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RESOLUTION NO. 5379
A RESOLUTION ADOPTING A MINORITY BUSINESS,
DISADVANTAGED BUSINESS AND WOMEN'S BUSINESS
ENTERPRISE PLAN REQUIRED AS A CONDITION OF
RECEIPT BY THE CITY OF PUEBLO OF FEDERAL
FUNDING THROUGH THE UNITED STATES DEPARTMENT
OF TRANSPORTATION
WHEREAS, the City of Pueblo receives federal funding
under the Urban Mass Transportation Act and Surface Transportation
Assistance Act at a current annual level of some $600,000; and,
WHEREAS, submission of an approved Minority, Disadvantaged
and Women's Business Enterprise Plan is a requirement for
continuance of such funding;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
PUEBLO, COLORADO, that:
The Minority Business Enterprise Plan is hereby adopted
and on file with the City Clerk.
INTRODUCED May 14 1984
By REIMAR VON KALBEN
Councilman
APPROVED: v '
Pr6sident of the" City Council
ATTEST:
City Clerk
i
MINORITY BUSINESS ENTERPRISE PLAN (REVISED)
CITY OF PUEBLO, COLORADO
Prepared by:
The Urban Transportation Planning Division of
The Pueblo Area Council of Governments
DRAFT
April, 1984
TABLE OF CONTENTS
I. General -----------------------------------------
II. Policy Statement -------------------------------
III. Definitions ------------------------------------
IV. Liaison Officer --------------------------------
V. Procedures to Ensure MBE's Have an Equitable
Opportunity------------------------------------
VI. MBE Directories --------------------------------
VII. MBE Eligibility /Certification --------------- - --
VIII. Standards of Determination of Social and Economic
Disadvantaged ----------------------------------
A) Evidence of Social Disadvantage ------- - - - - --
B) Economic Disadvantaged ----------------------
C) Other Eligibility Requirements -------- - - - - --
IX. Challenge Procedure ----------------------------
A) Third Party Challenges ----------------------
B) Decertification ----------------------- - - - - --
X. Percentage Goals ------------------------- - - - - --
A) Goals ---------------------------------------
B) Method of Counting MBE Participation -- - - - - --
XI. Contractors - Procedures and Responsibility - - --
A) Good -Faith Efforts --------------------------
B) Contractor Language -------------------------
C) Contractor Compliance -----------------------
XII. Minority of Women Owned Banks ------------------
XIII. Set Asides ------------------------------- - - - - --
XIV. Transit Vehicle Manufacturers ------------------
XV. Maintenance of Records and Reports ------- - - - - --
XVI. Compliance and Enforcement ---------------------
XVII. Appendices
A) Schedules A, B and C.
B) Resolution
C) MBE Utilization
D) Reporting Forms
E) FY1984 Annual Goals
Page No.
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I. GENERAL
A. PURPOSE
The purpose of this plan is to set forth the objectives for
implementation of the Department of Transportation policy of
supporting the fullest possible participation of firms owned and
controlled by socially and economically disadvantaged individuals,
(DBE's) in Department of Transportation programs. This includes
assisting DBE's throughout the life of contracts in which they
participate.
B. APPLICABILITY
This part applies to any Urban Mass Transportation Administration of
the U.S. Department of Transportation program through which funds
are made available to the City of Pueblo, Colorado for accomplishing
DOT purposes.
This plan will apply to contracts and grants as follows:
1. For funds in excess of $250,000 exclusive
of transit vehicle purchases under
Section 3, 5, 9, 9a, and 17 of the
Urban Mass Transportation Act of 1964,
as amended and Federal -Aid Urban
Systems. This does not include
planning funds under Section 9 and 9a.
2. For funds in excess of $100,000 under
Section 6 and 8 of the Urban Mass
Transportation Act of 1964, as amended.
C. DISCRIMINATION PROHIBITED
No persons shall be excluded from participation in, denied the
benefits of, or otherwise discriminated against in connection with
the award and performance of any contract covered by this part on
the grounds of race, color, national origin or sex.
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II. POLICY STATEMENT
MINORITY BUSINESS ENTERPRISE PLAN
CITY OF PUEBLO, COLORADO
By the authority of the Federal Register - "49 CFR, Part 23,"
"Participation by Minority Business Enterprises in Department of
Transportation Programs," and as elected and appointed officials of
the City of Pueblo, Colorado, this policy statement expresses the
City's committment to the Minority Business Enterprise Program to
carry out the U.S. Department of Transportation's policy of
supporting the fullest possible participation of firms owned and
controlled by socially and economically disadvantaged individuals.
This policy statement shall be circulated throughout the City of
Pueblo and to minority, female, and nonminority community and
business organizations.
To this end, the City Council of the City of Pueblo, Colorado has
appointed the Transportation Coordinator of the City of Pueblo to be
the reponsible official to administer and enforce the plan.
Policy Objectives
[a] To insure that MBE's have an equitable
opportunity to compete for contracts
and subcontracts.
[b] To publish a comprehensive MBE
Directory to facilitate identifying
MBE's with capabilities relevant to
DOT contracting requirements and to
particular solicitation.
[c] Acertain eligibility of MBE's and
joint ventures involving MBE's to
insure that MBE program benefits
only firms owned and controlled by
minorities and women.
[d] To establish reasonable percentage
goals for the dollar value or work
to be awarded to MBE's. Both
overall annual goals for the MBE
program and contract goals for
specific prime contracts with
subcontracting possibilities shall
be established.
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[e] To establish solicition, award and
contract administration procedures
that will insure either that goals
are met or that sufficient
reasonable efforts are taken to meet
goals.
,A2
M e Sal r i o
President of City Council
Da te: Jl�__A- _._ / d4
ohn Bramble, City Manager
1 �
Ma an D. Me d, City Clerk
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III. DEFINITIONS
1. Act means the Surface Transportation Assistance Act of 1982.
2. Affirmative Action means taking specific steps to eliminate
discrimination and its effects to ensure nondiscriminatory
results and practices in the future and to involve
disadvantaged business enterprises in contracts and programs
funded by the Department.
3. Applicant means one who submits an application request or plan
to be approved by a Department official or by a primary
recipient as a condition to eligibility for DOT financial
assistance; and "application" means such an application request
or plan.
4. Compliance means the conditions existing when a recipient or
contractor has met and implemented the requirements of this
part.
5. Contract means the mutually binding legal relationship or any
modification thereof obiligating the seller to furnish supplies
or services including construction and the buyer to pay for
them. For purposes of this part a lease is a contract.
F. Contractor means one who participates through a contract or
subcontract in any program covered by this part and included
lessees.
7. Department of DOT means the Department of Transportation
including its Urban Mass Transportation Administration.
8. Disadvantage Business means a small business concern: (a) Which
is at least 51 percent owned by one or more socially and
economically disadvantaged individuals, or, in the case of a
publicly owned business, at least 51 percent of the stock of
which is owned by one or more socially and economically
disadvantated individuals; and (b) whose management and daily
business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
9. DOT- Assisted Contract means any contract or modification of a
contract between a recipient and a contractor which is paid for
in whole or in part with DOT financial assistance or any
contract or modification of a contract between a recipient and
a lessee.
10. DOT Financial Assistance means financial aid provided by the
Department to a recipient but does not include a direct
contract. The financial aid may be provided directly in the
form of actual money, or indirectly in the form of guarantees
authorized by statute as financial assistance services of
Federal personnel title or other interest in real or personal
property transferred for less than fair market value of any
other arrangement through which the recipient benefits
financially including licenses for the construction or
operation of Deep Water Port.
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11. Department of Element means the following part of DOT:
a. The Urban Mass Transportation Administration (UMTA).
12. Joint Venture means an association of two or more businesses to
carry out a single business enterprise for profit for which
purpose they combine their property, capital, efforts, skills
and knowledge.
13. Lessee means a business or person that leases, or is
negotiating to lease property from a recipient or the
Department on the recipient's or Department's facility for the
purpose of operating a transportation - related activity or for
the provision of goods or services to the facility or to the
public on the facility.
14. MBE Coordinator means the official designated by the head of
the Department element to have overall responsibility for
promotion of disadvantaged business enterprise in his /her
Department element.
15. Noncompliance means the condition existing when a recipient or
contractor has failed to implement the requirements of this
part.
16. Primary recipien is a recipient who receives DOT financial
assistance and passes some or all of this assistance on to
another recipient.
17. Program means any undertaking by a recipient to use DOT
financial assistance, and includes the entire activity any part
of which received DOT financial assistance.
18. Recipient means any entity, public or private, to who DOT
financial assistance is extended; directly or through another
recipient for any program.
19. Secretary means the Secretary of Transportation or any person
who he /she has designated to act for him /her.
20. Set Aside means a technique which limits consideration of bids
for proposals to those submitted by DBE.
21. Small business concern means a small business as defined
pursuant to Section 3 of the Small Business Act and regulations
promulgated pursuant thereto.
22. Socially and economically di sadvantaged individuals means those
individuals who are citizens of the United States (or lawfully
admitted permanent residents) and who are Black Americans,
Hispanic Americans, Native Americans, Asian - Pacific Americans,
or Asian - Indian Americans and any other minorities or
individuals found to be disadvantaged by the Small Business
Administration pursuant to Section 8[a] of the Small
BusinessAct. Recipients shall make a rebuttable presumption
that
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individuals in the following groups are socially and
economically disadvantaged. It may also be determined, on a
case -by -case basis, that individuals who are not a member of
one of the following groups are socially and economically
disadvanaged.
[a] "Black American ", which includes persons having
origins in any of the Black racial groups of
Africa;
[b] "Hispanic American ", which includes persons
of Mexican, Puerto Rican, Cuban, Central or
South American, or other Spanish culture or
origin, regardless of race;
[c] "Native American ", which includes persons who
are American Indians, Eskimos, Aleuts, or
Native Hawaiians;
[d] "Asian- Pacific Americans ", which includes
persons whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the
Philippines, Samora, Guam, the U.S. Trust
Territories of the Pacific, and the Northern
Marianas; and
[e] "Asian- Indian Americans ", which includes
persons whose origins are from India,
Pakistan, and Bangladesh.
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IV. LIAISON OFFICER
2. MBE Liaison /Coordinator Officer
The Transportation Coordinator, Mr. Eric L. Bracke, of the City of
Pueblo's Department of Transportation has been designated the MBE
Liaison Officer. The MBE Liaison Officer shall report directly to
the Director of the Pueblo Department of Transportation, Harold E.
Bastin, who in turn reports directly to the Pueblo City Manager,
John Bramble. The Transportation Coordinator has been granted full
authority and responsibility for developing, managing and
implementing the MBE program on a day to day basis; and for
disseminating information on available business opportunities so
that MBE's are provided an EQUITABLE opportunity to bid on the
applicant's contracts.
The MBE Coordinator:
- Maintains a current registry of minority businesses
qualified or qualifiable to perform as contractors and
subcontractors.
- Submits to minority contractors formal "Invitations to Bid"
on projects, goods and services as they become available.
- Encourages bid solicition from MBEs; establish sufficient
lead -time from the "request for bid" date to the date of bid
opening with a 20 day spread being the minimum.
- Advertises "Invitations to Bid" in various minority and
female news media.
- Meets with contractors, subcontractors and community action
groups to discuss procedures and policies with regard to
Minority Business Enterprise.
- Participates in pre -award and pre - construction conferences
to outline and review requirements and responsibilities of
contractors as they relate to participation in federally
funded projects.
- Distributes list of minority businesses to construction
contractors at pre -award and pre- construction conferences.
- Provides assistance to MBEs in overcoming barriers such as
the inability to obtain bonding, financing or technical
assistance.
- Provides information concerning insurance and bonding
necessary to carry out City projects for both potential and
actual contractors and subcontractors.
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Monitors purchasing activities and initiates steps to modify
purchasing regulations as required to achieve MBE goals and
objectives.
Where allowable, encourages prime contractors to waive
separate subcontractors bonding /insurance requirements.
Assures the legitimacy of MBEs for participation as bidders,
in partnerships and joint ventures. This procedure complies
with instructions of 49 CFR, Part 23.
Convenes seminars for small businesses and minority
businesses on a semi - annual basis to discuss MBE
requirements and respond to questions and concerns.
Maintain records indicating special efforts used to identify
and award contracts to MBEs.
Tracks MBE participation until work is completed and final
payment made.
Prepares quarterly MBE reports and other forms, as required,
by UMTA.
Makes available to UMTA pertinent records and reports, as
required.
Shall ensure that appropriate staff are familiar with the
requirements of 49 CFR Part 23 and the City's MBE plan.
The Director of Pueblo Department of Transportation shall meet
periodically with the MBE Coordinator to: (1) review implementation
of the Plan, (2) ascertain the progress and achievements of the
program, (3) identify problems and /or deficiencies, and (4) make
recommendations to the City Council concerning changes and
improvements in the program.
IM
V. PROCEDURES TO ENSURE MBE'S HAVE AN EQUITABLE OPPORTUNITY
In addition to the procedures listed in Section IV - Liaison
Officer, the City of Pueblo shall implement the following procedures
to ensure MBE maximum opportunity:
1. Provide to MBE's projected procurement information or
contracting schedules.
2. Allow MBE's to review and evaluate successful bids and /or
documents of similar procurements.
3. Use briefing sessions to explain why certain bids or
proposals were successful or unsuccessful.
4. Provide instruction on job performance requirements.
5. Identify bidders and proposers to MBE community in a timely
manner.
VI. MBE DIRECTORIES
The City of Pueblo will maintain a current MBE vendor file with
information as to date of certification, type of business, and
business size.
The existing City of Pueblo MBE Directory of contractors and
subcontractors will be revised when needed.
In addition, the City of Pueblo will utilize national, State and
local resources, such as the Minority Contractors Directory, Program
Management Centers, SBA's Minority Business Development Centers,
Directory of Minority and Women -Owned Architectural and Engineering
Firms.
The MBE Coordinator will share these directories and resources with
all contractors and any other agency upon request for their use in
soliciting bids from MBE subcontractors.
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VII. MBE ELIGIBILITY /CERTIFICATION
The City of Pueblo shall use Schedules A, B, and C (Appendix 1) to
certify firms for participation as MBE in projects and /or
procurements. The schedule shall be signed and notarized. MBE's or
prime contractors shall submit the required schedule with the bid or
proposal.
The following standards shall be used by the City of Pueblo
indetermining whether a firm is owned and controlled by one or more
socially and economically disadvantaged individuals or women and
whether it shall be eligible to be certified.
1. The City of Pueblo presumes that bona fide disadvantaged
group membership as a Black American, Hispanic American,
Native American Indian, Asian - Indian American constitutes
social and economic disadvantage. Persons certified under
Section 8[a] of the Small Business Act are also defined as
socially and economically disadvantaged.
2. Bona fide disadvantaged group membership shall be
established on the basis of the individual's claim that he
or she is a member of a disadvantaged group and is so
regarded by that particular disadvantaged community.
However, the City of Pueblo is not required to accept this
claim if it determines the claim to be invalid.
3. An eligible DBE or WBE under this part shall be an
independent business. The ownership and control by
socially and economically disadvantaged individuals 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. The disadvantaged or women
owners shall enjoy the customary incidents of ownership and
shall share in the risks and profits comensurate with their
ownership interests, as demonstrated by an examination of
the substance rather than form of arrangements.
Recognition of the business as a separate entity for tax
or corporate purposes is not necessarily sufficient for
recognition as a disadvantaged or women's business. In
determining whether an applicant is an independent
business, the City of Pueblo 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 - disadvantaged firms vary from
industry practice.
4. The disadvantaged or women owners shall also possess the
power to direct or cause the direction of the management
and policies of the firms 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
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of the disadvantaged 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
disadvantaged or women owners, without the cooperation or
vote of an owner who is not disadvantaged or a woman, from
making a business decision of the firm.
5. If the owners of the firm who are not disadvantaged
individuals or women are disproportionately responsible for
the operation of the firm, then the firm is not controlled
by disadvantage persons or women and shall not be
considered a DBE or WBE within the meaning of this part.
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 purposes of this part, be considered as controlling the
business.
6. All securities which constitute ownership and /or control of
a corporation for purpose of establishing it as a DBE or
WBE under this part shall be held directly by disadvantaged
persons or women. No securities held in trust, or by any
guardian for a minor shall be considered as held by
disadvantaged persons or women in determining the ownership
or control of a corporation.
7. The contributions of capital or expertise by the
disadvantaged or women 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 owner who are
not socially and economically disadvantaged, or the mere
participation as an employee rather than as a manager.
In addition to the above standards, the City of Pueblo will give
special consideration to the following circumstances in determining
eligibility under this part.
[a] Newly formed firms and firms whose ownership and/
or control has recently changed are closely
scrutinized to determine the reasons for the
timing of the formation of or change in the
firm.
[b] A previous and /or continuing employer- employee
relationship between or among present owners or
owners' family members is carefully reviewed to
ensure that the employee -owner has management
responsibilities and capabilities discussed in
this section.
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[c] Any relationship between a DBE or WBE and
another business which is not a DBE or WBE which
has an interest in the DBE /WBE is carefully
reviewed to determine if the interest of the
other business conflicts with the ownership and
control requirements of this section.
A joint venture is eligible under this part if the DBE /WBE partner
of the joint venture meets the standards for an eligible DBE /WBE set
forth above and the DBE /WBE 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.
A business wishing to be certified as a DBE /WBE or joint venture by
the Department shall cooperate with the City of Pueblo in supplying
additional information which may be requested in order to make a
determination.
Other small business concerns may be certified as disadvantaged
businesses if the individuals owning and controlling such firms are
determined by the City of Pueblo to be socially and economically
disadvantaged.
Once certified, a MBE shall update its submission with a new MBE
form when any time there is a change in ownership or control of the
firm.
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VIII. STANDARDS OF DETERMINATION OF SOCIAL
AND ECONOMIC DISADVANTAGED
The following standards will be used by the City of Pueblo in:
[a] Cases where the individual(s) have made application for
certification as a Disadvantaged Business Enterprise and
the individual(s) are not members of any of the minority
groups enumerated in the definition of "socially and
economically disadvantaged individuals," or
[b] Cases where a third party has challenged the eligibility
of individuals who have been certified by the City of
Pueblo or who have requested such certification, or
[c] Cases where a City of Pueblo field audit of a firm's DBE
or WBE certification has revealed new or previously
undisclosed information relating to the social and
economic disadvantage of the owner(s).
In making determination of social and economic disadvantage, the
City of Pueblo will be guided by the following standards:
[a] The individual's social disadvantage must stem from his or
her color, national origin , gender, physical handicap,
long -term residence in an environment isolated from the
mainstream of American society, or other similar cause
beyond the individual's control. The individual cannot
establish social disadvantage on the basis of factors
which are common to small business persons who are not
socially disadvantaged.
[b] The individual must demonstrate that he or she has
personally suffered social disadvantage, not merely claim
membership in non - designated groups which could be
considered socially disadvantaged. In assessing such
facts, the City of Pueblo will consider prior
administrative or judicial findings of discrimination
experienced by the individual. Such findings, however,
are not necessarily conclusive evidence of an individual's
social disadvantage; nor are they a prerequisite for
establishing social disadvantaged.
[c] The individual's social disadvantage must be rooted in
treatment which he or she has experienced in American
society, not in other countries.
[d] The individual's social disadvantage must be chronic,
long- standing, and substantial, not fleeting or
insignificant. Typically, a number of incidents
illustrating a person's social disadvantaged, occurring
over a substantial period of time, would be necessary to
make a successful claim.
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[e] The individual's social disadvantaged must have negatively
affected his or her entry into, and /or advancement in, the
business world.
A. EVIDENCE OF SOCIAL DISADVANTAGE
The City of Pueblo will accept any relevant evidence in support of
an individual's claim of social disadvantage. In addition to a
personal statement from the individual claiming to be socially
disadvantaged, such evidence may include, but is not limited to:
third party statements; copies of administrative or judicial
findings of discrimination; and other documentation in support of
matters discussed in the personal statement. The City of Pueblo
will particularly consider and place emphasis on the following
experiences of the individual, where relevant; education,
employment, and business history. However, the individual may
present evidence relating to other matters as well.
[1] Education: The City of Pueblo will consider, as
evidence of an individual's social
disadvantage, denial of equal access to
business or professional schools; denial of
equal access to curricula; exclusion from
social and professional association with
students and teachers; denial of education
honors; social patterns or pressures which
have discouraged the individual from pursuing
a professional or business education; and
other similar factors.
[2] Employment: The City of Pueblo will consider,
as evidence of an individual's social
disadvantage, discrimination in hiring;
discrimination in promotions and other aspects
of professional advancement; discrimination
other terms and conditions of employment;
retaliatory behavior by an employer; social
patterns or pressures which have channeled the
individual into non - professional or non -
busines fields; and other similar factors.
[3] Business History: The City of Pueblo will
consider, as evidence of an individual's
social disadvantage, unequal access to credit
or capital; acquistion of credit under
unfavorable circumstances; discrimination in
receipt (award and /or bid) of government
contracts; discrimination by potential
clients; exclusion from business or
professional organizations; and other similar
factors which have retarded the individual's
business development.
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B. ECONOMIC DISADVANTAGE
The City of Pueblo will make a determination of social disadvantage
before proceeding to make a determination of economic disadvantage.
As a general rule, economically disadvantaged individuals are
socially disadvantaged individuals whose ability to compete in the
free enterprise system has been impaired due to diminished capital
and credit opportunities, as compared to others in the same or
similar line of business and competitive market area who are not
socially disadvantaged. In determining the degree of diminished
credit and capital opportunities of a socially disadvantaged
individual, consideration will be given to both the disadvantaged
individual and the applicant firm with which he or she is
affiliated.
The test is disadvantaged as compared to bueinss owners who are not
socially disadvantaged individuals and firms owned by such
individuals.
It is the responsibility of applicant firms and their owners to
provide information to the City of Pueblo about their economic
situation when they seek eligibility as disadvantaged businesses.
The City of Pueblo will make a basic judgement about whether the
applicant firm and its socially disadvantaged owner(s) are in a more
difficult economic situation than most firms (including established
firms) and owners who are not socially disadvantaged.
C. OTHER ELIGIBILITY CONSIDERATIONS
It is very important for applicants to realize that making a
determination of social and eocnomic disadvantage, standing alone,
does not mean that a firm is eligible. The City of Pueblo must also
determine that the firm is 51 percent owned by socially and
economically disadvantaged individuals and that these individuals
control the firm.
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IX. CHALLENGE PROCEDURE
A. THIRD PARTY CHALLENGES
1. Any third party may challenge the socially and economically
disadvantaged status of any individual (except an individual who
has a current 8[a] certification from the Small Business
Administration) presumed to be socially and economically
disadvantaged if that individual is an owner of a firm certified
by or seeking certification from the City of Pueblo as a
disadvantaged business. The challenge shall be made in writing
to the City of Pueblo.
2. With its letter, the challenging party shall include all
information available to it relevant to a determiniation, of
whether the challenged party is in fact socially and
economically disadvantaged.
3. The City of Pueblo shall determine, on the basis of the
information provided by the challenging party, whether there is
reason to believe that the challenged party is in fact not
socially and economically disadvantaged.
a] If the City of Pueblo determines that there is not
reason to believe that the challenged party is
not socially and economically disadvantaged the
City of Pueblo shall inform the challenging party
in writing. This terminates the proceeding.
b] If the City of Pueblo determines that there is
reason to believe that the challenged party is
not socially and economically disadvantaged, the
City of Pueblo shall begin a proceeding as
provided in paragraphs [4], [5], and [6] of this
section.
4. The City of Pueblo shall notify the challenged party in writing
that his or her status as a socially and economically
disadvantaged individual 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 to the recipient, within a reasonable time,
information sufficient to permit the recipient to evaluate his
or her status as a socially and economically disadvantaged
individual.
5. The City of Pueblo shall evaluate the information available to
it and make a proposed determination of the social and economic
disadvantage of the challenged party. The City of Pueblo shall
notify both parties of this proposed determination in writing,
setting forth the reasons for its proposal. The City of Pueblo
shall provide an opportunity to the parties for an informal
hearing, at which they can respond to this proposed
determination in writing and in person.
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6. Following the informal hearing, the City of Pueblo shall make a
final determination. The City of Pueblo shall inform the
parties in writing of the final determination, setting forth the
reasons for its decision. The City of Pueblo will also inform
the parties of their right to appeal the decision to the U.S.
DOT.
7. In making the determinations called for in the above paragraphs
the City of Pueblo shall use the standards set forth in Part
VIII.
8. During the pendancy of a challenge under this section, the
presumption that the challenge party is a socially and
economicblly disadvantaged individual shall remain in effect.
B. DECERTIFICATION
The City of Pueblo may also decertify a previously certified
minority or women's business. This decertification process will be
based on field audits of minority or women's businessess or other
information which indicate one or more of the following conditions
exist:
1. The business is not, in fact, owned or controlled by
minorities or women.
2. Misstatements or misrepresentations are found to
have been made on Schedule A, B, C or on
supporting documents which accompany Schedule A or
B .
3. Unreported or unacceptable changes in ownership or
control of the firm have been made since the
original certification.
Upon a finding by the City of Pueblo that a firm is no longer
eligible for certification as a minority or women's business, the
City of Pueblo will notify the firm in writing of its intention to
revoke certification. Such notification will include an explanation
of the reasons for this decision. The firm will also be notified of
its opportunity to request an informal hearing relative to the
finding and determination. Failure of the business to request a
hearing within ten (10) days will be viewed as concurrence in the
City of Pueblo's decision.
A final decision regarding decertification will be made within five
(5) days of the informal hearing or within fifteen (15) days of the
first written notification if there has been no response.
The final decision will be in writing and effective upon issuance.
A copy of the final decision will be provided to the affected firm,
appropriate Department and U.S. DOT officials, affected prime
contractors, contractors associations, and others as deemed
necessary.
A firm that has been decertified will also be informed of its right
to appeal the decision to the Secretary, U.S. DOT per 49 CFR Part
23, Section 23.55 - Appeals of Denials of Certification as an MBE.
X. PERCENTAGE GOALS
A. GOALS
The City of Pueblo will establish two (2) types of MBE goals:
1. Overall annual DBE /WBE goals for its entire MBE program for
a specified period of time for a specific project, and
2. Contract goals on each specific prime contract with
subcontracting possibilities, which the bidder or proposer
must meet or exceed or demonstrate that it could not meet
despite its best efforts.
At the time the City of Pueblo submits its overall goals to the
Department for approval, the City shall publish a notice announcing
these goals, informing the public that the goals and descriptions of
how they were selected are available for inspection during normal
business hours at the City Clerk's office for 30 days following the
date of the notice and that the Department and City will accept
comments on the goals for a period of 45 days from the date of the
notice. The notice shall include addresses to which comments may be
sent, and shall be published in general circulation media and
available minority focus media and trade association publications
and shall state that comments are for informational purposes only.
The City shall meet separate overall and contract goals for firms
owned and controlled by socially and economically disadvantaged
individuals and firms owned and controlled by women.
The City shall consider the following factors in setting overall
goals:
1. Overall goals shall be based on projections of the number
and type of contracts to be awarded and the number and types
of DBE's likely to be available to compete for contracts
from the City over the period during which the goals will be
in effect.
2. Overall goals shall also be based on past results of the
applicants /City's efforts to contract with DBEs and the
reasons for the high or low level of those results.
The City shall review the overall goals at least annually. The
review process shall analyze projected versus actual DBE
participation during the previous year. Revisions of the overall
goals shall be made based on the analysis and submitted to the
Department by August 1 of each year.
Goals shall be set for specific contracts based on the known
availability of qualified MBEs.
The City shall seek DBE's in the same geographic area in which they
seek contractors or subcontractors generally for a given solicitions
and if necessary as part of its efforts to meet the goal shall
expand its search to a reasonable wider geographic area.
The resolution adopting the overall goals is found in Appendix B.
B. METHOD OF COUNTING MBE PARTICIPATION
1. All MBEs are subject to the certification procedure prior to the
award of contract. In order to facilitate this process it is
advisable for the bidder to furnish names or purposed MBEs to
the MBE Liaison Officer, the total dollar value of the contract
awarded to the MBE is counted toward the applicable DBE goals.
2. The total dollar value of a contract to an MBE owned and
controlled by both minority males and nonminority female 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 bidder employing the firm may choose the goal to
which the contract value is applied.
3. The bidder may count toward its MBE goal a portion of the total
dollar value of a contract with a joint venture eligible under
the standards described above equal to the percentage of the
ownership and controls of the MBE partner in the joint venture.
4. [a] The bidder may count toward its MBE goal only expenditures
to MBE's 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 managing and
supervising the work involved. To determine whether bidder
shall evaluate the amount of work subcontracted, industry
practices and other relevant factors will be utilized.
[b] Consistent with normal industry practices, a MBE may not
enter into subcontracts a significantly greater portion of
the work of the contract than would be expected on the
basis of normal industry practices. In occurances of the
foregoing the MBE shall be presumed not be performing a
commercially useful function. The MBE may present evidence
to rebut this presumption to the MBE Liaison Officer. The
same decision on the rebuttal of this presumption is
subject to review by the Department of Transportation.
5. The bidder may count toward its MBE goals expenditures for
materials and supplies obtained from DBE suppliers and
manufacturers, provided that the DBEs assume the actual and
contractual responsibility for the provision of the materials
and supplies.
[a] The bidder may count its entire expenditures to an MBE
manufacturer (i.e., supplier that produces goods from raw
materials or substantially alters them before resales).
[b] The bidder may count 20 percent of its expenditures to MBE
suppliers that are not manufacturers, provided that the MBE
supplier performs a commercially useful function in the
supply process.
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h. The contractor is advised that failure to carry out the
requirements set forth in the applicable Federal Reegulations
shall constitute a breach of contract and, after the
notification of the City of Pueblo, may result in termination of
the agreement or contract by the City of Pueblo or such remedy
as the MBE Liaison Officer deems appropriate.
7. A MBE Liaison Officer must be designated by the Contractor to be
responsible for implementation of the Contractors MBE Program.
The name and qualification (resume) are to accompany the bid.
8. See Appendix C for more details on counting MBE participation.
-21-
XI. CONTRACTORS- PROCEDURES AND RESPONSIBILITY
For all contracts for which contract goals are established, the City
of Pueblo will, in the solicitation, inform competitors that the
apparent successful competitor will be required to submit MBE
participation information to the City of Pueblo in accordance with
the requirements established by the City of Pueblo.
The apparent successful competitor's submission will include the
following information.
1. The names and addresses of MBE firms that will
participate in the contract.
2. A description of work each named MBE firm will
perform.
3. The dollar amount of participation by each
named MBE firm.
If the MBE participation submitted does not meet the City of Pueblo
MBE contract goals, the apparent successful competitor shall satisfy
the City of Pueblo that the competitor has made good faith efforts
to meet the goals, by completing the Certification of Good Faith
Efforts.
A. GOOD FAITH EFFORTS
The following factors are used to make determination of good faith
efforts by a contractor:
1. Whether the contractor attended any pre - solicition or pre -
bid meetings that were scheduled by the recipient to inform
MBEs of contracting and subcontracting opportunities.
2. Whether the contractor advertised in general circulation,
trade association, and minority -focus media concerning the
subcontracting opportunities.
3. Whether the contractor provided written notice to a
reasonable number of specific MBEs that their interest in
the contract was being solicited, in sufficient time to
allow the MBEs to participate effectively.
4. Whether the contractor followed up initial solicitations of
interest by contracting MBEs to determine with certainty
whether the MBEs were interested.
5. Whether the contractor selected portions of the work to be
performed by MBEs in order to increase the likelihood of
meeting the MBE goals (including, where appropriate,
breaking down contracts into economically feasible units to
facilitate MBE participation).
-22-
6. Whether the contractor provided interested MBEs with adquate
information about the plans, specifications and requirements
of the contract.
7. Whether the contractor negotiated in good faith with
interested MBEs not rejecting MBEs unqualified without sound
reasons based on a thorough investigation of their
specifications.
8. Whether the contractor made efforts to assist interested
MBEs in obtaining bonding, lines of credit, or insurance
required by the recipients or contractor, and
9. Whether the contractor effectively used the services of
available minority community organizations: minority
contractors' groups; local, state and federal minority
business assistance offices; and other organizations that
provide assistance in the recruitment and placement of MBEs.
The MBE Coordinator will review the data submitted under this
section, to determine whether the MBE requirements have been
satisfied through good faith efforts.
B. CONTRACTOR LANGUAGE
The City of Pueblo will include the following paragraphs in
agreements between the City of Pueblo and any subrecipient, and in
all subsequent UMTA assisted contracts and subcontracts: (Copy of
contract(s) is shown in Appendix C).
1. "Policy. It is the policy of the Department of
Transportation that minority business enterprises are
defined in 49 CFR Part 23 shall have the maximum opportunity
to participate in the performance of contracts financed in
whole or in part with Federal funds under this agreement.
Consequently the MBE requirements of 49 CFR Part 23 apply to
this agreement."
2. "MBE Obligation. The City of Pueblo or its contractor
agrees to ensure that minority business enterprises as
defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided
under this agreement. In this regard the City of Pueblo and
its subrecipients, contractors, and subcontractors shall
take all necessary and reasonable steps in accordance with
49 CFR Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform
contracts. The City of Pueblo and their contractors shall
not discriminate on the basis of race, color, national
origin, or sex in the award and performance of DOT- assisted
contracts."
-23-
The City of Pueblo MBE Plan is hereby incorporated by reference.
This program shall be treated as a legal obligation and failure to
carry out the MBE program requirements shall be treated as a
violation of this financial agreement, and may result in termination
of the agreement or contracts, or such remedy as the City of Pueblo
deems appropriate.
C. CONTRACTOR COMPLIANCE
The City of Pueblo shall require all contractors to submit MBE
participation and award of the contract shall be conditioned upon
satisfaction of the requirements.
The apparent successful competitor's submission shall include the
following information:
1. The names and addresses of MBE firms that will participate
in the contract.
2. A description of the work each named MBE firm will perform.
3. The dollar amount of participation by each named MBE firm.
If the apparent successful competitor does not meet the specified
goals, he /she will submit the required documentation of good faith
effort within five days after bids have been opened.
-2.4-
XII. MINORITY OR WOMEN OWNED BANKS
To date no minority or women owned banks are located in the State of
Colorado. If the City of Pueblo locates a minority or women owned
bank, all efforts will be made to utilize their services.
-25-
XIII. SET ASIDES
It has been determined that current State and local law preclude the
use of set - asides since the lowest and most responsive bid must be
accepted. This conclusion is based on Section 7 -29 of the Charter
of the City of Pueblo and Section 31 -15 -712 C.R.S.
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XIV. TRANSIT VEHICLE MANUFACTURERS (TVM)
The City of Pueblo agrees to require each transit vehicle
manufacturer, as a condition to being authorized to bid on transit
vehicle procurements in which UMTA funds are utilized, a
certification that it has complied with the requirements of 49 CFR
Part 23, Section 23.67, and in accordance it has submitted to UMTA
annual percentage overall goals for DBE /WBE, and to date these goals
have not been disapproved.
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XV. MAINTENANCE OF RECORDS AND REPORTS
The City of Pueblo, in order to monitor the progress of its MBE
program shall develop a record keeping system which will identify
and assess MBE contract awards, prime contractors' progress in
achieving MBE subcontract goals and other MBE affirmative actions
efforts. The City shall maintain records showing:
1. Procedures which have been adopted to comply with the
requirements;
2. Awards to MBEs. These awards shall be measured against
projected MBE awards or MBE goals. To assist in this effort,
the City shall obtain regular reports from prime contractors on
their progress in meeting contractual MBE obligations;
3. Specific efforts to identify and award contracts to MBEs;
4. Records shall be available upon the request of an authorized
officer or employee of the government; and
5. The City shall submit reports conforming in frequency and format
to existing contract reporting requirements of the applicable
departmental element. Where no such contract reporting
requirement exist, MBE reports shall be submitted quarterly.
These reports shall include as a minimum:
[a] The number of contracts awarded to MBEs;
[b] Description of the general categories of contracts awarded
to MBEs;
[c] The UMTA dollar value of contracts awarded to MBEs;
[d] The percentage of the dollar value of all contracts awarded
during this period which were awarded to MBEs; and
[e] Indication of whether and the extent of which the
percentage met or exceeded the goals specified in the
application.
The records and reports required by this section provide information
relating to firms owned and controlled by DBE's spearately from
information relating to firms owned and controlled by women. If
records and reports include any contractors that are not DBE and
women, information concerning these contractors shall also be
recorded and reported separately.
Quarterly report forms are found in Appendix D.
CKM
XVI. COMPLIANCE AND ENFORCEMENT
A. COMPLAINTS
Any person who believes himself or herself, another person or any
specific class of individuals to be subjected to a violation of this
policy may file a complaint in writing, signed and dated with the
Department. The complaint shall be filed no later than 180 days
after the date of an alleged violation or the dates on which
continuing course of conduct in violation of this policy was
disclosed.
No recipient, contractor or other person shall intimidate, threaten,
coerce, or discriminate against any individual for the purpose of
interfering with any right or privilege secured by this part
orbecause he or she made a complaint, testified, assisted or
participated in any manner in an investigation, proceeding or
hearing under this part. The identity of complaints shall be kept
confidential at their election during the conduct of any
investigation, proceeding or hearing under this part. But when such
confidentiallity is likely to hinder the investigation, the
complainant shall be advised for the purpose of waiving the
privilege.
B. COMPLIANCE REVIEWS
All compliance reviews conducted after financial assistance has been
approved or contracts have been awarded begin with a desk audit.
The desk audit is a review of all material and information
concerning the City's DBE performance.
An on site review includes interviews, visits to projects or
facility sites receiving DOT funds and inspection of any statistical
or documentary materials relevant to the City's performance which
were not available during the desk audit.
The City shall cooperate fully with these reviews. Failure or
refusal to furnish requested information or failure to cooperate is
a violation of this part.
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APPENDIX A
Certification Forms
-A -1-
Schedule A - Information for Determining
Disadvantaged Business Enterprise Eligibility
1. Name of Firm
2. Address of Firm
3. Phone Number of Firm
4. Indicate whether firm is sole proprietorship, partnership, joint venture, corporation
or other business entity (please specify)
5. Nature of firm's business
6. Years firm has been in business
7. Ownership of firm: Identify those who own 5 percent or more of the firm's ownership.
Columns e and f need be filled out only if the firm is less than 100 percent
minority owned.
a b c d e f
Name Race Sex Years of Ownership Voting
Ownership percentage percentage
With firms less than 100 percent minority owned,list the contributions of money,
equipment, real estate, or expertise of each of the owners.
8. Control of firm: [a] Identify by name, race, sex, and title in the firm those
individuals (including owners and nonowners) who are responsible for day -to -day
management and policy decisionmaking, including but not limited to, those with
prime responsibility for:
(1) Financial decisions
(2) Management decisions, such as -
a. Estimating
b. Marketing and sales
C. Hiring and firing of management personnel
d. Purchase of major items or supplies
(3) 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 or her.
10. Describe or attach a copy of any stock options or other ownership options that are
outstanding, and any agreement between owners or 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 in or
a present business relationship with the name firm. Present business relationships
include shared space, equipment, financing, or employees as well as both firms
having some of the same owners.
low Imi
12. What are the gross receipts of the firm of each of the last two years?
Year ending
Year ending
13. Name of bonding company, if any:
Bonding limit:
Source of letters of credit, if any:
14. Are you authorized to do business in the State as well as locally, including all
necessary business licenses?
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 DBE and describe the
circumstances. Indicate the name of the certifying authority and the date of such
certification or denial.
Affidavit
"The undersigned swears that the foregoing statements are true and correct and include
all material information necessary to identify and explain the operation of
(name of firm) as well as the ownership thereof. Further, the undersigned agrees to provide
through the prime contractor or, if no prime, directly to the grantee i current, complete and
accurate information regarding actual work performed on the project, the payment thereof and
any proposed changes, if any, of 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 law concerning false
statements."
Note - 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
change in the information submitted, you must inform the grantee of the change
through the prime contractor, if no prime contractor, inform the grantee directly.
Signature
Name
Title
Date
Corporate Seal [where appropriate]
Date
State of
County of
On this day of , 19 _, before me appeared [Name]
, to me personally known, who, being duly sworn, did
execute the foregoing affidavit, and did state that he or she was properly
authorized by [Name of firm]
to execute the affidavit and did so as his or her free act and deed.
[Seal]
Notary Public
Commission Expires
Schedule B- Information For Determining
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 of joint venture
3. Phone number of joint venture
4. Identify the firms which comprise the joint venture. (The DBE partner must
complete Schedule A)
(a) Describe the role of the DBE firm in the joint venture
(b) Describe very briefly the experience and business qualifications of each
non -DBE joint venture
5. Nature of the joint venture's business
6. Provide a copy of the joint venture agreement.
7. What is the claimed percentage of DBE 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 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 and Firing of management personnel
(4) Purchasing of major items or supplies
(c) 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 grantee, either directly or
through the prime contractor if the joint venture is a subcontractor.
Affidavit
"The undersigned swear that the foregoing statements are correct and include all
material information necessary to identify and explain the terms and operation of our
joint venture and the intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to the grantee current, complete
and accurate information regarding actual joint venture work and the payment therefore
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, or those of
each joint venturer relevant to the joint venture, by authorized representatives of
the grantee or the Federal funding agency. 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."
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 (Name)
to me personally known, who, being duly sworn, did execute the foregoing affidavit,
and did state that he or she was properly authorized by (Name of Firm)
to execute the affidavit and did so as his or her free act and deed.
Notary Public
Commission Expires
(Seal)
. I Idll�l IIILII �11I
Date
State of
County of
On this day of , 19 , before me appeared (Name) ,
to me personally known, who, being duly sworn, did execute the foregoing affidavit,
and did state that he or she was properly authorized by (Name of Firm)
to execute the affidavit and did so as his or her free act and deed.
Notary Public
Commission Expires
(Seal)
SCHEDULE C
DBE OR WBE AFFIDAVIT
THIS PAGE MUST BE COMPLETED BY DISADVANTAGED OR
WOMEN BUSINESS ENTERPRISE CONTRACTOR (OFFEROR)
I HEREBY DECLARE AND AFFIRM that I am the
and duly authorized representative of the firm of
whose address is
I hereby
declare and affirm that I am a Disadvantaged Business Enterprise(DBE) or
Women -Owned Enterprise (WBE) as defined in the Minority Business Enterprise
Program of the City of Pueblo, Colorado, and that I will provide information
if requested by the City of Pueblo to document this fact.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT, AND THAT I AM
AUTHORIZED, ON BEHALF OF THE ABOVE FIRM, TO MAKE THIS AFFIDAVIT.
(Date)
State of
City and County of
On this day of ,19
officer, personally appeared
person described in the foregoing Affidavi
executed the same in the capacity therein
contained.
(Affiant)
,before me, the . undersigned
, known to me to be the
t, and acknowledged that he (she)
stated and for the purposed therin
In witness thereof, I hereunto set my hand and official seal.
My Commission Expires:
Notary Public:
(SEAL)
.:IJ�VIIIWWI
APPENDIX B
A Resolution Adopting the Overall Goals
for the City of Pueblo's MBE Plan
and adoption of the City of Pueblo's MBE Plan.
APPENDIX C
MBE Utilization
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APPENDIX C
DISADVANTAGED /WOMEN BUSINESS
ENTERPRISE UTILIZATION
The City of Pueblo will annually set overall DBE /WBE goals for work
and goods purchased under the City of Pueblo contracts. While the
expected percentage of DBE or WBE participation may vary from
contract to contract due to availability of DBEs or WBEs, the City
of Pueblo believes the overall goals to be realistically obtainable
over the year.
In order to meet Federal requirements and to provide for maximum
practical participation of DBEs, the City of Pueblo may specify a
minimum required percentage of participation in selected contracts.
CONTRACT GOALS
The City of Pueblo has specified a DBE goal of % and WBE
goal of % for the work to be performed under this contract.
The amount of DBE /WBE participation will be determined by the dollar
value of the work subcontracted to DBEs /WBEs as compared to the
total value of all work performed under this contract and /or by the
percentage of the net profit which the parties agree will be shared
by DBEs /WBEs where a joint venture is entered into for the
completion of the project.
INSTRUCTIONS TO BIDDERS AND PROPOSERS
It is the policy of the City of Pueblo that equal opportunity to
participate in its procurements will be provided to DBEs /WBEs. To
accomplish this objective the City of Pueblo requires, as
applicable, all bidders and proposers to complete and return this
Attachment (enclosures 1 thru 9) which obligates the Contractor to
assert a good faith effort to attain the specified goal for DBE /WBE
participation.
A bidder /proposer may satisfy the requirements of this Attachment by
having DBE /WBE status, by subcontracting portions of the work to
DBEs /WBEs, and /or by entering into a joint venture with DBEs /WBEs.
REQUIREMENTS, TERMS AND CONDITIONS OF ATTACHMENT A
1. A DBE /WBE is defined as a small business concern that is owned
and controlled by socially and economically disadvantaged
individuals. These socially and economically disadvantaged
individuals must own 51% of the business, and they must control the
management of the business. Socially and economically disadvantaged
individuals include Black Americans, Hispanic Americans, Asian -
Pacific Americans, Native Americans, Asian - Indian Americans, or any
other minorities or individuals found to be disadvantaged by the
Small Business Administration (SBA) pursuant to Section 8[a] of the
Small Business Act.
-C -2-
2., A bidder or proposer who fails or refuses to complete and return
the applicable enclosures to this Attachment shall be deemed non-
responsive and will not be awarded the contract. Where a bidder
proposer intends to attain its goal for DBE /WBE participation by
subcontracting or use of a joint venture, it shall complete and
submit the following enclosures (1) MBE Affidavit; (2) Schedule of
DBE /WBE participation; and (3) the Letter of Intent to Perform as a
Subcontractor; (4) Unavailability Certification.
3. All bidders or proposers are required to submit written
assurance of meeting contract goals in their bid or proposals and
will submit: (1) names of DBE /WBE subcontractors; (2) a description
of the work they are to perform; and (3) the dollar value of each
proposed DBE/WBE subcontract. In order to be a responsive
bidder /proposer, a contractor must meet the specified
DBE /WBEcontract goal(s) or demonstrate sufficient good faith efforts
to do so. Meeting the contract goals or making sufficient good
faith efforts to do so, no less than meeting technical
specifications or complying with bid or proposal procedures, is a
necessary condition of responsiveness. Among responsible and
responsive 'bidders - that is, those bidders that meet the DBE /WBE
requirements or demonstrate good faith efforts to do so among other
things - the bidder offering- the lowest price, if that price is
reasonable will be awarded the contract.
4. The contractor's expressed goal stated in the DBE /WBE Affidavit
shall express the contractor's commitment to the percentage of DBE
and WBE utilization during the term of this contract.
5. The contractor's commitment to a specific goal is to meet DBE
and WBE objectives and is not intended and shall not be used to
discriminate against any qualified company or group of companies.
6. The contractor's attainment of the Specific Contract Goal for
DBE and WBE utilization is required by this Attachment. The signing
of the attachment shall constitute a commitment to make a good faith
effort to meet the specific City of Pueblo specified goal and has
failed to do so, it will furnish docurientation of its good faith
efforts to jUS'lify a grant of relief from the goal set forth in this
,At tac4hm.en`, Tn.e contractor shall complete Enclosure (4) , DBE
_Fnavailability Certification as evidence of its good faits efforts
.,:hick documentation will also include assurances that the contractor
is done the following as a minimum: (NOTE: MBE is used inc?usive
DBE /WBE1 .
[a] Whittier the contractor attended any pre - solicitation or
pre -bid meetings that were scheduled by the recipient to
inform MBEs of contracting and subcontracting
opportunities;
s , ] Whether the contractor advertised in general circulation,
trade association, and minority -focus media concerning the
subcontracting opportunties;
-C -3-
[c] Whether the contractor provided written notice to a
reasonable number of specific MBEs that their interest in
the contract was being solicited, in sufficient time to
allow the MBEs to participate effectively;
[d] Whether the contractor followed up initial solicitation of
interest by contacting MBEs to determine with certainty
whether the MBEs were interested;
[e] Whether the contractor selected portions of the work to be
performed by MBEs in order to increase the likelihood of
meeting the MBE goals (including, where appropriate,
breaking down contracts into economically feasible units to
facilitate MBE participation);
[f] Whether the contractor provided interested MBEs with
adequate information about the plans, specifications and
requirements of the contract;
[g] Whether the contractor negotiated in good faith with
interested MBEs, not rejecting as unqualified without sound
reasons based on a thorough investigation of their
capabilities;
[h] Whether the contractor made efforts to assist interested
MBEs in obtaining bonding, lines of credit, or insurance
required by the recipient or contractor, and
[i] Whether the contractor effectively used the services of
available minority community organizations; minority
contractor's groups; local, state and Federal minority
business assistance offices; and other organizations that
provide assistance in the recruitment and placement of
MBEs.
For further guidance and additional steps to take concerning the
good faith efforts, see 49 CFR 23, Federal Register, Vol. 46, No.
80, final rule 4/27/81, as amended by Vol 48, No. 141, final rule,
8/22/83.
7. A prime contractor must make a good faith effort to replace a
defaulting MBE with another MBE. The prime contractor must notify
the City immediately of the MBE's inability to perform and the
contractor's intent to obtain a substitute MBE. If the contractor
obtains a substitute MBE, the contractor will notify the City and
provide copies or descriptions of new or amended contracts and a
completed certification form for each new MBE and any applicable
certificate of good faith effort as stated in item 7 of this
section.
8. The City, through its Disadvantaged Business Coordinator, will
review the contractor's MBE efforts during performance of the
contract. If the contractor meets it goals of if the contractor
shall be presumed to be in compliance.
-C -4-
APPENDIX D
Reporting Form
-D -1-
APPENDIX E
FY84 Annual Goals
-E -1-
CITY OF PUEBLO'S ANNUAL OVERALL GOALS FOR FY84
The geographical area in which bids or proposals will be solicited
consists of the City and County of Pueblo, the State of Colorado,
and a wider geographical area when necessary. According to the U.S.
Department of Commerce, Bureau of the Census, within the Pueblo
SMSA, the minority population total is 36.010.
The following page exhibits the efforts by the City of Pueblo during
FY1983 to solicit DBE /WBE participation. Despite numerous attempts
and meetings with the Latino Chamber of Commerce, the City has
fallen short of its goal. Preliminary analysis by the Urban
Transportation Planning Division indicates that very few minorities
are in a private business that offer the goods and services the bus
company desires.
Rather than amend the goals, City staff has recommended that the
existing goals of 15% DBE and 5% WBE be maintained and local efforts
be intensified to achieve these goals.
-E -2-
DBE QUARTERLY REPORT
City of Pueblo, Colorado
Pueblo Transportation Company
Reporting Period: January 1, 1983 - December 31, 1983
Number of Procurements: 597
Number of DBE's Participating: 52
Percentage of DBE's Participating: 9%
Total Value of Awards: $577,491
Amount to DBE's: $18,512
WBE's: $2953
Percentage to DBE's: 3% WBE's: .51%
Grant Numbers: CO -05- 0020 -01
Co -05 -4024
Current Goals: 15% DBE
5% WBE
Budget Category
Insurance
Supplies
Advertising
Parts
Fringe Benefits
Professional Services
Capital Projects
Building Upkeep
Other Services
TOTAL
Amount Spent
$ 88,290
146,487
8,278
159,218
114,771
3,460
7,942
5,334
43,711
$ 577,491
-E -3-
DBE Participation WBE
$ 0
$ 0
0
0
3,038
0
8,802
0
0
2,953
436
0
3,635
0
2,530
0
71
_
0
$ 18,612
$ 2,953
CALCULATION OF FUND AMOUNTS SUBJECT TO DBE /WBE
Capital and Operating
Step 1.
Determine the proposed agency annual budget for $ 1,449,675
Capital and Operating expenses.
Step 2.
Estimate that portion which is Federally funded. $ 618,800
Include funds estimated to be received from
Sections 3, 5, 9, 9A, 16(b)(2) and 18 as
appropriate.
Step 3.
Determine if your agency receives sufficient Federal Yes X
Assistance to put it over the threshold. For No
Capital and Operating expenses, the thrshold is
$250,000 in Federal funds, exclusive of transit
vehicle purchase.
Step 4.
If your agency is covered by the program, determine
the present of Federal participation in the overall
agency budget (i.e., divide the number from Step 2
by the number from Step 1
Step 5
Estimate that portion of your agencies total
budget which is not available for contracting.
Subtract those funds which are used for staff
salaries, utilities, land purchases, rental of
real property, etc. Also, remember to subtract
those funds which will be used for transit
vehicle purchases.
Step 6
Determine the portion of your total agency budget
which is available for contracting. Subtract the
number determined in Step 5 from the number shown
in Step 1.
Step 7.
42.6 %
$741,653
S70R.099
Determine that portion of the total amount avail- $301,617
able for contracting which is attributable to
Federal sources. Multiply the amount determined
in Step 4. The resulting dollar figure is the amount
to which your DBE /WBE goals will apply.
-E -4-
NOTE: If your agency receives Section 8, 9, or 9A funds for
Planning and /or Technical Assistance activities, the calculation
steps would be exactly the same. If your agency receives both
Planning /Technical Assistance funds, and Capital /Operating
Assistance funds, special care should be taken in the determination
of the amount subject to the DBE /WBE goals. If the threshold amount
for either type of fund is triggered (i.e., if the agency receives
more than $250,000 in Federal funds - exclusive of transit vehicle
purchases, or more than $100,000 in Planning Assistance), then the
goals apply to both types of funds. In this type of situation, you
would determine the amounts in Step 7 for both Planning /Technical
Assistance, and Capital /Operating Assistance, and add the two. The
resultant amount is the base to which the goals apply.
Application of DBE /WBE Goals to
Agency Contract Opportunities
Step 8.
Use figure determined in Step 7
Step 9.
Include the DBE /WBE goal percentages
Step 10.
Determine the contracting amounts for DBE /WBE
goals. Multimply the figure in Step 8 by first
DBE% in Step 9 and then by the WBE% in Step 9.
Step 11.
$301,615
DBE 150
WBE 50
DBE $ 45,242
WBE $ 15,080
Determine the actual dollar value of various types of contracts
which must be placed with DBE /WBE firms in order to come up with the
amounts determined in Step 10.
First estimate that portion of the
contracting amount determined in Step
10 to be placed in the following
categories:
Construction
Professional Services
Supplies /services
Other
(The total should add
Step 10)
DBE WBE
$12,000 $
11,000 8,000
11,000 1,300
11,242 5,780
to the numbers from
Total $45,242 $15,080
-E -5-
Second decide within the four categories if the proposed
expenditures will be counted toward the goal at 1000 or
200 of the contract amount. Generally, construction
would be a 100% item, professional services would be a
100% item, supplies and services are likely to be 200
items (but could be a 100% item if purchased from DBE/
WBE manufacturers, refiners or underwriters, rather
than dealers or brokers) and the other category could
be either 100% or 20% items
DBE WBE
Construction %100 %100
Professional Services 100 100
Supplies /services 20 20
Other 100/20 100/20
Third determine the actual amounts that must be placed with
DBE /WBE firms in order to meet the dollar value as determined
in Step 10. To do this, you divide the estimated amounts to
be placed (first part of Step 11) by the applicable percent-
age, (i.e., 100% or 20%, as determined by the second part of
Step 11)
O
Construction
$12,000 = $12,000 $
100%
Professional services
Supplies /services
Other
Total
%
11,000 = 11,000 8,000 8,000
100% 100%
11,000 = 55,000 1,300 = 6,500
20% 20%
11,242 = 18,737 5,780 9,633
100/20% 100/20%
CQF 717
c ') n_1gq
This method of calculation and the form was developed by the Urban
Mass Transportation Administration.
[fie a
-E -6-
DBE /WBE PERCENTAGES FOR 1984
Name of Grantee: City of Pueblo Overall DBE Goal: 15%
Address: 350 South Elizabeth Overall MBE Goal: 5%
City /State: Pu eblo, Colorado 81001
The above chart and projected figures indicate the intent of the
City of Pueblo to make a good faith effort to attain a goal of 150
DBE and 5% WBE on all contracts awarded with UMTA funds.
-E -7-
TOTAL UMTA FUNDS ($)
UMTA FUNDS ($)
PERCENTAGE OF
AWARDED CONTRACT(s)
AWARDED
PARTICIPATION
CONTRACT
SUBCONTRACT (s)
DBE(s)
WBE(s)
TOTAL
UMTA FUNDS
CATEGORIES
DBE(s)
WBE(s)
CONSTRUCTION
20,000
12,000
60%
PROFESSIONAL
SERVICES
25,000
11,000
8,000
440
32%
SUPPLIES
EQUIPMENT
171,283
11,000
8,000
6%
.7%
OTHER SERVICES
85,332
11,242
5,780
130
7%
TOTAL
301,615
45,242
15,080
15%
50
The above chart and projected figures indicate the intent of the
City of Pueblo to make a good faith effort to attain a goal of 150
DBE and 5% WBE on all contracts awarded with UMTA funds.
-E -7-
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