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HomeMy WebLinkAboutR-2200-8-03RESOLUTION NO. 2200-8-03(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING A BUSINESS DIVERSITY POLICY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Allen recognizes the importance of supplier diversity and is committed to ensuring that it is an integral part of our strategic plan and procurement processes; and, WHEREAS, the City Council recognizes the contributions that small, minority and women -owned business enterprises have on the economic and social fabric of our community. The City desires to encourage and assist Small, Minority and Women -Owned business enterprises through the adoption of a Business Diversity Policy that empbasizes "good faith" efforts as a reflection of the City of Allen's commitment to diversity. NOW, THEREFORE, BE IT RESOLVED BY THE CM COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Business Diversity Policy attached hereto as Exhibit "A" has been reviewed, and is hereby adopted as the Business Diversity Policy of the City of Allen. SECTION 2. This resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 26m DAY OF AUGUST, 2003 ATTEST: Shelley B. George, TRMC, CITY SECIETARY 1 APPROVED: Stephen Terrell, MAYOR 1 EXHIBIT "A" CITY OF ALLEN BUSINESS DIVERSITY PROGRAM AUGUST 26, 2003 Resolution No.2200-8-03(li) Exhibit "A"— Page I SECTION I MISSION AND PURPOSE ' The Business Diversity Program encourages the participation of small, minority and women - owned businesses in the City of Allen procurement process. The program provides small, minority and women -owned businesses a fair opportunity to compete with large and national businesses to be service and product suppliers to the City. The Business Diversity Program informs various departments with the City of the needs and capability of the small, minority, and womenowned business community. The program provides opportunities for education and business skills development to the small, minority and women - owned business enterprises in our community. This document represents the development of the Business Diversity Program and affirms the City Council's commitment to its policy of encouraging the participation of all segments of the business community in the procurement and contracting process of the City through "good faith" efforts. The City will comply with all applicable local, state and federal statutes and regulation. The program will take effect upon adoption by the City Council Resolution. SECTION II STATEMENT OF POLICY It is the policy of the City to assist in increasing the opportunities to involve qualified small, . minority and women -owned business enterprises in the procurement and contracting activities of the City. To support this policy, City staff, by City Council Resolution, will implement this Program designed to increase small, minority and women -owned business utilization, in the procurement activities of the City. The program is a "good faith" effort to assure small, minority and women - owned businesses are afforded an equal opportunity to compete. SECTION III SCOPE The policies, procedures and contracts clause established under this Business Diversity Program shall be applicable to City bidders/proposers/recipients of contracts, and related subcontracts. The policies, procedures and contract clauses shall apply to all such contracts, unless the policies are in conflict with state or federal law or rules and regulations. The provisions of this Policy and Program are declared to be separable and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Policy or the validity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this Policy or Program, or the validity of its application to other persons or circumstances. Resolution No. 2200-8-03tR1 Exhibit "A" — Page 2 SECTION IV PROGRAM RESPONSIBELITY The City of Allen's Purchasing Division ("purchasing Division") is responsible for program implementation, coordination and monitoring and will ensure the cooperation of City operational staff as necessary for effective implementation of the Program. SECTION V INQUIRIES The Purchasing Division with direction from the City Manager or his designee has the overall responsibility to administer policies, standards, definitions criteria and procedures to manage the implementation, interpretation, and application of this program in a manner to achieve its stated purposes. SECTION VI DEFINITIONS A. CONTRACT — An award by the City whereby the City expends or commits the expenditure of funds for work, labor, services, supplies, equipment, materials, or any combination of the foregoing. B. BUSINESS ENTERPRISE — Any legal entity which is organized to engage in lawful ' commercial transactions and is actively engaged in such transactions as means of livelihood, such as a sole proprietorship, partnership or corporation, but not a joint venture except as hereinafter provided. C. DISADVANTAGE BUSINESS ENTERPRISE (DBE) — An independent small business enterprise: (a) which is at least 51.0 percent owned, as defined herein, by one or more socially and economically disadvantaged individual(s), or in the case of any publicly owned business, at least 51.0 percent of the stock of which is owned by one or more socially and economically disadvantaged individual(s); and (b) whose management and daily business operations are controlled, as defined herein, by one or more of the socially and economically disadvantaged individual(s) who own it; and (c) which receives certification status as such by a regional certification agency or the State of Texas as meeting (a) and (b) of this definition. 1. Owned: a. For a sole proprietorship to be deemed a disadvantaged business enterprise, it must be owned by a socially and economically disadvantaged individual. b. For an enterprise doing business as a partnership, it is necessary that at least 51.0 percent of its assets or interests in the partnership proper to be owned by a socially and economically disadvantaged individual(s). c. For an enterprise doing business as a corporation, it is necessary that 51.0 percent or ' more of its assets or interests in the corporate shares be owned by a socially and economically disadvantaged individual(s). Resolution No. 2200-8.03(R) Exhibit "Al' — Page 3 2. Controlled: The primary power, direct or indirect, to manage a business enterprise shall rest with the socially and economically disadvantaged individual(s). 3. Sbare in Payments: The socially and economically disadvantaged partners, proprietor or stockholders of the enterprise, as the case may be, shall be entitled to receive 51.0 percent or more of the total profits, bonuses, dividends, interest, payments, commissions, consulting fees, rents, procurement, subcontract payments and any other monetary distribution paid by the business enterprise. 4. Socially and Economically Disadvantaged Individuals: Individuals who are citizens of the United States (or lawfully admitted permanent residents), and who are Women, 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 Business Act, or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities and 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 business area who are not socially disadvantaged. There shall be a rebuttal presumption that individuals in the following groups are socially and economically disadvantaged. a. `Black Americans" which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans' which includes persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans' 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, Samoa, Guam, the U.S. Trust Territories of the Pacific and the Northern Mariannas; e. "Asian -Indian Americans' which includes persons whose ongms are from India, Pakistan and Bangladesh; f "Women." D. MINORITY BUSINESS ENTERPRISE (MBE) — Means a business enterprise that is owned and controlled by one or more minority person(s). Minority persons include the ethnic categories defined under the DBE definition except for women. The MBE most also satisfy the owned and controlled provisions under the DBE definition. E. WOMEN BUSINESS ENTERPRISE (WBE) — Means a business enterprise that is owned and controlled by one or more females. The WBE most also satisfy the owned and controlled provisions under the DBE definition. IF. SMALL BUSINESS — As defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto except that a small business shall not include any business or group of businesses controlled by the same socially and economically Resolution No. 2200-8-03(R) Exhibit "A" — Page 4 disadvantaged individuals) which has annual average gross receipts in excess of the standards established by the Small Business Administration's regulation under 13CFR 121 ' for a consecutive three-year period. However, no firm is considered small if, including its affiliates, it averages annual gross receipts in excess of $17 million over the previous three (3) fiscal years. G. JOINT VENTURE — An association of two (2) or more persons, partnerships, corporations or any combination thereof, founded to carry on a single business activity which is limited in scope and duration. H. BIDDER/PROPOSER — Any person, firm, partnership, corporation, association in joint venture as herein provided seeking to be awarded a City contract by a competitive process. I. SUBCONTRACTOR — Any named person, firm, partnership, corporation, association or joint venture as herein provided identified as providing work, labor, services, supplies, equipment, materials cr any combination of the foregoing, under contract with a prime contractor or City contract. SECTION VII IMPLEMENTATION OF POLICY/PROGRAM ADMINISTRATION The Purchasing Division will administer, monitor and seek compliance to implement the Business Diversity Program and will perform in a manner as may be necessary to achieve the "good faith" efforts of the program. Each department of the City which shares responsibility for the award of a City contract has a responsibility to promote, support, and assist in carrying out the "good faith" efforts of the Program. Departments are to be held accountable for perforating specific required functions in support of the Program, and any other fanctions(s) deemed necessary by the City Manager. The Purchasing Division has the following specific Program responsibilities. • Responsible for the City's Business Diversity Program. • Administer compliance of this Program in a manner as may be necessary to achieve its stated purposes. • Develop and maintain systematic procedures to ensure that Small, Minority and Women - Owned Business Enterprises are afforded an equal opportunity to compete on all City contracts including, but not limited to, the timely dissemination of bid/contract information, assistance and opportunities, conducting workshops, attending trade fairs, attending pre- bid/pre-proposal conferences, contractor compliance, technical, financial, and managerial assistance, etc. • Participate and support acceptance of regional certification of targeted Small, Minority and Women -Owned Business Enterprises. • Review and ensure the certification status of Small, Minority and Women -Owned Business Enterprises, as well as other entities claiming disadvantaged business enterprise status. Resolution No. 2200-8-03(R) Exhibit "A" — Page 5 • Prepare annual reports to the City Manager on the progress of the Business Diversity Program and also recommend program changes necessary to improve the overall ' effectiveness of the Program. • Make plans and specifications relating to City contracts available to prospective bidders in sufficient time for adequate review. In coordination with outside resource agencies, provide access to copies of City requests for proposals, construction plans and specification to such agencies, thus enabling Small, Minority and Women -Owned Business Enterprises to review the plans without purchasing or placing a deposit on them, and within sufficient time, to allow a timely response. • Ensure that all prospective bidders, including targeted businesses, are advised of the estimated cost range of the City construction project to avoid overbidding. This provides a frame of reference in which to bid City projects. • The Purchasing Division shall maximize the participation of Small, Minority and Women - Owned Businesses in soliciting quotes for bids under $10,000 (informal bids or contracts) by utilizing the State of Texas Historically Underutilized Business listing. SECTION VIII OUTREACH — INTERNAL AND EXTERNAL An integral component of this Program is the process, procedure and formalized effort to identity, solicit, and ensure participation by targeted businesses on the City's contracting opportunities. ' The City is committed to "good faith" efforts in providing equal contracting opportunities for all segments of the business community. The Program's outreach efforts are designed to document initiatives and establish procedures which best inform, present, and receive feedback for maximum consideration and participation by Small, Minority and Women -Owned Business Enterprises. Key to the City's outreach efforts are internal and external communication and interaction by the Purchasing Division and other City departments with the Small, Minority and Women -Owned Business Enterprise community. INTERNAL COMMUNICATION: Each City department, that has, or shares responsibility for the award of a City contract, has a responsibility to support and assist in promotion, and implementation of this Program. EXTERNAL COMMUNICATION: Communication and support of the Program initiatives by entities that represent or promote Diversity in Business is a crucial element to a viable and effective program. The Purchasing Division will participate in business out -reach enterprises that support activities, and look to these entities as the principal organizations to generate active support and participation that directly impacts the Small, Minority and Women-Ovmed business community. SECTION IX GOOD FAITH EFFORTS The types of evidence of good faith efforts include but are not limited to: ' 1. Soliciting through all reasonable means (attendance at pre-bid conferences, advertising). Resolution No. 2200-8-03(R) Exhibit "A" — Page 6 2. Where appropriate, and in accordance with applicable law, breaking out contract items into economically feasible units to facilitate the participation of Small, Minority and Women - Owned Business Enterprises. 3. Providing access to infommation to all interested Small, Minority and Women -Owned Business Enterprises with adequate information about the plans, specifications, and requirements of bids/contracts in a timely manner to assist them in responding to a solicitation. 4. Utilizing the services of available small, minority and women's community organizations, contractor groups, local, state, and federal small, minority and women's business assistance offices. SECTION X RECORDS AND REPORTS To monitor the progress of the Program, the City shall establish and maintain a record system designed to: 1. Assess overall Small, Minority, and Women -Owned Business Enterprise awards of City contracts. 2. Identify additional qualified Small, Minority and Women -Owned Business Enterprises. I3. Identify and list certified Small, Minority and Women -Owned Business Enterprises to be available to all interested parties. The Purchasing Division will issue an annual report to the City Manager detailing the City's utilization of Small, Minority and Women -Owned Business Enterprises. Resolution No. 220M -03(R) Exhibit "A" — Page 7