HomeMy WebLinkAboutRES 82-419 F.2 -
R E S- 0 L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the Minority Business Enterprises Policy , as stated in
Exhibit "A" attached hereto and made a part hereof for all
purposes, is hereby approved and adopted as the Minority Business
Enterprises Policy of the City of Beaumont for United States
Department of Transportation-assisted projects.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the ® day of 19 dot
- Mayor -
APPENDIX
MINORITY BUSINESS ENTERPRISE REQUIREMENTS
OF THE
CITY OF BEAUMONT TEXAS
FOR
DEPARTMENT OF TRANSPORTATION-ASSISTED PROJECTS
(Pursuant to 49CFR Part 23)
EXHIBIT "A"
CITY OF BEAUMONT
Minority Business Enterprise Requirements
Page
General... . . .... .. . . .. . . .................. ... .............. .. 1
Attachment 1. Instructions to Bidders Regarding the City
of Beaumont's MBE Program.. ............. .. .. .. 2
Attachment 2. Selection Criteria to Insure that Prime
Contracts are Awarded to Competitors that
Meet MBE Goals. ....... .. ..... . . ........ ..:. ... 5
Attachment 3. Counting MBE Participation Toward Meeting
MBEGoals. .. . . .... . .. . . . .... . . . ............... 8
Attachment 4. Eligibility Standards. ...... . . ......... ..... .. 9
Attachment 5. Appeals of Denial of Certification as
an MBE. ... ... . ..... .. . ... . . . . . . . ... .... . . .. . .. 12
Attachment 6. Minority Business Assistant Organizations..... 13.
Schedule A. MBE Certification Form. .... . . . . ............... 14
.Schedule B. MBE Joint Venture Eligibility Form.. ..... . .... 18
Schedule C. Schedule of MBE Participation. . . ........ ...... 21
GENERAL
A. Policy
It is the policy of the Department of Transportation that minority
business enterprises (as defined in 49 CFR Part 23) shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement.
Therefore, the MBE requirements of 49 CFR Part 23 have been included
in this contract document.
B. MBE OBLIGATION
The City of Beaumont, its contractor or subcontractor, agrees to
insure that minority business enterprises have the maximum
opportunity to participate in the performance of contracts and
subcontractors financed in whole or in part with Federal funds
provided under this agreement. In this regard, the City, its
contractors or subcontractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 23 to insure that minority
business enterprises have the maximum opportunity to compete for and
perform contracts. The City, its contractors and subcontractors
shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of DOT—Assisted contracts.
C. Contract Persons
Failure on the part of contractors or subcontractors to carry out the
requirements set forth in this program shall constitute a breach of
contract and may result in termination of any agreement or contract
by the City, or such remedy as the City deems appropriate.
Therefore, all bidders or proposers on this project should read
carefully Attachment 1 through 5. If additional information or
clarification is needed, the following individuals should be
contacted:
1. Hugh Earnest
MBE Liaison Officer
(713) 838-0770
2. Helen Denmon
MBE Coordinator
(713) 838-0832
3. Joe S. Ternus
MBE Coordinator
(713) 838-0774
A-1
�ATTAC!iMENT I
, Page 1 of 3
INSTRU. TIONS TO BIDDERS
REGA r' ' E=ONT
MI
The City of Beaumont has a Minority Business Enterprise (MBE) program which
has set goals of 10% of the contract amount for participation on the part of
MBEs and 2% women-owned businesses in DOT-assisted projects. Failure to carry
out the requirements set forth in this program shall constitute a breach of
contract and, after notification of the Department of Transportation, may
result in termination of the agreement or contract by the City, or such other
remedy as the City deems appropriate.
The City defines a "minority" as a person who is a citizen or lawful permanent
resident of the United States and who is:
(a) Black (a person having origins in any of the black racial groups of
Africa);
(b) Hispanic (a person of Mexican, Puerto Rican, Cuban, South or Central
America, or other Spanish culture or origin, regardless of race);
(c) Portuguese (a person of Portuguese, Brazilian, or other Portuguese
culture or origin, regardless of race).;
(d) Asian American (a person having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian subcontinent, or
the Pacific Islands);
(e) American Indian and Alaskan Native (a person having origins in any of
the original peoples of North America); or
(f) Members of other groups, or other individuals, found to be
economically and socially disadvantaged by the Small Business
Administration under Section 8 (a) of the Small Business Act, as
amended (15 U.S.C. 637 (a)).
A "Minority Business" means a small business concern which is owned and
controlled by one or more minorities or women. Owned and controlled means a
business:
(a) Which is at least 51 percent owned by one or more minorities or women
or, in the case of a publicity owned business, at least 51 percent of
the stock of which is owned by one or more minorities or women; and
(b) Whose management and daily business operations are controlled by one
or more such individuals.
In order to receive favorable consideration on this project, bidders are
expected to provide assurances, in writing, that at least 10% of the contract
amount will go to minority business enterprises and at least 2;� will go to
woven business enterprises. This can be done by completing the bottom portion
of this attachment and supplying whatever other supplemental information
necessary. In any event, the most favorable consideration.
A-2
ATTACHAENT I
Page 2 of 3
THE UNDERSIGNED BIDDER HEREBY ASSURES THAT HIS/HER FIRM IS IN COMPLIANCE WITH
THE CITY OF BEAUMUNT'S MBE PROGRAM AND HAS A GOAL OF 10% OF THE DOLLAR VALUE
OF THIS PRUJECT FUR MINORITY—OWNED BUSINESSES AND 2% FOR WUMEN—OWNED
BUSINESSES.
NAME OF GUMPANY DATE
SIGNATURE TITLE
A-3
A77ACHMENT 1
Page 3- of 3
SUPPLEMENTAL INSTRUCTIONS TO BIDDERS
A. Other Attachments
1. The selection criteria to insure that prime contractors are
awarded to the bidder/proposer, that meet MBE goals is outlined
in Attachment 2.
2. The method for counting MBE participation toward meeting MBE
goals is discussed in Attachment 3.
3. The eligibility standards for determining whether firms are
owned and controlled by minorities or women are outlined in
Attachment 4.
4. The process for appealing denials of certification as an Is£
is outlined in Attachment 5.
B. In order to comply with the.City of -Beaumont's . MBE requirements, it
may be necessary to complete all of the following forms:
1. Schedule A - Certification of MBE Eligibility. This form must
be completed and placed on file with the City for each !ME
listed in Schedule C. If the prime contractor is a minority
or woman, Schedule A must accompany the bid submission. For
information related to Third Party Certification, see Attachment _
2, page 2, part G.)
2. Schedule B - Joint Venture Eligibility. This form must be com-
pleted and placed on file with the City for all joint ventures
between minority and non-minority firms on DOT-assist*d projects.
3. Schedule C - Schedule of MBE Participation. You must indicate the
MBE firms you propose to use, the type of work to be performed and
the dollar value of the contract.
C. Agreements between a bidder/proposer and an MBE in which the FBE promises
not to provide subcontracting quotations to other bidders/proposers are
prohibited.
ATTACHAMNT 2
Page L of �-
SELECTION CRITERIA TO INSURE THAT PRIME CONTRACTS ARE
AWARDED TO COMPETITORS THAT MEET MBE GOALS
A. If any competitor offering a reasonable price meets the MBE contract goal,
the City of Beaumont shall presume conclusively 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 resonable 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 this competitor's price is not resonable,
it shall consider next the 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; and,
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 MBE contract goal. -
C. To decide whether a price offered by a competitor is reasonable, the City of
Beaumont - shall use the same criteria that it would use to determine whether,
if the competitor had wade the only offer to perform the contract, the City
would award the contract.
D. To demonstrate sufficient reasonable efforts to meet the Y.BE contract goal,
a contractor shall document the steps it has taken to obtain M'tE 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, acid minority-focus media for at least 20 days
before bids or proposals are due. If 20 days are not available,
publication for a shorter reasonable time is acceptable.
3. . Written notification to MBEs that their interest in the contract
is solicited;
A-5
Page 2 of 3
4. Efforts made to select portion' the work proposed to be performed
by MBEs in order to increase the likelihood of achieving the stated
goal;
S. Efforts to negotiate with MBEs for specific subbids including at
a minimum:
(a) The names, addresses, and telephone numbers of MBEs
that were contacted;
(b) A description of the information provided to MBEs regarding
the plans and specifications for portions of the work to
be performed; and,
(c) A statement of why additional agreements with MBEs were not
reached.
6. Concerning each MBE the competitor contacted buy rejected as unqualified,
the reasons for the competitor's conclusion;
7. Effort made to assist the MBEs contacted that needed assistance in obtain-
ing 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 subcontractors.
G. Under the following circumstances, a business seeking to participate as a MBE
in the City of Beaumont-,= procurements and contracts need•Inot submit the
Minority Business Certification Affidavit(s) .
1. If the potential MBE contractor has been determined by the Small
Business Administration to be owned and controlled by a socially
and economically disadvantaged individual under section 8(a) of
the Small Business Act, as amended.
2. If the potential MBE contractor states in writing that it has sub-
mitted the same information to or has been certified by a DOT element,
or another Federal agency that uses essentially the same definition
and ownership and control critieria as the City. The potential ?OE
contractor shall obtain the information and certification (if any)
from the other.agency and submit it to the City or cause the other
agency to submit it. The City of Beaumont may rely upon such a
certification. However, the City reserves the right to make its own
determination based on the information it has obtained from the other
agency.
3_ If the potential MBE contractor is certified .by another organization -
or agency with which the City has a formal joint certification agree-
ment, it is understood that the City will only enter into such agree-
' ments with agencies that use essentially the sp-me definition and owner-
ship and control criteria as the City and DOT.
1 12 A-6
�1 CHAR? 1
Selection Process For
�j MBE Contracts
i
FAny ny Rid Meet MBE Coal At Reasonable Price'
Tes
Reasonably Priced None Reasonably
Priced
Jlvsrd to Ummst
Responsive Bidder
in This Croup I z LReject Bids
MBE Participation No ME e
Below Coal Participation
Ard to that Bid which Bidder Can No Bidder Can
Highest MBE Show Reasonable : Show Reasonable
rticipation AND is Efforts AND is Efforts AND is
asonabt Priced Reasonably Priced Reasonably Priced
Award to Lowest Reject Bids
Responsive Bidder
in This Cron
't3 A
w r-+
00 ,�
n
*Subject to statutory and charter limitations
o
w
C+
N
• Page 1 of 3
ELIGIBILITY STANDARDS
A. The following standards shall be used by the City in determining whether a
firm is owned and controlled by one or more minorities or women is and shall
therefore be eligible to be certified as an MBE. Businesses aggrieved by the
determination may appeal in accordance with procedures set forth in Attachment
S.
(1) 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 minority business enterprise under this part shall be
an independent business.
(a) The ownership and control by minorities or women shall be
real, substantial, and continuing and shall go beyond
the pro forma ownership of the firm as reflected in its
ownership documents.
(b) The minority or women 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 of arrangements.
(c) Recognition of the business as a separate entity for tax
or corporate purposes is not necessarily sufficient for
recognition as an MBE. _
(d) in determining whether a potential MBE is an'inderendent
business, the City shall consider all relevant. factors, -
including the date the business was established, the
adequancy 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.
(3) The minority or women owners shall also possess the power to direct
or cause the direction of the management and policies of the firm
and to make the 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 or women owners. There shall be no
restrictions through, for example, bylaw provisions, partnership
agreements, or charter requirements for cumulative voting rights or
otherwise that prevent the minority or women cr.-ners, without the
cooperation or vote of any owner who is not a minority or woria.n,
from making a business decision of the firm.
(4) If the owners of the firm who are not minorities or v=nen are dis-
proportionately responsible for the operation of the firm, then the
firm is not controlled by minorities or wocen and shall riot be con-
sidered an ME within the meaning of this program. Where the actual
D� �� A-9
fi 7ACh?XNT 3
COUNTING MBE PARTICIPATION TOWARD
MEETING MBE GOALS
MBE participation shall be counted toward meeting MBE goals as follows:
A. Once a firm is determined to be an eligible MBE, the total
dollar value of the contract awarded to the MBEs is counted
toward the applicable MBE goals.
B. The total dollar value of a contract to an MBE owned and controlled
by both minority males and non-minority females is counted toward
the goals for minorities and women, respectively, in proportion
to the percentage of ownership and control of each group in the
business. The total dollar value of a contract with an MBE owned
and controlled by minority women is counted toward either the minority
goal or the goal for women, but not to both. The City or contractor
employing the firm may choose the goal to which the contract value is
applied.
C. The City or contractor may count toward its MBE goals a portion of
the total dollar value of a contract with a joint venture eligible
under the standards equal to the percentage of the ownership and
controls of the MBE partner in the joint venture.
D. The City or contractor may count toward its MBE goals only expenditures
to MBEs that perform a commercially useful function in the work of a
contract. An 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 an kME
is performing a commercially useful function, the City or. contractor shall
evaluate the amount of work subcontracted, industry practices, and other
relevant factors.
E. Consistent with normal industry practices, an MBE may enter into subcontracts.
If an MBE contractor subcontracts a significantly greater portion of the work
of the contract than would be expected on the basis of normal industry prac-
tices, the MBE shall be presumed not to be performing a corrre rcially useful
function. The MBE may present evidence to rebut this preswsption to the City!
The City's decision on the rebuttal of this presumption is subject to review
by the Department of Transportation.
F. The City or contractor may count toward its kME goals expenditures for
materials and supplies obtained from M3E suppliers and manufacturers, pro-
vided that the MBEs assume the actual and contractual responsibility for the
Provision of--the materials and supplies.
(1) The City or contractor may count its entire expenditure
to an ?SE manufacturer (i.e. a supplier that produces goods
from raw materials or substantially alters theta before resale) . -
(2) The City may count 20 percent of its expenditures to ?SE suppliers
that are not manufacturers, provided that the MBE supplier performs
a ccrmnercially useful function in the supply process.
,�'-J,4' , A_%Z
Page 2 of 3
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 purposes of this part,
be considered as controlling the business.
(5) All securities which constitute ownership and/or control of a cor-
poration for purposes of establishing it as an ?BE under this part
shall be held directly by minorities or women. No securities held in
trust, or by any guardian. for a minor, shall be considered as held
by minority or women in determining the ownership or control of a
corporation.
(6) The contributions of capital or expertise by the minority or women
owners to acquire their interests in the firm shall be real and
substantial.
Examples of insufficient contributions include are promise to
a note payable to the firm or its owners who
disadvantaged, or the mere participation as an employee, rather than as a manager.
B. In addition to the above standards, the City shall give special consideration
to the following circumstances in determining eligibility under this program:
(1) Newly formed firms and firms whose ownership and/or controls 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 insure that the
employee-owner has management responsibilities and capabilities
discussed in this section.
(3) Any relationship between an FIDE and a business which is not an MBE
which has an interest in the VBE is carefully reviewed to determine
if the interest of the non-10E conflicts with the ownership and control
requirements of this program.
C. A joint venture is eligible under this part if the !FIDE partner of the joint
venture meets the standards for. an eligible MBE set forth above and the ME
partner is responsible for a clearly defined portion of the work to be per-
formed and shares in the ownership, control, management responsibilities, risks,
and profits of the joint venture.
r
' D. A business wishing to be certified as an MBE or j oint venture KBE by the City
City by supplying additional information which may
shall cooperate with the
be requested in order to make a determination.
E. Once certified, an KBE shall update its submission annually by sub-ratting 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 KSE shall submit a new Schedule A.
r. Except as provided in Attachment .5, the denial of a certification by the
Department of Transportation or City shall be final, for that contract and
other contracts being let by the City at the time of the denial of certifi-
'"� A-10
ATTACPYxNT 4
Page 3 of 3
cation. MBEs and joint ventures denied certification may correct
deficiencies in their ownership and control and apply for certifi-
cation 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.
�(J�-7`// A-11
ATTAM,MNT 5
APPEALS OF DENIAL OF CERTIFICATION AS AN MBE
A. Fili .
Any firm which believes that it has been wrongly denied certification
as an MBE or joint venture by.the Department of Transportation or the
City may file an appeal in writing, signed and dated, With the Department
of Transportation. The appeal shall be filed no later than 180 days
after the date of denial of certification. The Secretary of Transportation
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 an MBE or joint venture may advise the Secretary.
This information is not considered as appeal pursuant to this section.
B. Decision to Investigate
The Secretary insures that a prompt investigation is made pursuant to
prescribed DOT Title VI investigation procedures.
C. Status of Certification During the Investigation
The Secretary may at his/her discretion, deny the MBE or joint venture
in question eligibility to participate as an MBE on DOT-assisted 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 Secretary why this should not occur.
D. Cooperation in Investi ation
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 part.
E. Determinations
The Secretary 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 eligiblity to participate as an M3£ in
any direct or DOT-assisted contract until a new application
for certification is approved by the City.
A-12
Page .1 of 4
CITY OF Bcailmont
MINORITY BTISINESS ENTERPRISE
CERTIFICATION FORM
1. Name of Firm
2. Address
3. Phone Number
4. Legal Structure:
Sole-Proprietorship / / Joint Venture
Partnership / / Corporation
Other, Specify
S. Nature of Business
6. Number of Years in Business
*7. Ownership: Identify those who own S% or more. Columns a and f need be !filled out
only if the firm is less than 100 percent minority owned.
(a) (b) (c) (d) (e) (f)
Years of Ownership Voting
Name Race Sex Ownership Percentage Percentage
With firms less than 10D percent minority owned, list the contributions of money,
equipment, real estate, or expertise of each of the owners:
Name Money Equipment Real Estate E__!!pertise
*N = Use the following codes for race information:
B. Black, H=Hispanics C-Caucasian; and, O=Other.
���f�9 A-14
ATTACHMENT 6
MINORITY BUSINESS ASSISTANCE ORGANIZATIONS
Small Business Administration
1 Allen Center, Suite 705
500 Dallas
Houston, Texas 77002
(713) 660-4401
NOTE: A list of Minority Business Enterprises can be reviewed in the Office
of the Assistant City Manager, Purchasing Department and Transportation
Department.
A-13
,Certification For SO4MXI.E A
/2 Page 2 or 4
6• CONTROL OF FIRM: Identify by name, race, sex, and title in the firth those
Individuals (including owners and non-owners) Who are responsible for day-to-day
management and policy decision-making, including, but
prime responsibility for; not limited to, those with
Name
Financial Race Sex
Title
Decisions
Management Decisions,
such as. estimating,
marketing/sales, hiring/
firing of management per-
sonnel, and 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 qualifications
for the responsibilities given him/her.
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 oti.;,ers.
/3
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 age the gross receipts of the firm for each of the last two years?
Year ending S
Year ending S
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
ISE and describe the circumstances.
Certifying Authority
Date of Certification (or Denial)
9 A-16
• ?&go 4 of 4
AYTVIAVIT
CERTIFICAT10N CF ELIGIBILITY
'The undersigned awsars 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, the undersigned
agrees to provide through the prime contractor of, if no prime. directly to the grantee current,
cocaplets and accurate information regarding actual work performed on the project, the payment
therefor 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. 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.'
Ti=.- If, after filing this Schedule A and before the work of this firm is completed on
the contract covered by this regulation, there is any significant charge in the information
submitted, you must inform the City of Beaumont of the change through the prime contractor
or, if no prime contractor, inform the City directly. a
Signature
Blame
Title =
Date
Corporate $eal (where appropriate).
Date
state of
County of
on this day of 19_. before me appeared
to at personally known, who being duly sworn, did exacute the foregoing affidavit, and did
state that he/she was properly authorised by
(r.ane of firm)
to a=+rvte the affidavit and did so as his/bar free act and deed
I�tary I'�-lic
Ccrrissson Zrpires
a
-�C: ��9 A-17
S f t L D`Lr-.E B
Page 1 of 3
CITY OF Beammont
MINORITY BUSINESS. ENTERPRISE
JOINT VENTURE E1,3GIBILITY
(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 ME partner must com-
plete Schedule A.)
(a) Describe the role of the 2,ME firm in the joint venture.
(b) Describe very briefly the experience and business qualifications of
each non-MBE joint venture.
S. Nature of the joint venture's business
6. Provide a copy of the joint venture agreement. '
A-18
S TEDULE B
Page 2 of a
7. What is the claimed percentage of MBE ownership?
S. 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 decisionmaking, including, but not limited to,
those with prime responsibility for:
(a) Financial decisions
(b) Management decisions, such as:
(1) Estimating
(2) Marketing and sales
(3)Hiring/Firing of manace,nent personnel -
(4) Purchasing of major items/supplies
(5) Supervision of field operations
Note: If, after filing this Schedule B and before the completion of the joint
venture's work on the contract covered by this regulation, there is any
significant change in the information submitted, the joint venture must
inform the city, either directly or through the prime contractor if
the joint venture is a subcontractor.
f'.�fi+�r�.�-.���.d..B��T
gl�
•The undersigned vu-ear that the foregoing st tomot is are correct and include all waterial infor-
nation necessary to identify and explain the terns and operation of our joint venture and the
intended participation by each joint vanturer in the undertaking. Further, the undersigned
covenant and agree to provide to the City current, oomplet.e and accurate information regarding
actual joint venture work and the payment therefor 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 authorised representatives of the City or the Federal funding agency. Any
material vdsrepresentation will be grounds for terminating any contract which may be awarded and
for initiating action under Federal or State law concerning false statements.'
Name of Firm Name of Firm
Signature Signature
Name Name
Title Title
Date Date
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 authorised by
(firm) to execute the affidavit and did so as-'his/her free
act and deed.
1k-:>:ary Public
Co=ission Expires _
(Seal) a
Date
State of
County of
cn this day of 19 _, before se appeared
to me personally known, who, being duly :-40tH. did execute
the foregoing affidavit, and did state that lie/she was properly authorised by
to "&cut* the affidavit and did so as his/her Oct and deed. _
Notary Public
(s.a.al) Co.c-Saslon Lz,arcs
A-20
CITY OF BEAUMONT • SCHEDULE C
O' SCHEDULE OF MU PA1tTiCiPAT10M Page 1 e of 1
{ `( Data of Import
IV DePat twnt
�.(I Total Contract Amount $ Project No.
MAKE OF PALMS CONTRACTOR
Location
TYPE OF YORK (ELECTRICAL. PAVING. ETC.) PROJECTED
CONTRACTOR RACTOR
NAME MINORITY AND CONTRACT ITEMS OR MARTS THEREOF Cc�NCL4ENT L I AGREED
ADDRESS TO BE PERFONM:D CuM'LUIO` DATE FOR WORK P?'.CE
I
a •
A 1
The undersigned vill enter into a formal sgrsement with Sonority Contractors for work listed in this schedule conditioned upon execution of
vith the City of Fort Worth.
'NOTE: 1. Any business listed above must have Schedule A on file with the City.
2. Schedule C in due no later than _ _ working days after bid openina.
TITLE