ANNUAL GOAL. The overall target for business equity firm utilization in contracts (prime contracts and subcontracts combined) as defined by the calculation method used in the city's most recent disparity study, and should be the basis for consideration of overall, annual spending targets for city funds. This target can be the city's goal for its overall spending with certified firms across all industry categories.
ARTICLE. Chapter 20, Article X Code of the City of Fort Worth (2015).
BEST VALUE. A procurement method in which the selected bidder is not determined solely by the lowest price bid.
BIDDER. Any person seeking to be awarded a contract.
BID SHOPPING. The practice of divulging a contractor's or subcontractor's bid to other prospective contractor(s) or subcontractor(s) before the award of a contract in order to secure a lower bid.
BUSINESS EQUITY BOARD. The group of industry stakeholders established by city council tasked with advising the city on business equity firm participation in city procurement activities and is formerly known as the minority and women business enterprise advisory committee.
BUSINESS EQUITY FIRM. An independent firm that is a certified MBE and or WBE with a significant business presence in the city's marketplace.
BUSINESS EQUITY GOAL. A calculation prepared by the DVIN that includes all the following factors: the detailed cost estimate of the work to be performed, or goods purchased; the marketplace; the availability of business equity firms and non-business equity firms in the marketplace determined on a contract-by-contract basis; and the subcontracting/supplier opportunities of each project.
BUSINESS EQUITY MANAGEMENT SYSTEM. An online business equity contract tracking system utilized by DVIN.
CERTIFIED. Those firms identified by the North American Industry Classification System (NAICS) that have been determined to be a bona fide MBE or WBE by the North Central Texas Regional Certification Agency (NCTRCA), the Dallas/Fort Worth Minority Supplier Development Council (DFW/MSDC), Women's Business Council-SW (WBCS), Texas Department of Transportation (TxDOT) or other certifying agency that the DVIN may deem appropriate and accepted by the City of Fort Worth.
CITY. The City of Fort Worth, Texas.
CITY FUNDS. All revenues derived from any source other than federal or state grants or allocations.
CITY MANAGER. The city manager of the City of Fort Worth, Texas.
COMBINED PROJECT. A construction contract including more than one of the following: paving, drainage, or water/sanitary sewer; the term does not include a standard water/sanitary sewer contract where the pavement is only temporarily or permanently repaired incidental to the water/sewer work.
COMMERCIALLY USEFUL FUNCTION. Responsibility for the execution of a distinct element of the work of a contract, which is carried out by actually providing materials, equipment, supplies, goods, or performing, managing, and supervising the work.
CONSTRUCTION. The processes involved in delivering buildings, infrastructure, or facilities; the term includes but is not limited to the erection, rehabilitation, alteration, conversion, extension, demolition, improvement, remodeling or repair to any real property, including streets, storm drains and facilities providing utility service owned by the city.
CONTRACT. Any purchase order or contract that (i) involves expenditure of $100,000 or more of city funds; (ii) could use subcontractors; and (iii) is awarded by the city, whether directly or indirectly, for work, labor, services, supplies, equipment, professional services, goods, construction, or construction-related activities, and materials or any combination of the foregoing; the term specifically includes but shall not be limited to, any purchase or lease of materials pursuant to Texas state law, any public work project authorized pursuant to Texas state law, or contract in which public bids are not required by law. A contract does not include an emergency contract.
CONTRACTOR. Any person that has been awarded a contract.
DEBAR or DEBARMENT. The city will not consider offers from or award new contracts to a bidder. A debarred business equity firm shall not be included in calculating a business equity goal.
DISPARITY STUDY. The City of Fort Worth Disparity Study finalized and presented to city council on June 16, 2020 or a study presented to the city council after that date.
DOING BUSINESS. Engaging in for-profit activities in the scope of the expertise of the firm and having a physical location and/or digital presence from which to do so.
DVIN. The city's department of diversity and inclusion.
EMERGENCY CONTRACT. A contract that is awarded on an emergency basis due to a threat of harm to person or property or threat of disruption of governmental services and approved by the city attorney's office as an emergency contract exempt from Texas public bidding laws.
GOOD FAITH EFFORTS. The actions undertaken by a contractor and approved by DVIN as described in § 20-370, below.
HORIZONTAL CONSTRUCTION. Construction of highways, roads, streets, bridges, utilities, water supply projects, water plans, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction as referenced in this article.
INDEPENDENT FIRM. A person whose viability does not depend on its relationship with another person.
JOINT VENTURE. A business entity formed by two or more independent persons for the purpose of pursuing a common objective, such as a prime contract. The resulting business entity has additional resources and capacity, enhancing its ability to compete for larger awards. A joint venture is generally characterized by shared ownership, shared returns and risks, and shared governance. In a joint venture, the prime managing partner holds 51% or more interest in the business. Partner(s) hold less than 51% interest but in most cases, not less than 20%.
MARKETPLACE. The geographic area as defined by the city's most current disparity study.
MAYOR. The mayor of the City of Fort Worth, Texas.
MINORITY INDIVIDUAL. A person who is a member of any of the following:
(1) “Black Americans” means persons having origins in any of the Black racial groups of Africa;
(2) “Hispanic Americans” means persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(3) “Native Americans” means persons who are enrolled members of a federally or State recognized Indian tribe, Alaska Natives, or Native Hawaiians;
(4) “Asian-Pacific Americans” means persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), Republic of the Northern Marianas Islands, Samoa, Macao, Fiji, Tonga, Kirbati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong; and
(5) “Subcontinent Asian Americans” means persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka.
MINORITY-OWNED BUSINESS ENTERPRISE (MBE). A business entity, including but not limited to a sole proprietorship, partnership, corporation, limited liability company, association or joint venture:
(1) Which is at least fifty one percent (51%) owned by one or more minority individuals, or in the case of a publicly traded business, at least fifty one percent (51%) of all classes of the stock of which is owned by one or more minority individuals; and
(2) Whose management, policies, major decisions and daily business operations are independently managed and controlled by one or more such more minority individuals.
PERSON. A natural person or business entity, including but not limited to a sole proprietorship, partnership, corporation, limited liability company, association or joint venture.
PROGRAM. The administrative regulations for contracts with business equity firms that do not involve subcontractors.
RESPONSIVE. A person is in compliance with the requirements of this article.
SIGNIFICANT BUSINESS PRESENCE. A person:
(1) Which has its principal place of business located inside the marketplace;
(2) Which has its principal place of business located outside the marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business's workforce is based in the marketplace; or
(3) Which has cumulative business receipts greater than $1,000,000 for work done in the marketplace since January 1, 2013.
SOLICITATION. The process of inviting companies to bid on opportunities to provide goods and services.
SUBCONTRACTOR. Any person entering into a contract with a contractor or a higher tier subcontractor to directly furnish services or supplies toward the contract.
TIER. The numerical level of subcontracting below the contractor.
UTILIZATION PLAN. The list of business equity firms that a contractor commits will be utilized to meet the business equity goal for a specific project, the scopes of the work and the dollar values or the percentages of the work to be performed.
VERTICAL CONSTRUCTION. The construction or remodeling of any building, structure or other improvement that is predominantly vertical, including, without limitation, buildings, the design and construction of which are governed by accepted building codes.
WOMAN. An adult person of the female gender.
WOMEN-OWNED BUSINESS ENTERPRISE (WBE). A business entity, including but not limited to a sole proprietorship, partnership, corporation, limited liability company, association or joint venture:
(1) Which is at least fifty-one percent (51%) owned by one or more women, or in the case of a publicly traded business, at least fifty-one percent (51%) of all classes of the stock of which is owned by one or more women; and
(2) Whose management, policies, major decisions and daily business operations are independently managed and controlled by one or more such women.
(Ord. 24534-11-2020, § 1, passed 11-17-2020, eff. 1-1-2021; Ord. 25165-10-2021, § 1, passed 10-19-2021)