HomeMy WebLinkAbout154-07 RESOLUTION•
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RESOLUTION NO. 154-07
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A RESOLUTION TO ACCEPT AND APPROVE THE UPDATED
FAYETTEVILLEMUNICIPAL AIRPORT DISADVANTAGED
BUSINESS' ENTERPRISE (DBE) PROGRAM PARTICIPATION
GOAL FOR FY2008. -
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That/the City Council of the City of Fayetteville, Arkansas
hereby accepts and approves the updated Fayetteville Municipal Airport
Disadvantaged Business Enterprise (DBE) Program participation goal for
FY2008. ii 1111111111,
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PASSED and APPROVED this 4th day of September, 2007.
APPROVED:
By:
D ` COODY, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
Ray M. Boudreaux
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
9/4/2007
City Council Meeting Date
1111161
159
D36 ic,105gams
Aviation & Economic Development General Government
Division
Action Required:
Department
Action Required: A Resolution to accept and approve the updated Fayetteville Municipal Airport Disadvantaged
Business Enterprise (DBE) Program Participation Goal in 2008 for Airport Improvement Grant Project 3-05-0020-
0036-2008.
Cost of this request
Account Number
Budget
Program Category / Project Name
Funds Used to Date
Program / Project Category Name
Airport
Project Number Remaining Balance
Budgeted Item
Budget Adjustment Attached
01! . l %
/Date
Department Director
Fund Name
_9 * & $zt/d7
City Attorney
LQJ
Finance and Internal Service Director
Mayor
Date
3-2167
Date
146
Date
147-00, 150-01, 81-03
Previous Ordinance or Resolution # 97-04, 87-05
202-D5 143-06
Original Contract Date:
Original Contract Number:
Received in City CI
's Office
EN FRED
Sl
Comments:
•
aeevle
ARKANSAS
Staff Review Memorandum
TO: Fayetteville City Council
THRU: Ray M. Boudreaux, Direct
Fayetteville Municipal Airport Advisory'=oard
Staff Review Committee
FROM: James L. Nicholson, Financial Coordinator DBE Liaison
DATE: August 8, 2008
SUBJECT: Disadvantaged Business Enterprise (DBE) Program Goal Update for FY2008
Recommendation: Review & Approval of a Resolution to accept the Fayetteville Municipal Airport
Disadvantaged Business Enterprise (DBE) Program Goal Update for FY2008.
Background: On October 14, 2000, the Fayetteville City Council approved the Fayetteville Municipal
Airport's revised Disadvantaged Business Enterprise Program. The Airport's DBE Program is federally
mandated under 49 CFR Part 26 for all Department of Transportation (DOT/FAA) grant recipients which
anticipate receiving more than $250,000 in federal funds in the fiscal year. Drake Field anticipates
receiving approximately $1,000,000, "Correct Runway 16 Safety Area Deficiency Phase I" from the
DOT/FAA in FY 2008.
The DBE Program assures that Minority & Women -owned businesses, and other economically
disadvantaged small businesses have an equal opportunity, or "level playing field," in competing for
Airport procurement contracts.
49 CFR Part 26 requires that our DBE Program Goal be updated annually, and its acceptance
acknowledged by the sponsoring city's executive body. The Updated Goal describes the overall DBE
participation percentage and value of procurement contracts targeted for award to DBE contractors in the
fiscal year. The regulation provides the methodology to be used to set contract DBE participation goals.
Discussion: The purpose of this item is a new resolution approving the updated annual percentage goal
established by Fayetteville City Council Resolution No. 143-06 and previous annual updates for
DOT/FAA grant assisted contracts entered into by the City of Fayetteville Municipal Airport.
The Airport Board has reviewed the update goal and recommended at their meeting of August 8, that the
document be forwarded to the City Council for approval. The new resolution will accept and approve the
airport's updated DBE participation goal for FY 2008.
Budget Considerations: No budget effect.
/In
Attachment: FY 2008 Goal Update & Methodology
Resolution 143-06
Aviation and Economic Development Department
Fayetteville Municipal Airport, Drake Field
4500 South School Avenue, Suite F
Fayetteville, Arkansas 72701
Ray M. Boudreaux, Director
4
RESOLUTION NO.
A RESOLUTION TO ACCEPT AND APPROVE THE UPDATED
FAYETTEVILLE MUNICIPAL AIRPORT DISADVANTAGED
BUSINESS ENTERPRISE (DBE) PROGRAM PARTICIPATION
GOAL FOR FY2008.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1.' That the City Council of the City of Fayetteville, Arkansas
hereby accepts and approves the updated Fayetteville Municipal Airport
Disadvantaged Business Enterprise (DBE) Program participation goal for
FY2008.
PASSED and APPROVED this 4th day of September, 2007.
APPROVED: ATTEST:
•
By: By: • •
DAN COODY,.Mayor SONDRA E SMITH, City Clerk/Treasurer
•
RESOLUTION NO. 143-06
A RESOLUTION TO ACCEYI AND APPROVE THE UPDATED
FAYETTEVILLE MUNICIPAL AIRPORT DISADVANTAGED
BUSINESS ENTERPRISE (DBE) PROGRAM PARTICIPATION
GOALS FOR FY2007.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby accepts and approves the updated Fayetteville Municipal Airport
Disadvantaged Busmess Enterprise (DBE) Program participation goals for
FY2007.
PASSED and APPROVED this 5th day of September, 2006.
APPROVED:
By:
ATTEST:
a, e �VZ Y Op •!',p .
V•
:FAYETTEVILLE:
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s . fiAN P.JZ'
By: PA 44,j bate C(AIGTON....`���
DAN COOD , Mayor j SONDRA SMITH, City Clerk
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Airport Sponsor:
Name of Preparer:
Goal Period:
Overall DBE Goal:
Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
City of Fayetteville
James Nicholson, Financial Coordinator
Fayetteville Municipal Airport/Drake Field
4500 S School Ave., Suite F, Fayetteville, AR 72701
10/01/07 thru 9/30/08 — AIP Grant No. 3-05-0020-0036-2008
0.75%
Introduction to 2008 DBE Goal update: The City of Fayetteville / Fayetteville Municipal Airport DBE
Goal update for Fiscal Year (FY) 2008 and extending through the completion of the Airport Improvement
Project (AIP) noted above, is provided to describe the Airport Projects which are funded in part with
Department of Transportation (DOT) / Federal Aviation Administration (FAA) funds, and to determine by
the federally prescribed methodology the portion or percentage of those funds targeted for contract award
to Disadvantaged Business Enterprises (DBE's) in accordance with Federal Regulations 49 CFR Part 26.
The Goal Update is a prerequisite for AIP grant funding for airports which anticipate receiving more than
$250,000 in federal funding from the DOT / FAA in the 2008 fiscal year.
The 2008 DBE Goal Update revises the DBE participation goal in federally funded airport contracts
anticipated for the 2008 fiscal year, from that originally described in the airport's previously published
DBE Program Plan and successive annual goal updates. The FY 2008 Goal Update is effective concurrent
with the solicitation of bids through completion of the grant funded project.
Public Participation and Consultation in the DBE Goal Update process is a requirement under federal
regulations at §26.45(g). The updated Goal and Methodology is published for 30 days prior to submittal to
the FAA for approval. Comments on the Goal Update are accepted for 45 days after the date of public
notification of its availability for public review. A number of interested private and public entities were
selected to review and comment on the Goal Update, (see attachment #1 - list of consulting agencies).
Public cornments on the updated goal and methodology are incorporated with the submission to the FAA.
Public comments on the proposed FY 2008 Goal will be received until 8/31/07, (see attachment 112
comments)
Comments on the FY 2008 DBE Goal Update may be submitted to the Fayetteville Municipal Airport's
DBE Liaison Officer by phone, writing, fax, or e-mail to the following:
Jaynes Nicholson, DBE Liaison Officer
Fayetteville Municipal Airport / Drake Field
4500 South School Ave., Suite F
Fayetteville, AR 72701
479-718-7643
479-718-7646 fax
micholson@cilayetteville.ar.us
Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
OVERALL GOALS (§26.45)
Goal Period
10/1/07 — 9/30/08
Amount of Goal
Fayetteville Municipal Airport's overall goal for FY2008 is: 0.75%
Fayetteville Municipal Airport anticipates one AIP (federally funded) project in FY 2008. The
estimated project costs are 51,000,000 "Correct Runway 16 RSA Deficiency Phase I". Thus, the
total projected dollar amount of DBE participation in the projects is: $7,500.
Determination of Market Area
Step 1 of the methodology for determining DBE percentage goal requires an assessment of the
relative availability of DBE's in the local market area. The local market area is the area which
provides, or is most likely to provide, the firms considered qualified to perform the needed work.
Correct RW 16 RSA Deficiency Phase I, Engineering, Land Acquisition, Environmental:
The Airport has selected, and has contracted with a consulting Engineering firm which will be
used to perform the first phase of the above noted project. The Engineering consultant was
selected in accordance with the requirements of 49CFR Part18.36, Procurement, and as permitted
under paragraphs (d)(3)(v), by competitive proposals (AR professional services). The Contract
with the engineering firm includes a specific Disadvantaged Business Enterprise DBE
Assurances clause stating the firm's responsibility to offer DBE's the "maximum opportunity to
participate in the performance of contracts financed in whole or in part with Federal funds under
this agreement."
Considerations in selecting Market Area
Correct RW 16 RSA Deficiency Phase I, Engineering, Land Acquisition, Environmental.
The project phase consists of preliminary design, engineering, geologic investigation,
environmental assessment, survey and appraisal, and property acquisition. Excepting the
necessary field work, many of the tasks to be accomplished need not be performed on site. It is
desirable, but not essential, to enlist skilled personnel who are experienced and knowledgeable of
local conditions. However, professionals certified by the State of Arkansas are presumed to have
the qualities necessary to perform the work adequately. Therefore, the selected Market Area for
this project phase is determined to be the entire State of Arkansas.
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Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
The consulting Engineer under contract to the airport lists at least one DBE (WBE) as an..
associate team partner for airport work. Additionally, a list of the DBE contractors in the State of
Arkansas presumed to meet qualifications for subcontracted work under the consulting
Engineer's contract will be compiled and issued to the Engineering firm. The consulting
Engineer will be directed to inquire with the DBE firms as to their fitness and availability for any
subcontracted work required by the consulting Engineering firm.
The available DBE Contractors in the Local Market Area are those listed as being certified• DBE
by the Arkansas State Highway & Transportation Department (AHTD), and listed in AHTD's
"Disadvantaged Business Enterprise Directory," published April 25, 2007.
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Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
Methodology - Step 1
The Fayetteville Municipal Airport / Drake field anticipates awarding one AIP funded project
contract in FY 2008. The project is: 1. Correct Runway 16 RSA Deficiency Phase I, which
entails design and engineering, land acquisition, and environmental review preliminary to an
offering to bidders for the construction phase of the project.
Project No. 1: Correct RW 16 RSA Deficiency Phase I, Engineering, Land
Acquisition, Environmental
2002
NAICS
Code
Work Item
DBE's in Local
Market Area
All Available
Firms*
53121
Real Estate Agents & Brokers
1
548
53132
Appraisal offices
1
142
54133
Engineering services
1
275
54136
Geophysical surveying and mapping
1
6
54138
Testing laboratories
0
40
54162
Environmental Consulting services
3
42
Totals for this Contract
7
1053
* US Census — 2002 Economic Census data
Weighting
Approximately 70% of the project expense is allocated to land acquisition, and 30% to Design &
Engineering and Environmental Assessment. Therefore, the tasks associated with each category
are calculated separately and summed.
Calculation of Base Figure
The base figure is calculated as: the number of available DBE contractors as a percentage of all
available contractors in the Local Market Area.
Base Figure = DBE contractors / all contractors
Base Figure = (2/690) + (5/363) = 0.001 + .014 = .015
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Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
Methodology - Step 2
Step 2 is an adjustment to the base figure percentage from Step 1 so that the updated goal
accurately reflects the actual attainable DBE participation in FY 2008 airport contracts.
Past years DBE accomplishment results data for similar projects are examined and the median
percentage is averaged with the base figure to determine the adjusted percentage goal. Only
projects comprising like work are used for comparison. In this case, for the purpose of fair
analysis, only the design / engineering portion of the projects noted are compared. DBE Goal
Accomplishments for construction contracts are not used.
DBE Goal Accomplishments - Historical Information
Calculation of adjustment to DBE Base Figure
The calculation of the adjusted figure is determined by averaging the base figure and the
historical average for like projects.
Base Figure + Historical Avg. / 2 = Adjusted Figure
(1.5+0.00)/2=0.75
Year
Goal %
Accomplishment %
Project Type
2000
1.74
0
Access Road Construction
2001
.93
0
Taxiway / Runway Rehabilitation
2003
.73
0
Taxiway Construction
2004
1.18
0
Taxiway Construction
2005
1.0
0
Aircraft Apron
2006
1.31
0
Aircraft Apron
Median %
1.09
0
Calculation of adjustment to DBE Base Figure
The calculation of the adjusted figure is determined by averaging the base figure and the
historical average for like projects.
Base Figure + Historical Avg. / 2 = Adjusted Figure
(1.5+0.00)/2=0.75
Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
Other Factors
Disparity
Research was conducted to determine if any DBE / small business disparity studies for the region
were available. While no document specifically described as a disparity study could be located
for the region or state, the U.S. Department of Commerce / Minority Business Development
Agency has published a two-page document titled "The State of Minority Business in the State of
Arkansas", which offers some comparative analysis of minority percent of population vs. share of
business ownership and percent of sales.
In broad terms, the brief suggests that minority business ownership in the state remains
significantly less than proportional with population. There is no specific breakout of businesses
engaged in professional consulting services, design or engineering. However, it may be inferred
from the overall data that a similar discrepancy likely exists in that business sector. Interestingly,
Hispanic and American Indian & Alaska Native categories participate in business ownership as a
percentage of population of the category at a level greater than the national rate. Taken with the
dramatic increase in Hispanic population in the state over the last decade, this greater business
ownership rate may be indicative of the perceived opportunities Arkansas offers to Hispanic
minority emigrants, and of the permanence of their settlement.
Financial
Research was conducted to determine the number of, and the services provided by, DBE -owned
financial institutions in the state. A listing from the U.S. Federal Reserve of all minority-owned
banks in the U.S., sorted by state, indicates that there are no minority-owned banks in the State of
Arkansas.
Census Information
The latest U.S. Census Data for Hispanic population in the Northwest Arkansas Regional area
indicates an increase of 55% since the US Census in 2000. This is indicative of the continuing
influx of Hispanic emigrants to the area According to the 2002 US Census Survey of Business
Owners, there are only 143 Hispanic professional, scientific, & technical services firms in
Arkansas. Again, no breakout of firms engaged in Engineering or Real Estate is provided by the
data. The greatest percentages of all Hispanic -owned firms appear to be concentrated in the
service industries. However, it may be conjectured that the Hispanic -owned service industry
business base could be parlayed into better opportunities for higher education in succeeding
generations and thus establish the foundation for future growth in the professional sector.
None of the factors described above were determined to warrant an adjustment to the calculated
Goal percentage. The information does provide insight into the conditions of the local and
regional business environment for DBE's. If any conclusion can be drawn, it is that added
validation is given to the choice of Race -Conscious measures in order to promote DBE
participation in our AIP projects. No other factors regarding the local DBE environment could be
determined to be an influence on the adjusted DBE goal figure.
Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008. Update
Breakout of Estimated Race -Neutral and Race -Conscious Participation
In determining what percentage of the 2008 adjusted goal could be met through
race -neutral means, we again reviewed historical DBE accomplishments for Fayetteville / Drake
Field. FYV did not have any DBE participants in Professional Services contracts on any AIP
projects for the last six years. Therefore, we estimate that in meeting our overall 2008 adjusted
goal of 0.75%, we will obtain 0% from race -neutral participation and 0.75% from race -conscious
measures (e.g. setting contract goals).
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Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
Attachment #1 - List of Consulting Agencies
DBE OFFICER
ARKANSAS DEVELOPMENT FINANCE AUTHORITY
P.O. BOX 8023
LITTLE ROCK AR 72203
(501)682-5904
geagle@adfa.state.ar.us
www.state ar.us/adfa
ARKANSAS STATE HIGHWAY &
TRANSPORTATION DEPARTMENT
MR JAMES MOORE, DBE COODINATOR
PO BOX 2261
LITTLE ROCK AR 72203-2261
ins.moore@abtd.state.ar.us
ARKANSAS SBDC COLLEGE OF
BUSINESS ADMINISTRATION
100 SOUTH MAIN SUITE 401
LITTLE ROCK AR 72201
SMALL BUSINESS ADVANCEMENT NATIONAL CENTER
UNIVERSITY OF CENTRAL ARKANSAS
COLLEGE OF BUSINESS ADMINISTRATION
UCA BOX 5018201 DONAGHEY AVENUE
CONWAY AR 72035-0001
SMALL BUSINESS ASSOCIATION (SBA)
ARKANSAS DISTRICT OFFICE
CAROL J SILVERSTROM
2120 RIVERFRONT DRIVE SUITE 100
LITTLE ROCK AR 72202-1794
Fax: (501) 324-5199 or (501) 324-5491
carol.silverstrom@sba.gov
Patricia walker@sba.gov
www.sba.gov/ar/
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Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
ARKANSAS STATE CHAMBER OF COMMERCE
410 S CROSS
PO BOX 3645
LITTLE ROCK AR 72203-3645
VETERANS BUSINESS DEVELOPMENT OFFICE
ANDY LAMONICA
ARKANSAS DISTRICT OFFICE
2120 RIVER FRONT DRIVE ROOM 100
LITTLE ROCK AR 72202
ARKANSAS DEPARTMENT OF
ECONOMIC DEVELOPMENT
DBE OFFICER
ONE CAPITOL MALL
LITTLE ROCK AR 72201
FAYETTEVILLE CHAMBER OF COMMERCE
P.O BOX 4216
FAYETTEVILLE AR 72702-4216
FCC@arkansasUSA.com
AIRPORT MINORITY ADVISORY COUNCIL
SHIRLINGTON GATEWAY
2800 SHIRLINGTON RD. SUITE 940
ARLINGTON VA 22206
PHONE (703) 379-5701 FAX (703) 379-5703
MINORITY BUSINESS DEVELOPMENT AGENCY
MR. JOHN F. IGLEHART
DALLAS REGIONAL DIRECTOR
DALLAS NATIONAL ENTERPRISE CENTER
1100 COMMERCE STREET
ROOM 726
DALLAS, TX 75242
AMERICAN ASSOC OF AIRPORT EXECUTIVES
DBE OFFICER
601 MADISON STREET
ALEXANDRA VA 22314
703-824-0500 PHONE
703-820-1395 FAX
Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
AIRPORTS COUNCIL INTERNATIONAL -NORTH AMERICA
DBE OFFICER
1775 K STREET NW SUITE 500
WASHINGTON DC 20006
PHONE: 202 293-8500
FAX: 202 331-1362
HISPANIC WOMEN'S ORGANIZATION OF ARKANSAS
DBE OFFICER
PO BOX 6132
SPRINGDALE AR 72766
479-751-9494
hwoa@tcf.jonesnet.org
ARKANSAS WOMEN'S BUSINESS DEVELOPMENT CENTER
SOUTHERN FINANCIAL PARTNERS
605 MAIN STREET SUITE 203
ARKADELPHIA AR 71923
info@southemfinancialpartners.org
ARK MINORITY SUPPLIER DEVEL COUNCIL
ARMSDC/TEAM
300 SPRING BLDG SUITE 415
LITTLE ROCK, AR 72201
Tel (501) 374-7026 • Fax (501) 371-04
info@armsdc.org
DIV ERSITYBUSINES S.COM
200 PEQUOT AVENUE
SOUTHPORT, CT 06890
http://www.div2000.com/
Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
FEDERAL ACCESS WEBSITE
LAW OFFICES OF J. COBBLE DE GRAFT
WORLDGATE PLAZA
12801 WORLDGATE DRIVE SUITE 500
HERNDON VA 20170
703-726-0197
703-726-0198 FAX
http://www.fedaccess.com/
MINORITY BUSINESS ENTREPENEUR
3528 TORRANCE BLVD. SUITE 101
TORRANCE CA 90503
310-540-9398
310-792-8263
http://www.mbemag.com/
kbamett@mbemag.com
NORTHWEST ARKANSAS LULAC COUNCIL 754
POBOX 218
ROGERS AR 727157
TELEPHONE: 479-544-2769
contact@enwalulac754.org
SOUTHERN FINANCIAL PARTNERS
DBE OFFICER
605 MAIN ST SUITE 203
ARKADELPHIA AR 71923
info@southemfinancialpartners.org
www.southemfinancialpartners.org
ARKANSAS CAPITAL CORPORATON
DBE OFFICER
700 RESEARCH CENTER BLVD SUITE 1608
FAYETTEVILLE AR 72701
(800) 705-9295
(479)444-8881
Fax: (479) 444-8882
NORTHWEST ARKANSAS HISPANIC COUNCIL
PO BOX 833
SPRINGDALE •AR 72765-0833
•
Overall Goal and Methodology
Fayetteville Municipal Airport / Drake Field (FYV)
FY 2008 Update
Attachment #2 — Comments
Three comments were received as of 8/8/07
Dwight Stroud of Dwight Stroud & Associates LLC requested information about enrolling in the
City's DBE program. Mr. Stroud was referred to the Arkansas Unified DBE Certification
program and The City of Fayetteville's website for bid solicitations, RFPs, and RFQs.
Mary Parham of J. Kelly Referrals & Information Services requested information about the
City's DBE program. Ms. Parham was referred to the Arkansas Unified DBE Certification
program and The City of Fayetteville's website for bid solicitations, RFPs, and RFQs.
Jerry Johnson of Unisexx Consultants & Communications, LLC requested information about the
City's DBE program. Mr. Johnson was referred to the Arkansas Unified DBE Certification
program and The City of Fayetteville's website for bid solicitations, RFPs, and RFQs.
Any additional comments will be received until 8/31/2007 and submitted to the FAA.
L(9.6.07) Clarice Pearman - Res. 154-07
From:
To:
Date:
Subject:
Attachments:
Page 1
Clarice Pearman
Boudreaux, Ray
9.6.07 4:59 PM
Res. 154-07
154-07 DBE Program FY2008.pdf
CC: • Audit •
Ray:
Attached is a copy of the above resolution passed by City Council, September 4, 2007. Please let me know if there is anything else
needed for this item. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearmanc ci.favetteville.ar.us