, race, religion, color, or national origin; and proposer hereby
covenants and agrees that it has fully complied with the provision of the
Minority Business Enterprises Policy of the City of Beaumont and that no
employees or employee-applicant has been discriminated against by
Proposer. The Proposer must be an equal opportunity employer.
II. MINORITY BUSINESS ENTERPRISES
The undersigned agrees to comply with priority numbervof the Minority
Business Enterprises Policy as outlined in this document. It is
understood that the City of Beaumont will utilize this priority system in
the evaluation of all proposals.
Name of Company Date
Signature Title
A5.4