HomeMy WebLinkAbout82-88 RESOLUTION •
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RESOLUTION NO. 82-88 s f r/-` nI ED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A QUIT CLAIM DEED TO PROPERTY
OWNERS FOR . 10 ACRE OF LAND WHICH WAS ACQUIRED
BY THE CITY IN 1981 FOR PURPOSES OF DRAINAGE
MAINTENANCE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a Quit Claim Deed to property owners for . 10
acre of land in the Appleby Road area which was acquired by the
City in 1981 for purposes of drainage maintenance. A copy of said
Quit Claim Deed authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this _ 1st day of November , 1988 .
APPROVED
By: NaAIL.,,...)
or a 9"A#L44"--°
ATTEST_ ' t f!
r
c3y � � 776/464
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ATPACffimiRT 3
SUMMARY OF DISADVANTAGED BUSINESS (DBE) PROVISIONS
Subpart D, 49 CFR Part 23
A. Effective Date of Amendment .
The amendment placing FAA under the Subpart D requirements
became effective when published in the Federal Register on May
23, 198S (53 F.R. 18285) .
B. Coverage.
1 . Subpart D is concerned only with projects funded by FAA '
under the Airport Improverent Program (AIP) ; it does not affect
leasing. .
2 . Sponsors who are required to comply with Subpart D are
those who receive an AIP grant after January 1988 , and who fall
into one of these categories :
a. A recipient of planning funds in excess of $75,000. _
b. A sponsor of a general aviation airport receiving
funds in excess of $250,000.
c. A sponsor of a non-hub airport receiving funds in
excess of $400 , 000.
d. A sponsor of a hub airport receiving funds in excess
of $500 , 000.
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C. Goals .
1. Single Goal for DBE's .
Subpart D requires a single overall goal for
disadvantaged businesses (DBE' s) , rather than separate goals for
minority and women-owned firms (MBE/WBE) . A single DBE goal is
also used in bid solicitations which require a contract goal . _
(Attachment 1 contains a sample clause that may be used in these
solicita.ons . ) Since women, like Blacks, Hispanics, and certain
other groups, are presumed to be socially and economically
disadvantaged, the two-goal system is not used under Subpart D.
Recipients and contractors may meet the DBE goal by using any
combination of disadvantaged firms.
EXHIBIT A
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2. Reporting DBE Awards.
Although Subpart D utilizes a single goal , sponsors
should continue to keep records on the awards made to the several F
disadvantaged groups . This information will be reported to the
FAA on DOT Form 4630 or another form.
3. Based on Federal Share Only.
The overall DBE goal should be based only on the Federal
share of AIP contract awards. Previously, MBE/WBE goals were
based on the total contract value, including the sponsor's
matching funds .
4 . Goal Period.
Overall DBE goals may reflect a one-year period or a
particular grant , project, or group of grants and/or projects.
The overall goal must be updated annually.
5. Overall Goal of 10 Percent or More.
Sponsors who request approval for an overall goal of 10
percent or more do so under the procedures in Section 23.45(g) ,
which are the same procedures used in establishing MBE/WBE goals.
6 . Overall Goal of Less than 10 Percent .
Sponsors who request approval for an overall goal of less
than 10 percent r.ust take the following steps in addition to
those in Section 23.45 (g) :
a . Submit with the request a justification addressing
the elements listed in 7 . below;
b. Ensure that the request is signed or concurred in by
the elected official, head of the board, or other official •
responsible for the operation of the airport sponsor;
c. Consult with minority and general contractors'
associations, community organizations, and other officials or
organizations that could be expected to have information
concerning the availability of DBE's and the adequacy of the
sponsor ' s efforts to increase DBE participation.
The FAA may direct the sponsor to consult with a relevant person
or organization if it appears that the sponsor has failed to do
so.
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7 . Content of Justification.
A justification for an overall goal of less than 10
percent must include information on:
., a. The sponsor 's efforts to locate DBEs;
b. The sponsor's efforts to make DBE' s aware of
contracting opportunities;
c. The sponsor's initiatives to encourage and develop
DBE' s;
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d. Legal or other barriers impeding the participation of
DBE's at a level of at least 10 percent in the sponsor's FAA-
assisted contracts , and the sponsor 's efforts to overcome or
mitigate the effects of these barriers;
e. The availability of DBE's to work on the sponsor's
FAA-assisted contracts;
f. The size and other characteristics of the minority
population of the sponsor's jurisdiction, and the relevance of
these factors to the availability or potential availability of
the DBE ' s to work on the sponsor 's FAA-assisted contracts; and
g. A su,r' ary of the views and information concerning
the availability of DBE' s and the adequacy of the sponsor's
efforts to increase DBE participation, as provided by persons and
organizations consulted by the sponsor (6.c. ) .
Additional guidance on the contents of a justification is found
in Appendix D of the regulations.
8. Assignment of DBE Goal.
If the FAA does not approve a sponsor's proposed overall
goal of less than 10 percent, the FAA may establish an adjusted
goal after consulting with the sponsor.
D. DBE Definition .
1 . A DBE is defined as a small business concern:
a. Which is at least 51 percent owned by one or more
socially and economically disadvantaged individuals, or, in the
case of any publicly owned business, at least 51 percent of the
stock of which is owned by one or more socially and economically
disadvantaged individuals; and
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b. Whose management and daily business operations are
controlled by one or more of the socially and economically
disadvantaged individuals who own it.
2. Small Business Concern.
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a. Current Standards.
Regulations of the Small Business Administration
(SBA) , 13 CFR 121 , contain guidelines and standards for
determining eligibility as a "small business concern. " The
current standards are set forth in a Table 2 of the Regulations
entitled "Final Rule Size Standards by SIC Industry" (Attachment
2) .
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b. Average Gross Receipts for 3-year Period.
The dollar figures listed in the SBA Regulations
refer to the average annual receipts earned by the firm,
including its affiliates, for the previous 3-year period. For
example , the standard for electrical contractors is $7 million.
meaning that the firm is small if its average gross receipts in
the three preceding years is no more than $7 million.
c . Size Determinations of AIP Contractors .
As part of the certification process , sponsors should
determine whether contractors who will perform on AIP projects
qualify as "small business concerns. "
(1) Contracts of $10,000 or Less.
For AIP contracts of $10, 000 or less , the firm
qualifies as small if it has no more than 500 employees.
(2) Contracts over $10,000.
For contracts over $10, 000, the firm qualifies
as small if it meets the size standards in SBA's Regulations 13
CFR Part 121 , except that a ceiling of $14 million (average gross
receipts in preceding 3-year period) has been established by the
grant legislation. If the SBA's standard for a particular type
of contractor , e.g. , $7 million for electrical work, is lower
than $14 million, the lower figure would govern. If SBA's
standard is higher , such as $17 million established for general
contractors, the $14 million threshold takes precedence. The
Major Groups in the SBA Regulations that may be relevant to AIP
contracting include 15, 16, 17, and 87 .
(Note: The size standards listed in Appendix B of Subpart D were
superseded by those shown in Attachment 2. )
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3 . Socially and Economically Disadvantaged Individuals.
a. Any person who has a current certification from the
SBA under Section 8 (a) of the Small Business Act is considered to
be socially and economically disadvantaged for purposes -of
Subpart D. •
b. Recipients make a "rebuttable presumption" that
individuals in the groups listed below who are citizens of the
United States (or lawfully admitted permanent residents) are
socially and economically disadvantaged. The presumption is a
rebuttable one since other parties may challenge whether any
particular person in one of these groups is actually
disadvantaged. The groups are:
(1) Women;
(2) Black Americans, which includes persons having
origins in any of the Black racial groups of Africa;
(3) Hispanic Americans, which includes persons of
Mexican. Puerto Rican, Cuban, Central or South American, or other
Spanish or Portuguese culture or origin, regardless of race;
(4) Native Americans, which includes persons who are
American Ind_ans, Eskimos, Aleuts , or Native Hawaiians;
(5) Asian-Pacific Americans , which includes persons
whose crigins are from Japan, China, Taiwan, Korea, Vietnam,
Laos , Cambodia, the Philippines , Samoa, Guam, the U.S. Trust
Territ:ries of the Pacific, and the Northern Marianas; and
(6) Asian-Indian Americans , which includes persons
whose origins are from India, Pakistan, Bangladesh, and
Sri Lanka. (Note: Sri Lanka was recently added as a "presumptive
group" by the SBA and has not yet been incorporated into the
Subpart D Regulations . )
c . Persons who are not members of any of the
"press:-.ptive groups" listed in b. may nevertheless be found to be
socially and economically disadvantaged by the sponsor on a case-
by-case basis . For example, a disabled Vietnam veteran, an
Appalachian white male, or any other person may claim to be
disadvantaged due to individual circumstances. If one of these
individuals owns a business and applies for eligibility as a DBE,
the sponsor must determine, as part of the certification, whether
that person qualifies as socially and economically disadvantaged
under the guidelines in Appendix C. It is emphasized that these
persons would have to make an individual showing of disadvantage
rather than on the basis of group membership.
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E. Challenge Procedures .
Any third-party may challenge whether the owner of a firm
certified by the sponsor or seeking certification, who is
presumed to be socially and economically disadvantaged, actually
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is disadvantaged. Sponsors may also make such a challenge.
However, the disadvantaged status of an individual who has a
current certification under Section 8 (a) of the Small Business-
Act is not subject to challenge.
1 . Inquiry.
When a written challenge is filed by a third-party, the
sponsor must conduct an inquiry and provide appropriate
notifications to the parties involved. The inquiry may be
informal; strict rules of evidence are not required. Section
23.69 of the regulations contains guidance on the procedures to
be followed, while Appendix C is used as guidelines for making
determinations of social and economic disadvantage .
2 . Eligibility Status .
While the challenge is in progress, the presumption of
social and economic disadvantage remains in effect, and the firm,
if certified, may continue to be considered eligible.
F. Directory.
Sponsors subject to Subpart D must compile and update their
directories annually . The directory should include the addresses
of the DBE firms .
G. Steps to Verify Eligibility.
The regulations establish uniform standards for certifying
the eligibility of DBE firms. As part of the certification
process , sponsors are required to take at least the following
steps in determining whether a firm is eligible:
1 . Perform an on-site visit to the offices of the firm and
to any job sites on which the firm is working at the time of the
eligibility investigation;
2. Obtain the resumes or work histories of the principal
owners of the firm and personally interview these individuals;
3. Analyze the ownership of stock in the firm, if it is a
corporation;
4. Analyze the bonding and financial capacity of the firm;
5. Determine the work history of the firm, including
contracts it has received and work it has completed; •
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6 . Obtain or compile a list of equipment owned or available
to the firm and the licenses of the firm and its key personnel to
perform the work it seeks to do as part of the DBE program; and
7 . Obtain a statement from the firm of the type of work it
prefers to perform as part of the DBE program.
H. Contract Award Mechanism.
Subpart D utilizes the same contract award mechanism as the
other provisions of the regulations. That is, sponsors may
award FAA-assisted contracts to bidders who meet the goals or who
demonstrate that they made good faith efforts in attempting to do
so.
'I . Compliance.
I . Failure to Have Approved DBE Program.
A sponsor is in noncompliance with Subpart D if it fails
to have an approved DBE program, including an approved overall
goal .
2 . Failure to Meet Goal .
Failure to r.eet an overall goal, by itself, does not
constitute nonconpliance with Subpart D. If the overall goal is
not achieved, the sponsor will have an opportunity to explain why
the goal could not be met and why failure to meet it was beyond
the sponsor ' s control .
3 . Reredial Action.
If the explanation for not meeting the overall goal is
not acceptable or not made, the FAA may direct the sponsor to
take appropriate remedial action. Remedial action =ay include
additional outreach and assisting DBE's for the purpose of
improving DBE participation in future contracting activities .
The sponsor may have to devote additional resources in order to
take these steps . Failure to take such remedial action would put
the sponsor in a noncompliance status .
RESOLUTION NO. 8-87
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A RESOLUTION AMENDING THE OVERALL GOAL OF MINORITY-OWNED
AND WOMEN-OWNED BUSINESSES IN THE MINORITY BUSINESS
ENTERPRISE PROGRAM FOR THE FAYETTEVILLE MUNICIPAL
AIRPORT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
That the Minority Business Enterprise Program for the Fayetteville
Municipal Airport is hereby amended by amending the percentage of minority-
owned businesses to .25% and by amending the percentage of women-owned
businesses to 7.75% for an overall goal of 8%.
PASSED AND APPROVED this 3rd day of February , 1987.
APPROVED
B y: � y y-�1Or-54L4A-J-L-1^-/
Mayor U
ATTEST
By:
icy Clerx 'j
l/
MINORITY BUSINESS ENTERPRISE PROGRAM
FAYETTEVILLE MUNICIPAL AIRPORT
FAYETTEVILLE, ARKANSAS
INTRODUCTION
This Minority Business Enterprise Program, has been developed
by the City of Fayetteville, Fayetteville, Arkansas, in accordance
with 49 CFR, Part 23; participation by Minority Business Enterprise
in Department of Transportation Programs.
STATEMENT
In order to satisfy the requirements set forth in the DOT MBE
Regulations (49 CFR, Part 23) , the following Minority Business
• Enterprise Program has been prepared by the City of Fayetteville, •
---"'"-----Fayetteville, Arkansas, and adopted and approved p by the City of
Fayetteville Board of Directors for submission to the United States
Department of Transportation.
The City of Fayetteville Board of Directors hereby approves and
adopts the following program elements and recording procedures as the
Minority Business Enterprise Program for the Fayetteville Municipal
Airport, Fayetteville, Arkansas, to wit:
MBE PROGRAM ELEMENTS
49 CFR, Part 23 sets forth certain required MBE program elements
in § 23.45 (e)-(i) , to be applicable to activities carried out by the
Fayetteville Municipal Airport. The City of Fayetteville agrees to
include the following clauses in each procurement initiated directly
by the City of Fayetteville, and to adopt the following program ele-
ments:
AIRPORT CC MIITTEE MEETING
January 28, 1987
ITEM #1
Minority Business Enterprise
Program
A. Required MBE contract clauses:
1. Policy. It is the policy of the Department of Transportation
that minority business enterprises as defined in 49 CFR, Part
23 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with
- -. Federal funds under this agreement. Consequently the MBE
requirements of 49 CFR, Part 23 apply to this agreement.
2. MBE Obligation. The recipient or its contractor agrees to
ensure that minority business enterprises as defined in 49
CFR, Part 23 have the maximum opportunity to participate
in the performance of contracts and subcontracts financed
in whole or in part with Federal funds provided under this
agreement. In this regard all recipients or contractors
-- shall take all necessary and reasonable steps in accordance
with 49 CFR, Part 23 to ensure that minority business enter-
prises have the maximum opportunity to compete for and
perform contracts. Recipients and their contractors shall
not discriminate on the basis of race, color, national
origin, or sex in the award and performance of DOT-assisted
contracts.
3. MBE directory (§ 23.45 (e) . The City of Fayetteville will
develop a loose-leaf directory of minority businesses to
identify MBEs with capabilities relevant to construction of
airport improvements. The information contained in the MBE
source list or directory shall be made available to (sub-
recipients) , contractors, bidders, and proposers to
facilitate their efforts to meet the specific MBE program
requirements where opportunities for private sector con-
tracting or purchasing exist.
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AIRPORT COMMITTEE MEETING
January 28, 1987
1 •
ITEM #1
Minority Business Enterprise
Program
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C. Procedures to ascertain the eligibility of MBEs and joint ventures
involving MBEs (23.45 (f) :
1. The City of Fayetteville will ensure that any benefits resulting
from the goal -oriented MBE program accrue only to firms owned
and controlled by minorities or women within the meaning of
49 CFR, Part 23, § 23.5.
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2. The City of Fayetteville to certify MBEs in accordance with
the requirements of 49 CFR, Part 23, Schedule(s) A & B upon
receipt of notification by that the Office of Management and
Budget (OMB) has approved the format under the provisions of
OMB Circular A-40. •
3. The City of Fayetteville will ensure that the certification
systems are at least as effective as procedures prescribed in
_ 49 CFR, Part 23 23.51.
4. The City of Fayetteville will when possible replace a MBE
subcontractor that is unable to perform sucessfully with
another MBE. The City of Fayetteville (and its subrecipients)
will approve all substitutions of MBE subcontractors before
bid opening and during contract performance, to ensure the
substitution of bona fide MBEs.
D. Percentage goals for the dollar value of work to be awarded to
MBEs 0 23.45 (g) :
1. Each fiscal year, the Fayetteville Municipal Airport will
review its various Programs so as to identify those proposed
contracts having potential for MBE participation and set an
overall goal for MBE participation within the generated
activities to be carried out and goods to be purchased. The
overall MBE goal shall include a separate goal for firms owned
and controlled by minorities, and a goal for firms owned and
controlled by women. The Fayetteville Municipal Airports over-
all goal for minority-owned firms for FY 1982 is .25%, and
the goal for women-owned businesses is .25%. These percentages
are based upon the total dollar value of contracts with, and
goods purchased from, the private sector. AIRPORT CoCOMMITTEE NIEE'I'ING
January 28, 1987
IT
Minority Business Enterprise
3 Program
2. Contract goals will be negotiated where MBE subcontracting
opportunities have been identified. The goal (s) will be
expressed as a percent of the total dollar amount of the
contract. The City of Fayetteville will meet or exceed
the goal (s) or be prepared to demonstrate that best efforts
were expended so as to accomplish the MBE obligation.
3. The overall goal (and/or subsequent contract goals) will
be based on a review of the availability of MBEs located
within at least the usual market area for contractors and
vendors. The overall goal will reflect the results that
reasonably could be expected as a consequence of aggressive
efforts to implement the MBE program.
4. The OMB Circular A-95 Clearinghouse review shall suffice.as
the goal-related 45-day comment period required by § 23.45 (g) .
--_. _ E. - - Procedures to require that participating MBEs are identified by
name by competitors for contracts. (5 23.45 (h) .
The City of Fayetteville will require prime contractors to
submit the names of any MBE subcontractor(s) , their respective
scope of work, and the dollar value of the proposed MBE sub •
-
contract(s) within a reasonable time within the circumstances
of each solicitation after bid opening(s) and prior to the
actual contract award.
F. Selection criteria to ensure that prime contracts are awarded to
competitors that meet MBE goals 0 23.45 (i ) .
1. The City of Fayetteville' s contracting activities incorporate
procedures whereby bids will be reviewed to determine whether
the lowest bidder meeting the MBE contract goal is within the
zone of competition as to price for the contract. •
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AIRPORT COMMITTEE MEETING
January ;28, 1.937
MinorityITEM
Buisness Enterprise
2. If the City of Fayetteville determines that this competitor
has offered a reasonable price, the firm shall be awarded the
contract. If the bidder's price is not reasonable, the com-
petitor with the next highest percentage of MBE participation
shall be considered and so on, in order of their percentage of
MBE participation until one with a reasonable price is selected.
In the event no bidder with MBE participation has offered a
reasonable price, then the City of Fayetteville may elect to
award the contract to any bidder or offeror that demonstrated
a resonable effort to meet the MBE contract goal .
3. The City of Fayetteville will consider steps , including but
not limited to the following, as to determining whether reason-
able efforts were made to meet MBE contract goals:
- a. Attendance at a pre-bid meeting, if any, scheduled by
the recipient to inform MBEs of subcontracting opportunities
under solicitation,
b. Advertisement in general circulation media, trade associ-
ation publications , and minority-focus media for at least
20 days before bids or proposals are due. If 20 days are
not available, publication for a shorter reasonable time
'is acceptable;
c. Written notification to MBEs that their interest in the
contract is solicited;
d. Efforts made to select portions of the work proposed to be
performed by MBEs in order to increase the likelihood of
achieving the stated goal ;
e. Efforts to negotiate with MBEs for specific bids for
subcontracts including at a minimum:
i . The names , addresses, and telephone numbers of
MBEs that were contacted;
ii . A description of the information provided to
MBEs regarding the plans and specifications for
portions of the work to be performed; and
iii . A statement of why additional agreements with
MBEs were not reached, AIRPORT COMMITTEE MEETING
January 28, 1987
ITEM! #1
5 Minority Business Enterprise
f. Concerning each MBE the competitor contacted but
rejected as unqualified, the reasons for the competitor's
conclusion; and
g. Effort made to assist the MBEs contacted that needed
assistance in obtaining bonding or insurance required
by the contractor or recipient.
4. Bidders, proposers, offerors, that fail to meet (MBE contract
goals and/or) the foregoing "reasonable efforts" test, will
not be certified as eligible to be awarded the federally-
assisted contract.
5. The City of Fayetteville will ensure that all obligations under
MBE contracts are met, by reviewing the contractor's MBE in-
volvement efforts during the life of the contract. (Any
interruption of scheduled progress payments to MBEs shall be
brought to the attention of the City of Fayetteville. )
REPORTING PROCEDURES
A. The City of Fayetteville will maintain records on specific
contract awards to MBEs, in a format and frequency (quarterly)
to be prescribed by DOT.
B. The minimum MBE data elements to be maintained are as follows:
1. The number of contracts awarded to MBEs;
2. A description of the contract(s) awarded to MBEs;
3. The dollar value of MBE contract awards;
4. The percentage of the dollar value of all contracts
awarded to the private sector that were awarded to
MBEs; and
5. An appraisal of the extent to which the MBE awards met
or exceeded the SHSA's MBE goal .
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AIRPORT COMMI'r mE MEETING
January 28, 1987
ITEM # 1
Minority Business Enterprise
Program
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THIS program is offered in consideration of and for
the purpose of obtaining any and all Federal grants , loans ,
contracts, property, discounts or other Federal financial
assistance extended after the date hereof to the Fayetteville
Municipal Airport by the Department of Transportation and is
binding on it, other recipients, subgrantees , contractors,
subcontractors, transferees, successors in interest and
other participants.
Approved and adopted by the City of Fayetteville Board of
Directors, Fayetteville, Arkansas on /6 8 �--
1982. /
!/
act- %
MAYOR
(94)4,,-/t , a )W4
CIT?CLERK
AIRPORT COMMITTEE MEETING
January 28, 1987
ITEM #1
Minority Business Enterprise
Program