HomeMy WebLinkAboutResolution 5522-01-2022 A Resolution
NO. 5522-01-2022
ADOPTING AN UPDATED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR
PARTICIPATION IN U.S. DEPARTMENT OF TRANSPORTATION ASSISTED AVIATION
PROJECTS IN ACCORDANCE WITH
THE CODE OF FEDERAL REGULATIONS, CHAPTER 49, PART 26
WHEREAS, the City receives federal grants and other financial assistance from the U.S.
Department of Transportation ("DOT"), Federal Aviation Administration ("FAA"), for various projects
at City-owned airports; and
WHEREAS, the DOT's disadvantaged business enterprise ("DBE") program provides a vehicle
for increasing participation by DBEs in state and local procurement activities; and
WHEREAS, in accordance with the Code of Federal Regulations, Chapter 49, Part 26 (49 CFR
26), as a condition of receiving this financial assistance, the City is required to adopt a program that
establishes goals for the participation of DBEs in DOT-assisted projects; and
WHEREAS, it is the policy of the City to ensure that DBEs, as defined in 49 CFR 26, have an
equal opportunity to receive and participate in DOT-assisted contracts by:
• Ensuring nondiscrimination in the award and administration of DOT-assisted contracts;
• Creating a level playing field on which DBEs can compete fairly for DOT-assisted
contracts;
• Ensuring that only firms that meet the 49 CFR 26 eligibility standards are permitted to
participate as DBEs;
• Helping remove barriers to the participation of DBEs in DOT-assisted contracts; and
• Assisting in the development of firms that can compete successfully in the marketplace
outside the DBE program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS:
1. THAT the attached Disadvantaged Business Enterprise Program for participation by DBEs in
DOT-assisted projects by the City is hereby adopted;
2. THAT the Diversity and Inclusion Department is hereby authorized to submit a copy of this
Resolution and the attached Program for approval by the DOT and FAA;
3. THAT this Resolution shall take effect immediately upon its adoption.
Adopted this 25th day of January 2022.
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By: Jannette S.Goodall(Jan 26,202213:07 CST) r,
Jannette S. Goodall, City Secretary ?O
FORTWORTU.,
CITY OF FORT WORTH
FFY 2022 - 2024
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM GOAL
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FORT WORTH ALLIANCE AIRPORT
CONTACT:
GWEN WILSON, DBELO
ASSISTANT DIRECTOR, BUSINESS EQUITY DIVISION
DEPARTMENT OF DIVERSITY AND INCLUSION
818 MISSOURI AVENUE I FORT WORTH I TEXAS 76104
(817) 392-2676 (OFFICE)
GWEN.WI LSONO-FORTWORTHTEXAS.GOV
Disadvantaged Business Enterprise Program
Table of Contents
PolicyStatement................................................................................................................................................... l
SUBPART A—GENERAL REQUIREMENTS
Objectives(26.1) ....................................................................................................................................................... 2
Applicability(26.3) ................................................................................................................................................... 2
Definitions(26.5) ...................................................................................................................................................... 2
Nondiscrimination(26.7) .......................................................................................................................................... 2
Record Keeping Requirements(26.11) ..................................................................................................................... 2
Federal Financial Assistance Agreement(26.13........................................................................................................ 3
SUBPART B—ADMINISTRATIVE REQUIREMENTS
DBEProgram Updates(26.21) .................................................................................................................................. 4
PolicyStatement(26.23) ............................................................................................................................................ 4
DBE Liaison Officer(DBELO)(26.25) .................................................................................................................... 4
DBE Financial Institutions(26.27) ............................................................................................................................ 5
Prompt Payment Mechanisms(26.29) ....................................................................................................................... 5
Directory(26.31)....................................................................................................................................................... 6
Over-Concentration(26.33)....................................................................................................................................... 6
Business Development Programs(26.35) .................................................................................................................. 6
Monitoring Responsibilities(26.37) .......................................................................................................................... 7-9
Fostering Small Business Participation(26.39) ......................................................................................................... 9
SUBPART C -GOALS, GOOD FAITH EFFORTS AND COUNTING
Set-asides or Quotas(26.43) ..................................................................................................................................... 9
OverallGoals(26.45) ................................................................................................................................................ 9-11
Failure to Meet Overall Goals(26.47) ...................................................................................................................... 11
Means Recipients Use to Meet Overall Goals(26.51) .............................................................................................. 12
Breakout of Estimated Race-Neutral &Race-Conscious Participation(26.51 a-c) ................................................... 13
Good Faith Efforts Procedures in Situations where there are Contract Goals(26.53) .............................................. 13-16
Counting DBE Participation (26.55) ......................................................................................................................... I6
SUBPART D-CERTIFICATION STANDARDS
Certification Process(26.61 -26.73) ........................................................................................................................ 16
SUBPART E- CERTIFICATION PROCEDURES
Unified Certification Programs(26.81) ..................................................................................................................... 17
SUBPART F- COMPLIANCE AND ENFORCEMENT
Compliance Procedures Applicable to the City(26.101) ......................................................................................... 17
Information,Confidentiality,Cooperation(26.109) ................................................................................................. 17
SUMMARY-DISADVANTAGED BUSINESS ENTERPRISE PROGRAM GOAL....................................... 19
ATTACHMENTS:
Attachment 1: 49 CFR Part 26 Federal Regulation............................................................................................... 21
Attachment 2: Organizational Chart-Business Diversity& Development Department....................................... 22
Attachment 3: Bidder's List Request for Information............................................................................................ 23
Attachment 4: Texas DBE Directory or web link to DBE directory...................................................................... 24
Attachment 5: 26.45 Overall DBE Three-Year Goal Methodology....................................................................... 25-34
Attachment 6: Forms I &2—DBE Utilization&Letter of Intent......................................................................... 35-36
Attachment 7: DBE Monitoring and Enforcement Mechanisms........................................................................... 37
Attachment 8:DBE Certification Application Form............................................................................................... 38
Attachment 9: State's UCP Agreement................................................................................................................... 39
Attachment 10: Small Business Element................................................................................................................ 40
APPENDIX............................................................................................................ 41
Appendix A —Minority Financial Institutions
Appendix B —Business Equity Advisory Board Meeting Agenda, Posting&Members
Appendix C —Public Outreach Virtual Event Announcements,Ads&Registrants
Appendix C-I —List of certified DIM/WBE Attendees
Appendix D —Public Notice
Appendix E —Executive Summary—2020 Disparity
Appendix F —Business Equity Ordinance#25165-10-2021
Form Revision Date:2020-10-21
POLICY STATEMENT
Section 26.1, 26.23 Objectives/Policy Statement
City of Fort Worth (City), owner of Fort Worth Alliance Airport, Fort Worth Meacham International Airport
and Fort Worth Spinks Airport has established a Disadvantaged Business Enterprise (DBE) Program in
accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26 (hereafter
referred to as "Part 26"). The City has received federal financial assistance from Department of
Transportation, and as a condition of receiving this assistance, the City has signed assurances that it will
comply with Part 26 and other federal requirements.
Policy Statement
It is the policy of the City of Fort Worth to ensure that DBE's as defined in Part 26, have an equal opportunity
to receive and participate in DOT funded contracts. It is also the City of Fort Worth's policy to engage in
the following actions on a continuing basis:
1. Ensure nondiscrimination in the award and administration of DOT-assisted contracts;
2. Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;
3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law;
4. Ensure that only firms that fully meet Part 26 eligibility standards are permitted to participate
as DBEs;
5. Help remove barriers to the participation of DBEs in DOT assisted contracts;
6. Promote the use of DBEs in all types of federally-assisted contracts and procurement activities;
7. Assist the development of firms that can compete successfully in the market place outside the
DBE Program; and
8. Make appropriate use of the flexibility afforded to recipients of Federal financial assistance in
establishing and providing opportunities for DBEs.
The Assistant Diversity and Inclusion Director, Business Equity Division, Diversity and Inclusion
Department, has been delegated as the DBE Liaison Officer. In that capacity, the Assistant Diversity and
Inclusion Director is responsible for implementing all aspects of the DBE program. Implementation of the
DBE program is accorded the same priority as compliance with all other legal obligations incurred by the
City in its financial assistance agreements with the Department of Transportation.
In September 2017, the City's original Policy Statement was approved by the City Manager, and the DBE
Program Resolution No. 4846-09-2017 was adopted by the Mayor and City Council. This updated
statement has been approved by the Mayor and City Council on_[date] under Resolution No. and
additionally, has been dispersed through all of the components of the City. The Statement has been
distributed to the DBE and non-DBE communities that perform work for the City on federally-funded
contracts. The distribution was accomplished by:
1. Public Notice posted on the City's Calendar and bulletin board
2. FAA DBE Public Informational Forum meeting held July 13, 2021
3. City's quarterly Informational Vendor Forums
4. Posting of DBE Program Goal and opportunities distributed through the B2GNow System to more
than 10,000 DBE, M/WBE and SBE businesses
5. Interviews with small businesses at Business Networking events and trade fairs held
throughout the years.
6. Policy Statement and DBE Program Goals and Methodology posted on the Business
Equity Division website at: https://www.fortworthtexas.gov/departments/diversity-
inclusion/business-equity
David Cooke, City Manager Date
City of Fort Worth
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Form Revision Date:2020-10-21
GENERAL REQUIREMENTS
Section 26.1 Objectives
The objectives are elaborated in the policy statement on the first page of this program.
Section 26.3 Applicability
The City is the recipient of federal airport funds authorized by 49 U.S.C. 47101, et seq. and
therefore, is subject to the requirements under Part 26.
Section 26.5 Definitions
The City will use terms in this program that have their meanings defined in Part 26, §26.5.
Section 26.7 Non-discrimination Requirements
The City will never exclude any person from participation in, deny any person the benefits of, or
otherwise discriminate against anyone in connection with the award and performance of any
contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin.
In administering its DBE program, City will not, directly or through contractual or other
arrangements, use criteria or methods of administration that have the effect of defeating or
substantially impairing accomplishment of the objectives of the DBE program with respect to
individuals of a particular race, color, sex, or national origin.
Section 26.11 Record Keeping Requirements
Reporting to DOT
The City will provide data about its DBE Program to the Department as directed by DOT operating
administrations.
DBE participation will be reported to DOT/FAA as follows:
The City will transmit to DOT/FAA annually, by or before December 1 each year, the
information required for the "Uniform Report of DBE Awards or Commitments and Payments",
as described in Appendix B to Part 26. The City will similarly report the required information
about participating DBE firms. All reporting will be done through the DBE FAA Civil Rights
official reporting system, or another format acceptable to Federal Aviation Administration as
instructed thereby.
Bidders List
The City, through the Department of Diversity and Inclusion, Business Equity Division will create
and maintain a bidders list. The purpose of the list is to provide as accurate data as possible about
the universe of DBE and non-DBE contractors and subcontractors who seek to work on City,
DOT-assisted contracts, for use in helping to set overall goals. The bidders list will include the
name, address, DBE and non-DBE status (age of firm, and annual gross receipts of firms may be
obtained from the DOT or the North Central Texas Regional Certification Agency (NCTRCA) and
members of the Unified Certification Program (UCP).
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This information will be collected in the following way(s): DBE Listings will be obtained from the
NCTRCA or TXDOT or UCP DBE certification databases. The City will periodically run campaigns
through the Business Equity Management System advertising upcoming DOT/FAA projects and
will request the recipients to specify within a range its gross receipts information (e.g., less than
$500,000; $500,000 — $1 million; $1-2 million, $2-5 million, etc.) rather than requesting an exact
figure from the firm. The bidders list will only include names of bidders/offerors who attempt to
participate on the City projects. Compliant to Part 26, information will be collected for all primes
and all subcontractors who submit bids to those primes, whether or not they were successful in
obtaining a subcontract or the prime contract.
Records Retention and Reporting:
City will maintain records documenting a firm's compliance with the requirements of this part. At
a minimum, City will keep a complete application package for each certified firm and all affidavits
of no-change, change notices, and on-site reviews. These records will be retained in accordance
with all applicable record retention requirements of City's financial assistance agreement. Other
certification or compliance related records will be retained for a minimum of three (3) years unless
otherwise provided by applicable record retention requirements for the financial assistance
agreement, whichever is longer.
The City, as a member of the Texas UCP established pursuant to §26.81, will report to the
Department of Transportation's Office of Civil Rights each year the percentage and location in the
State of certified DBE firms in the UCP Directory controlled by the following:
1) Women;
2) Socially and economically disadvantaged individuals (other than women); and
3) Individuals who are women and are otherwise socially and economically disadvantaged
individuals.
Section 26.13 Federal Financial Assistance Agreement
City has signed the following assurances, applicable to all DOT-assisted contracts and their
administration:
Assurance (26:13a): - Each financial assistance agreement City signs with a DOT operating
administration (or a primary recipient) will include the following assurance:
The City shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The City shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and
administration of DOT-assisted contracts. The City DBE program, as required by 49 CFR
Part 26 and as approved by DOT, is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall
be treated as a violation of this agreement. Upon notification to the City of its failure to
carry out its approved program, the Department may impose sanctions as provided for
under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement
under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.
3801 et seq.).
Contract Assurance (26.13b): City will ensure that the following clause is included in each DOT-
funded contract it signs with a contractor (and each subcontract the prime contractor signs with a
subcontractor):
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The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the contractor from future bidding as non-responsible.
ADMINISTRATIVE REQUIREMENTS
Section 26.21 DBE Program Updates
City is required to have a DBE program meeting the requirements of this part as it will receive
grants for airport planning or development and will award prime contracts, cumulative total value
of which exceeds $250,000 in FAA funds in a federal fiscal year. City is not eligible to receive
DOT financial assistance unless DOT has approved this DBE program and the City is in
compliance with it and Part 26. City will continue to carry out this program until all funds from
DOT financial assistance have been expended. City does not have to submit regular updates of
the DBE program document, as long as it remains in compliance. However, significant changes
in the program, including those required by regulatory updates, will be submitted for DOT
approval.
Section 26.23 Policy Statement
The Policy Statement is elaborated on the first page of this DBE Program.
Section 26.25 DBE Liaison Officer(DBELO)
The following individual has been designated as the DBE Liaison Officer for City:
Gwen Wilson CCA MCA
Assistant Diversity and Inclusion Director I Business Equity Division
Department of Diversity and Inclusion
City of Fort Worth
Hazel Harvey Peace Center
818 Missouri Avenue, Suite 230
Fort Worth, TX 76104
(817) 392-2676 (office)
(817) 992-8072 (work cell)
gwen.wilson(cD-fortworthtexas.gov
www.fortworthtexas.gov/diversity-inclusion/business-equity/
In that capacity, the DBELO is responsible for implementing all aspects of the DBE program and
ensuring that the City complies with all provision of 49 CFR Part 26. The DBELO has direct,
independent access to the Director, Assistant City Manager and City Manager concerning DBE
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program matters. An organizational chart displaying the DBELO's position in the organization is
included in Attachment 2 of this program.
The DBELO is responsible for developing, implementing and monitoring the DBE program, in
coordination with other appropriate officials. The DBELO has a staff of six (6) direct employees,
and coordinates with the Aviation Department, the City Attorney's Office, the Consultants and
Operators for the City, and General Contractor(s) to assist in the administration of the program.
The duties and responsibilities include the following:
1. Gathers and reports statistical data and other information as required by DOT.
2. Works with all departments to set overall annual goals.
3. Ensures that bid notices and requests for proposals are available to DBEs in a timely
manner.
4. Identifies contracts and procurements so that DBE goals are included in solicitations
(both race-neutral methods and contract specific goals) and monitors results.
5. Analyzes City's progress toward attainment and identifies ways to improve progress.
6. Participates in pre-bid meetings.
7. Determine contractor compliance with good faith efforts.
8. Provides DBEs with information and assistance in preparing bids
9. Plans and participates in DBE training seminars.
10. Provides outreach to DBEs and community organizations to advise them of
opportunities.
Section 26.27DBE Financial Institutions
It is the policy of the City to investigate the full extent of services offered by financial institutions
owned and controlled by socially and economically disadvantaged individuals in the community,
to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-
assisted contracts to make use of these institutions.
The City works closely with its Chamber partners, the Fort Worth Hispanic Chamber of
Commerce and the Fort Worth Metropolitan Black Chamber of Commerce and other advocacy
groups to help identify and engage these institutions. The City has a directory of Minority-owned
Depository Institutions and their branches and reviews this directory triennially.
Section 26.29 Prompt Payment Mechanisms
The City requires that all subcontractors performing work on DOT-assisted contracts shall be
promptly paid for work performed pursuant to their agreements, in accordance with all relevant
federal, state, and local law.
In accordance with 49 CFR §26.29, the City established a contract clause implementing this
requirement and requires prime contractors to pay subcontractors for satisfactory performance of
their contracts no later than 30 days from the prime contractor's receipt of each payment from the
City.
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The City ensures prompt and full payment of retainage from the prime contractor to the
subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Pursuant
to §26.29, the City has selected the following method to comply with this requirement:
(1) You may hold retainage from prime contractors and provide for prompt and regular
incremental acceptances of portions of the prime contract, pay retainage to prime
contractors based on these acceptances, and require a contract clause obligating the
prime contractor to pay all retainage owed to the subcontractor for satisfactory completion
of the accepted work within 30 days after your payment to the prime contractor.
To implement this measure, the City includes the following clause from FAA Advisory
Circular 150/5370-10 in each DOT-assisted prime construction contract:
49 CFR § 26.29- Prompt Payment Mechanisms
The City requires that all subcontractors performing work on DOT-assisted contracts shall
be promptly paid for work performed pursuant to their agreements, in accordance with all
relevant federal, state, and local law.
The prime contractor agrees to pay each subcontractor under this prime contract for
satisfactory performance of its contract no later than ten (10) [calendar] days from the
receipt of each payment the prime contractor receives from the City. The prime
contractor agrees further to return retainage payments to each subcontractor within ten
(10) calendar days after the subcontractor's work is satisfactorily completed. Any delay
or postponement of payment from the above referenced timeframe may occur only for
good cause following written approval of the City. This clause applies to both DBE and
non-DBE subcontractors.
Section 26.31 Directory
The City is a non-certifying member of the Texas Unified Certification Program (UCP). The UCP
maintains a directory identifying all firms eligible to participate as DBEs, which contains all the
elements required by§26.31. The City has access to the UCPs, i.e., B2GNow System, NCTRCA
(www.nctrca.org) and TxDOT (www.TxDOT.txdotcros.com) directories or the City upon request
will provide the DBE listings, A link to the directory may he found on the Business Equity Division
website at: https://www.fortworthtexas.gov/departments/diversity-inclusion/business-equity .
Section 26.33Over-concentration
The City has not identified that over-concentration exists in the types of work that DBEs perform.
Section 26.35 Business Development Programs
The City has a DBE Business Development Program (BDP) to assist firms in gaining the ability
to compete successfully in the marketplace outside the DBE Program. The rational for the BDP
is to help certified small businesses, DBEs, MBEs and WBEs build capacity so that they can
compete on larger in scale projects and increase their ability to gain access to capital and bonding.
These businesses are required to obtain certification from a third-party agency that is acceptable
by the City. All Business Equity Firms (M/WBEs) and DBEs are qualified to participate in the
program. The City host business development workshops and events quarterly. D/M/WBEs are
notified through the Business Equity Management System , Community Partners, City News and
the City's website.
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Section 26.37 Monitoring Responsibilities
The City implements and carries out appropriate mechanisms to ensure compliance with 49 CFR
Part 26 program requirements by all program participants, including prompt payment, and
describes and set forth these mechanisms in City's DBE program.
The City's DBELO actively monitors participation by maintaining a running tally of actual DBE
attainments (e.g., payments actually made to DBE firms), including a means of comparing these
attainments to commitments through its automated B2GNow System.
Monitoring Payments to DBEs and Non-DBEs
The City undertakes ongoing monitoring of prime payments to subcontractors over the course of
any covered contract. Such monitoring activities will be accomplished through the following
method(s):
■ Use of an automated system that requires real time entry of payments to, and
receipts by, prime contractors and subcontractors and regularly monitoring and
performing audits within the system
■ Audit feature built into the system that allows the staff to audit records on a
daily or monthly basis
■ The Business Equity Management System automated feature notifies the
subcontractor when the Prime has received payment from the City
■ Subcontractor will confirm, in the Business Equity Management System,
payment amount and dates when it received payment from the Prime
■ Closeout of a project, the City, Prime and Subcontractor will confirm the
accuracy of all payments and sign off
The City requires prime contractors to maintain records and documents of payments to
subcontractors, including DBEs, for a minimum of three (3) years unless otherwise provided by
applicable record retention requirements for the City's financial assistance agreement, whichever
is longer. These records will be made available for inspection upon request by any authorized
representative of City or DOT. This reporting requirement extends to all subcontractors, both
DBE and non-DBE.
■ The City proactively reviews contract payments to subcontractors including DBEs
quarterly. Payment reviews will evaluate whether the actual amount paid to DBE
subcontractors is equivalent to the amounts reported to the City by the prime contractor.
Prompt Payment Dispute Resolution
The City will take the following steps to resolve disputes as to whether work has been satisfactorily
completed for purposes of §26.29.
■ The City's Business Equity Management System tracks its payments to the Prime
and the payments that the Prime made to the subcontractors
■ Prime enters in the payment it made to its subcontractor
■ Subcontractor has 30 days to confirm or deny the accuracy of the payment and
the date recorded by the Prime
■ If there is a dispute and the subcontractor submit a denial, a system generated
message goes back to the Prime
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■ Prime then confirms or denies (dispute) and the system will allow two
communication attempts for both parties to resolve their dispute
■ Dispute not resolved by both parties a notification is sent to the DBELO
■ DBELO staff will reach out to the Prime and Sub and request supporting
documentation (e.g. cancelled check, etc.) to help mediate the dispute
■ DBELO may engage the resident project representative/project manager and
include individuals authorized to bind each interested party and any City
representatives with authority to take enforcement action.
The City has established, as part of its DBE program, the following mechanism(s) to ensure
prompt payment and return of retainage as follows:
Alternative dispute resolution (ADR) — Refer to the City Council-approved Business Equity
Ordinance#25165-11-2021, §20-371 (i-2&3) and �20-373 Violations and Sanctions
Payments Withheld. Failure to comply with the provisions of the Texas Prompt Payment
Act (Tex. Gov't. Code, Chap. 2251) or any successor statute shall authorize the City to
withhold payment from the Contractor until compliance is attained. Noncompliance may
impact bidder evaluation scoring on future City bid opportunities.
Refer to the Business Equity Ordinance or click on the link below:
https://www.fortworthtexas.gov/departments/diversity-inclusion/business-equity
Prompt Payment Complaints
Complaints by subcontractors regarding the prompt payment requirements are handled according
to the following procedure.
■ If affected subcontractor is not comfortable contracting prime directly regarding payment
or unable to resolve payment discrepancies with prime, subcontractor should contact
DBELO to initiate complaint.
■ If filing a prompt payment complaint with the DBELO does not result in timely and
meaningful action by the City to resolve prompt payment disputes, affected subcontractor
may contact the responsible FAA Civil Rights contact.
Herlinda J. Bradley
DBE/ACDBE Program Compliance Specialist
Federal Aviation Administration
Office of Civil Rights— External Operations (ACR-4)
E-mail: herlinda.i.brad ley(cDfaa.gov
■ Pursuant to Sec. 157 of the FAA Reauthorization Act of 2018, all complaints
related to prompt payment will be reported in a format acceptable to the FAA,
including the nature and origin of the complaint and its resolution.
Enforcement Actions for Noncompliance of Participants
The City will provide appropriate means to enforce the requirements of §26.29. These
means include:
• Failure to comply with the provisions of the Texas Prompt Payment Act(Tex. Gov't. Code,
Chap. 2251) or any successor statute shall authorize the City to withhold payment from
the Contractor until compliance is attained. Noncompliance may impact bidder evaluation
scoring on future City bid opportunities.
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• Advise subcontractors of the availability of the payment and performance bond to
assure payment for labor and materials in the execution of the work provided for
in the contract
• Refer to §20-373 VIOLATIONS AND SANCTIONS in the Business Equity Ordinance.
The City will actively implement the enforcement actions detailed above.
Monitorinq Contracts and Work Sites
The City reviews contracting records and engages in active monitoring of work sites to ensure
that work committed to DBEs at contract award or subsequently(e.g., as the result of modification
to the contract) is actually performed by the DBEs to which the work was committed. Work site
monitoring is performed by DBELO/compliance team/project managers/consultant/etc.
Contracting records are reviewed by the DBELO/compliance team/project
managers/consultant/etc. The City will maintain written certification that contracting records have
been reviewed and work sites have been monitored for this purpose.
Section 26.39 Fostering small business participation
The City has created a Small Business element to structure contracting requirements to facilitate
competition by small business concerns, taking all reasonable steps to eliminate obstacles to their
participation, including unnecessary and unjustified bundling of contract requirements that may
preclude small business participation in procurements as prime contractors or subcontractors.
The small business element is incorporated as Attachment 10 to this DBE Program. The
program elements will be actively implemented to foster small business participation.
SUBPART C— Goals, Good Faith Efforts and Counting
Section 26.43 Set-asides or Quotas
The City does not use quotas in any way in the administration of this DBE program.
Section 26.45Overall Goals
A description of the methodology to calculate the overall goal and the goal calculations can be
found in Attachment 5 to this program. This section of the program will be updated annually.
The City will establish an overall DBE goal covering a triennial federal fiscal year period if it
anticipates awarding DOT-funded prime contracts the cumulative total value of which exceeds
$250,000 in DOT funds during any one or more of the reporting fiscal years within the triennial
goal period. In accordance with §26.45(f), the City will submit its Overall Triennial DBE Goal to
FAA Office of Civil Rights ACR-4 by August 1st of the year in which the goal is due, as required
by the schedule established by and posted to the website of FAA Office of Civil Rights ACR-4.
FAA:
https://www.faa.gov/about/office orq/headquarters offices/acr/bus ent program/media/
Schedule of DBE and ACDBE Reporting Requirements Dec 2017 Issue.pdf
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Form Revision Date:2020-10-21
The DBE goals will be established in accordance with the 2-step process as specified in 49 CFR
Part 26.45. If the City does not anticipate awarding prime contracts the cumulative total value of
which exceeds$250,000 in DOT funds during any of the years within the triennial reporting period,
an overall goal will not be developed. However, this DBE Program will remain in effect and the
City will seek to fulfill the objectives outlined in 49 CFR Part 26.1.
Step 1. The first step is to determine a base figure for the relative availability of DBEs in the market
area. The City will use a Disparity Study method, the DBE Directory information and Census
Bureau Data that complies with §26.45 as a method to determine the base figure. The City
understands that the exclusive use of a list of prequalified contractors or plan holders, or a bidders
list that does not comply with the requirements of 49 CFR Part 26.45(c)(2), is not an acceptable
alternative means of determining the availability of DBEs.
Step 2. The second step is to adjust, if necessary, the "base figure" percentage from Step 1 so
that it reflects as accurately as possible the DBE participation the recipient would expect in the
absence of discrimination. Adjustments may be made based on past participation, information
from a disparity study (to the extent it is not already accounted for in the base goal), and/or
information about barriers to entry to past competitiveness of DBEs on contracts. The City will
examine all of the evidence available in its jurisdiction to determine what adjustment, if any, is
needed. If the evidence does not suggest an adjustment is necessary, then no adjustment shall
be made.
In establishing the overall goal, the City will provide for consultation and publication. This includes
consultation with minority, women's and general contractor groups, community organizations, and
other officials or organizations which could be expected to have information concerning the
availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on
opportunities for DBEs, and the efforts by the City to establish a level playing field for the
participation of DBEs. The consultation will include a scheduled, direct, interactive exchange (e.g.,
a face-to-face meeting, video conference, teleconference) with as many interested stakeholders
as possible focused on obtaining information relevant to the goal setting process, and it will occur
before the City is required to submit the goal methodology to the operating administration for
review pursuant to §26.45(f). The goal submission will document the consultation process in
which the City engaged. Notwithstanding paragraph (f)(4) of §26.45, the proposed goal will not
be implemented until this requirement is met.
In addition to the consultation described above, the City will publish a notice announcing the
proposed overall goal before submission to the Office of Civil Rights—External Operations(ACR-
4) on August 1st. The notice will be posted on the City's official internet web site and may be
posted in other sources (e.g., City Calendar, City News, Business Equity Management System
Campaigns, Partner Organizations media to D/MWBEs). If the proposed goal changes following
review by Office of Civil Rights—External Operations (ACR-4), the revised goal will be posted on
the official internet web site.
The public will also be informed that the proposed overall goal and its rationale are available for
inspection during normal business hours at the principal office of the City's DBELO `s office. This
notice will provide that the City and Office of Civil Rights—External Operations(ACR-4)will accept
comments on the goals for 30 days from the date of the notice. Notice of the comment period will
include the addresses to which comments may be sent (including offices and websites) where
the proposal may be reviewed.
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The Overall Triennial DBE Goal submission to the FAA Office of Civil Rights—External Operations
(ACR-4) will include a summary of information and comments received, if any, during this public
participation process and the City responses.
The City will begin using the overall goal on October 1 of the relevant period, unless other
instructions from Office of Civil Rights— External Operations (ACR-4) have been received.
Protect Goals
If permitted or required by the FAA Office of Civil Rights — External Operations (ACR-4)
Administrator, an overall goal may be expressed as a percentage of funds for a particular grant
or project or group of grants and/or projects, including entire projects. Like other overall goals, a
project goal may be adjusted to reflect changed circumstances, with the concurrence of the
appropriate operating administration. A project goal is an overall goal, and must meet all the
substantive and procedural requirements of this section pertaining to overall goals. A project goal
covers the entire length of the project to which it applies. The project goal will include a projection
of the DBE participation anticipated to be obtained during each fiscal year covered by the project
goal.The funds for the project to which the project goal pertains are separated from the base from
which the regular overall goal, applicable to contracts not part of the project covered by a project
goal, is calculated.
If a goal is established on a project basis, the goal will be used by the time of the first solicitation
for a DOT-assisted contract for the project.
Prior Operating Administration Concurrence
The City understands that prior Office of Civil Rights—External Operations (ACR-4) concurrence
with the overall goal is not required. However, if the Office of Civil Rights — External Operations
(ACR-4) review suggests that the overall goal has not been correctly calculated or that the method
employed by the City for calculating goals is inadequate, Office of Civil Rights — External
Operations (ACR-4) may, after consulting with the City, adjust the overall goal or require that the
goal be adjusted by the City. The adjusted overall goal is binding. In evaluating the adequacy or
soundness of the methodology used to derive the overall goal, the U.S. DOT operating
administration will be guided by the goal setting principles and best practices identified by the
Department in guidance issued pursuant to §26.9.
A description of the methodology to calculate the overall goal and the goal calculations can be
found in Attachment 5 to this program.
Section 26.47 Failure to meet overall goals
The City cannot be penalized, or treated by the Department as being in noncompliance with Part
26, because DBE participation falls short of an overall goal, unless the City fails to administer its
DBE program in good faith.
The City understands that to be considered to be in compliance with this part, an approved DBE
Program and overall DBE goal, if applicable, must be maintained, and this DBE Program must be
administered in good faith.
The City understands that if the awards and commitments shown on the Uniform Report of Awards
or Commitments and Payments at the end of any fiscal year are less than the overall goal
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applicable to that fiscal year, the following actions must be taken in order to be regarded by the
Department as implementing this DBE Program in good faith:
(1)Analyze in detail the reasons for the difference between the overall goal and the awards
and commitments in that fiscal year;
(2) Establish specific steps and milestones to correct the problems identified in the
analysis to enable the goal for the new fiscal year to be fully met;
(3) The City will submit, within 90 days of the end of the fiscal year, the analysis and
corrective actions developed under paragraphs (1) and (2) above to the Office of Civil
Rights— External Operations (ACR-4) for approval.
Section 26.51 Means Recipients Use to Meet Overall Goals
Breakout of Estimated Race-Neutral & Race-Conscious Participation
The City will meet the maximum feasible portion of its overall goal by using race-neutral means
of facilitating race-neutral DBE participation. Race-neutral DBE participation includes any time a
DBE wins a prime contract through customary competitive procurement procedures or is awarded
a subcontract on a prime contract that does not carry a DBE contract goal.
Race-neutral means include, but are not limited to the following:
(1) Arranging solicitations, times for the presentation of bids, quantities, specifications,
and delivery schedules in ways that facilitate participation by DBEs and other small
businesses and by making contracts more accessible to small businesses, by means such
as those provided under§26.39.
(2) Aiding in overcoming limitations such as inability to obtain bonding or financing (e.g.,
by such means as simplifying the bonding process, reducing bonding requirements,
eliminating the impact of surety costs from bids, and providing services to help DBEs, and
other small businesses, obtain bonding and financing);
(3) Providing technical assistance and other services;
(4) Carrying out information and communications programs on contracting procedures and
specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small
businesses, on recipient mailing lists for bidders; ensuring the dissemination to bidders on
prime contracts of lists of potential subcontractors; provision of information in languages
other than English, where appropriate);
(5) Implementing a supportive services program to develop and improve immediate and
long-term business management, record keeping, and financial and accounting capability
for DBEs and other small businesses;
(6) Providing services to help DBEs, and other small businesses, improve long-term
development, increase opportunities to participate in a variety of kinds of work, handle
increasingly significant projects, and achieve eventual self-sufficiency;
(7) Establishing a program to assist new, start-up firms, particularly in fields in which DBE
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participation has historically been low;
(9) Assisting DBEs, and other small businesses, to develop their capability to utilize
emerging technology and conduct business through electronic media.
Section 26.51(a-c) Breakout of Estimated Race-Neutral & Race-Conscious Participation
The breakout of estimated race-neutral and race-conscious participation can be found in
Attachment 5 to this program.
The City will arrange solicitations, times for the presentation of bids, quantities, specifications,
and delivery schedules in ways that facilitate participation by DBEs and other small businesses
and by making contracts more accessible to small businesses, by means such as those provided
under§26.39.
Contract Goals
If the approved projection under paragraph (c) of§26.51 estimates that the entire overall goal for
a given year can be met through race-neutral means, contract goals will not be set during that
year, unless the use of contract goals becomes necessary in order meet the overall goal.
Contract goals will be established only on those DOT-assisted contracts that have subcontracting
possibilities. A contract goal need not be established on every such contract, and the size of
contract goals will be adapted to the circumstances of each such contract(e.g., type and location
of work, availability of DBEs to perform the particular type of work).
Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract.
Section 26.53 Good Faith Efforts Procedures in Situations where there are Contract Goals
Demonstration of good faith efforts (pre-award)
In cases where a contract goal has been established, the contract in question will only be awarded
to a bidder/offeror that has made good faith efforts to meet the contract goal. The bidder/offeror
can demonstrate that it has made good faith efforts by either meeting the contract goal or
documenting that it has made adequate good faith efforts to do so. Examples of good faith efforts
are found in 49CFR Appendix A to Part 26.
The DBELO or Compliance Specialist is responsible for determining whether a bidder/offeror who
has not met the contract goal has documented sufficient good faith efforts to be regarded as
Responsive.
The City will ensure that all information is complete and accurate and adequately documents the
bidder/offeror's good faith efforts before committing to the performance of the contract by the
bidder/offeror.
In all solicitations for DOT-assisted contracts for which a contract goal has been established, the
following information will be required of every bidder/offeror:
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(1) Award of the contract will be conditioned on meeting the requirements of this section;
(2) All bidders or offerors will be required to submit the following information to the
recipient, at the time provided in paragraph (3) of this section:
(i) The names and addresses of DBE firms that will participate in the contract;
(ii) A description of the work that each DBE will perform. To count toward meeting a
goal, each DBE firm must be certified in a NAICS code applicable to the kind of work
the firm would perform on the contract;
(iii) The dollar amount of the participation of each DBE firm participating;
(iv) Written documentation of the bidder/offeror's commitment to use a DBE
subcontractor whose participation it submits to meet a contract goal; and
(v) Written confirmation from each listed DBE firm that it is participating in the contract
in the kind and amount of work provided in the prime contractor's commitment.
(vi) If the contract goal is not met, evidence of good faith efforts (as elaborated in
Appendix A of Part 26). The documentation of good faith efforts must include copies
of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-
DBE subcontractor was selected over a DBE for work on the contract; and
(3) The bidder/offeror will be required to present the information stipulated in paragraph
(2) of this section:
Under sealed bid procedures, as a matter of responsiveness, or with initial proposals,
under contract negotiation procedures;
Provided that, in a negotiated procurement, including a design-build procurement, the
bidder/offeror may make a contractually binding commitment to meet the goal at the time
of bid submission or the presentation of initial proposals but provide the information
required by paragraph (2) of this section before the final selection for the contract is made
by the recipient.
Administrative reconsideration
Within 5 days of being informed by the City that it is not responsive because it has not
documented adequate good faith efforts, a bidder/offeror may request administrative
reconsideration. Bidder/offerors should make this request in writing to the following
reconsideration official: DVIN Business Equity Division, 818 Missouri Avenue, Fort Worth Texas
76104, (817) 392-2674, DVIN BEOffice(&-fortworthtexas.gov .. The reconsideration official will not
have played any role in the original determination that the bidder/offeror did not document
sufficient good faith efforts.
As part of this reconsideration, the bidder/offeror will have the opportunity to provide written
documentation or argument concerning the issue of whether it met the goal or made adequate
good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the
reconsideration official to discuss the issue of whether the goal was met or the bidder/offeror
made adequate good faith efforts to do. The bidder/offeror will be sent a written decision on
reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or
make adequate good faith efforts to do so. The result of the reconsideration process is not
administratively appealable to the Department of Transportation.
Good Faith Efforts procedural requirements (post-solicitation)
The awarded contractor will be required to make available upon request a copy of all DBE
subcontracts. The contractor shall ensure that all subcontracts or agreements with DBEs to supply
labor or materials include all required contract provisions and mandate that the subcontractor and
all lower tier subcontractors perform in accordance with the provisions of Part 26.
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Prime contractors will be prohibited from terminating a DBE subcontractor listed in response to a
covered solicitation (or an approved substitute DBE firm) without the prior written consent of the
City. This includes, but is not limited to, instances in which a prime contractor seeks to perform
work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a
non-DBE firm, or another DBE firm.
Such written consent will be provided only if the City agrees,for reasons stated in the concurrence
document, that the prime contractor has good cause to terminate the DBE firm. For purposes of
this paragraph, good cause includes the following circumstances:
(1) The listed DBE subcontractor fails or refuses to execute a written contract;
(2) The listed DBE subcontractor fails or refuses to perform the work of its subcontract in
a way consistent with normal industry standards. Provided however, that good cause
does not exist if the failure or refusal of the DBE subcontractor to perform its work on
the subcontract results from the bad faith or discriminatory action of the prime
contractor;
(3) The listed DBE subcontractor fails or refuses to meet the prime contractor's
reasonable, non-discriminatory bond requirements.
(4) The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit
unworthiness;
(5) The listed DBE subcontractor is ineligible to work on public works projects because of
suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and 1,200
or applicable state law;
(6) The City determined that the listed DBE subcontractor is not a responsible contractor;
(7) The listed DBE subcontractor voluntarily withdraws from the project and provides The
City written notice of its withdrawal;
(8) The listed DBE is ineligible to receive DBE credit for the type of work required;
(9) A DBE owner dies or becomes disabled with the result that the listed DBE contractor
is unable to complete its work on the contract;
(10) Other documented good cause that the City has determined compels the termination
of the DBE subcontractor. Provided, that good cause does not exist if the prime
contractor seeks to terminate a DBE it relied upon to obtain the contract so that the
prime contractor can self-perform the work for which the DBE contractor was engaged
or so that the prime contractor can substitute another DBE or non-DBE contractor after
contract award.
Before transmitting to the City a request to terminate and/or substitute a DBE subcontractor, the
prime contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of
its intent to request to terminate and/or substitute the DBE, and the reason(s)for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and
advise the City and the prime contractor of the reasons, if any, why the DBE objects to the
proposed termination of its subcontract and why the prime contractor's action should not be
approved. If required in a particular case as a matter of public necessity(e.g., safety), a response
period shorter than five days may be provided.
In addition to post-award terminations, the provisions of this section apply to pre-award deletions
of or substitutions for DBE firms put forward by offerors in negotiated procurements.
Each prime contract will include a provision stating:
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The contractor shall utilize the specific DBEs listed in the contractor's bid/solicitation
response to perform the work and supply the materials for which each is listed unless the
contractor obtains prior written consent of the City as provided in 49 CFR Part 26,
§26.53(f). Unless such consent is provided, the contractor shall not be entitled to any
payment for work or material unless it is performed or supplied by the listed DBE.
The City will require a contractor to make good faith efforts to replace a DBE that is terminated or
has otherwise failed to complete its work on a contract with another certified DBE. These good
faith efforts shall be directed at finding another DBE to perform at least the same amount of work
under the contract as the DBE that was terminated, to the extent needed to meet the contract
goal that was established for the procurement. The good faith efforts shall be documented by the
contractor. If the City requests documentation from the contractor under this provision, the
contractor shall submit the documentation within 7 days, which may be extended for an additional
7 days if necessary at the request of the contractor. the City shall provide a written determination
to the contractor stating whether or not good faith efforts have been demonstrated.
If the contractor fails or refuses to comply in the time specified, the contracting
office/representative of the City may issue an order stopping all or part of payment/work until
satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may
issue a termination for default proceeding.
Section 26.55Counting DBE Participation
DBE participation will be counted toward overall and contract goals as provided in §26.55. The
participation of a DBE subcontractor will not be counted toward a contractor's final compliance
with its DBE obligations on a contract until the amount being counted has actually been paid to
the DBE.
In the case of post-award substitutions or additions, if a firm is not currently certified as a DBE in
accordance with the standards of subpart D of this part at the time of the execution of the
contract, the firm's participation will not be counted toward any DBE goals, except as provided
for in §26.870).
Pursuant to Sec. 150 of the FAA Reauthorization Act of 2018, firms that exceed the business size
standard in § 26.65(b)will remain eligible for DBE certification and credit on FAA-funded projects
as long as they do not exceed the small business size standard, as adjusted by the United States
Small Business Administration, for the NAICS code(s) in which they are certified.
SUBPART D—CERTIFICATION STANDARDS
Section 26.61 — 26.73 Certification Process
The City will use the certification standards of Subpart D of Part 26 to determine the eligibility of
firms to participate as DBEs in DOT-assisted contracts. To be certified as a DBE, a firm must
meet all certification eligibility standards. the City makes all certification decisions based on the
facts as a whole.
For information about the certification process or to apply for certification, firms should contact:
Name: North Central Texas Regional Certification Agency
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Title: Certification Specialist
Address, 624 Six Flags Drive, Arlington, TX 76011
Telephone Number: (817) 640-0606
Fax Number: (817) 640-6315
E-mail Address: Mail(c-nctrca.org
Or
Name: Texas Department of Transportation (TxDOT) Online Support
Telephone Number: 1-866-480-2518, Option 1
https://txdot.txdotcros.com/
The Uniform Certification Application form and documentation requirements are found in
Appendix F to Part 26 to this program.
SUBPART E—CERTIFICATION PROCEDURES
Section 26.81 Unified Certification Programs
The City is the member of a Unified Certification Program (UCP) administered by the NCTRCA.
The UCP will meet all of the requirements.
SUBPART F—COMPLIANCE AND ENFORCEMENT
Section 26.101 Compliance Procedures Applicable to the City
The City understands that if it fails to comply with any requirement of this part, the City may be
subject to formal enforcement action under§26.103 or§26.105 or appropriate program sanctions
by the concerned operating administration, such as the suspension or termination of Federal
funds, or refusal to approve projects, grants or contracts until deficiencies are remedied. Program
sanctions may include in the case of the FAA program, actions consistent with 49 U.S.C.
47106(d), 47111(d), and 47122. requirements.
Section 26.109 Information, Confidentiality, Cooperation and intimidation or retaliation
Information that may reasonably be regarded as confidential business information, consistent with
Federal, state, and local law will be safeguarded from disclosure to third parties. Under the Texas
Public Information Act, Section 552 of the Texas Government Code (the "Act"), the City will notify
any third parties, including all disadvantage business enterprises of any request made to the City
for any third party proprietary or confidential business information which will allow the DBE's the
ability to make arguments to the Texas Attorney General's Office regarding the proprietary or
confidential nature of their documents. The City will not release any documents that were
requested under the Act that involve proprietary or confidential records of a third party, including
any DBE, until an official ruling has been provided by the Texas Attorney General regarding the
withholding or release of the records.
Notwithstanding any provision of Federal or state law, information that may reasonably be
construed as confidential business information will not be released to any third party without the
written consent of the firm that submitted the information, including applications for DBE
certification and supporting information. However, this information will be transmitted to DOT in
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any certification appeal proceeding under §26.89 or to any other state to which the individual's
firm has applied for certification under§26.85.
All participants in the Department's DBE program (including, but not limited to, recipients, DBE
firms and applicants for DBE certification, complainants and appellants, and contractors using
DBE firms to meet contract goals) are required to cooperate fully and promptly with DOT and
recipient compliance reviews, certification reviews, investigations, and other requests for
information. Failure to do so shall be a ground for appropriate action against the party involved
(e.g., with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial of
certification or removal of eligibility and/or suspension and debarment; with respect to a
complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which
uses DBE firms to meet goals, findings of non-responsibility for future contracts and/or suspension
and debarment).
The City, contractor, or any other participant in the program will not intimidate, threaten, coerce,
or discriminate against any individual or firm for the purpose of interfering with any right or privilege
secured by this part or because the individual or firm has made a complaint, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing under this part. The City
understands that it is in noncompliance with Part 26 if it violates this prohibition.
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FORTWORTH.
City of Fort Worth
FFY 2022- 2024
Disadvantaged Business Enterprise (DBE) Program Goal
Summary
Federal Aviation Administration
DBETriennial Goal and Program Methodology
Overall Goal (49 CFR Part 26. 45)
Amount of Goal
The City of Fort Worth (the City) overall proposed goal for Federal Fiscal Years (FFY) 2022 —
2024 is 32.89% of the Federal financial assistance we will expend in DOT-assisted contracts.
Methodology
The City is using an approved FAA DBE Triennial Goal setting methodology based on data from
a third-party consultant to examine the past and current status of MBEs, WBEs, and DBEs in the
City's geographic and product markets for construction, construction related professional services
and goods and services. The City's use of the City Council-approved Disparity Study, conducted
in FFY2020, was the basis to determine the availability of DBEs to establish the goal for FFYs
2022 - 2024. Refer to Executive Summary in Appendix E.
This FFY 2022 - 2024 DBE established goal is based on the Consultant's research and sources
used such as, data from Census Bureau's American Community Survey ("ACS"), DBE
Directories, UCP directories and other sources to estimate the availability of DBEs in the City's
market area. We project that the amount of DBE utilization we expect to achieve through race-
neutral measures, and through race-conscious contract goals.
The proposed DBE Triennial Goal for FFYs 2022 - 2024 is 0.00% to be achieved through race-
neutral measures, and 32.89% through race-conscious measures.
Sincerely,
Gwen Wilson, DBELO
City of Fort Worth
818 Missouri Ave.
Fort Worth, Texas 76104
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ATTACHMENTS
Attachment 1 Regulations: 49 CFR Part 26 or website link
Attachment 2 Organizational Chart
Attachment 3 Bidder's List Collection Form
Attachment 4 DBE Directory or link to DBE Directory
Attachment 5 Overall Goal Calculations
Attachment 6 Demonstration of Good Faith Efforts or Good Faith Effort Plan - Forms 1 & 2
Attachment 7 DBE Monitoring and Enforcement Mechanisms
Attachment 8 DBE Certification Application Form
Attachment 9 State's UCP Agreement
Attachment 10 Small Business Element Program
APPENDIX
Appendix A— Minority Financial Institutions
Appendix B— Business Equity Advisory Board Meeting Agenda, Posting & Members
Appendix C —Public Outreach Virtual Event Announcements, Ads & Registrants
Appendix C-1 —List of certified D/M/WBE Attendees
Appendix D— Public Notice
Appendix E— Executive Summary—2020 Disparity Study
Appendix F— Business Equity Ordinance#24534-11-2020
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ATTACHMENT 1
Regulations: 49 CFR Part 26, or links to website
Part 26. PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN
DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS
■ Subpart A- General ( 26.1 - 26.15)
■ Subpart B - Administrative Requirements for DBE Programs for Federally-Assisted
Contracting M 26.21 - 26.39)
■ Subpart C - Goals, Good Faith Efforts, and Counting (§§ 26.41 - 26.55)
■ _Subpart D - Certification Standards ( 26.61 - 26.731
■ Subpart E- Certification Procedures ( 26.81 -26.91)
■ Subpart F - Compliance and Enforcement ( 26.101 - 26.109)
■ SUBPART
■ 49CFR Appendix A to Part 26- Guidance Concerning Good Faith Efforts
■ 49CFR Appendix B to Part 26 - Uniform Report of DBE Awards or Commitments and
Payments Form
■ 49CFR Appendix C to Part 26 - DBE Business Development Program Guidelines
■ 49CFR Appendix D to Part 26- Mentor-Prot6ge Program Guidelines
■ 49CFR Appendix E to Part 26- Individual Determinations of Social and Economic
Disadvantage
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ATTACHMENT 2
ORGANIZATIONAL CHART
Airport Board of Commissioners
DAVID C.COOKE
€ .................................................................:
CITY MANAGER
FERNAN O COSTA
ASSISTANT C TY MANAGER
ROGER VENABLES CHRISTINA BROOKS CHIEF EQUITY
AVIATION DIRECTOR OFFICER/DIRECTOR-DEPARTMENT OF
DIVERSITY AND INCLUSION
RICARD BARCELO
ADMINISTRA IVE SERVICES
MGR.
GWEN WILSON-DBELO
..............•••••• ASSISTANT DIRECTOR,BUSINESS EQUITY
DIVISION-DEPARTMENT OF DIVERSITY
TYLE DALE
EAIRPORT ROJECT
COORDINATOR
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ATTACHMENT
Bidder's List Collection Form
DBE or Non-
Firm DBE Status
Firm Name Address/ (verify via Age of Firm Annual Gross Receipts
Phone# State's UCP
❑ Less than 1 year ❑ Less than$500K
❑ 1-3 years ❑ $500K-$1 million
❑ 4-7 years ❑ $1-2 million
❑ 8-10 years ❑ $2-5 million
❑ More than 10 years ❑ Greater than$5 million
❑ Less than 1 year ❑ Less than$500K
❑ 1-3 years ❑ $500K-$1 million
❑ 4-7 years ❑ $1-2 million
❑ 8-10 years ❑ $2-5 million
❑ More than 10 years ❑ Greater than$5 million
❑ Less than 1 year ❑ Less than$500K
❑ 1-3 years ❑ $500K-$1 million
❑ 4-7 years ❑ $1-2 million
❑ 8-10 years ❑ $2-5 million
❑ More than 10 years ❑ Greater than$5 million
❑ Less than 1 year ❑ Less than$500K
❑ 1-3 years ❑ $500K-$1 million
❑ 4-7 years ❑ $1-2 million
❑ 8-10 years ❑ $2-5 million
❑ More than 10 years ❑ Greater than$5 million
❑ Less than 1 year ❑ Less than$500K
❑ 1-3 years ❑ $500K-$1 million
❑ 4-7 years ❑ $1-2 million
❑ 8-10 years ❑ $2-5 million
❑ More than 10 years ❑ Greater than$5 million
❑ Less than 1 year ❑ Less than$500K
❑ 1-3 years ❑ $500K-$1 million
❑ 4-7 years ❑ $1-2 million
❑ 8-10 years ❑ $2-5 million
❑ More than 10 years ❑ Greater than$5 million
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ATTACHMENT
DBE Directories and Links
State of Texas
North Central Texas Regional Certification Agency(NCTRCA) www.nctrca.mwdbe.com
Texas Department of Transportation
https://txdot.txdotcros.com/
Unified Certification Program
https://www.txdot.gov/inside-txdoVdivision/civil-rights/tucp.html
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ATTACHMENT 5
Overall DBE Triennial Goal Methodology
Name of Recipient: The City of Fort Worth(The City)
Goal Period: FFY-2022-2023-2024—October 1, 2022 through September 30, 2025)
DOT-assisted contract amount: FFY-2022 $ 857,009.00
FFY-2023 $ 11,389,301.00
FFY-2024 $ 13,944,747.00
Total $ 26,191,059.00
Overall Triennial Goal:32.89%, to be accomplished through 32.89% RC and 0.00% RN
Total dollar amount to be expended on DBEs: $8,320,772.00
Number and Type of Contracts that the airport anticipates awarding:
Contract#1
Fiscal Year#1
Joint Reseal&Pavement Repair(Design&Construction) $857,009
Design $51,421
Mobilization $70,275
Traffic Control $35,137
Airfield Paving $597,335
Construction Management $102,841
Contracts #2
Fiscal Year#2
Taxiway P (TWYF to TWY G) (Design & $11,389,301
Construction
Design $683,358
Mobilization $466,961
Traffic Control $457,622
Airfield Paving $3,271,531
Demolition $101,798
Earthwork $2,554,279
Pavement Markings $29,886
Fencing $43,894
Erosion /Sed control $36,423
Drainage $266,168
Landscaping $667,755
Perimeter Road Paving $716,319
Airfield Electrical $726,592
Construction Management $1,366,716
25
Form Revision Date:2020-10-21
Contract#3
Fiscal Year#3
Taxiway P (Taxiway G- H) Design & $13,944,747.00
Construction
Design $836,685
Mobilization $571,735
Traffic Control $560,300
Airfield Paving $4,005,573
Demolition $124,638
Earthwork $3,127,388
Pavement Markings $36,591
Fencing $53,743
Erosion /Sed control $44,595
Drainage $325,889
Landscaping $817,581
Perimeter Road Paving $877,041
Airfield Electrical $889,619
Construction Management $1,673,370
Market Area: As defined by the City's 2020 Disparity Study, the State of Texas contained 97.3
percent of the contract dollars in this market. Three counties — Tarrant, Dallas, and Johnson
capture 92.6 percent of the Texas dollars (and 90.1 percent of the Final Contract Data File).
https://www.fortworthtexas.gov/departments/diversity-inclusion/business-equity
Table 1-2: Distribution of Contracts in the City's Product Market
Pct Total Contract Cumulative Pct
State/County Dollars Total Contract
Dollars
Tarrant 68.9°/ 68.9%
Dallas 20.0% 89.0%
Johnson 3.6% 92.6%
TOTAL 100.0%8
a. The rest of the counties in Texas captured 7.4 percent of
the Oty's spending in the state.
Source:CHA analysis of the City data.
Step 1. Actual relative availability of DBEs
We first determined the percentage of DBEs both prime and subcontractors that are ready, willing,
and able to compete for contract work. The City used the 2020 Disparity Study Method Refer to
Appendix E— Executive Summary.
26
Form Revision Date:2020-10-21
The Study was conducted by a Consultant, Colette Holt and Associates(CHA) who used the
following sources, data, and literature:
■ Data from ii ie Census Bureau's Survey'of Business Owners
htti)s://www.census.gov/programs-surveys/decennial-census/decade/2020/2020-census-main.html
■ Data from the Census Bureau's American Community Survey("ACS").
■ Study's analysis of the City's Data (Geographic Market)
■ Hoovers
■ CHA master directory
■ North Central Texas Regional Certification Agency www.nctrca.mwdbe.com
■ Texas Department of Tr ansportution
https://txdot.txdotcros.com/FrontEnd/VendorSearchPublic.asp?TN=txdot&XI D=2340
The base figure for the relative availability was calculated as follows:
Contract#1 Trade Description NAICS Description NAICS Trade($) DBE(%) DBE($)
Joint Reseal&Pavement Repair Design Engineering design 541330 $51,421 25.00% $12,855
(Design&Construction) services
Construction NAICS Description
Mobilization Other Scientific and 541611 $70,275 8.60% $6,044
Technical Consulting
Services
Traffic Control Flagging(i.e.traffic control) 561990 $35,137 3.60% $1,265
services
Airfield Paving Airport runway construction 237310 $597,335 40.40% $241,323
or Asphalt paving(i.e.
highway,road,street,
public sidewalk
Construction Management Construction Management, 237310 $102,841 40.40% $41,548
highway,road,street and
bridge
Year 1 Total 1 $867,009 35.36% $303,035
The base goal projection after weighting is as follows:
Total Weighted DBE Availability: $303,035
Divided by = 35.36%
Total for All Trades: $857,009
Dividing the weighted DBE totals by the total estimate for all trades gives a base DBE availability
figure for the projects anticipated during the goal-setting period. This figure is expressed as a
percentage and serves as the basis for the triennial overall goal.
Base of DBE Goal: 35.36%
27
Form Revision Date:2020-10-21
Contract#2 Trade Description NAICS Description NAICS Trade($) DBE(%) DBE(b)
Taxiway P(TWYF to TWY G) Design Engineering design 541330 $683,358 25.00% $170,840
(Design&Construction) services
Construction NAICS Description
Mobilization Other Scientific and 541611 $466,961 8.60% $40,159
Technical Consulting
Services
Traffic Control Flagging(i.e.traffic control) 561990 $457,622 3.60% $16,474
services
Airfield Paving Airport runway construction 237310 $3,271,531 40.40%$1.321,699
or Asphalt paving(i.e.
highway,road,street,
public sidewalk
Demolition Demolition Contractor 238910 $101,798 38.30% $38,989
Earthwork Demolition Contractor 238910 $2,554,279 38.30% $978,289
Pavement Markings Airport runway line painting 237310 $29,886 40.40% $12,074
(e.g.striping)
Fencing Fencing Contractors 238990 $43,894 11.40% $5,004
(except:electronic
containment fencing for
Erosion/Sed control Erosion Control Services 561730 $36,423 5.50% $2,003
Drainage Land Drainage Contractors 237990 $266,168 10.000/c $26,617
Landscaping Landscaping Services 5617301 $667,755 5.50% $36,727
Perimeter Road Paving Asphalt paving(i.e., 237310 $716,319 40.40% $289,393
highway,road,street,
public sidewalk)
Airfield Electrical Airport runway lighting 238210 $726,592 15.70% $114,075
contractors
Construction Management Construction Management, 237310 $1,366,716 40.40% $552,153
highway,road,street and
bridge
Year 2 Total $11,389,302 31.65%$3,604,494
The base goal projection after weighting is as follows:
Total Weighted DBE Availability: $3,604,494
Divided by -- 31.65%
Total for All Trades: $11,389,302
Dividing the weighted DBE totals by the total estimate for all trades gives a base DBE availability
figure for the projects anticipated during the goal-setting period. This figure is expressed as a
percentage and serves as the basis for the triennial overall goal.
Base of DBE Goal: 31.65%
28
Form Revision Date:2020-10-21
Contract#3 Trade Description
Taxiway P(Taxiway G-H)Design& Design Engineering design 541330 $836,685 25.00% $209,171
Construction services
Construction NAICS Description NAICS Trade($)
Mobilization Other Scientific and 541611 $571,735 8.60% $49,169
Technical Consulting
Services
Traffic Control Flagging(i.e.traffic control) 561990 $560,300 3.60% $20,171
services
Airfield Paving Airport runway construction 237310 $4,005,573 40.40%$1,618,251
or Asphalt paving(i.e.
highway,road,street,
public sidewalk
Demolition Demolition Contractor 238910 $124,638 38.30% $47,736
Earthwork Demolition Contractor 238910 $3,127,388 38.30%$1,197,790
Pavement Markings Airport runway line painting 237310 $36,591 40.40% $14,783
(e.g.striping)
Fencing Fencing Contractors 238990 $53,743 11.40% $6,127
(except:electronic
containment fencing for
pets)
Erosion/Sed control Erosion Control Services 561730 $44,595 5.50% $2,453
Drainage Land Drainage Contractors 237990 $325,889 10.00% $32,589
Landscaping Landscaping Services 561730 $817,581 5.50% $44,967
Perimeter Road Paving Asphalt paving(i.e., 237310 $877,041 40.40% $354,325
highway,road,street,
public sidewalk)
Airfield Electrical Airport runway lighting 238210 $889,619 15.70% $139,670
contractors
Construction Management Construction Management, 237310 $1,673,370 40.401% $676,041
highway,road,street and
bridge
Year 3 Total $13,944,748 31.65"/,$4,413,243
The base goal projection after weighting is as follows:
Total Weighted DBE Availability: $4,413,243
Divided by = 31.65%
Total for All Trades: $13,944,748
Dividing the weighted DBE totals by the total estimate for all trades gives a base DBE availability
figure for the projects anticipated during the goal-setting period. This figure is expressed as a
percentage and serves as the basis for the triennial overall goal.
Base of DBE Goal: 31.65%
29
Form Revision Date:2020-10-21
Three Year Base Figures:
Years Total Projects ($) DBE ($) DBE (%)
Year 1 $857,009 $303,035 35.36%
Year 2 $11,389,302 $3,604,494 31.65%
Year 3 $13,944,748 $4,413,243 31.65%
Totals $26,191,059 $8,320,772 31.77%
The proposed step one base percentage figures are:
Year 1 - 35.36%
Year 2- 31.65%
Year 3-31.65%
98.66% divide by 3
Average the proposed DBE goals for the next three years and divide by three: 32.89%
Step 1 Base Goal Percentage is 32.89%
Step 2: Adjustments to Step 1 base figure
Past History Participation
In conducting the step two adjustment we considered all of the evidence - Past Participation.
This step is intended to adjust the Step One Base Figure percentage so that it reflects as
accurately as possible the DBE participation the recipient would expect in a race/gender neutral
process.
The data used to determine the adjustment to the base figure was the median of historical DBE
accomplishments, as follows:
FFY Total Grant$ DBE Goals Accomplishments
Amount RC RN Total RC RN Total Type of work
IFFY 16 $10,680,318 17.500/6 4.5% 13.00% 13.00% 9.58% 22.58% Extend Runway-16U34R
Grant#3-48-0296-057-2016
IFFY 17 $12,392,264 25.42% 3.28% 22.14% 0.00% 0.00% 0.00% Extend Runway-16U34R,
Rehabilitate Runway-
16U34R,Rehabilitate
Runway-16R/34L,
Rehabilitate Taxiway Lighting
IFFY 18 1,386,164 15.11% 3.28% 18.39% 0.00% 0.00% 0.00% Rehabilitate Runway-
16U34R,Conduct Noise
Compabbility Plan Stud
IFFY 19 4,113,370 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Noise Mitigation Measures for
Residences within 65-69
DNL,Extend Taxiway,
Rehabilitate Runway Lighting
-16U34R,Rehabilitate
Taxiway Lighting[Taxiway A
IFFY 20 6,611,500 19.82% 3.28% 23.10% 17.92% 0.00% 17.92% Noise Mitigation Measures for
Residences within 65-69
DNL,Extend Taxiway
Arranging this historical data from low to high, (0.0%, 0.0%, 0.0%,17.92%, 22.58%) the median
is 0.0%.
30
Form Revision Date:2020-10-21
Not enough historical data on DBE participation is available to reference to make an adjustment
to the Step 1 base figure; therefore, Fort Worth Alliance Airport is adopting the Step 1 base figure
as the overall average of the goal percentage for this triennial goal period. The City of Fort Worth
Alliance Airport estimates that in meeting the established overall goal of 32.89%, it will obtain
0.00%from RN participation and 32.89% through RC measures.
Breakout of Estimated "Race and Gender Neutral" (RN) and "Race and Gender
Conscious" (RC) Participation.
The City will meet the maximum feasible portion of the overall goal by using RN means of
facilitating DBE participation.
1. Arranging solicitations, times for the presentation of bids, quantities, specifications,
and delivery schedules in ways that facilitates DBE, and other small businesses,
participation;
2. Aiding in overcoming limitations such as inability to obtain bonding or financing;
3. Providing technical assistance and other services;
4. Carrying out information and communications programs on contracting procedures
and specific contract opportunities;
5. Implementing a supportive services program to develop and improve immediate and
long-term business management, record keeping, and financial and accounting
capability for DBEs and other small businesses;
6. Providing services to help DBEs and other small businesses improve long-term
development, increase opportunities to participate in a variety of kinds of work, handle
increasingly significant projects, and achieve eventual self-sufficiency;
7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE
participation has historically been low;
8. Assist DBEs and other small businesses, to develop their capability to utilize emerging
technology and conduct business through electronic media; and
9. Fort Worth Alliance Airport estimates that in meeting the established overall goal of
32.89%, it will obtain 0.0% from RN participation and 32.89% through race conscious
measures.
10. The City will adjust the estimated breakout of race neutral and race conscious DBE
participation as needed to reflect actual DBE participation (see §26.51(f)) and track
and report race neutral and race conscious participation separately.
The City estimates that in meeting the established overall goal of 32.89%, it will obtain
0 % from RN participation and 32.89%through RC measures.
This breakout is based on:
Past History Participation (refer to Step 2: Adjustments to Step 1 base figure, page 31)
In conducting the step two adjustment we considered all of the evidence — Past Participation.
This step is intended to adjust the Step One Base Figure percentage so that it reflects as
accurately as possible the DBE participation the recipient would expect in a race/gender neutral
process.
The data used to determine the adjustment to the base figure was the median of historical DBE
accomplishments (reference chart on page 31). Arranging this historical data from low to high,
(0.0%, 0.0%, 0.0%,17.92%, 22.58%)the median is 0.0%.
Not enough historical data on DBE participation is available to reference to make an adjustment
to the Step 1 base figure; therefore, Fort Worth Alliance Airport is adopting the Step 1 base figure
31
Form Revision Date:2020-10-21
as the overall average of the goal percentage for this triennial goal period. The City of Fort Worth
Alliance Airport estimates that in meeting the established overall goal of 32.89%, it will obtain
0.00% from RN participation and 32.89% through RC measures.
a) The City does not have a history of DBE participation or over-achievement of goals to
reference and expects to obtain its DBE participation through the use of DBE contract
goals or a conscious effort to obtain DBE participation. Therefore, the entire goal of
32.89% is to be obtained through race-conscious participation.
The City will adjust the estimated breakout of RN and RC DBE participation as needed to reflect
actual DBE participation [see §26.51(o] and track and report RN and RC participation
separately. For reporting purposes, RN DBE participation includes, but is not necessarily limited
to the following: DBE participation through a prime contract obtained through customary
competitive procurement procedures; DBE participation through a subcontract on a prime
contract that does not carry a DBE goal, DBE participation on a prime contract exceeding a
contract goal, and DBE participation through a subcontract from a prime contractor that did not
consider a firm's DBE status in making the award.
PUBLIC PARTICIPATION
Consultation:
In establishing the overall goal, City of Fort Worth provided for consultation and publication. This
process included consultation with disadvantaged business enterprises, minority, women's, and
general contractor groups, community organizations, and other officials or organizations which
could be expected to have information concerning the availability of disadvantaged and non-
disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the Fort
Worth Alliance Airport's efforts to establish a level playing field for the participation of DBEs.
The consultation included a scheduled, direct, interactive exchange with as many interested
stakeholders as possible focused on obtaining information relevant to the goal setting process,
and was conducted before the goal methodology was submitted to the operating administration
for review. Details of the consultation are as follows:
1. On June 25, 2021, the DBELO presented the DBE Program Methodology and Triennial
Goals to the Business Equity Advisory Board, an 18-person board that consist of four
Chambers of Commerce, six Advocacy partners that promote business diversity, three
Certification Agencies, three Community Organizations, and five City Department
representatives,
2. Public Outreach Virtual Event Announcement and Invitation sent to approximately 2,192
certified DBEs, and M/WBEs, and followed up with a copy of presentation distributed to
all attendees.
3. On July 13, 2021, the DBELO and the Aviation staff representatives held a Public Virtual
Outreach Conference. A video recording of the conference is available on the City's
website.
If the proposed goal change, following a review by Herlinda J. Bradley, the revised goal will be
posted on the City of Fort Worth's official website.
Notwithstanding paragraph (f)(4) of §26.45, the City of Fort Worth proposed goals will not be
implemented until this requirement has been met.
32
Form Revision Date:2020-10-21
FORT WORTH.
You're Invited!
Public Outreach Virtual Event
$26 Million in Federal Grants for Construction Projects at Fort Worth Alliance Airport and$8 Million(31.8%)DBE Goal
City of Fort Worth Alliance Airport encourages Public Participation and Feedback on Proposed Goal
The City of Fort Worth invites the consultant and contractor community along with the general public to
attend our upcoming outreach meeting to learn more about the proposed
DBE Goal rV9_ethec�1r.,p�,,,�1,-fo:-Federal Fiscal Years 2022-2024.
Virtual WebEx Conference
Date: July 13, 2021
Time: 9:30 AM
REGISTER ON LINE
https://www.eventbrite.com/e/city-of-fort-worth-alliance-air ort-construction-projects-for-dbes-tickets-161705915747
We look forward to your involvement and comments in this open and important discussion.
WORK CATEGORIES/TRADES:
• AIRFIELD ELECTRICAL
• AIRFIELD PAVING
• CONSTRUCTION MANAGEMENT
• DEMOLITION
• DESIGN
• DRAINAGE
• EARTHWORK
• EROSION/SED CONTROL
• FENCING
• LANDSCAPING
• MOBILIZATION
• PAVEMENT MARKINGS
• PERIMETER ROAD PAVING
• TRAFFIC CONTROL
CONTACT US AT: DVIN BEOffice@fortworthtexas.gov for assistance.
33
Form Revision Date:2020-10-21
PLC BLIC \OTICE
FoRTWORTE,
City of Fort«-orth
Diversity and Inclusion Department
July 1,2021
'NOTICE REG'.-1RDL\G THE CITY OF FORT WORTH'S
PROPOSED DBE GOAL FOR FISCAL ITAR 2022 THROUGH FISCAL IT R 2024
FOR DISADVANTAGED BI:SL\ESS EI\-TERPRISE
PARTICIPATION O\ALLLINCE AIRPORT FEDER-ALLY-FI-NDED CO NTR-1CTS
Please be advised that the.11hance:Airport's proposed goal for Disadvantaged Business
Enterprise participation on federally--funded contracts is 31.8°0 of$26,191772. This
means that:Illiance Airport proposes to spend S8.320 772 with Disadvantaged Business
Enterprises on upcoming federally-funded capital projects.
PLEASE BE ADCISED THAT THE ALLLI_'tiCE AIRPORTS PROPOSED GO XL XN,-D
RATIONAL FOR DI.SADI:I\TAGED BU SLNESS ENTERPRISE PARTICIPATION ON
FEDER.ULI'-FUNDED CONTRACTS IS 1 MLABLE FOR L1SPECTI0\AT:
City of Fort Worth
Business Equity Division
Diversity and Inclusion Department
818 Missouri Avenue
Fort Worth-Texas 76104
817-392-2676
SEND CO-101 E TS ON THE PROPOSED GO-Al TO:
Graven Wilson-DBE Liaison
Assistant Diversity and Inclusion Director
DBU SrIT:L\D L\CLI SION DEPARTMENT
The City of Fort worth*818 Missouri Awnue*Fort t aIL Texas 76104
817-392-2676*Fax 817-392-7529
Emus: D4iWI fj'igg4&ggvorthtexas.gm,
DBE/ACDBE Program Compliance Specialist
Federal Aviation Administration
Office of Civil Rights—External Operations(ACR-4)
E-mail:her]inda.i.bradley(cD.faa.gov
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34
Form Revision Date:2020-10-21
ATTACHMENT 6
Demonstration of Good Faith Efforts - Forms 1 & 2
Form 7
FORT WoR City of Fort Worth •Trscettmn 1c ATTACPP&W 3 of i
Buelneve Equity DMslon r•rterJ
Good Fekh Effort Form
a l Dla tea prevent a pruusa for ar sasr.s.thle"Is-1.w a poaft—im aa.FEle r are
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❑No
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x % ehoWd M In IM firm fun a of an affldeMl,Include a dnaeod e:plenadon of why the Bounties EyYlly btu
was r peal and WY seppondng dotaMneuon dr Pmtelgrror wehss to M conorefed by er CRY.M the
srMt of.botea ad.depute o—I g gnoee,dr Primalolferor will pore.for oor llder—Inert
eeena m an Meveedon of any reeve t docwMmsflpn by City p—nn.L
If dh.Pdr—Off.W.nre0lod d mrrplirho iIh dr Bu•Inra Epdy Goal k be••d h«e,..e eadene,wr.nw «. .,,a.rYon.
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• •OYV•r,�w•.qlv erpnnaY rV/d..•Mdw.
(Yee eC.Abnel pert•deecMrr)9
Lrta tq LNt sappy ADDITIONAL luFORYATN)N:
Please prorldi,addarwaf leermatbn Yee MI vela 1011 .plain Yew good rid honrt effort W obtee
swi—Egeay arm Penaolpau"oa Or proi.n.
The PmmefOnsror Further agrees to provide. directly to the city upon fpwst,
complete and accurate INormanon regarding acnlal work performed on this contract,
the payment thereof and any proposed charges to the Original arrangements submitted
with this bid.The PdmHofhror also agrees to allow an audit andfor examination of any
boons,records and flies held by their company that will substantiate,the actual work
performed on this contract,by an authorized ofnder or employee of the City.
waver Or
A Prime/Offeror who kmeddohely anNor knowingly misrepresents material hots shall W
Debarred for a period of rims of not less than three tit)years.
ATTACHNENTIC
Paps 4 of 4
The undersigned certifies that the information provided and the Business Equity firms
listed wastwere contacted in good faith. R is understood that any Business Equity firms
listed in Attachment 1C will be contacted and the reasons for not using them will be
verified by the City's Business Equity Division.
AnIftwized Signature Printed Signature
Title Contact Name and Title(H different)
Company Nam Pbtdne Number
Address Email Addrm
Ct"t%620 Dab
35
Form Revision Date:2020-10-21 Attachment 6
FORTWORTH. Form 2
PROJMS aDa
ntO ��❑
Business Equity Division
LETTER OF INTENT
A-Mi=Equiyr SubZadrvcWrC=ULvt khrma6aa:
A cwW*d Business EmdN F m is owed by a Mbarir or Woman Busness F_nteerrim(MNVIM
(Pursuant to the Ciy of Fort Yllnrdu's Business Equdy Ordawnee,cetlied Bigness Equity imis participatarg ender the Ordinance must be
certbed prior to recarrrmerxbtiaru of award in order to be coveted t mards ire Business Eq uily contract loan Cerh'fyng agencies
aooeptabie by the W. North Centro° Teas Regional Caftabon Agency (NCTRCk DallasuFcst Y*wM Mnmty Supplier
De►elepmneit Council, bra (DFW USDC), Womeris Business Cants - Soutrurest (WBCS), or the Texas Department of
Transportation(TXDOTX Nolte:For Federaly-FwwWd projects the fern must be certBed as a Disadraedapd Business Enterprise(DBE)by The
HCTRCA a%ft T1mtt1T may.]Al Fields ale Re*wed- Do not leave blank.
t. Name mi Project
2 Name of0govelftne Caedrad ir.
I Name of Business EW*
Address: Firn Contact NawMPlmrAr
4. The rude**is prepared to pecker ire foiauiug described wctk andfor supply due material Tested in connection redo the Www project
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sat imb it the later of Mont. To tee best of my bnorrledle,Mk nn*m and belief,the tads in 9hrs fans ae to,_and no
maherw fads have been arrifted.
Pursuant to the Ciy of Fort Worth's Business Equay Or inaroe,any personiedNy that makes a Use for irttuddeed stahement
in connection wilh padc0aEian of a rued emu in any City of Fort Weir owdne may be referred kr debarment
procedures ender tee Cilty of Fart Worlh's Bushes Equity Ordnemre-
t do solemnly swear or aftm thud the s*wtures cantaiAW bm wr and ire Marmon presided by the ORerm Prone are toe and
carect,and that t am aurbermed on behatt of the Olbtmftme to make ire aBidarit
Aerdrtreed Agedl Tape w het
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PoWAddren) mod-)
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36
Form Revision Date:2020-10-21
ATTACHMENT 7
DBE Monitoring and Enforcement Mechanisms
The City has available several remedies to enforce the DBE requirements contained in its
contracts, including, but not limited to, the following:
1. Breach of contract action, pursuant to the terms of the contract, as follows:
Enforcement Tools—Contractors—49 CFR §26.107
■ Involve OIG
■ Suspension/ Debarment
o False Representation as DBE
o Creating a front company
o Using DBE that does perform a CUF
o Attempt to use ineligible firm
o Over-reporting
2. Enforcement Actions
■ Conciliation Agreement
■ Finding of Non-Compliance
■ Restrict Drawdowns of Funds
■ Inability to Start, Continue, or Complete DOT-assisted Projects;
In addition, the Federal government has available several enforcement mechanisms that it may
apply to firms participating in the DBE problem, including, but not limited to, the following:
1. Suspension or debarment proceedings pursuant to 49 CFR Part 26
2. Enforcement action pursuant to 49 CFR Part 31
3. Prosecution pursuant to 18 USC 1001.
37
Form Revision Date:2020-10-21
ATTACHMENT 8
DBE Uniform Certification Application % `0
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Form https:!/www.txdot.aov/business/partnerships/dbe.html
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ATTACHMENT
State's UCP Agreement
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39
Form Revision Date:2020-10-21
ATTACHMENT 10
Small Business Element
1. Objective/Strategies
49 CFR § 26.39 - Fostering small business participation
(1) Establishing a race-neutral small business set-aside for prime contracts under
$100,000.
(2) In multi-year design-build contracts or other large contracts requiring bidders on the
prime contract to specify elements of the contract or specific subcontracts that are of a
size that small businesses, including DBEs, can reasonably perform.
(3) On prime contracts not having DBE contract goals, requiring the prime contractor to
provide subcontracting opportunities of a size that small businesses, including DBEs, can
reasonably perform, rather than self-performing all the work involved.
(4) Identifying alternative acquisition strategies and structuring procurements to facilitate
the ability of consortia or joint ventures consisting of small businesses, including DBEs, to
compete for and perform prime contracts.
(5) To meet the portion of your overall goal you project to meet through race-
neutral measures, ensuring that a reasonable number of prime contracts are of a size that
small businesses, including DBEs, can reasonably perform.
References: City-Funded projects
A. FFY2020 Disparity Study authored by CHA- Colette Holt and Associates
B. City Council-approved Business Equity Ordinance#24534-11-2020
■ Section: 20-368 BUSINESS EQUITY GOAL SETTING
■ Section: 20-369 JOINT VENTURES AND MENTOR-PROTEGE
■ Section: 20-370 CONTRACT PRE-AWARD COMPLIANCE PROCEDURES
■ Section: 20-371 CONTRACT ADMINISTRATION PROCEDURES
■ Section: 20-372 CONTRACT EXCEPTIONS AND WAIVERS.
■ Section: 20-374 SANCTIONS.
2. Definition
Subject to Title 49 Code of Federal Regulations part 26(49 CFR 26):
• DBE firms - Personal Net Worth standards should be consistent with 49 CFR Part 26
thresholds.
• Small Business - Size standard should be consistent with 49 CFR 26.5 and must be no
larger than the Small Business Administration's size standards.
• Race Neutral definitions state that all businesses meeting the criteria outlined in this
element will be considered to be small businesses, without regard to race or gender.
3. Verification
Compliant to §26.39 small business enterprise participation and DBE participation will be
verified through the B2GNow Business Equity Management System, North Central
Regional Certification Agency and Texas Department of Transportation certification
systems.
4. Monitoring/Record Keeping
■ DBE participation on projects are keyed into the B2GNow Business Equity Management
System daily, and monitored and tracked
■ DBE participation (RC and RN participation) is monitored and reported through the online
DBE Civil Rights Connect System on an annual basis
40
Form Revision Date:2020-10-21
5. Assurance
1. The program is authorized under state law;
2. Certified DBEs that meet the size criteria established under the program are
presumptively eligible to participate in the program;
3. No limits are placed on the number of contracts awarded to firms participating in the
program, but every effort will be made to avoid creating barriers to the use of new,
emerging, or untried businesses; and
4. Aggressive steps will be taken to encourage those minority and women owned firms
that are eligible for DBE certification to become certified.
5. The program is open to small businesses regardless of their location (i.e., there is
no local or other geographic preference)
41
Form Revision Date:2020-10-21
Appendix
Appendix A— Minority Financial Institutions
Appendix B— Business Equity Advisory Board Meeting Agenda, Posting & Members
Appendix C —Public Outreach Virtual Event Announcements, Ads & Registrants
Appendix C-1 —List of certified D/M/WBE Attendees
Appendix D— Public Notice
Appendix E— Executive Summary—2020 Disparity Study
Appendix F— Business Equity Ordinance#25165-10-2021
42
Form Revision Date:2020-10-21
APPENDIX A
MINORITY-OWNED FINANCIAL INSTITUTIONS
FINANCIAL IN571 1171ONS OWNED BY MINORITIES OR WOMEN -
NATIONALLY I =
Abacus Federal Savings Bank Asian or Pacific Islander (212)285-4770 ) 6 Bowery
American Owned i ? New York,NY 10013
Amerkan Bank National Asian or Pacific Islander (214)359-3111 ' 2707 West Northwest
Association American Owned Highway g
Dallas,TX 75220
American First National Bank Asian or Pacific islander (713)596-2888 1 9999 Bellaire Boulevard
American Owned Houston,TK 77036
American Plus Bank,National Asian or Pacific Islander (626)821-9188 630 West Duarte Road I
Association American Owned a Arcadia,CA 91007
Asian Pacific National Bank Asian or Pacific islander (626)457-4892 It 333 West Valley
American Owned €Boulevard_ _
San Gabriel,CA 91776 i
Banccentral,National Women Owned (580)327-1122 602-612 Hynn Street
Association Alva,OK 73717
Bank of Whittier,National Asian or Pacific islander (562)945-7553 15141 East Whittier
Association American Owned Boulevard
Whittier,CA 90603
Beacon National Bank Women owned (415)543-3547 88 Kearny Street,Suite 6
11750
_ San Francisco,CA 94108
,Broadway Federal Bank,F.S.B. African American Owned (323)634-1700 5055 Wilshire Boulevard, i
Suite 500 _ I
_ _ _ _ _ _ Los Angeles,CA 90036
�caihomia International Bank, Asian or Pacific islander 014)338-8712 ( 1560b Brookhurst Avenue
N.A. American Owned Suite C _
3 Westma►ster,CA 92683
Carver Federal Savings Bank African American Owned t(212)360-8810 j 75 West 125th Street
New York,NY 10027
Commercial National Bank of Women Owned (870)773-4561 { 5515 Summerhili Road {
Texarkana Texarkana,TX 75505
Commonwealth National Bank African American Owned T _2102�_Stephens
_.e _
3 (251)476-5938 # 2102 Saint Stephensns Road
Mobile,AL 36617
1 fastbank,National Association Asian or Pacific Islander )(212)219-9000 183 Centre Street
American Owned _ New York,NY 10013 I
Embassy National Bank Asian or Pacific Islander ( 1770)822 9111 1817 North Brown Road
American Owned , Lawrenceville,GA 30043
Executive Natbnal Bank I Hispanic Owned (305)964-2442 96DO North Kendall Drive
Miami,F133176
First Natronai Bank and Trust Native American Owned (405)275-8830 130 East Macarthur
Company Shawnee,OK 74804
First National Bank in Fredonia Women Owned (620)378-2151 730 Madison
Fast National Bank - —
FredorM,KS 66736
Tlgerton Women Owned s(715)535-2291 140 Cedar Street,Cedar
s and Ash Streets_
Tsgerton,WI 54486
First National Bank of Manning �`Women Owned ', (712)655-3557 401 Main Street _
_ —
( Manning,IA 51455
First National Bank of OkeeneWomen Owned Y�(580)822-3300 } 124 North Main Street
43
Form Revision Date:2020-10-21
( VI�CCIiC,VT fdI4J i
E GN Bank African American Owned (773)624-2000 r4614 S King or
Chicago,IL 60653
Gateway Bank,F.S.B. Asian or Pacific islander (415)831-1288 360 8th Street
American Owned 1 Oakland,CA 94607
Golden Bank,National Asian or Pacific Islander (713)777-3838 9315 Bellaire Boulevard
Association American Owned Houston,TX 77036
Hawaii National Bank Asian or Pacific islander (808)528-7711 145 North King Street
American Owned Honolulu,H196817
Interamerican Bank,A F5B Hispanic Owned (305)223-1434 9190 Coral Way
Miam��i,FL 33165
Keb Hana Bank USA,National Asian or Pacific Islander (212)689-5292 201 Main Street
Association I American Owned Fort Lee,NJ 07024
Leader Bank,National !Asian or Pacific Islander (7811646-39 0 141 Massachusetts
Association American Owned Avenue
Arlington,MA 2474
Lone Star National Bank 1 His nic Owned pa (956)781 4321 206 West Ferguson
' Pharr,TX 78577
}
Mission National Bank Asian or Pacific Islander 1(415)826-3627#306016th Street I
American Owned I San Francisco,CA 94103
Native American Bank,National Native American Owned (303)988-2727 1999 18th Street,Suite
Association 2460
{ _ _ Denver,CO 80202_
New Omni Bank,National Asian or Pacific Islander (626)284-5555 1235 South Garfield -
Association American Owned Avenue
�i— nce _ Alhambra,CA 91801
Po Bank Hispanic Owned (718)931-9000 s 2244 Westchester Avenue
- r� ��. Bronx,NY 10462
Quantum National Bank Asian or Padfic Islander .m0 945-8300 505 Peachtree Industrial
American Owned , Boulevard
s Suwanee,GA 30024
Southeast First National Bank Women Owned (706)857-3473 10144 Commerce Street
Summerville,GA 30747
Southwestern National Bank Asian or Padfic Islander (713)771-9700 6901 Corporate Drive
American Owned _ Houston,TX 77036�
Texas National dank Hispanic Owned (956)565-2485 215 S.Texas Ave.
Mercedes,TX 78570
Texas National Bank of Women Owned (903)586-0931 300 Neches Street
Jacksonville j Jacksonville,TX 75766
The First National Bank of Women Owned (308)282-0050 134 N.Main Street
Gordon i Gordon,NE 69343
i The First National Bank of Izard (Wamen Owned (870)297 3711 2184 AR Highway 56
county i Calico Rock AR 72519 j
The Nationai Bank of Malvern Women Owned p(610)647-0100 King end Warren Streets i
Malvern,PA 19355
The Santa Anna National Bank}Women Owned (325)348-3108 610 Walvis Avenue J
Santa Anna,TX 76978 _
Touc mark National Bank �Asian or Pacific Islander (770)407-6700 3653 Did Milton Parkway
American Owned Alpharetta,GA 30005
44
Form Revision Date:2020-10-21
Unity National Bank of Houston African American Owned (713)387-7400 2602 Blodgett Street
Houston,TX 77004
-Universal Bank !Asian or Pacific Islander (626)854-2918 3455 Nogales Street-2nd
American Owned Floor
West Covina,CA 91792
Wood I a In di-hillt�lona-l--Bank Native American Owned (888)532-4142 122 Main Street
Hinckley,MIN 55037
Zapata National Bank Hispanic Owned (956)765-4302 703 Hidalgo Blvd
Zapata.TX 78076
45
Form Revision Date:2020-10-21
APPENDIX B
BUSINESS EQUITY ADVISORY BOARD AGENDA AND PUBLIC POSTING, AND MEMBER
ORGANIZATIONS IN ATTENDANCE
�1......,. ter'"—^""-: .12--ss.,...�w._ea,e.«f..,..
lar taaaa.ar 1. nlaw oaa•aaa rrd a.tr,rrnra•
- Tre Business Equity Board iscanposai d f�efolouing wting masters:
!1?u
twee _,. a,rwaw...s • foilWoM Hispari.Chamber of Commerce('FAIWZ);
• Fon WoM Charnberofarrnerce(FNW)-
FORTWORTH isFodlVcdihle:ropolaan8lad0amb:rdCarw.('FYY cc);
• US Pon Asian Americaa Chamber'of;owerce;'UNAAM'y,
is HabonalAssocationdMincrtvContmctms('HAMC'),
MEETING Regional Black Contraw,Association('R3CV),
NNORT'AND WOKEN BUSWEME ENTERPfuSE PRISE ADV50RY COMMITTEE MEETING DUNE 25,2021
Public Heanq:11.30 AM • Regional Hispanic Contractors Assocation i'MCX,
h ,{� n�tetaa. «�� ,TID-m_ay,dda,e235,etoda�9-7d<9a„eg6 • TEXOAssoaaborI General Conradors(EXOAGCk
YMeocont—cs • Texas County Contractors Asscdabrn('TCGI;
Mee9nglAccess Code 1827699%7 a HatwAnerian BosetessAssociam(VBF);(relw,
Registration Recanted! • tulF&�FUl Walh Minredy&4*Devdupnrenl G_mnd
TefeconMrmnce I'DRYM M;
{817)392.1111 or 0-a(59-710-7159,
Meebngi Access Code:1827 69 9%7 • Norf Ceatral-exas Rejanalrxffic&i Agencv('NCTRCA'),and
ViewMo only • Wows Business Ceuld-Souinve4,"VYBCS).
Tewnwon:Charter 190.One Source 7.Verson 5;ATST Uverae 99
Ctyof Fon`h'oMWsbede Homepage-Watch Live Online
Re non-4ig memaers are as folovrs.
To,lt.the dotl-et for this—dug mit:hrtpsl:ifww.fortwonhrc.Tss.eoc,cVcaft b..ds-
T�9ing • Mad.EctmenicalteaclerstipAsscdatron('BELAl
Due to health and safety concema relates to the COVID-19 coronevirus,this meeting will be • leagde d Uniled ia6n Arreri.an Ciizens(tlAAC'1;(I]Br!)
conducted by video confar..-or Iel<Phone call in accordance with the Tetras Open Meetings Act
and the Provision.Provided by the Governor of Texas of conjunction with the Declaration of • Habcnal Asoaabon kor Vp Adtaneernent ol ',AhXed People
Dis—renacted on March 13,2020' f NAACFI);!gc15'J
-'Any member of the public wlq wish«to address ttie Commifabn regarsinp an item anlM haled
agenda t r h ngrig,to th in To sign up.
either contact GWEN WILSON et GWEN.WILSON I FORTWORTHTEAAS.GOV or(817)392,2676 or
register though W ebf,Der the di—orison the City',webs,ta above.Please note that the City of
Fort Worth is sing a third Party—do,to .let with Chy meetin9a. N there are
interruption..lnclusing call In number changes.we will provide ahernative call In numbers on our
webeae whenever possible.
FORT WORTH,
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Form Revision Date:2020-10-21
APPENDIX C
PUBLIC OUTREACH VIRTUAL—ANNOUNCEMENT
Event was videotaped and is available on the website. Refer to next page for the list of
registrants.
Business Equity Management System Campaign distribution to 2,192 D/M/WBEs
Projects at Fort Worth A1115nce Airport an
4,xta iu Million(31.8%)DBE Goal
City of Fort Worth Alliance Airport encourages
Public Participation and Feedback on Proposed
Goal
The City of Fort Worth invites the consultant and
contractor community along with the general
,public to attend our upcoming outreach
meeting to learn more about the proposed
You're Invited! Virtual WebEx Conference
Public Outreach Virtual Event
Date:July 13,2021
Time: 9:30 AM
—` REGISTER ON LINE
.a,rM.,sFAF
We look forward to your involvement and comments In this open
and Important discussion.
.AMRELD ELICrISM
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47
Form Revision Date:2020-10-21
APPENDIX C-1
LIST OF ATTENDEES-DBE VIRTUAL EVENT HELD ON JULY 12,2021
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48
Form Revision Date,2020-10-21
APPENDIX D
PUBLIC NOTICE
FORT WORM.,
City of Fort Worth
Diversity-and Inclusion Department
July 1.2021
NOTICE REGARI)r G THE CITY OF FORT WORTH'S
PROPOSED DBE GOAL FOR FISCAL YEAR 2022 THROUGH FISCAL)MAR 2024
FOR MADI_ NTAGED BISLNTSS EPTERPRISE
PARTICIPATION O\AL.LLX\CE AIRPORT FEDER-ALLY-FI-INDED CONTRALCTS
Please be advised that the Alliance.Airport's proposed goal for Disadvantaged Business
Enterprise participation on federally--funded contracts is 31.M of$26191772. This
means that Alliance Airport proposes to spend S8,320,772 mithDisadv:antaged Business
Enterprises on upcoming federall�fuuded capital projects.
PLEASE BE ADVISED THAT THE ALUANCE AIRPORTS PROPOSED GOAL:L\D
RATIONAL FOR DI.SADV AN'TAGED BCSLNESS LNTERPRISE PARTICIPATIO`ON
FEDERALLY-FUNDED CONTRICIS IS AVAMABLE FOR MPECTIO\AT:
City of Fort Alorth
Business Equity Division
Di,Lvrsity and Inclusion Department
818 fissouri Avenue
Fort Worth,Texas 76104
817-392-12676
SE\'D C 0112\11 TS ON THE PROPOSED GOAL TO:
Cnven Wilson,DBE Liaison
Assistant Diversity and Inclusion Director
DIRTR.S13I'A D P CI SIO\DEPARTMENT
The City of Fort Worth*818 Missouri Avenue*Fort WottL Texas 76104
817-392-2676*Fax 817-392-7529
Email: DI,N BEOffice&fornv-orthtexas.gov
Herlinda J.Bradley
DBE/ACDBE Program Compliance Specialist
Federal Aviation Administration
Office of Civil Rights—External Operations(ACR-4)
E-mail: herlinda.j.bradley@faa.gov
1,tr ux*vWrad admodq,do hereby coo to mis Ncdre d Meeeeg wapMd an ma Gty of FM Ntrm offal e2bste and sad Nwe wes pDod on the talemaag NO
"h jLwd re redmp and=CandyfarM ked T2hn presdng the mheduled trmdad neeung
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49
Form Revision Date:2020-10-21
EXHIBIT E
Source: 2020 Disparity Study
https://www.fortworthtexas.gov/departments/diversity-
inclusion/business-equity
I. EXECUTIVE SUMMARY
A. Study Methodology and Data
Colette Holt&Associates(CHA)was retained by the City of Fort Worth("the City")
to perform a study regarding its Business Diversity Enterprise("BIDE")program for
Minority-and Women-Owned Business Enterprises("M/WBEs). The methodology
for this study embodies the constitutional principles of City of Richmond v.Croson,
Fifth Circuit Court of Appeals case law and best practices for designing race-and
gender-conscious and small business contracting programs.The CHA approach has
been specifically upheld by the federal courts.It is also the approach developed by
Ms.Holt for the National Academy of Sciences that is now the recommended stan-
dard for designing legally defensible disparity studies.
We determined the City's utilization of M/WBEs during fiscal years 2013 through
2018;the availability of these firms as a percentage of all firms in the City's geo-
graphic and industry market areas;and any disparities between the City's utiliza-
tion of M/WBEs and M/WBE availability.We further analyzed disparities in the
wider Dallas-Fort Worth Metroplex economy,where affirmative action is rarely
practiced,to evaluate whether barriers continue to impede opportunities for
minorities and women when remedial intervention is not imposed.We further
gathered anecdotal and qualitative data about the experiences of minority-and
women-owned firms in obtaining City contracts and the associated contracts and
concession opportunities.We evaluated the City's programs for conformance with
constitutional standards,national best practices,and the M/WBE program regula-
tions.
Based on the results of these extensive analyses,we made recommendations for
the City's business diversity programs.
B. Legal Standards
COMMENTS:
■ DBEs/ M/WBEs during virtual call requested a copy of presentation
■ DBELO committed to making presentation available on the website
■ DBELO will send out a notice to all participants that the DBE Goal has been adjusted
from 31.77% to 32.89%
■ Aviation representatives attended the virtual meeting and answered questions posed by
the participants
50
Form Revision Date:2020-10-21
APPENDIX F
CITY COUNCIL-APPROVED BUSINESS EQUITY ORDINANCE (AMENDED OCT. 19, 2021
ORDINANCE NO.25165-10-2021
AN ORDINANCE AMENDING CHAPTER 20,ARTICLE X OF THE CODE
OF THE CITY OF FORT WORTH(2015),AS AMENDED,AS SHOWN ON
THE ATTACHED EXHIBIT A,MAKING CHANGES INCLUDING,BUT
NOT LIMITED TO NEW DEFINITIONS FOR THE CITY'S
MARKETPLACE AND SIGNIFICANT BUSINESS PRESENCE,
BROADENING THE DEFINITION OF A CONTRACT, AND MAKING
CERTAIN ADDITIONS,INCLUDING,BUT NOT LIMITED TO ADDING
A MECHANISM FOR COUNTING OU"T-OF-MARKETPLACE BUSINESS
EQUITY FIRMS TOWARD MEETING BUSINESS EQUITY GOALS,
DETAILING PAYNIENT REPORTING PROCEDURES, AND
CLARIFYING THE VIOLATIONS AND SANG:TIONS SECTION;
PROVIDING A SAVINGS AND A CUMULATIVE CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,on November 17,2020,the Fort Worth City Council approved Ordinance
No.54531-11-2020(the"Business Equity Ordinance")that repealed all previous minority and
women business enterprise ordinances and policies previously adopted and enacted a new
business equity program in accordance with federal law and the findings of the City's most
recent Disparity Study;and
WHEREAS,the Disparity Study supports the City's compelling interest in continuing a
race and gender-conscious Business Equity Firm program because statistical data and anecdotal
testimony provide a sound basis for use of narrowly tailored remedial race and gender-based
measures to ensure equal opportunities for all firms to do business with the City;and
WHEREAS,City staff determined that Chapter 20,Article X of the Code of the City of
Fort Worth(the"Article')which was repealed and replaced in the Business Equity Ordinance
needed further changes and addition;and
WHEREAS,it is the City Council's intent for this ordinance to clarify the Business
Equity Ordinance and Article and add certain terms to the Article that re0cct the business
processes of the City that will continue to reduce barriers to opportunities on City contracts for
Business Equity Firms.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,TEXAS,THAT:
SECTION 1.
That the Code of the City of Fort Worth,Texas(2015�as amended,is hereby further
amended by changing portions of Chapter 20,Article X:Minority and Women Business
Enterprises as detailed on Exhibit"A,"attached hereto and incorporated herein.The provisions
of this ordinance shall apply to all Contracts(as defined in Exhibit A)unless cxplicidy excepted,
awarded by the City,except as may be hereafter specifically exempted.Definidons for this
Ordhuinix No.25165-10.2021 Page 1 of21
51
Form Revision Date:2020-10-21
ordinance and Contract administration procedures,including Debarment and Sanctions for
Bidders,Contractors,Business Equity Firms,and other parties related to this ordinance arc
described on Exhibit"A."
SECTION 2.
It is hereby declared to be the intention of the City Council that the phrases,clauses,
sentences,paragraphs and sections of this ordinance are severable,and,if any phrase,clause,
sentence,paragraph or section of this ordinance shall be dcclarod unconstitutional by the valid
judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not
affect any of the remaining phrases,clauses,sentences,paragraphs and sections of this
ordinance,since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase,clause,sentence,paragraph
or section.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City
of Fort Worth,Texas,(1996),as amended,except where the provisions of this ordinance are in
direct conflict with the provislons of such ordinances and such Code,in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
This ordinancc shall be in full force and effect for any procurement or contracting activity
where formal solicitation from on and after approval,and it is so ordained.This ordinance shall
terminate on December 31,2030,the same date of termination as the Business Equity Ordinance.
../APPP�R�O�V,.E�D AS TO FORM AND LEGALITY: P
J0 5t�onsx�207�T I �"
Senior Assistant City Attorney Ronald P.Gonzales
Acting City Secretary
ADOPTED: October 19,2021 �Q, 0RT
{ ~. X.
EFFECTIVE: October 19,2021
I :x
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EXHIBIT"A"
TABLE OF CONTENTS
§20-366 Definitions
§20.367 Purpose and Application
§20-368 Busincts Equity Coal Setting
§20-369 Joint Ventures and Mentor-Protege
§20-370 Contract Award Compliance Procedures
§20-371 Contract Administration Procedures
§20-372 Contract E%ceptions and Waivers
§20-373 Violations and Sanctions
§20-374 Appeal
§20-375 Sunset Date
§§20-376-20-382 Reserved
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§20-366 DEFINITIONS.
(a) Annual Goal means the overall target for Business Equity Firm utilization in
Contracts(prime contracts and subcontracts combined)as defined by the calculation method
used in the City's most recent Disparity Study,and should be the basis for consideration of
overall,annual spending targets for City Funds.This target can be the City's goal for its overall
spending with certified firms across all industry categories.
(b) Article means Chapter 20,Article X Code of the City of fort Worth(201 S).
(c) Bes1 Yalue means a procurement method in which the selected Bidder is not
determined solely by the lowest price bid.
(d) Bidder means any Person seeking to be awarded a Contract.
(e) Bid Shopping the practice of divulging a contractor's or Subcontractor's bid to
other prospective contractor(s)or Subcontractor(s)before the award of a contract in order to
secure a lower bid.
(f) Business Equity Board is the group of industry stakeholders established by City
Council tasked with advising the City on Business Equity Firm participation in City procurement
activities and is formerly known as the Minority and Women Business Enterprise Advisory
Committee.
(g) Business Equity Firm means an Independent Film that is a Certified MBE and or
WK with a Significant Business Presence in the City's Marketplace.
(h) Business F4uify Goal means a calculation prepared by the DVIN that includes all
the following factors:the derailed cost estimate of the work to be performed,or goods purchased;
the Marketplace;the availability of Business Equity Firms and non-Business Equity Firms in the
Marketplace determined on a Contract-by-Contract basis;and the subcontractingisupplier
opportunities of each project.
(i) Business EquiryA&nogemenr System means an online business equity contract
tracking system utilized by DVIN.
6) Certified means those firms identified by the North American Industry
Classification System(NAICS)that have been determined to be a bona fide MBE or WBE by the
North Central Texas Regional Certification Agency(NCTRCA),the Dallas&ort Worth Minority
Supplier Development Council(DFWIMSDC),Women's Business Council-SW(WBCS),Texas
Department of Transportation(TxD01)or other certifying agency that the DVIN may deem
appropriate and accepted by the City of Fort Worth.
(k) City means the City of Fort Worth,Texas.
(1) City Fronds means all revenues derived from any source other than federal or state
grants or allocations.
(m) City Manager means the City Manager of the City of Fort Worth,Texas.
(n) Combined Project means a construction contract inchrding more than one of the
following:paving,drainage,or waterisanitmy sewer,the term does not include a standard water/
sanitary sewer contract where the pavement is only temporarily or permanently repaired
incidental to the watedscwer work.
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(o) Commercially Useful Function means responsibility for the execution of a distinct
element ofthe work ofa Contract,which is carried out by actually providing materials.
equipment,supplies,goods,or performing,managing,and supervising the work.
(p) Construction means the processes involved in delivering buildings.infrastructure.
or facilities;the term includes but is not limited to the erection,rehabilitation,alteration,
conversion,extension,demolition,improvement,remodeling or repair to any real property,
including streets,storm drains and facilities providing utility service owned by the City.
(q) Contrrn7 means any purchase order or contract that(i)involves expenditure of
SI0O,000 or more of City Funds;(ii)could use Subcontractors;and(iii)is awarded by the City,
whether directly or indirectly, for work,labor.services,supplies,equipment,professional
services,goods,construction,or construction-related activities,and materials or any combination
of the foregoing;the term specifically includes but shall not be limited to,any purchase or lease
of materials pursuant to Texas state law,any public work project authorized pursuant to Texas
state law,or contract in which public bids are not required by law.A Contract does not include
an Emergency Contract-
(r) Contractor means any Person that has been awarded a Contract.
(s) Debar or Debarment means the City,will not consider offers from or award new
contracts to a Bidder.A debarred Business Equity Firm shall not he included in calculating a
Business Equity(foal.
(t) Disparity Study means the City of Fort Worth Disparity Study finalized and
presented to City Council on June 16.2020 or a study presented to the City Council after that
date.
(u) Doing Business means engaging in for-profit activities in the scope of the
expertise of the firm and having a physical location andlor digital presence from which to do so.
(v) DV1N means the City's Department of Diversity and Inclusion.
(w) Emergency Contract means a Contract that is awarded on an emergency basis due
to a threat of harm to person or property or threat of disruption of governmental services and
approved by the City Attorney's office as an emergency contract exempt from Texas public
bidding laws.
(x) Good Faith Efforts means the actions undertaken by a Contractor and approved
by DVIN as described in§20-370,below.
(y) Horizontal Construction means construction of highways,roads,streets,bridges,
utilities,water supply projects,water plans,wastewater plants,water arul wastewater distribution
or conveyance facilities,wharves,docks,airport runways and taxiways,drainage projects,or
related types of projects associated with civil engineering construction as referenced in this
Article.
(z) Independent Firm means a Person whose viability does not depend on its
relationship with another Person.
(aa) Joint Venture means a business entity formed by two or more independent
Persons for the purpose of pursuing a common objective,such as a prime contract,The resulting
business entity has additional resources and capacity,enhancing its ability to compete for larger
awards.A joint venture is generally characterized by shared ownership,shared returns and risks,
and shared governance.In a joint venture,the prime managing partner holds 5 1%or more
interest in the business.Parincr(s)hold less than 51%interest but in most cases,not less than
20%.
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(bb) Marketplace means the geographic area as defined by the City's most current
Disparity Study.
(cc) Ma)br means the Mayor of the City of Font Worth,Texas.
(dd) Mentor PraMge Program means the mentor protcgc program described more fully
in§20-369,below.
(ce) Minority Individual means a person who is a member of any of the following:
(1) Black Americans means persons having origins in any of the Black racial
groups of Africa;
(2) Hispanic Americans means persons of Mexican,Puerto Rican,Cuban,
Dominican,Central or South American,or other Spanish or Portugucse culture or origin,
regardless of race;
(3) Native Americans means persons who art enrolled members of a federally
or State recognized Indian tribe,Alaska Natives,or Native Hawaiians;
(4) Asian-Pacifc.4mericans means persons whose origins are from Japan,
China,Taiwan,Korea,Burma(Myantmar),Vietnam,Laos,Cambodia(Kampuchea),
Thailand,Malaysia,Indonesia,the Philippines,Brunei,Samoa,Guam,the U.S.Trust
Territories of the Pacific Islands(Republic of Palau),Republic of the Northern Marianas
Islands,Samoa,Macao,Fiji,Tonga,Kirbati,Tuvalu,Nauru,Federated States of
Micronesia,or I long Kong;and
(5) Subcontinent Asian Americans means persons whose origins are from
India,Pakistan,Bangladesh,Bhutan,the Maldives Islands,Nepal or Sri Lanka.
(ff) Minorio-Owned Business Enterprise(MBE)means a business entity,including
but not limited to a sole proprietorship,partnership,corporalron,limited liability company,
association or joint venture:
(1) which is at least fifty one percent(51%)owned by one or more Minority
Individuals,or in the case of a publicly traded business,at least fifty one percent(51%)of
all classes of the stock of which is owned by one or more Minority Individuals;and
(2) whose management,policies,major decisions and daily business
operations are independently managed and controlled by one or more such more Minority
Individuals.
(gg) Person means a natural person or business entity,including but not limited to a
sole proprietorship,partnership,corporation,limited liability company,association or joint
venture.
(hh) Program means the Administrative Regulations for contracts with Business
Equity Firms that do not involve Subcontractors.
(ii) Responsive means that a Person is in compliance with the requirements of this
Article.
Q) Signffrcant Business Presence means a Person(I)which has its principal place of
business looted inside the Marketplace;(2)which has its principal place of business located
outside the Marketplace but has been verified to be in existence for a minimum of 24 months and
from which at least 20%of the business's workforce is based in the Marketplace;or(3)which
has cumulative business receipts greater than S 1,000,000 for work done in the Marketplace since
January 1,2013.
(kk) Solicitation means the process of inviting companies to bid on opportunities to
provide goods and services.
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(I1) Suk-ontractor means any person entering into a contract with a Contractor or a
higher Tier Subcontractor to directly furnish services or supplies toward the Contract.
(mm) Tier means the numerical level of subcontracting below the Contractor.
(nn) Urflizauon Plan means the list of Business Equity Firms that a Contractor
commits will be utilized to meet the Business I:,quity Goal for a specific project,the scopes of the
work and the dollar values or the percentages of the work to be performed.
(oo) Verlical Construction means the construction or remodeling of any building,
structure:or other improvement that is predominantly vertical,including,without limitation,
buildings,the design and construction of which arc governed by accepted building codes.
(pp) Woman means an adult person of the female gender.
(qq) Womem-Owned&L ness Enterprise(pi✓BF)means a business entity,including but
not limited to a sole proprietorship,partnership,corporation,limited liability company,
association orjoint venture:
(1) which is at least fifty-one percent(511/6)owned by one or more women,or
in the case of a publicly traded business,at least fifty-one percent(51 a/o)of all classes of
the stock of which is owned by one or more women,and
(2) whose management,policies,major decisions and daily business
operations are independently managed and controlled by one or more such women.
§20.367 PURPOSE:AND APPLICATION.
(a) The purpose of this Article is to remedy past underutiliration and provide a fair
and level playing field for Business Equity Firms and to encourage the participation of Business
Equity Firms to contract with the City.
(b) It is intended to promote equal opportunity and the utilization of Business Equity
Finns in the City's contracting opportunities.
(c) This Article applies to any Contract awarded by the City or any of its
departments,boards or commissions for work,labor,services,supplies,equipment,materials or
any combination of the foregoing;specifically including but not be limited to,any purchase or
lease of materials,any public work project,or contract in which public bids are not required by
law.
(d) The requirements of this Article shall not apply to Emergency Contracts,however
any department that procures an Emergency Contract must notify the DVIN,in writing,at the
time it seeks legal approval of an Emergency Contract.
(e) Where Contracts involve the expenditure of federal or state funds,the state or
federal policy related to Business Equity Firms participation may take precedence over this
Article.
(f) The provisions of this Article shall be liberally construed for the accomplishment
of its policies and purposes.
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(g) Narrowly tailored goals shall be established in the areas of procurement and
contracting.
(h) A Business Equity Goal may be set on a Contract-by-Contract basis based on the
type of work or services to be performed,or goods to be acquired and the availability of Business
Equity Firms in the Marketplace.
(i) All required notifications under this Article must be made to the DVIN at the
following email address:OVIN HI:Officc fonworthtcxas.gov.
§2W68 BUSINESS EQUITY GOAL SETTING
(a) A Business Equity Goal should be set by DV IN for the entire scope of work on a
Contract.
(b) A Business Equity Goal shall be expressed in terms of a percentage of the total
dollar value of each Contract awarded by the City.
(c) Except as stated otherwise herein,a Business Equity Goal shall be established for
all Contracts where Business Equity Firms exist within the Marketplace.
(d) DVIN shall set a Business Fquity Goal for Community Facilities Agreements,
Infrastructure Construction Agreements,and any other agreement relating to the construction of
public infrastructure or public building when the City's participation in the agreement is
S 1,000,000.00 or more in City Funds.
(e) lfCity Funds arc used in conjunction with state or federal grants or allocations.
the City shall not set a Business Equity Goal for Community Development Block Grants,HOME
programs,or other projects that include federal funds except where the City is mandated to set
goals by state or federal requirements-
(f) A Business Equity Goal may be established for tax abatement agreements and
Chapter 380 grant agreements Wallowed by and in accordance with the most recently adopted
Tax Abatement Policy and Chapter 380 Grant Agreement Policy.
(g) The City will count a Business Equity Firm's self-performance towards meeting a
Business Equity Goal.
§20-369 JOINT VENTURES AND MENTOR-PROTtGIL.
(a) Joint Ventures-Where it is economically feasible,the establishment of Joint
Ventures to ensure prime contracting opportunities for Business Equity Firms on certain
Solicitations is encouraged. The factors used to evaluate economic feasibility,include,but arc
not limited to,the estimated dollar value of the Solicitation,the scope of work,the duration of
the work,the complexity of the work,the availability of potential Business Equity Firm joint
venture partners in the relevant market area and the nature of the work.
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(1) When the City uses a procurement method other than lowest responsible
bidder,the City may,at its discretion,designate a particular Solicitation as a"Joint
Venture Preferred"Solicitation.
(2) A prospective Joint Venture partner shall state within its proposal or its
statement ofqualiftcations information that specifies the rote and extent of the Business
Equity Firm Joint Venture partncr(s)involvement.Such information shall include,but is
not limited to:
i. The name of the Business Equity Firm Joint Venture partner(s)that
will participate on the project.
ii. The percentage of prime contract dollars attributable to the
services to be provided by the Business Equity Firm Joint Venture partner;and,as
appropriate the total dollar value of the services to he provided.
iii. A description of the work that each Business Equity Firm Joint
Venture partner shall be responsible for performing under the terms of the Joint
Venture agreement.
(3) The prospective Joint Venture partner must also submit a"Joint Venture
Eligibility Fort."DVIN will review the"Joint Venture Eligibility Form"and will have
final approval,as to whether the proposed Joint Venture conforms to the DVIN's
defmition of a Joint Venture.
(4) The Joint Venture shall ensure that,at a minimum,the following items are
addressed in the formation and governance of the Joint Venture:
i. The initial capital investment of each Joint Venture partner,
i i. The proportional allocation of profits and losses to each Joint
Venture partner;
iii. The sharing of the right to control the ownership and management
of the Joint Venture;
iv. Actual participation of the Joint Venture partners on the project;
V. The method of and responsibility for accounting;
vi. The method by which disputes arc resolved;and
vii. Any additional or further information required by the DVIN as set
forth in this Article,bid documents andlor otherwise.
(b) Mentor Protbge Program.
(1) The Mentor Protigi Program is designed to foster relationships between
Contractors and underutilized Business Equity Firms.The objective of the Mentor
Protege Program is to provide professional guidance and support to the protege(which
must be a Business Equity Firm)in order to facilitate protigi growth and development
and increase the number of Contracts and subcontracts awarded to Business Equity Firm.
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(2) The mentor-prot6g6 relationship is intended to be mutually beneficial
because it allows mentors to utilize their protdgds to fulfill Business Equity Goals when
bidding on Contracts.It is advantageous to build a partnership prior to a Solicitation or
Contract award to establish confidence in performance.
(3) DVIN shall serve as a sponsor for the Mentor Protege Program.
Companies interested in joining the Mentor Proteg6 Program should contact DVIN to
search a list ofpotential Business Equity Firm protdgds that may provide complementary
services,and supply chain opportunities.
(4) DVIN may prioritize protege businesses in critical areas of City
procurement or Contract needs.
(S) DVIN will consider the following criteria for selection of a mentor in the
Mentor Protdgd Program:
i. The mentor must be registered with the City of Fort Worth;
ii. Previous mentoring experience and or successful prior work
history;
iii. The mentor must have been in operation for at[cast five years;
iv. Ability to provide developmental guidance in areas identified by
the protege;and
V. "Good Standing"in doing business with the City of Fort Worth
and regional panners.
(6) DVIN will consider the following criteria for selection of a protege in the
Mentor Prot*Program:
i. Eligibility and willingness become a Business Equity Firm,as
del fined herein;
ii. Business in operation for at least one year,
iii. Desire to participate with a mcmaring firm;
iv. Ability to work with DVIN in identifying the type of guidance
needed for business development;and
V. "Good Standing"in doing business with the City of Fort Worth
and regional partners.
§2d-d70 CONTRACT AWARD CO.'MIPLIA.NCE PROCEDURES
(a) Any Contract that is required to publicly bid work in accordance with the use of
City Funds must follow the rules in this Article,including the requirement to publicly advertise
all Contracts for at least 21 days before opening any hid%_
(b) All Bidders seeking to enter into a Contract with the City shall be registered as a
vendor with the City.
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(e) For a low bid procurement,the lowest bidder shall submit a Utilization Plan no
later than 2pm on the 3`4 business day after bids arc opened detailing all Subcontractors the
Contractor intends to utilize in its performance of a Contract.Contractors that are Business
Equity Firms may count their self-performed services towards meeting a Business Equity Goal.
(d) For a Best Value procurement,all bidders who wish to be considered for
evaluation scoring shall submit a Utilization Plan by 2pm on the 3td business day after the bids
are opened detailing all Subcontractors the Contractor intends to utilize in its performance of s
Contract.Contractors that are Business Equity Firms may count their self-performed services
towards meeting a Business Equity Goal.
(e) Non-compliant. If the lowest bidder for a low bid procurement or any bidder for
a Best Value procurement does not timely submit its Utilization Plan with the required
documents,that bidder will be deemed non-responsive.For a low bid procurement,the City will
notify the next lowest bidder who shall then submit a Utilization Plan with required documents
no later than 2 pm on the Y4 business day after the bidder receives notification.This process will
be followed until a bidder submitting the required documents is selected.
(f) A bidder who was previously debarred must apply to DV IN for reinstatement in
order for its bid to be considered.
(g) Good Faith Effort. Where the Bidder cannot achieve the Business Equity Goal,
the Bidder must provide proof of having made Good Faith Efforts to meet the Business Equity
Goal.Good Faith Effort requirement means an honest and conscientious effort by the Bidder to
explore all available options to achieve,to the maximum extent practical to meet the Business
Equity Goal.
(1) Compliance with each of the following steps shall satisfy the Good Faith
Effort requirement absent mere pro forma efforts or proof of fraud,misrepresentation,or
intentional discrimination by the Bidder:
i.List each and every opportunity for Subcontractors for the completion of a
Contract.On Combined Projects list each opportunity for Subcontractors through
the 2nd Tier.
ii. Obtain a current list(dated not more than six(6)months old prior to the
bid open date)of Business Equity Firms from the DVfN.
iii. Solicit participation from Business Equity Firms,within the Subcontractor
areas previously listed,at least ten calendar days prior to bid opening,exclusive of
the day the bids are opened.Both Business Equity Firms and non-Business Equity
Firms must receive the same Solicitation for each area of opportunity.The three
methods identified below are acceptable for soliciting participation,and each
selected method must he applied to the applicable contract.The Bidder may meet
the Good Faith Effort requirement by making at least one successful contact with a
Business Equity Firm using either(i)entail,(i)fax,or(iii)telephone.The Bidder
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may also meet the Good Faith Effort requirement by documenting,in the manners
detailed below,that at least two attempts were made using two of the three
following methods:
1. Email:a copy of the sent confirmation to each Business
Equity Firm with the date and time of the email printed directly from the
email system for proper documentation.If an email is returned as
undeliverable,then that"undeliverable message"received must be printed
directly from the email system for proper documentation.
2. Fax:a copy of sent confirmation to each Business Equity
Firm with the date and time printed directly from the facsimile for proper
documentation.If a fax is returned as undeliverable,then that
"undeliverable confirmation"received must be printed directly from the
fax for proper documentation.
3. Telephone:a call log that identifies each Business Equity
Finn contacted with the phone number,name of individual contacted.
time,date and outcome of each phone call.
iv.Provide plans and specifications or information regarding the location of
plans and specifications which shall be communicated to all Business Equity firs
in each Subcontractor area.
v.Attach a copy of the Solicitation sent to the Business Equity firm
identifying the instructions on how to obtain plans and specifications for this
Solicitation.
vi.Submit documentation of any Business Equity Firth whose quotes were
rejected.The documentation submitted should be in the for of an affidavit,
include a detailed explanation of why the Business Equity firm was rejected and
any supporting documentation the Bidder wishes to be considered by the City.In
the event of a bona fide dispute concerning quotes,the Bidder will provide for
confidential review of any rekvant documentation by City personnel.
vii.All communications from the Bidder to potential Business Equity Firms
shall be documented and submitted to the City.
(2) In making a Good Faith Effort determination.DVIN will also consider,at
a minimum,the Bidder's efforts to-
I.Solicit through all reasonable and available means(e.g.,attendance at pre-
bid meetings,advertising and written notices)the interest of all Business Fquity
Firms in the scopes of work of the Contract.The Bidder shall provide interested
Business Equity Firms with timely,adequate information about the plans,
specifications,and requirements of the Contract to allow such firms to respond to
the Solicitation.The Bidder must follow up initial Solicitations with interested
Business Equity Firms.
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ii.Select portions of the work to be performed by Business Equity Firms in
order to increase the likelihood that the Business Equity Goal will be achieved.
This includes,where appropriate,breaking out Contract work items into
economically feasible units to facilitate participation,even when the Bidder would
otherwise prefer to perform these work items with its own forces.It is the Bidder's
responsibility to make a portion of the work available to Business Equity Firms
and to select those portions of the work or material needs consistent with the
availability of such Business Equity Firms to facilitate their participation.
iii.Negotiate in good faith with interested Business Equity Firms.Evidence
of such negotiation includes the names,addresses,and telephone numbers of
Business Equity Firms that%Trr contacted;a description of the information
provided regarding the plans and specifications for the work selected for
subcontracting;and why agreements could not be reached.The Bidder may not
reject Business Equity Firms without sound reasons based on a thorough
investigation of their capabilities.That there may be some additional costs
involved in finding and using Business Equity Firms is not in itselfsuffieient
reason for a Bidder's failure to meet the Business Equity Goal,as long as such
costs are reasonable.
iv.The performance of other Bidders in meeting the Business Equity Goal
may be considered.For example,when the apparent successful Bidder fails to
meet the Business Equity Goal but others meet it,it may be reasonably questioned
whether,with additional reasonable efforts,the apparent successful Bidder could
have met the Business Equity Goal.
(h) A signed letter of intent from each listed Business Equity Firm describing the
work,materials,equipment or services to be performed or provided by the Business Equity Firm
and the agreed upon dollar value shall be due at the time specified in the Solicitation.
(i) if DViN determines that a Good Faith Effort was not made,the Bidder shall be
disqualified from that specific bid.
0) Exclusive Contract and Non-Compete Agreement A Bidder or Contractor may
not require a Business Equity Firm to enter into an exclusive contract or non-compete agreement
that restricts a Business Equity Firm's ability to grow and build capacity in the Marketplace
unless the Business Equity Firm demonstrates to DViN that an exclusive contract or non-
compete agreement with a Bidder or Contractor will result or has resulted in the growth of the
Business Equity Firm's capacity in the Marketplace and the Business Equity Firm freely
consents to the contract or agreement.
(k) Bid Protest and Procedure. In accordance with City general purchasing policies,
Bidders have certain rights to protest a bid award.The protesting Bidder must submit a protest,
in writing,in accordance with those general purchasing policies.
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(1) if a Bidder,Contractor,Subcontractor,or Business Equity Firm desires to make
an allegation of discrimination based on a protected class in the City's award of a Contract,they
shall submit such allegation,in writing,to DVIN before the performance of the Contract.DVIN
shall refer such allegation to the City I luman Resources tabor Relations Unit for investigation.
§20-371 CONTRACT ADMINISTRATION PROCEDURES
(a) Upon award of a Contract by the City that includes a Business Equity Goal,such
Business Equity Goal becomes a covenant of performance by the Contractor in favor of the City.
(b) Contracts shall incorporate the Ordinance and this Article by reference,and shall
provide that the Contractor's violation of the Ordinance and this Article shall constitute a breach
of such Contract and may result in Debarment in accordance with the procedures outlined in this
Article.
(c) 7 he Contractor shall provide a list of all Subcontractors to be used in the
performance of the Contract,and detailed Subcontractor information to the City with each
request for payment submitted to the City or as otherwise directed by the DVIN.
(d) The DVIN shall monitor Subcontractor participation and Business Equity Goal
attainment during the course of the Contract
(c) The DVIN shall have full and timely access to view the Contractor's relevant
books and records relating to each specific Contract with the City to determine the Contractor's
compliance with its commitment to Business Equity Finn participation and the status of any
Business Equity Firms performing any portion of the Contract.The DVIN shall not record,
maintain copies,or disclose industry or trade secrets of a Contractor or Vendors books and
records in its execution of this duty.This provision shall be in addition to,and not a substitute
for,any other provision allowing inspection of the Contractor's records by any officer or official
of the City for any purpose.
(f) Business Equity Firm Subcontractor Substitution.
(I) The Contractor shall not make changes to the Utilization Plan or substitute
Business Equity Firms named in the Utilization Plan without the prior written approval of
the DVIN.Unauthorized changes or substitutions shall be a violation of this Article and a
breach of Contract,and may constitute grounds for rejection of the bid or cause
termination of an executed Contract for breach,the withholding of payment an&or
subject the Contractor to certain sanctions.
(2) A Contractor shall not substitute a Business Equity Firm Subcontractor or
perform the work designated for a Business Equity Firms with its own forces unless and
until approval has been received in writing by the DVIN.
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(3) The facts supporting the request for substitution of a Business Equity Firm
must not have been known nor reasonably should have been known by the Contractor
before the submission of the Utilization Plan.
(4) Bid Shopping as a part the substitution of a Busincss Equity Firm is
prohibited.
(5) The Contractor must negotiate in good faith with the Business Equity Firm
Subcontractor to resolve any issues between the Contractors and Business Equity Firm
Subcontractor.Where there has been a mistake or disagreement about the scope of work,
the Business Equity Firm can be substituted only where an agreement cannot be reached
for a reasonable price for the corrected scope of work.
(6) Substitutions ofthe Business Equity Firm Subcontractor shall be permitted
only after submission of a request for Subcontractor substitution in the Business Equity
Management System and only on the following bases:
i. Unavailability after receipt of reasonable notice to proceed;
ii. Failure of performance;
iii. Financial incapacity;
iv. Refusal by the Subcontractor to honor the bid or proposal price;
V. Mistake of fact or law about the elements of the scope of work of e
Solicitation where agreement upon a reasonable price cannot be reached;
vi. Failurc of the Subcontractor to meet insurance,licensing or
bonding requirements;or
vii. The Subcontractor's withdrawal of its bid or proposal-
(7) The DVFN's final decision whether to permit or deny the proposed
substitution,and the basis of any denial,shall be communicated to the Contractor and
Business Equity Finn Subcontractor in writing within seven(7)business days of receipt
of the request for substitution in the Business Equity Management System.
(8) Where the Contractor has established the basis for the substitution to the
satisfaction of the City,the Contractor shall make Good Faith Efforts to fulfill the
Utilization Plan.The Contractor may seek the assistance ofthe City in obtaining a new
Business Equity Firm.
(9) If the Business Equity Goal cannot be reached and Good Faith Efforts
have been made,the Contractor may substitute with a non-Business Equity Firm.
(g) Contract Amendment I Change Order.The Contractor shall comply with the
provisions of this Article with respect to any contract amendments,change orders,or extra work
orders.
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(1) If a Contract has been assigned a Business Equity Goal and requires a
reduction in work or additional work through a change order,contract amendment or
other mechanism,the Contractor shall notify DVIN.
(2) If the Contract amendment,change order,or extra work adds work to a
project that is already being performed by a Business Equity Firm,such firm shall be
given the opportunity to perform the additional work.
(3) If the amendment,change order,or extra work adds work that like or
similar work is not already being performed by a Business Equity Firm and the amount of
such additional work is greater than or equal to S 100,000,00,the Contractor shall comply
with Good Faith Effort requirements of this Article(exclusive of the time requirements
stated therein)with respect to such additional work.
(4) A Contractor may submit an Acceptance of Previous Commitment Form
(APCF)for contract amendments and change orders in which the Contractor agrees to the
original Business Equity(foal for the project,inclusive of any prior change orders or
amendments
(h) Prior to Contract Closeout,the DVIN shall evaluate the Contractor's fulfillment of
the Business Equity Goal,considering all approved substitutions,terminations and changes to the
Contract's scope of work.If the City determines that Good Faith Efforts to meet the Business
Equity Goals were not made,or that fraudulent misrepresentations have been made,or any other
breach of the Contract or violation of this Article has occurred,a remedy or sanction may be
imposed,as provided in this Article,
(i) Contract Payment Procedures,
(1) For vertical construction Contracts,the Contractor shall submit an invoice
at least monthly and the City will pay the invoice as required by the Tcxas Prompt
Payment Act(Tex.Gov't.Code,Chap.2251)or any successor statute. The Contractor
shall pay Subcontractors as required by the Texas Prompt Payment Act or any successor
statute. The Contractor's failure to make payments as provided by state law shall,in
addition to any other remedies provided by law,authorize the City to withhold future
payments and/or rr lect future bids from the Contractor until compliance with this Article
is attained.
(2) For horizontal construction Contracts,procedures will be established to
ensure that all progress payments are made twice a month and that Subcontractors are
paid in accordance with the provisions of the Texas Prompt Payment Act(Tex.Gov't.
Code,Chap.2251)or any successor statute. A Contractor's failure to make payments as
required by state law shall,in addition to any other remedies provided by state law,
authorize the City to withhold future payments and/or reject future bids from the
Contractor until compliance with this Article is attained.
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(3) For all other Contracts,the Contractor shall pay Subcontractors as
required by the Texas Prompt Payment Act(Tex.Gov't.Code,Chap.2251)or any
successor statute. The Contractor's failure to make payments as provided by state law
shall,in addition to any other remedies provided by law,authorize the City to withhold
future payments and/or reject future bids from the Contractor until compliance with this
Article is attained.
(j) Payment Compliance Procedures,
(1) Contractors shall report receipt of all payments from the City in the
Business Equity Management System related to Contracts for which a Business Equity
Goal was established within 30 days of receipt of such payment.
(2) Contractors shall report all payments made to each Business Equity Firm
utilized by the Contractor as a Subcontractor related to Contracts for which a Business
Equity Goal was established within 30 days of making such payment.
(3) Business Equity Firm Subcontractors shall confirm the accuracy and date
of all payments made by Contractors related to Contracts for which a Business Equity
Goal was established in the City's Business Equity Management System within 30 days
of receipt of payment.
(4) If prompted by the City's Business Equity Management System,
Contractors and Business Equity Firm Subcontractors shall confirm notice and receipt of
all payments.
(5) The Contractor shall notify each Business Equity Firm Subcontractor that
does not confirm receipt of payment from the Contractor of its responsibility to do so in
the City's Business Equity Management System and provide proof of such notification to
DVfN.
(k) Cront act Closc- n Pmccdune.At the completion of a Contract,the following
procedures shall be followed by the Contractor.']he Program contains further requirements of
City departments for close-out procedures.
(1) The Contractor shall submit a Notice of Final Payment in the Business
Equity Management System.
(2) The Contractor shall work with WIN to correct any discrepancies in
payments made under a Contract.
(3) If DVIN determines that the Contractor failed to meet the Business Equity
Goal and the City made no changes that impacted the Contractor's ability to meet the
Business Equity Goal,it shall be considered a breach of the Contract and DVIN may
impose sanctions in accordance with this Article.
Ordinance No.25165-10-2021 Page Pail
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(1) Cinunting Business ofty Orm's Participation.
(1) In order for a Business Equity Firm to count toward a Business Equity
Goal,such firm must be Certified at the time of bid submission.Business Equity Firms
that are scheduled to become Certified in an additional NAILS area during execution of
the Contract may count participation towards the Business Equity total for the additional
certified work upon notifying DV IN with proof of such certification prior to completion
of the work under the Contract.
(2) The entire amount of that portion of a Contract that is performed by the
Business Equity Firm's workforce shall be counted toward a Business Equity Goal.
including the cost of supplies and materials obtained for the work performed by the
Business Equity Firm's workforce.
(3) The entire amount of fees or commissions charged for providing a bona
fide service,such as professional,technical,consultant or managerial services,or for
providing bonds or insurance specifically required for the performance of a Contract,
shall be counted toward the Business Equity Goal,provided the fee is reasonable and not
excessive as compared with fees customarily charged for similar services.
(4) When a Business Equity Firm performs as a participant in a Joint Venture,
only the portion of the total dollar value of the Contract equal to the distinct,clearly
defined portion of the work of the Joint Venture's Contract that is performed by the
Business Equity Firms with its own forces and for which it is separately at risk,shall be
counted toward the Business Fquity Goal.
(5) Only expenditures to a Business Equity Firm that is performing a
Commercially Useful Function shell be counted.To determine whether a Business Equity
Firm is performing a Commercially Useful Function,the City may evaluate the amount
of work subcontracted,industry practices,whether the amount the registered firm is to be
paid under the Contract is commensurate with the work it is actually performing and
other relevant factors.A Business Equity Firms does not perform a Commercially Useful
Function if its role is limited to that of an extra participant in the Contract through which
funds are passed in order to obtain the appearance of participation.When a Business
Equity Firm is presumed not to be performing a Comtmrcially Useful Function,the
Contractor or Business Equity Firm may present evidence to rebut this presumption.
(6) In determining achievement of Business Equity Goal,the participation
of a Business Equity Firm shall not be counted toward the Business Equity Goal until the
respective amount has been paid to the Business Equity Firm.
(7) Business Equity Firms that meet the Significant Business Presence
definition and bid as a Contractor or Subcontractor may count their participation towards
the goal.Acceptance is on a contract-by-contract basis.
§2"72 CONTRACT EXCEPTIONS AND WAIVERS.
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Form Revision Date:2020-10-21
(a) If Bidder or Contractor is unable to comply with the Business Equity Goal
requirements for a Contract,such Bidder or Contractor may submit one of the two forms
prepared by the DVIN listed below.If the DVIN denies a request to waive a goal;the Bidder or
City department may appeal that denial to the City Manager whose decision on the request shall
be final.
(1) A Contractor Waiver form may be submitted if a Bidder will perform the
entire contract without Subcontractors or suppliers.
(2) A Good Faith Effort Form is submitted if the Bidder or Contractor has a
subcontracting andtor supplier opportunity but was unable to meet or exceed the Business
Equity Goal.The Bidder or Contractor shall submit requested documentation that
demonstrates a Good Faith Effort to comply with the Business Equity Goal.
§20-373 VIOLATIONS AND SANCTIONS.
(a) Violations.If a Business Equity Firm,Bidder,Contractor,Business Equity Firm
Subcontractor,Vendor,or supplier(for purposes of this Section,each referred to as an
"Offender's commits a violations of this Article(including payment processing and payment of
Business Equity Firm Subcontractors)or provides false or misleading information to the City in
connection with submission of a bid,responses to requests for qualifications or proposals,Good
Faith Efforts documentation,post-award compliance,or commits any other violations of this
Article,it may result in sanctions in accordance with this section.
(b) Payment Repgrtina,Failure to comply with requirements for payment reporting
procedures will result in an Offender being locked out the BusinessEquity Management System
until compliance with the Business Equity Management System is achieved,
(c) Payments Withheld.Failure to comply with the provisions of the Texas Prompt
Payment Act(Tex,Gov't.Code,Chap.2251)or any successor statute shall authorize the City to
withhold payment from the Contractor until compliance is attained,Noncompliance may impact
bidder evaluation scoring on future City bid opportunities.
(d) All other violations of this Article,including persistent payment issues(reporting
or payment of Subcontractors)will result in the following sanctions:
(1) Warning Letter,A formal written warning letter from DVIN that shall
become part of the vendor profile and may impact bidder evaluation scoring on future
City bid opportunities for up to 12 months.
(2) Non-Responsive Designation.DVIN will designate an Offender as non-
Responsive if DVIN determines that an Offender is not Responsive to any requirements
of this Article.This designation shall prevent Offenders from bidding on Contracts for up
to 6 months or until compliance is met as determined by DVIN,whichever is earlier.
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Form Revision Date:2020-10-21
(3) I-Year Debarment.Continued failure of an Offender to comply with this
Article may result in Offender being Debarred fora period of time of not less than one
(1)year.
(4) 3-Year Debarment.An Offender who intentionally and/or knowingly
misrepresents material facts may be Debarred for a period of time of not less than three
(3)Years.
(e) Debarment Procedure.
(1) WIN shall determine whether Debarment of an Offender is appropriate.
If it decides in the affirmative,DVIN shall send a written statement of facts and a
recommendation for Debarment to the City Manager.The City Manages,after
consultation with DVIN and the City Attorney's Office,shall ultimately decide whether
Debarment is appropriate.If the City Manager upholds DVIN's recommendation for
Debarment of an Offender,the City Manager shall send a ccrti lied notice to the Offender
informing them of the Debarment
(2) An Offender that receives notification of Debarment may appeal to the
Business Equity Board by giving written notice within ten(10)days from the date of
receipt of notice of Debarment to the City Manager and the Business Equity Board of its
request for an appeal of the Debarment.
§20-374 APPEAL.
(a) The Business Equity Board shall conduct a hearing within thirty(30)days from
the date of receipt of the request for any appeal of this Article,unless the appellant requests an
extension of time.The Business Fquity Board will notify the appellant of the hearing time and
location.
(I) The appellant shall be afforded an opportunity to appear with counsel if
they so desire,submit documentary evidence,and confront any witness that the City
presents at the hearing.
(2) The Business Equity Board shall render its decision not more than thirty
(30)days after the hearing and send a certified notice to the appellant
(3) If the Business Equity Board upholds the sanctions,the appellant may
appeal to the City Manager within ten(10)days from the date of receipt of the Business
Equity Board's decision by giving written notice to the City Manager.The City Manager
has the final determination whether to uphold the sanctions assigned by the Business
Fquity Board.
§20-375 SUNSET DATE
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(a) This Article shall terminate on December 31,2030 unless rcauthorizcd by City
Council.
§§20-376-20-382 RF.SERVF 1).
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Form Revision Date:2020-10-21
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 10N9r21 M&C FiLE NUMBER: M&C 21-M4
LOG NAME: 08FY2021AMENDBUSNESSEOUITYORDINANCE
SUBJECT
(ALL)Adopt Ordinance to Amend Ordinance No.24534-11-2020 and Chapter 20.Licenses and Miscellaneaus Business Regulations,Article X_
Business Equity firms of the City Code to Reflect Recommendations from the 2020 Foil 111,torth Disparity Study and Codrfy Cun M Processes
RECOMMENDATION:
it is recommended That the City Council adopt the atssrhed Ordinance amending Ordinance No.24534-11-2020 and Chapter 20,Licenses and
Miscellaneous Business Regulations,Amide X Business Equity Firms to make certain additions and clarifications. The additions and
clardic0ons include;(1)certain aspects of the definition section;(2)adding a penalty schedule Tor failure to submit the required Business Equity
Fim Utilization Plan,(3)adding additional contracts that are subject to the Ordinance;(4)adding Certain protest procedures for vendor;and(5)
adding Payment System Compliance Procedure.
DISCUSSION:
The Departmerrt of Diversity and Inclusion("DMIC)determined that certain changes were necessary to Ordinance No,54531-11-2020('Business
Equity Ordnance j passed In November 2020 that amended Chapter 20.Article)(of the City Code CArticle")in order to cbriry the Article and add
certain Mims that rellect the business processes of the Cay and that Will Continue to reduce borders to opportunities on City contracts to Business
Equity FI ma.Those changes are reflected on the attached Ordnance(m both a redlrhed and Clean version)that amends the Afildc The carves
Includes the blowing:
1. Ciarilying certain definitions for Business Equity Finn,City Funds,Debarment.Marketplace,and SgMrcant Busness Presence,
2. Changing the"Vemanle for"out of Marketplace'firms to quually as a Busanatas Equity Firm.
3. bating that City parkipaton of$1,000,000 is required to set a Bushes Equity Goal for agreements nelsting to the conssruction of public
infrastructure or a public buuldung,such as Community Facilities Agreements and Irdrastucture Construction Agreements.
4. Stating that the City shall not set separate local Business Equity goals on Community Development Block Grants.HOME programs,or other
projects that include federal funds except where the City is mandated to set goals by state or federal M**enWft.
5. Statng that Business Equity Goals on may be established for tax abasement agreements and Chapter 380 grant agreements In accordance
with the most recently adopted`fax Abatement Paley'and ThapW 330 Grant Agreement Poky."
6. Adding clarifying details for payment reporting in Business Equity uanagement System
7. Addirig clarification on Contract Compliance Including 21-day bid advertisement requiemerd,UGtization Plans required by 2 p.m.on
3rd business day-after rwffica6m of bidder selection.
S. Adding new processes to the MCIatbns and Sanctlorhs secton Indudrng a norwespbnsive designatiori for not submubrrg utilization Plan,
warning letters,Temporary Suspension,and how Debarred verdors may apply to DVIN for Minstalemeri
9. Adding dari fhccations the companies operating with Exclusive Contracts and Non-Compete Clauses must now show proof of growth in
capacity and consent in order to qualify as a Business Equity Firm
10. Adding daridrations to Business Equity listings contractors can obtain a current list(darted not more than six(6)months old prior to the bid
open date)of Business Equity Firms from the DVIN_
11. Providing that the bid protest procedure is aligned with Cigrs gernwal purchasing poky.
12. Provtding that allegations of disctarhirhn0ori based an a protected class in she award or perlonmance of a Contract shag be subrni led,in
writing,to DVIN before am award of the Contact or the performance of die Contract
A Form 1295 Is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION ICERTIFICATION:
The Director of Finance certilies to approval of these reWnuriendatiens will have no material affect on City funds.
Submitted Ta tv Managers Office bv' Fernando Costa 5122
Originating Business gnitl{dd: Christina A.Brooks 8988
AddiNemal kNerMetion Contact: JB Strong 7627
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