Res 141-89 9/6/1989RESOLUTION NO. /!1/—d /
RESOLUTION ESTABLISHING THE CITY OF WICHITA FALLS'
PROCUREMENT POLICIES FOR PUBLIC TRANSPORTATION
WHEN UTILIZING U.S. DEPARTMENT OF TRANSPORTATION
FUNDS.
WHEREAS, the City Council of the City of Wichita Falls deems it to be in the public
interest that small business concerns owned and controlled by socially and economically dis-
advantaged individuals and by women be utilized to the maximum extent feasible in the
City's contracts for construction, professional services, purchases of equipment and supplies
and all other services required by the City, for Department of Transportation assisted pro-
jects, pursuant to 49 CFR Part 23 as amended, and;
WHEREAS, the City Council of the City of Wichita Falls deems it to be in the public
interest for contractors providing services, materials or supplies to the City of Wichita Falls
to provide employment and subcontracting opportunities to minorities to the maximum
extent feasible,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS.
THAT, the City Council of the City of Wichita Falls hereby adopts as its policy the
Policy Statement, found upon pages 1 through 4 of the Disadvantaged Business Enterprise
Program attached hereto, and;
THATthe Mayor ofthe City of Wichita Falls or his designee shall be the Disadvantaged
Business Enterprise Liaison Officer for the City of Wichita Falls and shall have authority to
implement this policy.
PASSED AND APPROVED THIS the tday of 1989.
ATTEST:
City Clerk
I.
CITY OF WICHITA FALLS
DISADVANTAGED BUSINESS ENTERPRISE POLICY
I. POLICY STATEMENT
It is the policy of the City of Wichita Falls to involve Disadvantaged Businesses
DBEs) to the fullest extent feasible in all phases of its procurement practices,
and to provide them equal opportunities to compete for contracts for construc-
tion, provision of professional services, purchases of equipment and supplies, and
provision of other services required by the City, pursuant to 49 CFR Part 23 as
amended.
To attain these policy objectives, the City of Wichita Falls had adopted this Policy
Statement and the attached Disadvantaged Business Enterprise Program for all
U. S. Department of Transportation assisted contracts.
For purposes of this policy: "small and disadvantaged business" (DBE) means a
small business concern which (a) 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 (b) whose management and daily
business operations are controlled by one or more of the socially and economically
disadvantaged individuals who own it.
Small business conern" means a small business as defined pursuant to Section 3
of the Small Business Act and relevant regulations promulgated pursuant thereto.
Socially and economically disadvantaged individuals" means those individuals who
are citizens of the United States (or lawfully admitted permanent residents) who
are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific
Americans, or Asian-Indian Americans and any other minorities or individuals
found to be disadvantaged by the Small Business Administration pursuant to Section
8(a) of the Small Business Act.
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The City shall make a rebuttable presumption that individuals in the following groups
are socially and economically disadvantaged. The City also may determine, on a case-by-case
basis, that individuals who are not a member of one of the following groups are socially
and economically disadvantaged.
a) "Black Americans" which includes persons having origins in any of the Black
racial groups of Africa.
b) "Hispanic Americans" which includes persons of Mexican, Puerto Rican, Central or
South America, or other Spanish culture or origin, regardless of race.
c) "Native Americans" which includes persons who are American Indians, Eskimos,
Aleuts, or Native Hawaiians.
d) "Asian-Pacific Americans" which includes persons whose origins are from Japan,
China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam,
the U. S Trust Territories of the Pacific, and the Northern Marianas.
e) "Asian-Indian Americans" which includes persons whose origins are from India,
Pakistan, and Bangladesh.
f) "Women" regardless of race, ethnicity, or origin.
g) "Other" individuals found to be socially and economically disadvantaged by the
Small Business Administration (SBA) pursuant to Section 8(a) of the Small Business
Act.
To the extent legally practicable, the City of Wichita Falls will insure that all contractors
providing services, materials or supplies to the City provide employment opportunities
to minorities equal to those provided all other groups or individuals. Such contractors
will also be expected to take positive steps toward the utilization of DBEs to the max-
imum extent feasible, consistent with sound procurement principles and applicable law.
The City will provide assistance, when requested, to DBEs by providing instructions on
the preparation of bid specifications, compliance with procurement policy, and ful-
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fillment of general bid requirements. In addition, the City will provide information on
job performance requirements, procurement opportunities and prerequisites for bidding
on contracts.
The City will encourage joint ventures among DBEs and between majority and minority
firms bidding for City contracts.
The City will seek and will use its best efforts to incure that DBEs are informed of cur-
rent and future procurement activities through newsletters, including minority news-
papers, local minority chambers of commerce, and other minority organizations as well
as through direct contact with minority entrepreneurs.
As evidence of its intent to vigorously pursue the objective of this Disadvantaged Business
Enterprise Program, the City Manager has designated the Assistant City Manager as the
Disadvantaged Business Enterprise Liaison Officer for Department of Transportation
related projects, who will be assisted by the City of Wichita Falls' Human Relations
Commission, Transit Department, and Purchasing Department in administering, and
implementing the City's Disadvantaged Business Enterprise Program.
APPROVED AND ADOPTED THIS the i.lkday of .1.
dr 1, c,z,, 1, 1989 by the
Wichita Falls City Council.
M A Y O R
Date
City Attorney
3-Date