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HomeMy WebLinkAboutMinutes Human Relations Commission - 07/03/2008 Corpus Christi Human Relations Commission Summary of Minutes for July 3, 2008 1. CALL MEETING TO ORDER Chairman Ramiro Gamboa, called the meeting to order at 5:00 p.m. with a quorum of 6. ROLL CALL Present Commissioners: Ramiro Gamboa Errol Summerlin Abel Alonzo (CFPWD) Marta Del Angel Patricia Mattocks _ Margie Myers Richard Pulido Rene Saenz Johnny Meisner (Youth) Lauren McAdams (Youth) • Staff/ Legal: Leon.Bazar(HRel) Patsy Garcia (HReI) Joseph Harney for Yvette Aguilar (Legal) Absent Commissioners: Robert Adler Pastor Derrick Reaves Lucy Reta Jared Cummings (Youth) MOTION REQUESTS FOR EXCUSED ABSENCES Motion to excuse Robert Adler, Pastor Derrick Reaves and Lucy Reta for the July 3, 2008 meeting made by Errol Summerlin and seconded by Rene Saenz. Motion •passed. MOTION 2. APPROVAL OF MINUTES Motion to approve the June 5, 2008 meeting minutes made by Errol Summerlin and seconded by Marta Del Angel. Motion passed. 3. PUBLIC COMMENTS (LIMITED TO 3 MINUTES) Chairman, Mr. Gamboa called for Public Comments. There were none. 4. PRESENTATIONS A. Governor's Committee on Fair Housing — Bob Jones Mr. Bob Jones did not attend the meeting. No Presentation. 5. CHAIRPERSON'S REPORT Mr. Gamboa appointed the following Commissioners to a CCHRC Nominating Committee: Abel Alonzo, Richard Pulido, Rene Saenz and Johnny Meisner. The Nominating Committee meeting will be held on Monday, July 7, 2008 at 11:00 am. The Commissioners will review and recommend two new Commissioners and three new Youth Commissioners. SCANNED Page 1of3 } [Lauren McAdams arrived at 5:05 p.m.] 6. SUBCOMMITTEE REPORTS A. Housing Subcommittee Governor's Committee on Fair Housing - Bob Jones Presentation Mr. Bob Jones did not attend the meeting. No Presentation. B. Committee for Persons with Disabilities (CFPWD) CFPWD Chairperson, Abel Alonzo, reported the following: • The CFPWD met on July 2, 2008 • The following presentations were held: EOC Emergency Preparedness Update — Randy Sijansky, Fire Department ADA Parking Violations Update—Trisha Dang, Municipal Court Department • Chairperson Alonzo asked for the Committee's support so he can speak at the next Council Meeting to express concerns regarding the reduced funding in the Human Relations Department. C. Education Subcommittee 1. Proposed Scholarship Resolution for Review and Approval MOTION Motion to approve the adoption of the Four Year Scholarship Program Resolution as written made by Errol Summerlin and seconded by Rene Saenz. Motion passed. Mr. Gamboa, Rene Saenz and Richard Pulido agreed to meet with City Manager Skip Noe regarding the Resolution. D. DISPARITY SUBCOMMITTEE 1. Proposed Good Faith Effort Document for Review and Approval Review and approval of the Good Faith Effort Plan was deferred until the August 7, ,2008 Commission meeting. Errol Summerlin asked the Commissioners to review the Good Faith Effort Plan document. A Good Faith Effort Plan presentation is scheduled for the August 7, 2008. [Patricia Mattocks arrived at 5:23 p.m.] 7. HUMAN RELATIONS ADMINISTRATOR'S REPORT Leon Bazar provided the Commission with a copy of the Human Relations Department Case Closures / Activities Summary for Month of June 2008 and provided a brief overview of the following: • EEOC Contract Year Closures: 10, YTD 68.0% • Total Intake Goal Referred to EEOC: 8, YTD 51.1% • HUD Complaint Resolution: 6, YTD 110% • EEOC Charge Write-Ups completed/sent to SAFO in 8 days or less: 14, YTD 97.4% • EEOC Charges Closed within 180 days: 5, YTD 55.5% • HUD Fair Housing Complaints: 0, YTD 42.4% • Number of training sessions and community meetings: 3 Page 2 of 3 • ADA Citizen Accessibility complaints continue to increase: 13, YTD 86 • Mr. Bazar encouraged the Commissioners to attend the July 8, 2008 Council Meeting. Commissioners who want to express concerns regarding the reduced funding in the Human Relations Department may do so during Public Comment at 12:00 noon. • Annual LULAC Scholarship Banquet will be held on July 24, 2008. Mr. Bazar has a few tickets available for the event. He asked if anyone was interested in attending, to please meet with him after the meeting or by calling or e-mailing him as soon as possible. Tickets will be distributed on a first come, first serve basis. • Mr. Bazar provided the Commission members with copies of a The New York Times/June 26, 2008 article entitled "House Votes to Expand Civil Rights for Disabled." (A copy is attached to the back of the minutes.) • Mr. Bazar informed the Commissioners of the City of Corpus Christi's 4th of July Annual Big Bang Celebration (Schedule of Events). 8. COMMISSION AGENDA ITEM REQUESTS • Summary of Good Faith Effort Plan Presentation [Abel Alonzo left at 5:55 p.m.] [Margie Myers left at 6:02 p.m.] [Richard Pulido asked the status of Dr. Gloria Scott's Race Relation Study request. Mr. Gamboa and Mr. Bazar plan to meet with Dr. Scott and Dr. Benibo in the near future. Errol Summerlin suggested the Commission develop a Race Relation Subcommittee. Mr. Summerlin, Richard Pulido and Rene Saenz agreed to serve on the Race Relation Subcommittee.] • MOTION 9. ADJOURNMENT Motion to adjourn made by Richard Pulido and seconded by Rene Saenz. Motion passed. The meeting adjourned at approximately 6:15 pm. • Page 3 of 3 The New York Times June 26,2008 House Votes to Expand Civil Rights for Disabled By ROBERT PEAR WASHINGTON-The House passed a major civil rights bill on Wednesday that would expand protections for people with disabilities and overturn several Supreme Court decisions issued in the last decade. The bill,approved 402 to 17,would make it easier for workers to prove discrimination.It would explicitly relax some stringent standards set by the court and says that disability is to be "construed broadly," to cover more physical and mental impairments. Supporters of the proposal said it would restore the broad protections that Congress meant to establish when it passed the Americans With Disabilities Act that President George Bush signed in 1990. Lawmakers said Wednesday that people with epilepsy,diabetes,cancer,cerebral palsy,multiple sclerosis and other ailments had been improperly denied protection because their conditions could be controlled by medication or were in remission.In a Texas case,for example,a federal judge said a worker with epilepsy could not be considered disabled because he was taking medications that reduced the frequency of seizures. In deciding whether a person is disabled,the bill says,courts should generally not consider the effects of"mitigating measures" like prescription drugs,hearing aids and artificial limbs. Moreover,it adds, "an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active." The chief sponsor of the bill,the House Democratic leader,Representative Steny H.Hoyer of Maryland,said the situation was now bizarre. "An individual maybe considered too disabled by an employer to get a job,but not disabled enough by the courts to be protected by the A.D.A.from discrimination," Mr.Hoyer said. The chief Republican sponsor,Representative F.James Sensenbrenner Jr.of Wisconsin,said the Supreme Court had "chipped away at the protections" of the 1990 law,leaving millions of Americans with no recourse or remedy for discrimination. His wife,Cheryl Sensenbrenner,has testified in support of the bill as chairwoman of the American Association of People With Disabilities,an advocacy group.Mrs.Sensenbrenner suffered a spinal cord injury in 1972,when she was 22,and sometimes uses a wheelchair.In addition,she noted in an interview,she has a sister with Down syndrome. Supporters of the bill immediately shifted their attention to the Senate,which is expected to pass a similar bipartisan measure.Senator Tom Harkin,the Iowa Democrat leading the effort,predicted that the Senate would act"in the near future." The White House said that although President Bush "supports the overall intent" of the House bill, he was concerned that it"could unduly expand" coverage and significantly increase litigation. The House bill reflects a deal worked out in months of negotiations by business groups and advocates for the disabled.The United States Chamber of Commerce and the National Association of Manufacturers helped shape the bill and endorsed it as a balanced compromise. Representative Jerrold Nadler,Democrat of New York,called the Supreme Court reading of the 1990 law"cramped and misguided."Remedial legislation is needed now more than ever,Mr. Nadler said,because "thousands of men and women in uniform are returning from Iraq and Afghanistan with serious injuries,including the loss of limbs and head trauma." The House Republican whip,Representative Roy Blunt of Missouri,said the bill "puts people to work,creates opportunity and makes America a more productive country" by unlocking new pools of talent. The 1990 law said "individuals with disabilities are a discrete and insular minority." The bill passed Wednesday deletes that phrase,which the Supreme Court has cited as a reason for limiting the definition of disability. The law generally prohibits an employer from discriminating against a qualified individual who has,or is perceived as having,a disability,defined as a physical or mental impairment that "substantially limits" one or more major life activities. The Supreme Court said in 2002 that "these terms need to be interpreted strictly to create a demanding standard for qualifying as disabled." To meet this test,the court said,a person has to have"an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives." Under the bill passed on Wednesday,Congress would establish a less stringent standard,saying an impairment qualifies as a disability if it"materially restricts" a major life activity like seeing, hearing,eating,walking,reading or thinking. Births for the State of Texas Page 1 of 1 IBirths for the State of Texas Year: 2004 Race White ., Black I Hispanic Other All Races Outcomes Number Percent Numbed Percent Number Percent Number Percent Number Percent Premature 16,4401 12.0 7,127 - 16.9 23,434 12.5 1,531 10.3 48,532 12.7 . All Births 136,6591 100.0 42,117 100.011 187,7841 100.0 14,881 100.0 381,441 100.0 Download footnote Column Percentages Additional Footnotes Premature-less than 37 weeks gestation • CAUTION:For all years prior to 2004 counts and rates are underestimated,because of rounding. • Births for the State of Texas Page 1 of 1 • Births for Nueces County Year:12004 Race • White Black • Hispanic . Other All Races Outcomes Number Percent Number Percent Number Percent Number Percent Number(Percent Premature 170 13.7 26 17.8 507 14.3 12 13.2 715 14.2 All Births I 1,243 • 100.0 146 100.0 .3,543 100.0 91 100.0 5,023 100.0 Download footnote Column Percentages Additional Footnotes Premature-less than 37 weeks gestation CAUTION:For all years prior to 2004 counts and rates are underestimated,because of rounding. http://soupfin.tdh.state.tx.us/cgi-bin/birthoc2 6/30/2008 Corpus Christi Human Relations Commission Nominating Committee Meeting July 2, 2008, 11 :00 a.m. NOMINATING COMMITTEE Abel Alonzo, Chairperson Johnny Meisner, Member(Youth) Richard Pulido, Member Rene Saenz, Member The Nominating Committee unanimously nominated the following the individuals: YOUTH COMMISSIONERS A.J. Galvan Employer: H-E-B Education: 2008 Graduate— Ray High School Currently attending Del Mar College Robert J. Bonner, III Employer: n/a Education: Attending Richard King High School Staci Alanis Employer: n/a Education: Attending Tuloso-Midway High School Nathan Daniel Garcia Employer: n/a (Alternate) Education: Attending Richard King High School COMMISSIONERS Chon-Kyun Kim Employer: Texas A&M University-Corpus Christi Edna Arredondo Employer: MV Transportation City of Corpus Christi Construction Procurement, and Professional Service Contracts Minority, Women-Owned and Small Business Enterprises t E; ks -N . .,_. ,, 0„ .., ,.__ __Tii---.,-,_-, _-,,:_„ . • 'VA I 011Preda iit e 6,, , ... . Or-wirik. . tu ic s.' 4 '�1 . , i) At gl rt(0311 lir 0 wt "" V ii-N lig. It ,, g_.**, tc, ... k r ► . ImorP.--, Good Faith Effort Plan 1 May 2008 CITY OF CORPUS CHRISTI MINORITY, WOMEN-OWNED AND SMALL BUSINESS ENTERPRISES (M/WSBE) GOOD FAITH EFFORT PLAN NON-DISCRIMINATION PROGRAM IN CONTRACTING AND PROCUREMENT PLAN I. ADMINISTRATION A. Policy Statement B. Administration Of The Good Faith Effort Plan C. M/WSBE Liaison Officer D. Program Overview E. Coordination Of City Departments F. Authority To Investigate G. Definitions H. Accountability Measures H. PROGRAM GOALS III. ELIGIBLE FIRMS IV. PROCEDURES TO ENDURE THAT M/WSBEs HAVE EQUITABLE OPPORTUNITY TO COMPETE FOR CONTRACTS AND SUB CONTRACTORS A. City Staff/Departments B. Small Business Development Center C. Assistance To Contractors and Sub Contractors D. Contractor Goals and Inclusion of M/VVSBEs V. Records and Reports 2 I. ADMINISTRATION A. POLICY STATEMENT: It is the policy of the City of Corpus Christi that discrimination against businesses because of race, color, gender (sex), national origin or disability is prohibited. It is further the policy of the City's not to use this plan to discriminate against any company or groups of companies. However, the City's Good Faith Effort Plan accepts the premise that special efforts must be made to include minority, women-owned, and small businesses (hereafter referred to as M/WSBE) in the City's contract and procurement activities. The City is committed to ensuring M/WSBE firms an equitable opportunity by undertaking every reasonable effort to attain the goals set forth in the Good Faith Effort Plan. • Objectives: The objectives of this Good Faith Effort Plan are: 1. To provide M/WSBEs an equal opportunity for participating in City construction,procurement,and professional services programs. 2. To provide procedures for monitoring compliance with M/WSBEs requirements of City construction,procurement,and professional services programs. B. ADMINISTRATION OF THE GOOD FAITH EFFORT PLAN: The City Manager will take all measures, legal or administrative to implement this Plan. Notwithstanding, any specific assignments contained in the Plan, the ultimate responsibility for administering the program lies with the City Manager. The City Manager has designated the Director of Materials Management, with executive over site by the Assistant City Manager for Administrative Services, to be responsible for coordinating and managing this Good Faith Effort Plan and implementing the Plan. The Plan shall apply to all contracts over $15,000.00 with special emphasis on those with subcontracting opportunities. The provisions of this Plan take precedence over any departmental plans or procedures in conflict herewith, except for specific requirements mandated by the terms or conditions of agreements in force between the City and the Federal or State of Texas that require different procedures than those described in this plan C. M/WSBE LIAISON OFFICER: The City Manager has designated the Assistant City Manager for Administrative Services to serve as the City's Liaison Officer for the Plan. The Liaison Officer reports directly to the City Manager,who in turn, reports to the Mayor and City Council. The Liaison Officer with the assistance of the Director of Materials Management shall be responsible for accomplishing the following: 1. Developing,managing,implementing,and evaluating the M/WSBE Good Faith Effort Plan. 2. Providing assistance to city departments in resolving specific problems related to implementation of the Plan. 3 D. PROGRAM OVERVIEW: The City of Corpus Christi will take affirmative steps to ensure that M/WSBEs have the maximum opportunity to participate in procurement and contracting opportunities financed in whole or in part with funds which are local,derived from tax dollars,or federal/state directed funds. In connection with the performance of this program, the City will use its best efforts to ensure that M/WSBEs are afforded an opportunity to compete for contracts or sub-contract work let by the City. E. COORDINATION OF CITY DEPARTMENTS: 1. The Directors of appropriate City departments will appoint a representative to serve as their Minority,Women-owned and Small Business Enterprises Coordinator. 2. Administration of the M/WSBE program will be centralized in the City Manager's Office and assisted by the Department of Materials Management. 3. All Coordinators will be responsible for assisting in developing, managing, implementing and evaluating the M/WSBE plan. They are also required to report on a quarterly basis to their Department Director and the Liaison Officer their department's efforts at achieving the goals outlined in the Good Faith Effort Plan. F. AUTHORITY TO INVESTIGATE:. The Corpus Christi Human Relations Commission, acting through its Administrator (Director of Human Relations), shall investigate all complaints received regarding the failure of a contractor or potential contractor to be an equal opportunity employer according to the bid specifications of the City. An active file shall be maintained of any complaint where the Commission finds that the charge has merit, and shall remain active until the discriminatory practice is eliminated. G.DEFINITIONS: 1. Certification is the process by which an applicant is determined by the Texas Unified Certification Program as a HUB or as a DBE to be a bona fide M/WSBE, and eligible to participate in the city's Small Business Program. 2. Contractor is any person or business entity that shall enter into a contract with the City, including ; all partners and joint ventures of such a person or business entity. 3. Goal is a numerically expressed objective with which the City or contractors are encouraged to make a"Good Faith Effort"to achieve. 4. Good Faith Efforts are documented steps that describe attempts to include M/WSBEs, in procurement and contracting opportunities. 5. Plan is the Good Faith Effort Plan for the City of Corpus Christi,Texas. 6. Small Business means a firm for which the gross revenues or number of employees averaged over the past three years, inclusive of any affiliates as defined by 13 C.F.R § 121.103, does not exceed the size standards as defined pursuant to Section 3 of the Small Business Act and for which the net worth of each owner does not exceed$750,000; or firms that are 51%minority owned or women- owned businesses. 7. Subcontractor is a supplier of commodities or services to the prime contractor. 4 8. Minority Business Enterprise means a small business concern, as defined pursuant to Section 3 of the Small Business Act and implementing regulations: • That is 51%owned by one or more socially and economically disadvantaged individuals. • And, in the case of a publicly owned business, one or more individuals that are socially and economically disadvantaged must own at least 51%of the stock. • That the business is owned and managed daily by one or more individual owners who are socially and economically disadvantaged. 9. Socially and economically disadvantaged individuals means those individual citizens who are citizens of the United States or lawfully admitted as permanent residents,and who are: • Black Americans mean persons having origins in any of the black racial tribes of Africa. • Hispanic Americans means persons of Mexico, Puerto Rican, Cuban, Central or South American,or Spanish culture or origin,regardless or race. • Native Americans means persons who are American Indians, Eskimos, Aleuts or Native Hawaiians. • Asian-Pacific Americans means persons whose origins are Japan,China, Guam,and the U. S. Trust Territories of the Pacific and Northern Marinas. • Asian-Indian Americans means persons whose origins are from India, Pakistan, and Bangladesh. • Any other minorities or individuals found to be disadvantaged by the Small Business Act. 10. The phrase "owned and controlled" as used in'this definition means a business that is (1) a sole proprietorship legitimately owned by an individual who is an minority, female or a non-minority or female small business owner. (2) A partnership or joint venture controlled by minority individuals, women and/or small business owner, and in which at least 51% of the beneficial ownership interests legitimately are held by minority, female or small business owners. (3) A corporation or other entity controlled by minority, women or small business owners, and which at least 51% of the voting interest and 51% of the beneficial ownership interests are legitimately held by minority, women or small business owners. In all cases, these persons must control the management and operation of the business on a day-to-day basis. H. ACCOUNTABILITY MEASURES: The effectiveness of this program will be measured by a review of data indicating prime and subcontract awards to M/WSBEs. Program effectiveness measurements will also include efforts by the City staff to provide prime contracting opportunities for M/WSBEs through the Small Business Development Center (hereafter referred to as SBDC). At the end of each contract, the contracting department will prepare a report on the utilization of firms in the M/WSBEs Good Faith Effort Plan. Data in this report will include information on the gross income size of the firms participating on each contract. Each project manager and procurement officer will continuously maintain, and compile monthly information relating to the department's use of M/WSBEs, including information regarding subcontractors and attainment toward the M/WSBE participation goal. At the end of a contract, the City shall require a contractor to report to the agency, the identity and the amount paid to each M/WSBE business to which the contractor has awarded a subcontract for the purchase of supplies,material,equipment;and services. 5 The City's Director of Materials Management shall prepare a consolidated report based on a compilation and analysis of the reports submitted by each project manager and procurement officer and information provided by the Accounting Department. This record-keeping system identifies and assesses M/WSBEs contracts awards, prime contractors' progress in achieving M/WSBE subcontract goals, and other M/WSBE development and contracting efforts. Specifically,the City will maintain records showing: 1. Awards to M/WSBEs, including names of contractors and subcontractors,nature of the work/services performed, and the percentage of Small Business participation per contract. To assist, the City will obtain monthly reports from prime contractors on their progress in meeting contractual M/WSBE commitments; 2. Specific efforts to identify and award contracts to M/WSBEs; 3. Copies of direct mailings to M/WSBEs; 4. Pre-Bid Conference information as it relates to City's Good Faith Effort Plan; 5. Requests for assistance from M/WSBEs interested in bidding/proposing on City contracts and subcontracts; 6. Workshops, seminars and training programs conducted for M/WBEs;and 7. Efforts to assist M/WSBEs in acquiring bonding and insurance. Materials Management will submit quarterly M/WSBE Reports to the Corpus Christi City Council. These reports shall include: 1. The number of contracts awarded to M/WSBEs; 2. A description of the general categories of contracts awarded to M/WSBEs; 3. The dollar value of contracts awarded to M/WSBEs; 4. The percentage of the dollar value•of all contracts awarded to M/WSBEs during the preceding quarter; and 5. An indication of whether or not and the extent to which the percentage was a reasonable representation of Small Business utilization for the region. 6 • II. PROGRAM GOALS The overall annual goal of total expenditures by the City of Corpus Christi for the Good Faith Effort Plan will be set by the City and reviewed at least annually. The current overall goal is set at 40%. The City will set contract goals on a contract-by-contract basis for each specific prime contract with subcontracting possibilities. M/WSBE participation is counted as follows: 1. Once a firm is determined to be an eligible M/WSBE, in accordance with this policy, the total dollar value of the contract awarded to the Business is counted toward the Good Faith Effort Plan goals. 2. The City or a contractor may count toward its Good Faith Effort Plan goals a portion of the total dollar value of a contract with an eligible joint venture equal to the percentage of the ownership and contract of the M/WSBE partner in the joint venture. 3. a. The City or a contractor may count towards its Good Faith Effort Plan goal only expenditures to M/WSBEs that perform a commercially useful function in the work of a contract. A M/WSBE is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carrying outs its responsibilities by actually performing,managing, and supervising the work involved. To determine whether a M/WSBE is performing a commercially useful function, the City or a contractor shall evaluate the amount of work subcontracted,industry practices,and other relevant factors. b. Consistent with normal industry practices, a Small Business, Minority or Women-Owned Businesses may enter into subcontracts. If a M/WSBE contractor subcontracts a significantly . greater portion of the work of the contract than would be expected on the basis of normal industry practices, the M/WSBE shall be presumed not to be performing a commercially useful function. The M/WSBE may present evidence to rebut this presumption to the City. 4. The City or a contractor may count toward its Good Faith Effort Plan goals, 60 percent of its expenditures for materials and supplies obtained from M/WSBE regular dealers and 100 percent of such expenditures to a manufacturer, provided that the M/WSBE assumes the actual and contractual responsibility for the provision of the materials and supplies as follows: a. For purposes of this section, a manufacturer is a firm that operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or regular dealers within the meaning of this section. b. The City or contractor may count toward its Good Faith Effort Plan goals the following expenditures to M/WSBEs that are not manufacturers or regular dealers; (1) The fees or commissions charged for providing a bona fide service, such as professional, technical,consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the 7 contract,provided that the fee or commission is determined by the City to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a regular dealer in the materials and supplies, provided that the fee is determined by the City to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the contract, provided that the fee or commission is determined by the City to be reasonable and not excessive as compared with fees customarily allowed for similar services. 8 III. ELIGIBLE FIRMS A. REQUIREMENTS: To be eligible for certification as a M/WSBE each applicant must meet all the following requirements: 1. Demonstrate that the firm's gross revenues or number of employees averaged over the past three years, inclusive of anyaffiliates as defined by 13 C.F.R. §121.103, does not exceed the size standards as defined pursuant to Section 3 of the Small Business Act; 2. Submit a certification of the net worth of each owner of the firm; 3. Demonstrate that the net worth of each owner does not exceed $750,000, exclusive of principal residence and the value of the Small Business. B. CERTIFICATION OF M/W/SBEs: To ensure that its M/W/SBE plan benefits businesses which are owned and controlled in both form and substance by minority individuals, women or small business owners, the City of Corpus Christi accepts certifications from any certifying agency such as the State of Texas, Small Business Administration 8A, or other local certifying agencies. All certification must be current (within 300 days of latest bid submittal) and comply with respective agency certification requirements. All M/WSBE must submit verification of certification to the City prior to submitting bids. C. REVOCATION: The City shall revoke the certification of a business if it is determined that a business does not meet the definition of a M/WSBE or that business fails to provide requested information in connection with a certification review conducted by the City. Prior to taking formal action, City staff shall then prepare a recommendation regarding the proposed revocation for review by the City Manager. The decision of the City Manager is final. D. CERTIFICATION REVIEWS: • 1. The City will conduct random certification reviews of certified businesses by auditing them to verify that the information submitted by a business is accurate, and that the business remains eligible after certification has been granted. Certification is subject to revocation if it is determined that a business does not qualify as a M/WSBE under the terms of this program. Certification reviews may be conducted for any business for which the City determines a certification review is warranted. 2. Businesses subject to certification reviews must provide the City with any information requested to verify the certification eligibility of the business. E. LIMITATIONS: Notwithstanding any other provision of this program, except upon a finding of good cause by the City, a firm is no longer eligible to participate in the Good Faith Effort Plan after being enrolled for seven years, regardless of whether the firm received prime contracts or subcontracts under this program. F. PROMISE OF NON-DISCRIMINATION: In consideration of, and as a condition precedent to, the right and privilege to bid on or obtain construction, procurement, and professional contracts of the City of Corpus Christi, each bidder, contractor, or vendor shall be required to submit a duly executed and attested standard.Purchase Terms and Conditions Form that includes compliance with Equal Employment Opportunity(#25). A copy of such document is provided on Appendix A of this Plan. 9 Iv. PROCEDURES TO ENSURE THAT M/WSBEs HAVE AN EQUITABLE OPPORTUNITY TO COMPETE FOR CONTRACTS AND SUBCONTRACTS A. CITY STAFF/DEPARTMENTS Specific affirmative procedures to be utilized by the Materials Management and contracts/procurement staff to ensure maximum practicable opportunities for M/WSBEs participation include the following: 1. Assist M/WSBEs in obtaining insurance and surety bonds where necessary in the performance of contracts,including but not limited to: a. Packaging contracts so that dollar amounts do not require bonding; b. Encouraging prime contractors to waive bonding or assist M/WSBE subcontractors in obtaining bonding; c. Encouraging staged bonding where feasible, when bonding is carried over from one project stage to the next;and - d. Relaxing bonding requirements for projects less than$50,000. 2. Encourage the formation of joint ventures between M/WSBEs and other firms to provide opportunity for M/WSBEs to gain experience. The City's Materials Management staff will assist prime contractors in identifying interested M/WSBEs for subcontracts and joint ventures. 3. Provide detailed information on the City's organization and contractual needs and offer instructions on bid specifications,procurement policy,procedures,and general bidding requirements. 4. Provide specifications and requests for proposals to the M/WSBE community in a timely manner to allow M/WSBEs adequate time to develop responsible and responsive bids, quotations, and proposals. In instances where the cost of obtaining specifications or requests for proposal is prohibitive,copies of the material will be made available at no charge to M/WSBE agencies. The City will allow a reasonable amount of time for completion of bids and proposals. Except in the case of emergency needs,the minimum time allowed for completion of bids will be twenty-one(21)days. 5. Establish prorated payment and delivery schedules where feasible, to minimize cash flow problems faced by small firms. The City will provide guidelines to M/WSBE contractors regarding maintenance of positive cash flow in order that current obligations can be met and will strive to provide prompt payment(no more than 30 days from date of invoice). 6. Use the least complicated bid forms appropriate for each procurement solicitation. 7. Hold Pre-Bid Conferences to explain M/WSBE requirements as well as forms that must be submitted with a bid or proposal and the procedures and forms to be used for the purpose of sub-contracting and joint venturing. 8. Permit bidders/proposers to review and evaluate successful bid documents of similar procurements and use debriefing sessions to explain why certain bids were successful. 9. Provide projected procurement information and contracting schedules through the City Engineering, Purchasing,and other outreach efforts. 10 10. Conduct internal information workshops to inform and acquaint City staff with the goals and objectives of the City's Good Faith Effort Plan,and to sensitize them to the problems of M/WSBEs. 11. Maintain records showing specific efforts to identify and award contracts to M/WSBEs and establish a monitoring system to ensure that all contractors, subcontractors, consultants,and vendors comply with contract specifications related to M/WSBE utilization. 12. Develop a written handbook containing the following: a. Procedures outlining specific steps on how to bid; b. Prerequisites for bidding on contracts; c. Information on how plans and specifications can be obtained; d. Names of persons to contact concerning questions on bid documents; e. Names of procurement officers and office hours; f. Types of supplies and services purchased;and g. Explanations of standard contract implementation procedures and requirements, concerning such matters as timely performance of work,contract changes,and payment schedules. ' 13. Inform M/WSBEs of bid notices and specifications related to their capability by placing bid notices in the Dodge Bulletin, major local newspapers, and other periodicals. Bid notices will also be sent to local trade associations, technical assistance agencies, economic development groups, and M/WSBEs with capabilities relevant to the bid notice as identified by the City's M/WSBE data bank. Bid specifications will be made available to M/WSBE associations and technical assistance agencies. Lists of potential firms bidding as primes are also available to M/WSBEs. This should be done in a timely manner and bi-lingual where appropriate. 14. Department Heads will be evaluated annually on Equal Opportunity compliance. 15. Develop and maintain a web site for all City proposal or requests for information regarding construction,procurement,and professional services contracts. This directory shall be made available upon request. 16. City staff will provide counseling and training sessions for M/WSBEs. Responsible City staff will be available to interested business representatives to explain (in detail) instructions for preparation of bid specifications, City procurement policies,procedures and general bid requirements. • 17. The City will provide coordination and referral to existing business development organizations. 18. Upon request, M/WSBEs will be provided with information on specific reasons for unsuccessful bids through debriefing sessions. 19. The City will review individual solicitations to ensure that insurance and bonding provisions are not excessive. Assistance in obtaining insurance and bonding will be provided to M/WSBEs. 20. The City will provide intensive informational workshops and training sessions on identified M/WSBE problem areas, i.e.; pricing and estimating,joint venture formation, accounting principles, marketing, etc. When appropriate,programs should be bi-lingual. 11 21. Information on the City's Good Faith Effort Plan will be disseminated through written materials, seminars, workshops, and specialized assistance to individual firms and included in all bid and proposal information. 22. Review all projects, by Materials Management, to determine the possibility of subdividing. Requests for bids and proposals may be subdivided into peripheral units in the City's attempt to maximize M/WSBE participation. Projects will not be divided in an attempt to violate State law. B. SMALL BUSINESS DEVELOPMENT CENTER The City of Corpus Christi Small Business Development Center will develop and maintain a directory to facilitate the identification of M/WBEs with capabilities relevant to general contracting requirements and to particular bid and proposals solicitations. The following information will be maintained on each M/WSBE firm: name of business, address, telephone, fax and/or e-mail numbers, type of services or products of the firm, and certification date. The directory will include M/WSBEs who manufacture,produce, lease, sell,distribute, or provide equipment or professional services that are procured by the City. This information will be used to notify M/WSBEs of opportunities for participation in the City's programs and to provide other business enterprises with contacts for subcontracting and joint ventures with M/WSBEs. The SBDC will provide support and needs based assistance on overcoming barriers such as inability to obtain insurance,bonding, financial and technical assistance. C.ASSISTANCE TO CONTRACTORS AND SUBCONTRACTORS City staff are available to assist contractors and subcontractors in implementing this Good Faith Effort Plan. As a standard procedure, such assistance includes: 1. Clear identification of the City's Good Faith Effort Plan provisions in all the City's solicitations. 2. Pre-Proposal/Bid Conference to explain the City's Good Faith Effort Plan. 3. Identification of certified M/WSBEs per the City's solicitation including a list of certified M/WSBEs available to all document holders. 4. Lists of document holders are available to interested M/WSBEs. 5. City staff are available to assist bidders/proposers in developing their M/WSBE Programs. Additionally, City staff will monitor M/WSBE participation levels on projects throughout the duration of a contract. Contractors violating contract provisions regarding M/WSBE participation are subject to sanctions,including contract termination. D. CONTRACT GOALS AND INCLUSION OF M/WSBEs For all contracts for which contract goals have been established, the City shall in the solicitation inform competitors that the competitors will be required to submit M/WSBE information to the City and that the award of the contract will be conditioned upon satisfaction of the requirements established by the City. The apparent successful competitor shall submit, at the time of the bid opening or proposal review, the following information: 1. The name and address of M/WSBE firms that participate in the contract. 2. The description of the work each named M/WSBE will perform. 12 3. The dollar amount of participation by each named M/WSBE firm. If the Small Business participation submitted by the competitor does not meet the Small Business contract goals,the competitor must submit evidence demonstrating Good Faith Efforts were made to meet the goals. To determine sufficient Good Faith Efforts to meet the M/WSBE contract goal, a bidder/proposer shall document the steps it has taken to obtain M/WSBE participation,including but not limited to the following: 1. Attendance at a Pre-Bid Meeting, if any, scheduled by the City to inform M/WSBEs subcontracting opportunities under a given solicitation. 2. Advertisement in general circulation media,trade association publications,and other media for at least fifteen(15)days before bids or proposals are due. 3. Written notification to M/WSBEs that their interest in the contract is solicited. 4. Efforts made to select portions of the work proposed to be performed by M/WSBEs in order to increase the likelihood of achieving the stated goal 13 V. RECORDS AND REPORTS RECORDS The City will monitor the progress of the City's Good Faith Effort Plan. At a minimum, this record- keeping system will identify and assess M/WSBE contract awards,prime contractors'progress in achieving M/WSBE subcontract goals,and other efforts to assist M/WSBEs. Specifically, the Materials Management Department will maintain records showing: 1. Procedures which have been adopted to comply with the City's requirements. 2. Awards to M/WSBEs, including names of contractors and subcontractors, nature of work/services to be performed, and the percentage of M/WSBE participation per contract. To assist in this effort, the City will obtain regular reports from prime contractors on their progress in meeting contractual M/WSBE obligations. 3. Specific efforts to identify and award contracts to M/WSBEs. 4. Copies of direct mailings to M/WSBEs. 5. Ensuring City Departments comply with provision of Pre-Bid Conference information as it relates to the City's Good Faith Efforts Plan. 6. Ensuring SBDC complies with requests for assistance from M/WSBEs interested in bidding/proposing on City contracts and subcontracts. 7. Ensuring SBDC provides Workshops, seminars and training programs conducted for M/WSBEs. 8. Ensuring there are efforts to M/WSBEs in acquiring bonding and insurance. REPORTS The Materials Management Department will submit at least quarterly Small Business Reports to the Corpus Christi City Council. These reports shall include as a minimum: 1. The number of contracts awarded to M/WSBEs. 2. A description of the general categories of contracts awarded to M/WSBEs. 3. The dollar value of contracts awarded to M/WSBEs. 4. The percentage of the dollar value of all contracts awarded to M/WSBEs during the preceding quarter. 5. An indication of whether the percentage met or exceeded the M/WSBE goals specified per contract. 14 Appendix A CITY OF CORPUS CHRISTI PURCHASING DIVISION STANDARD PURCHASE TERMS AND CONDITIONS (Attached) 15 • CITY OF CORPUS CHRISTI PURCHASING DIVISION • STANDARD PURCHASE TERMS AND CONDITIONS Seller and City agree as follows 12. SAFETY WARRANTY Seller warrants that the product sold to City shall conform to , 1. SELLER TO PACKAGE GOODS Seller will package goods in accordance with good the standards promulgated by the U.S.Department of Labor under the Occupational commercial practice. Each shipping container shall be clearly and permanently marked Safety and Health ACT(OSHA). In the event the product does not conform to OSHA as follows:(a)Seller's name and address; (b)Consignee's name,address and purchase standards, City may retum the product for correction or replacement at the Seller's order or purchase release number and the supply agreement number if applicable; (c) expense. In the event Seller fails to make the appropriate correction within a Container number and total number of containers,e.g.box 1 of 4 boxes;and(d)the reasonable time,correction made by City will be at Seller's expense. number of the container bearing the packing slip. Seller shall bear cost of packaging 13. NO WARRANTY BY CITY AGAINST INFRINGEMENTS As part of this contract unless otherwise provided. Goods shall be suitably packed to secure lowest for sale Seller agrees to ascertain whether goods manufactured in accordance with the transportation costs and to conform to requirements of common carriers and any specifications attached to this agreement will give rise to the rightful claim of any third applicable specifications. City's count or weight shall be final and conclusive on person by way'of infringement or the like. City makes no warranty that the production shipments not accompanied by packing lists. of goods according to the specification will not give rise to such a claim, and in no 2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship event shall City be liable to Seller for indemnification in the event that Seller is sued on the goods under reservation and no tender of a bill of lading will operate as a tender of the grounds of infringement or the like. If Seller is of the opinion that an infringement goods. or the like will result,he will notify City to this effect in writing within two weeks after 3. TITLE&RISK OF LOSS The title and risk of loss of the goods shall not pass to City the signing of this agreement. If City does not receive notice and is subsequently held until City actually receives and takes possession of the goods at the point or points of liable for the infringement or the like,Seller will save City harmless. If Seller in good delivery. faith ascertains that production of the goods in accordance with the specifications will 4. DELIVERY TERMS AND TRANSPORTATION CHARGES F.O.B. destination result in infringement or the like,this contract shall be null and void except that City unless delivery terms are specified otherwise in bid. City agrees to reimburse Seller for will pay Seller the reasonable cost of his search as to infringements. transportation costs in the amount specified in Seller's bid,or actual costs,whichever is 14. RIGHTS OF INSPECTION City shall have the right to inspect the goods at delivery lower, if the quoted delivery terms do not include transportation costs,provided City before accepting them. shall have the right to designate what method of transportation shall be used to ship the 15. CANCELLATION City shall have the right to cancel for default all or any part of the goods. undelivered portion of this order if Seller breaches any of the terms hereof including 5. NO REPLACEMENT OF DEFECTIVE TENDER Every tender or delivery of goods warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. must fully comply with all provisions of this contract as to time of delivery,quality and Such right of cancellation is in addition to and not in lieu of any other remedies which the like. If a tender is made which does not fully conform,this shall constitute a breach City may have in law or equity. and Seller shall not have the right to substitute a conforming tender,provided,where 16. TERMINATION The performance of work under this order may be terminated in the time for performance has not yet expired,the Seller may reasonably notify City of whole,or in part by the City in accordance with this provision. Termination of work his intention to cure and may then make a conforming tender within the contract time hereunder shall be effected by the delivery to the Seller of a"Notice of Termination" but not afterward. specifying the extent to which performance of work under the order is terminated and 6. PLACE OF DELIVERY The place of delivery shall be that set forth in the block of the date upon which such termination becomes effective. Such right of terminationis the purchase order entitled"Receiving Agency." Any change thereto shall be effected in addition to and not in lieu of the rights of City set forth in Clause 15,herein. by modification as provided for in Clause 20 hereof entitled"Modifications." The 17. FORCE MAJEURE Neither party shall be held responsible for losses resulting if the terms of this agreement are"no arrival,no sale." fulfillment of any terms or provisions of this contract is delayed or prevented by any 7. INVOICES&PAYMENTS cause not within the control of the party whose performance is interfered with, and a. Seller shall submit separate invoices, in duplicate, on each purchase order or which by the exercise of reasonable diligence said party is unable to prevent. purchase release after each delivery. Invoices shall indicate the purchase order or 18. ASSIGNMENT-DELEGATION No right or interest in this contract shall be assigned purchase release number and the supply agreement number if applicable. Invoices or delegation of any obligation made by Seller without the written permission of the shall be itemized and transportation charges,if any,shall be listed separately. A City. Any attempted assignment or delegation by Seller shall be wholly void and copy of the bill of lading, and the freight waybill when applicable, should be totally ineffective for all purposes unless made in conformity with this paragraph. attached to the invoice. Mail to:Accounting Division,City of Corpus Christi,P. 19. WAIVER No claim or right arising out of a breach of this contract can be discharged O. Box 9277,Corpus Christi,Texas 78469. Payment shall not be due until the in whole or in part by a waiver or renunciation of the claim or right unless the waiver or above instruments are submitted after delivery. renunciation is supported by consideration and is in writing signed by the aggrieved b. City's obligation is payable only and solely from funds available for the purpose of party. this purchase. Lack of funds shall render this contract null and void to the extent 20. MODIFICATIONS This contract can be modified or rescinded only by a writing funds are not available and any delivered but unpaid for good will be returned to signed by both of the parties or their duly authorized agents. Seller by City. 21. INTERPRETATION-PAROL EVIDENCE This writing is intended by the parties as a c. Do not include Federal Excise,State or City Sales Tax. City shall furnish tax, final expression of their agreement and is intended also as a complete and exclusive exemption certificates upon request. statement of the terms of their agreement. No course of prior dealings between the d. Payment terms are net 30 days after the goods are provided or services are parties and no usage of the trade shall be relevant to supplement or explain any term completed,as required,or a correct invoice is received,whichever is later. used in this agreement. Acceptance or acquiescence in a course of performance ' 8. GRATUITIES The City may, by written notice to the Seller, cancel this contract rendered under this agreement shall not be relevant to detennine the meaning of this without liability to Seller if it is determined by City that gratuities, in the form of agreement even though the accepting or acquiescing party has knowledge of the entertainment,gifts.or otherwise,were offered or given by the Seller,or any agent or performance and opportunity for objection. Whenever a term defined by the Uniform representative of the Seller,to any officer or employee of the City with a view toward Commercial Code is used in this agreement,the definition contained in the Code is to securing a contract or securing favorable treatment with respect to the awarding or control. amending,or the making of any determinations with respect to the performing of such a 22. APPLICABLE LAW This agreement shall be governed by the Uniform Commercial contract. In the event this contract is cancelled by City pursuant to this provision,City Code. Wherever the term"Uniform Commercial Code"is used,it shall be construed as shall be entitled,in addition to any other rights and remedies,to recover or withhold the meaning the Uniform Commercial Code as adopted in the State of Texas as effective amount of the cost incurred by Seller in providing such gratuities. and in force on the date of this agreement. 9. SPECIAL TOOLS &TEST EQUIPMENT If the price stated on the face hereof 23. ADVERTISING Seller shall not advertise or publish,without City's prior consent,the includes the cost of any special tooling or special test equipment fabricated or required fact that City has entered into this contract,except to the extent necessary to comply by Seller for the purpose of filling this order,such special tooling equipment and any with proper requests for information from an authorized representative of the federal, process sheets related thereto shall become the property of the City and to the extent state or local government. feasible shall be identified by the Seller as such. 24. RIGHT TO ASSURANCE Whenever one party to this contract in good faith has 10. WARRANTY-PRICE . reason to question the other party's intent to perform he may demand that the other a The price to be paid by the City shall be that contained in Seller's bid which Seller party give written assurance of his intent to perform. In the event that a demand is warrants to be no'higher than Seller's current prices on orders by others for made and no assurance is given within five(5)days,the demanding party may treat this products of the kind and specification covered by this agreement for similar failure as an anticipatory repudiation of the contract. quantities under similar or like conditions and methods of purchase. In the event 25. EQUAL EMPLOYMENT OPPORTUNITY Seller breaches this warranty, the prices of the items shall be reduced to the Seller agrees that during the performance of its contract it will: Seller's current prices on orders by others,or in the alternative,City may cancel a. Treat all applicants and employees without discrimination as to race,color, this contract without liability to Seller for breach or Seller's actual expense. religion,sex,national origin,marital status,age,or handicap. b. The Seller warrants that no person or selling agency has been employed or retained b. Identify itself as an "Equal Opportunity Employer" in all help wanted to solicit or secure this contract upon an agreement or understanding for advertising or request. commission, percentage, brokerage, or contingent fee excepting bona fide The Seller shall be advised of any complaints filed with the City alleging that Seller is employees of bona fide established commercial or selling agencies maintained by not an Equal Opportunity Employer. the Seller for the purpose of securing business. For breach or violation of this The City reserves the right to consider its reports from its human relations administrator warranty the City shall have the right in addition to any other right or rights to in response to such complaints in determining whether or not to terminate any portion cancel this contract without liability and to deduct from the contract price, or of this contract for which purchase orders or authorities to deliver have not been' otherwise recover the full amount of such commission,percentage,brokerage or included, however, the Seller is specifically advised that no Equal Opportunity contingent fee. Employment complaint will be the basis for cancellation of this contract for which a 11. WARRANTY-PRODUCT Seller shall not limit or exclude any implied warranties purchase order has been issued or authority to deliver granted. and any attempt to do so shall render this contract voidable at the option of the City. 26. CONFLICTS OF INTEREST Seller agrees to comply with the conflict of interest Seller warrants that the goods furnished will conform to the specifications,drawings, provisions of the City Charter and Code of Ordinances. Seller agrees to maintain and descriptions listed in the bid invitation,and to the sample(s)furnished by Seller,if current, updated disclosure of information on file with the City purchasing office any. In the event of a conflict between the specifications,drawings,and descriptions, throughout the term of this contract. the specifications shall govern.