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HomeMy WebLinkAbout1983-09-20; City Council; 7501; Minority Business Enterprise SystemI ABA 7,5" O / MTG.. 9/20/83 DEFT. E N G f.! cIT'�F CARLSBAD.—.AGEN TITLE ADOPTION OF THE SAN DIEGO REGION MINORITY BUSINESS ENTERPRISE SYSTEM RECOMMENDED ACTION: DEPT. KUL CITY ATTYyFP CITY MQR., Adopt Resolution No-2 adopting the San Diego Region, Minority Business Enterprise Program for use on Federal Transportation Funded projects. ITEM EXPLANATION: Federal regulations require each local,government entity receiving Federal Transportation Funds to implement a Minority Business Enterprise Program (MBE). The City has included in its Capital Improvement Program a project for the reconstruction of Agua Hed,ionda Bridge and Carlsbad Boulevard widening to be funded by Federal Transportation Funds. The San Diego Region, Federal Aid'Urban Advisory Committee, of which the City of Carlsbad is a member, has established a Regional Minority Business Enterprise Program for use by all the local public agencies. The program is designed to ensure that minority business enterprises have the maximum opportunity to complete for and perform contracts involving Federal Transportation Funds. Basically the program requires the establishment of project,goals for minority and female business enterprises, local agency assistance to minority business in obtaining contracts, and monitoring of Contractor compliance with the MBE goals and contract requirements. The Federal Governement requires that each local government appoint a Liaison Officer to be responsible for the implementation of the Minority Business Enterprise Program. The City Engineer wil,l'be the Liaison Officer for the City, FISCAL IMPACT: Funding for the ,proposed Agua Hedionda Bridge Replacemennt and w Carlsbad Boulevard Widening Project will be from Federal Highway 5 Bridge Replacement and Rehabilitation (HBRR) Funds, Federal Aid to 01 Urban Highways (FAU), and participation by the City through the a Capital Improvement Program. Staff administrative costs to CL implement the program will be eligible for Federal reimbursement, City expenditures should, therefore, be of a minor nature. Z 0 EXHIBITS: JI. Copy of San Diego County Region Minority Business Program w = 2. Resolution No.adopting the San Diego Region, Minority o Business Enterpr se Program I Page 1 of 7 June 8, 1981 SAN DIEGO COUNTY REGION MINORITY BUSINESS PROGRAM I. Policy Statement It 'is the policy of local government in the San Diego region tg ytilize Minority Business Enterprises in all aspects of mtrocting tg th@ v_ximum extent feasible. This policy is fully described in the San Diego County region Minority Business Program which constitutes a regional government policy and a commitment to substantially increase Minority Business and Femille Business Utilization. This policy includes any program or facility funded wholly or in -part by any Federal agency which requires a Minority Ousjness Program. The local governments., their contractors and subcontractors, jflg-� are the recipients -of Federal -aid funds agree to ensure that minority business enterprises have the maximum opportunity to participate in the .performance of contracts and subcontracts. In this regard local govern- ment and all of its contractors and subcontractors will take all reason- able steps in accordance with 49CFR23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. - -; � 9 / ;6; z �1 Chairma , San Diego Regiori Federal Aid Urban Advisory Committee t 14- 4 r II. Minority Rusiness Enterprises (MBE) Liaison Officer Each local government will appoint an MBE Liaison Officer. This Officer will be -assigned such staff as is necessary to fully implement the provisions of( 49CFR Part 23 and such other MBE programs as may be required. The reporting structure, and duties of support staff shall be available upon r�zgyvat from local government. - III. Duties of the, MBE Liaison Officer The M8E Liaison Officer shall develop, manage and implement the MBE program on a day-to-day basis. The Liaison Officer shall: Develop and carry out technical assistance programs for MBE's. Arrange solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules so as to facilitate the parti- cipation of MBE's. Provide -assistance to MBE's in overcoming barriers such as inability to obtain bonding or financing. Carry out information and communication programs on contracting oppor- 'tunities in a-tiinely manner. Investigate the full extent of services offered by banks owned and controlled by minorities or women. Ensure that, where possible, local government utilizes said banks. Use Caltrans listing of Certified MBE's. Said listing to be made available to all bidders on local government projects. Accept Caltrans' evaluation and verification of the eligibility of all firms and joint ventures who either claim to be or others claim to be minority owned. Approve any removal and/or substitution of a Minority Business Enter- prise during contract performance. Prior to approval of substitution and/or removal of MBE, prime contractors will be required to prove performance of good faith efforts to replace the MBE with another eligible MBE. Develop such reporting systems as are necessary for local government to report on activities/ results of efforts in this program. Report quarterly if necessary progress and results of MBE program. Establish individual project goals for minority and female business enterprises. All projects with an estimated cost of $100,000 or more, shall be evaluated for the appropriateness of goals. Maintain such documentat',i as is necessary to verify local government performance of the above activities. IV. Establishment of Overall Regional Goal 1. The Region will establish an overall goal for its use of MBE's and 1 -3- WBE's. These goals will be updated annually as of September 30 of each year. 2.. The overall goal and rationale for the period October 1, 1980 through September 30, 1981 is attached herewith as Appendix A. V. Contract Coals -A11 projects with an estimated value of $100,000, or more, mpi vipg Federal Funds requiring an MBE Program will be evaluated for tjt' 4pgre- priateness of MBE goals. Projects will be evaluated, apd gpajs e#4b- lished, utilizing the following criteria: Size of project. Opportunities for MBE's as subcontractors, vendors, suppliers, Minority population of San Diego County . Existing MBE goals being utilized in the project area by other state, federal or local jurisdictions. Availability of MBE's. Past experience on projects similar to the project being evaluated. Such other factors as may effect the utilization of MBE's such as bonding capacity and gross annual income. Each project will be evaluated in conformance with the above criteria. Complete documentation will be retained of every project so evaluated. Contracts which do not contain specific goals will contain the following provisions: (4 "Policy. It is the policy of the region's local governments that hmminority 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 apply to this agreement. � (2) "MBE Obligation. (i) Th rec_i or its contractor agrees to ensure that nt ority basin 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 dontractors shall take all necess- aryland reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and perform- ance of DOT -assisted contracts." MBE use on projects without goals will be reported to the Laison Officer and will be included in local government reports. MBE use on such projects 7 .� • Vic. ?' > it will be counted toward attainment of the overall Regional goal. VI. Leasing -Goals In order to encourage MBE's to participate in the leasing opportunities with local government the followjng is proposed as part of the M8g priarr: 3 1. Advertise leasing oppnrtu/nities with iccal gpverr�irent is a t43@itY and minority media newspaper. i Z. Participate in communication programs to inform MBE's of local govern- # ment leasing opportunities and requirements. 3. The MBE leasing goal for the period October 1, 1980 through September 30,1981 is attached herewith as Appendix B. VII. Public Notification At the. time of submittal of this program to the applicable federal agency local government will publish a notice in both minority and -majority media throughout -the region. Said publication shall: Announce the overall Regional goals. Inform the public that the goals and a description of how they were 1 set, are available for public inspection for a period of 30 days. Infothe public that both applicable federal agency and local. government will accept comments on the goals for 45 days from the date of the notice. The notice shall advise interested parties that comments are for informational purposes only. In addition to the foregoing, interested minority and majority contractor organizations will receive direct mailings of this complete program with a request that they provide written comments to local government on this program. VIII. Contract Procedure - This plan shall be implemented through the utilization of a contract special provision which is attached herewith as Appendix C. These procedures require: Bidders to submit the names of MBE subcontractors and suppliers. A description of the work each is to perform or material to be ' furnished. The dollar value of each MBE subcontract. IX. Minority and Female Owned Banks Local Government will encourage all contractors to use the services of banks owned and controlled by minorities or females. This encouragement will be disseminated during pre -bid and pre -construction conferences (if scheduled) and the contract specifications. -5- ---,4 X. MBE Notification All assistance centers funded by the U. S. Department of Commerce Minority Business Development Administration) will receive complimentary plans and ; specifications for projects within their geographical area of responsibil- ity (San Diego County). , iXT. Selection Criteria for Contracts with MBE Goals. Every local government contract containing MBE goals shall be ey4lu4g4 by the MBE Liaison Officer or his/her designee to ascertain bidding cgntrac- tors' efforts to attain the MBE goals. The award of any project with MBE goals must be concurred with by the MBE Liaison Officer or his/her- designee -before said contract may be awarded. Should there be disagreement between local government's functional units concerning contractors' efforts to attain contract goals for MBE participation, the matter shall be referred to the local governments' City Engineer/ Public Works Director/pi rector of Engineering or his/her designee, for final determination. Competitors that fail to meet the MBE goals and fail to demonstrate suffi- cient reasonable efforts shall not be eligible to be awarded the contract. Any contracts that contain MBE goals, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The MBE Liaison Officer is to be immediately advised of any circumstances wherein contractor compliance with the MBE provision is questionable. The contractor shall submit a final report for each project with MBE goals which includes total payments to the prime contractor as } well as payments the prime contractor has made to MBE subcontractors, vendors end suppliers. If the report indicates the prime contractor has not achieved the project goals, project personnel shall attach an evalua- tion, in narrative form, of the reasons for failure to attain the goals and any corrective action that was taken. Prime contractors will be required to notify local government personnel of any situation in which regularly scheduled progress payments are not made to MBE subcontractors, vendors or suppliers. XI1. MBE Set Asides Local government at this time does not plan to use the "set asides" concept to encourage MBE's -to bid local government projects. XIII.Counting MBE -Participants Local government, its contractors, subcontractors and recipients shall count MBE partifi ation in accordance with the provisions of Section 23.47, Tit e 49 -of the Code of Federal Regulations. t XIV. Records and Reports The MBE Liaison Officer shall maintain such records, and provide such .reports as are necessary to ensure full compliance with this policy. Such records and reports shall include, as a minimum, the following information. Procedures which have been adopted to comply with this MBE policy. Awards to MBE's. r Awards to majority contractors. r ? Final project reports concerning MBE utilization. Such other data as is needed to fully evaluate local government i compliance with this program. The -MBE Liaison Officer shall submit, as required, rapgrtg tg Opy F@dafal agencies requesting same. Copies of reports to FHWA wi11 bg �ernt' 0 CAL: - TRANS. These reports will include: Number and dollar value of contracts awarded to MBE's. Description of general categories of contracts awarded to MBE's. The percentage of the dollar value of all contracts awarded during the quarter which were awarded to MBE's. •i Indication as to the -extent of which the percentage met or exceeded _the overall departmental goal. Reports shall be broken down separately by ethnic grouping and sex. 1 , Any contractors qualifying as Small Businesses will be reported separately. XV. MBE Directory ' The State of California, Department of Transportation (Caltrans), maintains a listing of firms certified to be Minority Businesses in accordance with the DOT Order. This listing is in accordance with Sections 23.51, 23.53, i 23.55, and 23.87,of 49 CFR. Local government will use CALTRANS' MBE listing in lieu of preparing the maintaining its own separate directory. Local government will also utilize CALTRANS' certification services for contractors and subcontractors who 1 desire to be counted as MBE's and are not currently included in the CAL - TRANS' certified directory. Local government contractors will be permitted to rely upon the authen- ticity of firms listed in this directory. A contractor desiring to use an MBE not included in the CALTRANS' certified listing will be allowed to do so, but will be required to provide the appropriate certification from the MBE before such participation is counted towards award of the project. XVI. Complaints Any complaints, received by local government concerning this program will be j investigated by local government. Local government will endeavor to resolve said complaints within 90 days of receipt by the MBE Liaison Officer. The appropriate Federal agency will be furnished a copy of the complaint and } invited to participate in 'the investigation/resolution. The Federal agency will receive a complete investigative report on the complaint and will be I requested to concur in the proposed disposition of said complaint. t Contractors and subrecipients will be directed to notify local government of any complaints they may receive concerning this program. , f t --C XVII. Federal Mandate This policy and its conte United States Department any or all of said regula competent jurisdiction, t extent be void, unenforce -7- 0 co ? w 10 •C� xr QJ wS. 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U 1- � C7 c 4. v >. tCt N U. c. r17 W q r a 0 0 ••- to •r- o •r Q CO •.- ca N N N M M r+Nrl•Ctllta^ ►-. H� `'- :.,�........-.....�.....�..+«..•-r,........�..r...,w..........a.,.noew.r..wr•arMrnc.•+..- I�n---«w.•.nnwR...cc>r+...+wr..,....,www..w.nw.:rv..,ewrarr.-&; III. Rationale 1. Establish a one year year goal, look at who is providing work, from • what location. At end of one year re-establish goal based on new MBE sub -contractors and updated figures. 2. Our goal for the long term will be based on the popul4tipn di§ F��y ace subtracting the prime contractors from the goal. 3. In establishing this year's goal, the followiq methgd has *9 9s0: (1) Only Federal O.O.T. revenue was considered for funding as the primary .purpose will be to establish federal D.O.T. project goals. If more prcgrams•are added (i.e. County projects) those revenues will be added. (2) No firm out of the County was considered as available. The trade off between firm coming into the County and firms leaving the County was assumed equal. (3) Only those types of work normally used in Federal D.O.T. projects were considered. Other firms will be considered if the MBE contractors are expanded to include other types of work. (4) The firms on the list -are all firms submitting interest in County contracts at this time. They come from CalTrans list which was sent to all state contractors. We will add for next year all interested firms. (5) When there was no bonding it was assumed some work could be done by the prime picking up the sub -contractor's bond. We assume only 25% of last year's gross in those cases. (6) Using all available MBE divided by total Federal O.O.T. funding the results come out 8%. (7) We should discount for: (a) M.B.E. successful as primes of federal Q.O.T. work..."t (b) M.B.E. as sub -contractors on work other than Federal D.O.T. work. (c) M.B.E. successful as primes on work other than Fed. D.O.T. work. (8) This program should account for approximately 50% of M.B.E. work. (9) The port district has submitted a M.B.E. program for 5.0 percent which has been successful. (10) Therefore, use 5.0 percent. (11) The breakdown of 4.9% MBEs and 0.1 04 WBEs is reflective of the region's MBE list which has approximately one women firm for every 50 minority firms. • - -1C III. Rationale (Cont.) i• IV. Goal The M.B.E. overall goal for the period October 1, 1980 through September 30, 1981 for the San Diego Region shall be 4.9 percent. F The W.B.E. overall goal for the period October 1, 1980 through SoUmbor 40, 1981 for the San Diego Region shall be 0.1 percent. } � M F I a • � 3 F i t, { ^ I i I i i i i 1 i' 11 i 1 ` i • l • � s F AP 1 } APPr'VDIY 3 SAN DIEGO RrGICN ' IMMORITY BUSINESS ENVTERs RISE GOAL FOR LEASES The overall_ goal for local government leases is 3 percent. This is based on the total income received by the pence Cage San Diego Unifie4 Pgrt District from Lindbergh Field tenants, other than airlines, and the income the parking concessionaire receives from the District for his services. The goal covers the period Depending of the actual from October 1, 1980 through Septmeber 30, 7981. percentage fiscal year, -the Region reserves of -ME participation in the the right to adjust the specified corning - necessary,to reflect actual above conditions. goal as � GOAL CALCULATION: 4 Calculation of the goal was Linderbergh Field tennats: based on monthly income received by the following = ; , f # Firm Name Service Provided , Document ! Expiration Date , .�i Air Support rAc. Air Freight Terminal 61-30/99 Allied Aviation Service Sky Cap 10/31/80 Atlantic Richfield Gas/Oil 11/30/80 Cabrillo Travel Service Ticket Delivery 5/31/81 Calif. First Bank ' Branch Office 9/30/61 Chervon USA, Inc. Aviation Fuel 1.1/30/80 Consolidated Leasing Car Rental 7/31/87 Jack Douglas, Car Rental 6/30/82 Jack W. Dawdle, Aircraft Tiedown 4/30/81 Grand Rent-A-Car Car Rental 7/31/87 Hart and Johnson •� Advertising Displa;• 7/31/87 ' Hertz Corporation Car Rental 7/31/87 Host International Food/Rest./Bars/Gifts •2/28/89 Jimsair Aviation* FBO 9/30/92 Evan B, Jones Parking Lots 1/31/81 Lee -Al, Inc. Car Rental 6/30/82 Lockheed Air Terminal Grnd. Serv./Fuel/Waste Disp. 9/30/95 S.D. Fed. Savings S Loan Branch Office 12/31/80 Shell Oil Co. Fuel 11/30/80 Teledyne Ryan Sky Chefs Food Dist. 3/31/89 Tele-Trip Co., Ihc: Air Travel Insurance 6/30/80 Texac^, Inc. Gas/Oil 11/30/80 *MBE r j E i - 17 { Ir -2- Trans Rent-A-Car Car Rental** 6/30/80 Ilacken Hut, Corp. Security 4/30/81 Ifesmar Contractor 5/31/81 "Replaced by Dollar Rent-A-Car on 7/1/80. Average total monthly income o 3730632 ME monthly income ■ 10,109 Existing percentage 10,109 973,85Y X 100 = 2.70% Appendix C SAN DIEGO COUNTY REGION SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS The work embraced herein shall be done in accordance with th? ypjicagje §td,R- dard Plans, except as modified in the following Special Proyisions. SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 General The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions", of the Standard Specifications for the require- ments and conditions which he must observe in the preparation of the proposal form and the submission of the bid. 2-al.02 Minority Business Enterprise This project is subject to Part 23, Title 49, Code of Federal Regulations en, - titled "Participation by Minority Business Enterprise in Department of Public Works Programs" Portions of the Regulations are set forth in Section 6-1.05, of these Special Provisions, and the Regulations in their entirety are incor- porated.herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations; particular attention is directed to the following matters: (a) A Minority Business Enterprise (MBE) must be a small business concern as defined pursuant to Section 3 of the U.S. Small Business Act; (b) An MBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies; (c) An MBE joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying require- ments for ownership and control. The MBE joint venturer must submit Schedule B of the Regulations; (d) An MBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the Work and must carry out its responsibility by actually performing, managing, and supervising the work; (e) Credit for an MBE vendor of materials or supplies is limited to 20 percent of the price unless the vendor manufactures or substantially alters the goods; (f) An MBE must be certified before credit may be allowed toward the MBE goal. The Department's MBE Directory identifies MBEs which have been certified and others which may qu,lify for certification. Tile MBE Directory may be obtained from 4-2 f/ (g) Noncompliance by the Contractor with the requirements of the regula- tions constitutes a breach of this contract and may result in termina- tion of the contract or other appropriate remedy for such breach. (h) Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women. 2-1.03 MBE Goals for this Project The has established a total Minority Boinpp s Enterprise MBE participation goal of percent for this project compq§ed of _ percent to percent MBE's owned and controlled by minorities and er pcent to percent owned and controlled by women. It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE subcontractors and suppliers,iso as to assure meeting the goal for MBE participation. SECTION 3. SUBMISSION OF MINORITY BUSINESS ENTERPRISE INFORMATION, AWARD, AND EXECUTION OF CONTRACT 3=1.01 General The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Sprcifications and these special provi- sions for the requirements and conditions concerning submittal of MBE informa- tion, award, and execution of contract. ' 3-1.O1A MBE Information The apparent successful bidder (low bidder) shall submit MBE information to the office at which bids were received no later than , unless a later time is authroized by the Other bidders need not submit MBE information unless requested to do so by the _ When such request is made, the MBE information of such bidder shall be submitted within 5 days, unless a later time is author- ized by the Department. The information shall include: (1) Names of MBEs to be used, with a complete description of work or supplies to be provided by each and the dollar value of each such MBE transaction; Note MBE subcontractors for signal and lighting items, if there are such items of work, must have been named in the bid - See section entitled "Subcontracting" of these special provisions) (2) A "Minority and Female Business Enterprise Questionnaire" (Schedule A) for each MBE not already certified; (3) Schedule B for each MBE joint venturer. Bidders whose submittal in (1) above indicates they will meet the stated MBE goal need not submit any further MBE information, unless the Department in its ' 020 4-3 r review finds that the goal has not been met, in which case additional informa- tion will be requested by the Department. The additional information may be requested to clarify claimed MBE participation, add MBE participation, or de- monstrate that a good faith effort was made to meet the MBE goal. Such infor- mation shall be submitted promptly upon request by the Department. It is the bidder°s responsibility to meet the goal of MBE participation op p provide information to establish food faith efforts to do so. Such info.rriidtion should include the following: (4) The names and dates of advertisement of each newsp4por, trade paper, and minority -focus paper in which a request for MBE participation for this project was placed by the bidder; (5) The names and dates of notices of all certified MBEs solicited by direct mail for this•project-, (6) The items .of•work for which the bidder requested subbids or materials to be supplied by MBEs; (7) The names of MBEs who submitted bids for any of the work indicated in (6) above which were not accepted, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. (If the reason was price, give the price bid by the rejected MBE and the price bid by the selected subcontractor or suppiers); (8) Assistance that the bidder has extended to MBEs identified in (7) above to remedy the deficiency in the MBEs subbids. (9) Any additional data to support a demonstration of good faith effort, such as contacts with MBE assistance agencies. 3-1.01B Award of Contract The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for MBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goal for MBE partici- pation or demonstrating,• to the satisfaction of the Department, good faith efforts to do so is a condition for being eligible for award of contract. 6-1.05 PtRTI CIPATi CV SY Mt N(Al TY SUSI `ESS WERPRI SES t N SUBOMIMACT1 W.-The foliowing ors excerpts from Parr 23, Title 49, Code of Federal Regulations C4entitled. "Part'icipatian By Minority Business Enterprise in Department of � Transportation Programs." any of tho b4WI Pwg$ rafpts l of AM00 (b) Hispania (a porsaft 9f %,ji}t;ll of portupulm Ruitil•'+f With gnii R i$ Mexico. South gF Eept�} ri�i, pr the t~aribbe.m hkaid r rp0A ill ai{ racg): (c) Agart Amman ($ pR.gaa hic! origins in any of the original peepes the Far East. Southeast Asia. the Indian subcontinent. or the PacWc Islands): a (d) American Indian and Alaskan Native (a person having origins i.•s any of the original peoples of . bola Amz:!m) (e) Membars of other groups, cr other Individual& found to be aconptaically and socially disadvantaged by the Small Business Adatinistration unde►sectior. 8(s) of the Small Business Act &4 amended (id U.S.C. 8;7(a))• "Minority business prit;rpfipe or "MBIf'• means a sm4 bwinesf Foncern• as defined pursunt to wtion 3 of the Small Business Art aqd 1=aJi nsndq regulations. which Is owned turd controlled by one at tam minorities of women. This definition applies only to financial assistance programs. For the purposes of this part. owned and controlled means a business: (a) Which is at Least 5I per centum owned by one or more minorities or women or. in the cane of a publicly owned business. at Iemst 52 per centum of the stock of whims Is owned by one or more minorities or women: anti (b) Whose management and daily business operations are controlled by one or more such individuals. "NBE coordinator" means the official designated by the head of the Department element to have overall responsibility for promotion of minority business enterprise in his/her Departmental element. "Noncompliance" meens the condition existing when a recipient or contractor has failed to implement the requirements of this part. , "Primary recipient" is a recipient who receives DOT -financial assistance and posses some ar Oil of this aasistaaca on to another recipient. "Program" means any undertaking by a recipient to use DOT financial assistan". and includes the entire activity any part of which receives DOT financial assistance. "Recipient" means any entity, public or private. to whom DOT financial assistance is extended. directly or through another recipient for say I1SSSSSSSI15111S =1 Purpose. (a) The purpose of this pact is to catty out the Department of Transportation's policy of oupportiag the Fullest possible participation of firms owned and controlled by minorities and women. (MBEs) in Deparraerti of Transportation programs. Tids includes assiahctg MBEs throughout the life of contracts in which they participate. S S S f 1 i•S 1 S 1 S S i S S i ¢ 21.2 AppflaioMtey. This ptirt applies to any DOT prngrnm through which funds are made available to members of the public for accomplishing DOT svirposes. Contracts and __bcontracts which are to be performed entirely outside the United States. its possessions. Puerto Rica and the North `fariana Isi--nd.% ate exempted from this part. f = Dettnitiona "Af i-native action" means taking specific steps to eliminate discrimination and its effects. to ensure nondiscriminatory results and practices in the future. and to involve minority business enterprises fully ire contracts and programs funded by the Department. ' Appli=nt" means one who submits on application. request. or plan to be approved by a Departmental official or by a prim.arf recipient as a condition to eligibility for DOT financial assistance: and "application" means such an application. request. or plan. "Compliance" means the condition existing when a recipient or runtractor has met and implemented the requirements of this part. "Contract" means a mutually binding legal relationship or any modification thereof obligating the seller to furnish supplies or services. including construction. Sind the buyer to pay for Lhem. For purposes of this part. a lease Is a contract. "Contractor" means one who participates. through a contract or con subtract. in any program covered by this part, and includes lessees. "Department" cr "DOT" means the Department of Transportation. including its operating elements. "DOT•assiated contract" means any contract or modification of a eant►act between a recipient and a contractor which is paid for in whole or lit part with DOT financial assistance or sisy contract or modifleation of a contract between a recipient and a lessee. "DOT financial assistance" means financial aid provided by the Department or the United States Railroad Association to a recipient. but does not include a direct contract. The financial aid may be provided directly in the form of actual money. or indirectly in the fora of guerantees authorized by statute as fuwacial assistance services of Federal,personael. Utla or other _interest in real or personal property transferred for less than fair market value. or any other arrangement through which the recipient benefits financially. including licenses for the construction or operation of a Deep Watpr Port. Departmental element" means the fullowin, parts of DOT: (ai The Office of the Seeret4ry (OSTJ; (b) The Federal Aviation Administration (FAA); (c) The United States Coast Guard (USCG); (d) The Federal Highway - Administration (F'rIWA): (e) The Federal Railroad Administration (FrZA): in The National Highway Traffic Safety Administration (NHTSA); (g) The Urban Mass Transportatioa Administration (UMTA); (h) The St. Lawrence Seaway Development corporation (SLSDC); and (i) The Research and Spetial Programs Administration (RSPA). ")oint venture' means an association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property. capital. efforts. skills. and knowledge. "Lessee" means a business or person that leases, or is negotiating to lease. property from a recipient or the Department on the recipient's or Department's facility for the purpose of operating a trans portation•related activity or for the provision of goods or services to the facility or to the public on the, facility. i "Minority- means a person who is a citizen or lawful permanent resident of the United States and who is: (a) Black (a person having origins in FR-b prow "Sec:et:ry" means the Secretary of transportation, or aay parson whom he/ she has designated to au for hits/her. "Set -aside'• means a lac'.tnique whir'.% limits consideration of bins or proposals to those subautted by &MEs. i =7 owa "Waco sr preHteptted. No person shall be excluded from participation in. denied the benefits of. or atf:envtse di,afzn,iaated agttiast In connecion with the &word and pedormaaxof any cctttract earered by this Pam on the pa ds of ram color. national origin. or sax ffII1Sif151151Sf r+qufrewmft for (a) Each recipient shall agues to abide by the stataasents in paragraphs (a) (1) slid (2) of this section. These► statements shall be included is the recipienfi DOT financial assistance agreement.and in all subsequent agreements between the recipient acid any subrecipient and in all subsequent Dar -assisted contracoa between recipients or subrecipients and any coatractaa (1) "Policy. It L- the polIC-1 of the Deparcaent of Transportation that minority business enterprises as defined in 49 tR Part 23 shall have the maxim= agpor maity to participate its the periarmance of contracts financed in whole or is part with Federal funds under this agreement. Consequently the MBE requirements of 49 QM Part 21 apply to this agreement. (2) MSS Obligation. (1)1he recipient or its contractor agrees to ensure that minority business enterprises as defined In 49 CM Pert 21 have the maxim= opportunity to participate in the performt ace of contracts and subcontracts financed in whole or in part with Federal funds provided under this agtement. in this regard ail recipients or contractors shall like all aeutssary and reiianable steps in accoidanea with 49e; eR Part 23 to ensure that tminoaty business enterprises have the maximum opportunity to compete far and perfo= contracts. Recipients and their contrac:ars shall not di3ciminate an the basis of mace. color. national origin. or sex in the award and peron-nanca of DCT•asaistad can'"mca.- f51111115SIIIiII / ,, C (c) The recipient shall advise each subreeipient. contractor. or subcontractor that !allure to carry out the requirements set forth In i M-49(l) shall constitute a breach of contract and. &flat the nod4ration of apt Department. msy result in teantinallug ,g( the sgeaemttst or c�ntrtset by rho recipient er such remedy as the regip.!%t deems approp ate. II1511111ff11fff f 2US Rsoetand IUSZ program 1 5 f I I f 1 5 1 5 1 1 1 1 1 1 ' (a) WZdirrrtory: (t) The recipient Shall bare mailable a diteetoey or source all to fadlitatse ideadfying WM with capabditles tslmat to soxwral contraetiag requirpsrsaats and to partic scar vAidladons. TU recipie st shall make the diredoty amiable to bidden and proposers is their stforts to meet the I'M requlremaats. It shall specify which fires the Department. recipient. or the Small Business Administration has determined to be eligible MBFs In eecordance with preceduren set forth in Mrs suhpart. (f) Proce rrl to ascertain the eligibility of MM and iaint ventures involving MBEs. (1) to ensure that its MBE program benefits only firris owned and controlled by minorities or womem the recipient shall certify the eligibility of MBEs and joint ventures Involving NMF.s that are named by the competitors In accortlance with this subpart. Recipients may. at their own disc.--tion. acr:pt certifications Wrack by other DOT recipients. (2) Recipients shall regrcm their prime cont:actore to make good faith efforts to replaces an WE subcontractor that is unable to perform su=n fully with another MBE— The recipient shall approve all substitutions of subcontractors before bid gpenir3 and dej-; contractper=otmat+ee. in order to ensure drat the substitute nir= at -- eligible MBEs. IIIISIISSSSS1551 f :2 t7 Con1t1hj %toetsantetoauen towed mvaUn9 MeE Qoata. MBE participation shall be counted toward meeting MBE goals set in acconianca with this subpart as follows: (Al Gnca a Firm Ss determined to be an eligible M 3S in accordance with this subpam the total dollar vaiva of the contract awarded to the MDE Is counted toward the appiicable IBE goals. FR-7 (b) The total dollarvalue of a cone to an ..MRE owned and controlled by boot rdlo ittly Aliil41 If14 flonifi9lPdfity f0R1Aj8313 F9NirEEfi 191ygce� !ltc gacia for iit.►1t41 gsi }rsli ;yastcp~. rgspecttvely. in Preporllei lg Iho p��c ffi go of OwnemNe an cr.Btra ct e�rch group in thg 8=jf!P9? p (gtal dolisr value of a 1TtFgcf'. t►}ownad anti ;ont{Oj(4d / rtasrm:rty tro:7an is taunted toward either the rairadrygoal or this goof fp; woman. but not to both. The cpntr4gt4j or recipient- employing the lira tf14y i*oase the goal to which the g9dt7agt yajue is applied,. (c) A m0pllnt or c."tractar may cpwzt tgW4rd its L&ME goals a pardba cif the lolal dotlgr value of a contract with a joint vienitife eligible under the stand&;¢S 9(1413 subpart equal to the perrpBt4gs of ownership and coalrp14 qt the MBE Partner in the joint Yeatur3. (d)(1) A rictpient or contracwr may c04at 14w4rd its'VME goals only exl2ndiluin to I CM that perform a commerdally ttaa(ttl function in the work of a contract. Aa MBE is considered to perform a corunereially useful function when it Is responsible for ezi;rtlion of a distinct element of the work of a contrac"i and iarrling out it ..• nsi respobilities by actually pedo-3. iz managing. and Supervising the work `` Involved. To determine whether an NSS Is performing a commercially uSaPal function, the recipient or contractor shall evaluate the amount of work subcontracted industrypracdcm and other relevant factors. (2) Consistent wits normal industry prAetiees. an MBE may.enter into subcontracts. if an MBE contractor subcontracts a significantly 3-.vster pardon of the work of the contract than would be expected on the basis of normal Industry practices. the MBE shalt be presumed not to be performing it co:nmerctaily useful•funcdnn. The MBE may present evidence to rebut !iris presumption to the recipient. The recipient's decision on the rebuttal of this presumption is subject to review by the Department. (e) A recipient or contractor tnsy count toward its NME goals expenditures for materials and suppilas obtained from.MBEsupplIers and manufacturers, provided that the MBA assume the actual and eontrpcmal responsibility for the provision of the materials and supplies. (1) The recipient or contractor may count its entire expenditure to an MBZ wanufac~srer(Le,a supplier that . ,�3 (I AfZ produess goods from raw materials fir substantially alters them before resale). (ZI 1. a rest;ieni may count M percent Of its expenditurrs to MBE suppliers that are not marufac:urers. provided that the =- supplierp.-rforns a coatatartially rueful function in the supply proms S 1 1 1 1 111 S S S I I I I I I ;225s Cardt7atfonafttfeaAgibWtyol minority tniaireeta as+seepetaee. (a) To enure that this pan benefits only MBEs which are owned and controlled is both form and substance by one or mots minorities or women. DOT:ecipients shall use Schedules A cad 8 (reproduced at the end of this Pant to certify ti.-us who with to pardeipate as SMEs in DOT under this part. (b) Except as provided In paragraph (c) of this section. each business. including the MBE partner in a joint venti:tt; wishing to partidpele as i':1ME under this part In a DOrasslated contract shall eamplate and submit Schedus A. Each entity wishing to participate as a joint venture MBE :fader this part Lz DOT -assisted caatmc s shall In addition complete and submit Schedule B. The sahedul*(s) shall be signed and nctati:rd by the autlic zed representative of the business entity. A business seeking ccrtlQcatlon as an Milli shell submit the nn ulrml sch'ttulne with Its bid or proposal for transmisslun to the ccntmcUng agent/ Involved. (c) Under the following ci=.=31ances. a business seeking to participate as an MB$ under this subpart need not submit schedule A or 0: (%I If a DOT recipient has established a different certification process that DOT has determined to bs as or more effective than the process pr-v:ded for by this section. Where such a process exists. potential .MBEarntrectors shall submit the informas:on required by the redpienCs process. (2) if the potential INME contractor states in wnting that it has submitted the same information to or was been certified by the 00 ► tedpiint involved. any DOT element. or another Federal agency twat uses essentially the some dZuuon and ownership and control citeria as DOT. The potential MBE. contractor shall obtain the infor e'don and carufication (if any) 'rim the other agency and submit It to the recipient or cause the other agency to subsist IL The recipient tray rely upon such a certification. Where another agent/ has collected :+for ration but nut made a deternrciation cancar..ing eligibility, the 1 DOT recipient shall :take its own determinnuon based an the information It bias obtained from the other agency. (3) It :he potential MBE contractor has btzn determined by the Small Business Administration to be owned sad controlled by socially and economically disadvantaged individuals uadar section 1(a) of the Sta911 Business ACC as amended. S =5.5 I El"My efststdsedst. , (a) The following standards shall be used by recipients in determining whether a rum is owned and contrulled by onb or more minorities or women is and +hall therefore be eligible to be cer'fled as ua IVME Businesses sUpieved by the datermination may appeal in accordance with procedures set forth in 123.= (1) Ban& ride minority group membership shall be established on the basis of the Individuals claim that he or she is a member of a minority group and Is so -regarded by that particular minority community. However. the recipient is not required to accept this claim if it determines the claict to be - invalid. (2) An eligible minority business enterprise under this part shall be an Independent business. The ownership and control by minorities or women shed be real, substantial. and continuing -and shall go beyond the pre jcrm . ownership of the Ci _- as m0eand to its ownership doaimaau. T..e'"rarity or women owners ahatl enjoy the customary taddents of owarrsWis and shall share in the rrlsa and pm!:ts commensurate with t ;err ownMbip interest.% as deasoasnatred by a exmaination of the subataaco rather than form of arrangeatents. Recognition of the bwiness as a separate entity for tax or co:porate purroaae is act neccuarily sufficient for recognition as sa MBE. In datarmiafng wheth►,e a potential MBE is an tadepe_-%&nt buatness. DOT recipients shell consider all relevant factom including the data the business wu established. the adequacy of its resourtxs for the work of the contract. and Lhe dai!ree to wirier financaL equipment leasia& and other telationabipa with aonminority lima vary kam industry practice. (a) The minanty or women owners shall also p038433 the power to direct or cause the direction of the management and policies of the !?-r and to cake the day -today as wed as major decsions on matters of Waaagement policy, and eperationa.'1 :•e fug shall not be subject to any formal or informal re3uic:!ona FR-8 which licit the customary discetioa of the minority or women owa,ers.' were shall be no restrictions through. far example. bylaw prov.aions. parmarship agreements. or charter requitemsau far cumulative voltug tivisto sr Otherwise that prtvaat thA a4apgW at women ownste„ wjthau� ga?(ttioa or vote Of nay gwpgf w.qo i; ny a Qr*arity or wetp°n. hpsn I%fljiiu usjneaa dacb aion pf the firm* (A) It tlsg owtlaia oj; 4,3 lira who ors not miitoritin•otworaill are disproportionately rea;ansible for the operation of the fim then the first is not controlled by minorities or women and shall not be considered aa.M3Z within. the meaning of this par- Where the actual managemscraf the fl.i* to eonnictad out to individuals other waa the owner. those perscas who have the ultimate power to him and fire the managers can. for the purposes of tfds pam be eonsidemd as coatrodicS the business. (5) All securities whist constitute ownership and/or control of a corporation for purposes of eatabIl3hiig It as an %M under this part s"ll be held directly by mincrilts or women. No securities held to t.-ust. or by any guardian for a minor. shall be considered as held by minority or women in determining tee Ownership or control of a corporation. (a) The cam:ibutioas of capital or expertise by the minority or women owners to acquire their Interests in the firs shall be real and substaatiaL Examples of tasuf-Rcient coatribudocx include a promisa to contribute capital. a rote payable to the firm orIt-.owre:s who ate not sodaUY and economically disadvantaged. or the mere parsfdpauon as an employee. rather than as a manager. (b) In addition to the above standards - DOT recipienta shall give special consideration to the following eir-=Vances is dstermiaiag eligibility under this part (1) Newly formed firms and Einar whose ownershio andinr canucl has changed since the date of the advertisement of the contract an closely scrtttti:ed to determine the reasons fcr the timing of the fotradom of or change in the (Imi. (2) A previous and/crcontin•dng employer -employee relationship between or among present owners is carefully reviewed to ensue that In employee -owner has management responsibilities and espabilices discussed in this section. (3) Any relationship between an :fWE e and a busiaesa whictu is not an ivoz which he&an interest In the M8E is carefully revitived to determine if I%@ interest of L!ti ncm-h HE conflicts with the ownership and control requirements of this section. (e) A joint venture is eligible ender this part if Lice MBE partner of the joint venture ;Heats the standards for an ellgtbie ht3E set forth above and the MBE partmler is responsible for a dearly defined portion of the work to be performed and sham in the ownership. control. rsanageateat respottsibilitIV16 risks. and profits of the joint venture, (d) A joint ventam is eligible to compete in an MBE set -aide under this part if the MBE partner of the joint venture tweets the standards of as eligible NNE set forth above sad the ..WE partners share im the owntrihip. control. and manatement responsibilities. risks. and profits of the joint venture is at least 31 pttrceat and the XM partner is responsible for a clearly defused portion of the work to be perfnrmed. (e) A bu3inw wishfrut to be certified as an MBE or joint venture NBE by a DOT recipient shall cooptmt3 with the recipient in supplying additional informadca which may be requoited in order to make a datermtrsstiaa. (i) once esrArled. art MME shall update its st;boiission annually by submitting a new Schedule A or .carolling that the Schedule A on file is Still accurate• At any time there 13 a change in ownership or control of the 11m. the NM shall submit a new schedule A. (S) Except as provided in section an the denial of a certification by the Depart --en t or a recipient ?hall be finaL for that contract and other contracts bein3 let by this recipient at the time of the denial of ctrtiflcation. MBE& and Joint ventures denied certification may correct deficitacies in their ownership and conrrat and apply for certification only for future contracra. (h) Redpienta shall safeguard from disclosure to ..:authorized persons lnfamistion that reasonably may be regar%!ed 43 confidential business Information. connivent with . edeml. stale and local law. 1111111111111111 jt �.sT YWthai pravtaioet ol4toorrset Intattmstmort. Jr. at any time. the Department or a recipient has reason to believi that nay persoa or (Ira has willfully and knowiagiy provided lar_:trect 4-30.40 �o laformaition or marl.? false statements?. it shall safer the matter to the Ga,neral Counsel of the Depar=4,,L Ha/sha may Initiate debarment proruluume in accordance with 41 C R 1-1404 end % .+ 1.002 and/or role? tun atatim to the Department of jwlice;Mdor is (JAC, loot. as he/she doansa appropriate. Scbo" A-Waeas late for Datetmiaiai Woolky evedttaM &Wpd" ail;:b8itr L floors oLl1rn i Addtsso of firm 4. L*dlaate wiatbor rime Is sale ,ztopr:ator- ship. partatrVitlp. (oust venttstrs. Corfrotettcn tie orber bstebtew etmmity (piesN s9eesfTJ --�- fi.:fetmereof Ldntt's b4mete •-�•�••� e Yeas Rent has bent ie tiveisoss -•..-+ e. 10--m-S-1±r of Am identify that* who owe 3 Wonsan or mom of the f rWo vwtlowbq►Wt—_ :: a wisi i novel brltiled east eniy iftbe flea is tan thurttlo posseet minority awtsed. twee mw s. New awahr pra�rr "No see With Arms lose than 1oa peteont minority . awned. list the aoaambutiore of mangy. equipment. reel estate. or apertlso of each of the. Coned of Gras (a) Idendyy br%mes► face six. and title IQ des firm tho.e Individual. (tacludlntj owners and an. owner+) who era re+ooneibla foedaytodgr eunatemsat and poUCI decsioesukir4 lncludtns• but not limited to thaw with ponces msponabillty far. (1) Financial ott»tlons (a.211 M4044cment dectsions. mats' so-� rimn b. Markiiiiaa and selae e lfinn+t and Rrutg of msoaavaent parson• eel d. Fet:rlaata,of senior iutas car pup?Uet--� (3) SupwMelon of field operations 9. For each of hose Usted to go"con iL provide a bnyf tummay of the Vw"o's expar;enea and number of yoon wtsb the Arta. Indicatt" t5.a persoa'a goaiiii aaoas far We MooettbtUdeo givam !eta or het. 10• Describe at attsclh a copy of any store options or other owntrtbip Otittons that ire autstsndin;, sad any apvtmants between owners or ben.een ovmers and thud parties whin restrict ownership orcontroi of minority owners. 11. Identfy am owner (tn Item 71 or ctansfement oincal (star iota a) of the auatd Arm woo is or ban b.ee as amplor" of another Arta that has as owneahm Intete.e to or a prestot btutaesa rsiaco+uhip 'with the named Ad= F twat buucasa relationships iadado abartd space• equipment. Aaancive or eamplaren as well u both mirma hsvmnl so -no of we same owners. 12.'Shot are the pints receipts of t4e fist for each of We last two years? FIR —9 h ,r sgar rndiaq Year tzchq S iL j+rseia � l+�rllili ptli�NH►t li NtiN �:. . 1{, � you �ptfi_ae)zr q ' btui,:ate is 01 tti~lp4�i�t?uhi� '..•pctttdLm4aii other ;!=s with tuUM0oa a i dascrible the nsoo of the _hats of such AMAt* �9 ua¢Oai�ad awtees flat this fat~= statM__" W ter sad correct sad include all met. 21!aicir�ysttot e+!r�aaey a 1d.aaly and ;hperaeloas of (ass e of aria) u ,}�iha oweasaip:.�-_�C )<unhu. the tutdaWpoelsore" is provide thrown theariay+mnttsetsr or. I'sa :nee ttirtcty A tbs.4tse atrrrm co=;Uis sad .;,curate lydgrmail9R r evar3l.4 a=al watt perforated oa oft.9 pro(am the paymwu thenfor and any proposed e:aaitss. if any. cf rho for"cifif artwn"meats and to permit the audit and exambseacit of bewha records and Riot of the named firm Aar aatwfal +nistrpeeseetatloD will balm a foe to minstin>j say contract wbichmay be swateAd and for laitlatisy action under Federal or Staw Lair's eonv rntng-Was , suttmenw* Notes 4. after fiilnet this SeWele A and before the work of this firm is complated on the contract covered by We rertttsdan, Ware Is any O1g1ul1cant cbattgrt in the W*rm-••ition submitted. you rant inform the srenteo of the change L1rauSh the pniao eantntnor or. L'so prime contnctot. Inform the }rsntse d!mtctly. Sltnattsra Name Title Date Corporsto Seol (whore apptvprttt*J Date State of Cattnty of Ott this -day is- before roe appeared Nama) -% to =. p" naily knowtu wbo. beta4 duly ?worm &d execute the faremm slMdavit. sad did slut that be or she war property outhar..sel by (; txme of i =1- -- to execato the af^•davit and did so as his or her free Oct and deed. (Setlj !votary pAlle t~racmtsnon expue. 5e.4vdule Q-tafoamsadoo for Detrts iaias Jont Yaattae EfyohWty M..1s forts need not be UUed 4n if all )otat venture Mans are minority owned.) !.;Jame of joint ventwa••••----.�-� '. Aeons of joint venntrtr---•-..- -. 3. Phone atmoae Wow vmt%-t�-•.•-•.--. 4. identify the Rx a witch, cemanse rho Joint venture. tihe MM paitasr =art cr c plate Schedule 1.1 - (s) Oes=be &he role Of the SGZ Am is the ^ Nos» o� l MA Nwa at Mrs jo€nttieamn. - -- xa,r, 3laasrura (b) 4escibe very bristly the experience besinas "Cone Of each aaa-M" Nana Name TUU sad gaal€f (vial ventm•.r. — ----- -•—" �••••��••• Title ate a.ro• S..Yature of the jatnt veatnrs's buaioees •» Data Stato =toy of a Provide a copy at the iow veseses On this -• day of - 15" before ins appeared112 me e Wbit Isthe a eirued Pe+ti= of who. bai vl duly swam did exec -its ownership? L Qwnship Of joint watorst fntis need not the for"aing aMdavit. and did stars that he or she was pmpet#y authorized by (Name of be tilled In if descsbed is the to'uu "snout to execute the affidavit and Amen tot. provided by -,until= 6.) did suit his or Ms I:ee act and deed. (al P:•ofit and loss sharut;. (b) GpiW Notary Pablie - expires - "U19 lot. (CI Cthtr appii-k Owtranhio iutatssu. ('evj -- L Gaeoi of and partiripsdoa in this Identify by name. race. sax. and pate ^'r State of - =tract. 'ffw those tntlividusis (and theft titles) who Guar. of on—day of----.19• •. before me are retpcnaible for day.laday raensgentent and *cy dsdsiortr1ak4u4• laciud.n;, but not .%is appeared (Nance) to me personally known. who. hair; duly awora. did execute those.with;.ame reapone limited to. ibility fart al �� lto.as the forgoing aMdavtt. sad did state that he f (b) Ntaaa4estent deealose. such, a�,�,� proerty Mstlor e w--'--po execute s affidavit and, (1) stim.uaq titsritadn; and sal.a did so as big or her ere act and dead. g1 ) .yirt,; and first; of msmagernent person, Notuy Nblic - ae) (41 Ptuchstirn of u+aior €t-me ce 3uppll.s •-� Graauaioa etcpir:s - (Se.IJ (ct Supervision of held wersttans Note, --a after Olin; this Schedule a and before the completion of the joint ventura's work an the contract covered by this rejulatiom this is any slgtu.flunt Change In the infamation submItWL the joint venous must Ittfom the staote% tither directly or throuSh the priest Gntr'lctor if the Ioiat ' venturs#s a sabconasctor. Affidavit ;asundani aad swesrthat the forgoing statements are correct sad include sit mstertal informadait.amssary to identify and explain the terms and operation of our joint veaturt end the iatenderd pauudpstian by ors IOW veotetnt In the undettskuttf . 'Farther. the uadetsisoad cavenent and ante to provide to Ihs fraates currtnR Compiate and aoenrale inlomation rt•Jardial eetual ;pint vtmrttre worst and the payment Lh9refor and say proposed chAq's in any of the joint venture errsgemimmu end to permit the sud#t and examiaaaon at the boosts. MCords end alai of the joist vents.-►. or Lhasa Of each Joist venttuer teltveat to the (o►nt';entue. by authonxad ttpraentadva of the cmntte or the . edend tuadfai &MC;r. Any msratsl miutpre senlanon w111 be 3rounds for tsrtriasdai any contract whiea say be awarded and for ioivada; sctlan under Federal of State laws coocsrnuta false platens""* 4-30-40 FR-10 1 2 4 5 6� 7I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7352 A RESOLUTION OF THE CITY OF CARLSBAD ADOPTING THE SAN DIEGO REGION MINORITY BUSINESS ENTERPRISE PROGRAM. WHEREAS, the Federal Department of Transportation, under the Code of Federal Ragulations, Title 49, Part 23, requires each local government entity receiving Federal Transportation Funds to implement a Minority Business Enterprise Program; and WHEREAS, the Minority Business Enterprise Program must be included in any local government contracts which are wholly or partially funded with Federal Transportation Funds and require the inclusion of Minority Busincss Enterprise Program provisions in the contract; and WHEREAS, the San Diego Region, Federal Aid Urban Advisory Committee has developed a Regional Minority Business Enterprise Program for use by all the regions' sixteen cities, two transit districts, the Port District, and the County; and WHEREAS, the San Diego Region, Federal Aid Urban Advisory committee is composed of representatives from all sixteen cities, the two transit districts, and the County who jointly have developed this Regional Minority Business Enterprise Program so that the region's Cities, Transit Dstricts, Port District and County may avoid the log delay, considerable expense and ,unnecessary duplication of effort required to develop individual local government Minority Business Enterprise Programs; and WHEREAS, The San Die.go Region, Minority Business Enterprise 1 Program was approved by the Federal Department of Transportation 2 on July 1, 1981; and 3 WHEREAS, by approving this resolution, the City of Carlsbad 4 desires to use the current Federally approved San Diego Region, 5 Minority Business Enterprise Program for use on any Federal 6 Transportation Funded contracts that may require a Minority 7 Business Enterprise Program. 8 NOW, THEREFORE, BE IT RESOLVED AND ADOPTED that the City 9 Council of the City of Carlsbad does hereby instruct the San Diego 10 Region, Federal Aid Urban Advisory Committee to include Carlsbad 11, in its regional response to the Federal Department of 12' Transportation as to local government entities within this region, 13 who desire to use the San Diego Region, Minority Business 14 Enterprise Program and Goals on its Federal Transportation Funded 15 contracts which require a Minority Business Enterprise Program and l6_ Goal. 17 BE IT FURTHER RESOLVED AND ADOPTED that the City Engineer be 18 designated as the City of Carlsbad's Minority Business Enterprise 19 Liason in accordance with the Code of Federal Regulations, Title 20 49, Part 23. 21 BE IT FURTHER RESOLVED AND ADOPTED that the City of Carlsbad 22 commends the San Diego Region, Federal Aid Urban Advisory 23 24 2 26 27 28 Committee for developing a single, uniform Minority Business Enterprise Program for use by all local government entities with the San Diego Region. 1 2 3 4 5 6 -7 r 9 , 10 •_• 11 } 12 13 14 15 16 17 18 19 20 21 22 a 23 24 25 i 26 + 27 28 PASSEED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 20th day of September , 1983, by the following vote, to wit: AYES: Council Manbers Casler, Lewis, Chick and Prescott NOES: None ABSENT: Council Member Kul -chin C/ASLER, Mayor ATTEST: HARAUTE�KA�,C4yC e ( S E-A L )