Res 047-85 4/2/1985I
RESOLUTION NO. 2/L7(5
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 and females 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 Minority Business Enterprise Program
attached hereto, and
THAT the Mayor of the.City,bfWichita Falls be and is hereby authorized to execute for
and on behalf of the City of Wichita Falls said Policy Statement and any amendments thereto,
and
THAT the City Manager of the City of Wichita Falls or his designee shall be the Minority
Business Enterprise Liaison Officer for the City of Wichita Falls and shall have authority to
implement this policy.
PASSED AND APPROVED THIS the 2ndday of Apr i 1 1985.
I A Y O R
ATTEST:
i
City Clerk
CITY OF WICHITA FALLS
MINORITY BUSINESS ENTERPRISE POLICY
I. POLICY STATEMENT
It is the policy of the City of Wichita Falls to involve minority
businesses, specifically Small and Disadvantaged Businesses (DBEs) and
Women-Owned Business (WBEs) to the fullest extent feasible in all phases
of its procurement practices, and to provide them equal opportunities
to compete for contracts for construction, 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 Minority 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 dis-
advantaged individuals, and (b) whose management and daily business
operations are controlled by one or more of the socially and economi-
cally disadvantaged individuals who own it.
Small business concern" 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
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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.
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, regard-
less 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.
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Women-owned business" (WBE) means a small business concern which (a) is
at least 51 percent owned by one or more women, or in the case of any
publicly owned business, at least 51 percent of the stock of which is
owned by one or more women, and (b) whose management and daily business
operations are controlled by one or more of the women who own it.
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 and females equal to those
provided all other groups or individuals. Such contractors will also be
expected to take positive steps toward the utilization of DBEs and WBEs to
the maximum extent feasible, consistent with sound procurement principles
and applicable law.
The City will provide assistance, when requested, to DBEs and WBEs by
provtdi:ng instructions on the preparation of bid specifications,
compliance with procurement policy, and fulfillment 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 WBEs and between
majority and minority firms bidding for City contracts.
The City will seek and will use its best efforts to insure that DBEs and
WBEs are informed of current and future procurement activities through
newsletters, including minority newspapers, local minority chambers of
commerce, and other minority organizations as well as through direct
contact with minority entrepreneurs.
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As evidence of its intent to vigorously pursue the objective of this
Minority Business Enterprise Program, the City Manager has designated
the Assistant City Manager as the Minority 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 Minority Business Enterprise Program.
APPROVED AND ADOPTED this 2nd day of April 1985 by the
Wichita Falls City Council .
C
4i
City ttorney /
y,73-
Date
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