Common use of SBEDA Program Compliance – Affirmative Procurement Initiatives Clause in Contracts

SBEDA Program Compliance – Affirmative Procurement Initiatives. The CITY has applied the following contract-specific Affirmative Procurement Initiatives (API) to this contract. CONTRACTOR hereby acknowledges and agrees that the selected API requirement shall also be extended to any change order or subsequent contract modification and, absent SBO’s granting of a waiver, that its full compliance with the following API terms and conditions are necessary to attain satisfactory performance under this Agreement: Please note that failure to meet the subcontracting API requirements (when applicable) will deem the response non-responsive. To be SBEDA eligible a Prime or Subcontractor must be certified as a Small Business Enterprise (SBE) through the South Central Texas Regional Certification Agency AND must be headquartered or have a significant business presence in the San Antonio Metropolitan Statistical Area. The guidelines and steps to be certified by SCTRCA are available at: xxxxx://xxxxxx.xxx/get-certified/ SBE Prime Contract Program. In accordance with the SBEDA Ordinance, Section III. D. 5. (a), this contract is being awarded pursuant to the SBE Prime Contract Program, and as such, RESPONDENT affirms that if it is presently certified as an SBE (see Small Business Enterprise definition), RESPONDENT agrees not to subcontract more than 49% of the contract value to a non-SBE firm. M/WBE Prime Contract Program. In accordance with the SBEDA Ordinance, Section III. D. 6. (d), this contract is being awarded pursuant to the M/WBE Prime Contract Program and as such, RESPONDENT affirms that if it is presently certified as an M/WBE (see Minority/Women Business Enterprise definition), RESPONDENT agrees not to subcontract more than 49% of the contract value to a non-M/WBE firm. The CONTRACTOR shall submit a Subcontractor/Supplier Commitment Form to City with its response for this contract. Failure to include a completed, signed copy of the Subcontractor/Supplier Commitment Form acknowledging the subcontracting goal(s) for this solicitation will render this response NON-RESPONSIVE. During or after the price proposal phase as determined by the City, the CONTRACTOR agrees to submit a Subcontractor/ Supplier Utilization Plan with the names of the certified SBE and M/WBE Sub-contractors to be used by CONTRACTOR on this contract, the respective percentages of the total prime contract dollar value to be awarded and performed by each SBE and M/WBE Sub-CONTRACTOR, and documentation including a description of each SBE and M/WBE Sub-contractor’s scope of work and confirmation of each SBE and M/WBE Sub-CONTRACTOR’s commitment to perform such scope of work for an agreed upon dollar amount is hereby attached and incorporated by reference into the material terms of this Agreement. In the absence of a waiver granted by the SBO during or after the price proposal response (as determined by the City), failure of a Prime CONTRACTOR to attain this SBE and M/WBE subcontracting goal as required in the solicitation shall render its response non-Responsive. Also, in the absence of a waiver granted by the SBO, failure of a Prime CONTRACTOR to attain subcontracting goal(s) for SBE and M/WBE participation in the performance of its contract or otherwise comply with the provisions of this API shall be considered a material breach of contract, grounds for termination of that contract with the City and shall be subject to any penalties and sanctions available under the terms of the SBEDA Ordinance, its contract with the City or by law.

SBEDA Program Compliance – Affirmative Procurement Initiatives. The CITY has applied the following contract-specific Affirmative Procurement Initiatives (API) to this contract. CONTRACTOR CONSULTANT hereby acknowledges and agrees that the selected API requirement shall also be extended to any change order or subsequent contract modification and, absent SBO’s granting of a waiver, that its full compliance with the following API terms and conditions are necessary material to attain its satisfactory performance under this Agreement: Please note that failure to meet the subcontracting API requirements (when applicable) will deem the response non-responsive. To be SBEDA eligible a Prime or Subcontractor must be certified as a Small Business Enterprise (SBE) through the South Central Texas Regional Certification Agency AND must be headquartered or have a significant business presence in the San Antonio Metropolitan Statistical Area. The guidelines and steps to be certified by SCTRCA are available at: xxxxx://xxxxxx.xxx/get-certified/ SBE Prime Contract Subcontracting Program. In accordance with the SBEDA Ordinance, Ordinance Section III. D. 53. (a), this contract is also being awarded pursuant to the SBE Prime Contract Subcontracting Program, and as such, RESPONDENT affirms that if it is presently certified as an SBE . CONSULTANT agrees to sub-consult at least twenty-four percent (see Small Business Enterprise definition), RESPONDENT agrees not to subcontract more than 49% 24%) of the its prime contract value to certified SBE firms headquartered or having a non-SBE firm. M/WBE Prime Contract Program. In accordance with Significant Business Presence within the SBEDA Ordinance, Section III. D. 6. San Antonio Metropolitan Statistical Area (dSAMSA), this contract is being awarded pursuant to the M/WBE Prime Contract Program and as such, RESPONDENT affirms that if it is presently certified as an M/WBE (see Minority/Women Business Enterprise definition), RESPONDENT agrees not to subcontract more than 49% of the contract value to a non-M/WBE firm. The CONTRACTOR shall submit a Subcontractor/Supplier Commitment Form Utilization Plan which CONSULTANT submitted to City with its response for this contract. Failure contract (or, as appropriate, that it agrees to include a completed, signed copy of the Subcontractor/Supplier Commitment Form acknowledging the subcontracting goal(s) for this solicitation will render this response NON-RESPONSIVE. During or after submit during the price proposal negotiation phase as determined by the Cityof this contract), the CONTRACTOR agrees to submit a Subcontractor/ Supplier Utilization Plan with and that contains the names of the certified SBE and M/WBE Sub-contractors consultants to be used by CONTRACTOR CONSULTANT on this contract, the respective percentages of the total prime contract dollar value to be awarded and performed by each SBE and M/WBE Sub-CONTRACTORconsultant, and documentation including a description of each SBE and M/WBE Sub-contractorConsultant’s scope of work and confirmation of each SBE and M/WBE Sub-CONTRACTORconsultant’s commitment to perform such scope of work for an agreed upon dollar amount is hereby attached and incorporated by reference into the material terms of this Agreement. In the absence of a waiver granted by the SBO during or after SBO, the price proposal response (as determined by the City), failure of a Prime CONTRACTOR Consultant to attain this SBE and M/WBE subcontracting Sub- consultant goal as required in the solicitation shall render its response non-Responsive. Also, in the absence of a waiver granted by the SBO, failure of a Prime CONTRACTOR to attain subcontracting goal(s) for SBE and M/WBE firm participation in the performance of a Commercially Useful Function under the terms of its contract or otherwise comply with the provisions of this API shall be considered a material breach of contract, and grounds for termination of that the contract with the City, and may result in debarment from performing future City and contracts and/or shall be subject to any penalties and sanctions other remedies available under the terms of this Agreement for violations of the SBEDA Ordinance, or under any other law. Subcontractor Diversity: The City of San Antonio strongly encourages each bidder to be as inclusive as possible, and to reach out to all segments of the M/WBE community in its efforts to exercise good faith in achieving the SBE sub-consulting goal of 24% that has been established for this contract. While the relative availability of ready, willing, and able firms within various ethnic and gender categories will vary significantly from contract with to contract based upon the City or by lawparticular trades that are involved, overall in the San Antonio architecture and engineering industry, as reflected in the City’s Centralized Vendor Registration system for the month of December 2014, African-American owned firms represent approximately 2.13% of available subcontractors, Hispanic-American firms represent approximately 10.64%, Asian-American firms represent approximately 1.73%, Native American firms represent approximately 0.40%, and Women-owned firms represent approximately 7.05% of available architecture and engineering sub-consultants.

SBEDA Program Compliance – Affirmative Procurement Initiatives. The CITY has applied the following contract-specific Affirmative Procurement Initiatives (API) to this contract. CONTRACTOR hereby acknowledges and agrees that the selected API requirement shall also be extended to any change order or subsequent contract modification and, absent SBO’s granting of a waiver, that its full compliance with the following API terms and conditions are necessary material to attain its satisfactory performance under this Agreement: Please note that failure to meet the subcontracting API requirements (when applicable) will deem the response non-responsive. To be SBEDA eligible a Prime or Subcontractor must be certified as a Small Business Enterprise (SBE) through the South Central Texas Regional Certification Agency AND must be headquartered or have a significant business presence in the San Antonio Metropolitan Statistical Area. The guidelines and steps to be certified by SCTRCA are available at: xxxxx://xxxxxx.xxx/get-certified/ SBE Prime Contract Program. In accordance with the SBEDA Ordinance, Section III. D. 5. (ad), this contract is being awarded pursuant to the SBE Prime Contract Program, and as such, RESPONDENT CONTRACTOR affirms that if it is presently certified as an SBE (see Small Business Enterprise definition), RESPONDENT CONTRACTOR agrees not to subcontract more than 49% of the contract value to a non-SBE firm. , and M/WBE Prime Contract Program. In accordance with the SBEDA Ordinance, Section III. D. 6. (d), this contract is being awarded pursuant to the M/WBE Prime Contract Program and as such, RESPONDENT CONTRACTOR affirms that if it is presently certified as an M/WBE (see Minority/Women Business Enterprise definition), RESPONDENT CONTRACTOR agrees not to subcontract more than 49% of the contract value to a non-M/WBE firm, and M/WBE Subcontracting Program. In accordance with SBEDA Ordinance Section III. D. 6. (b), this contract is also being awarded pursuant to the M/WBE Subcontracting Program. CONTRACTOR agrees to subcontract or self-perform at least seventeen percent (17%) of its prime contract value to certified M/WBE firms headquartered or having a Significant Business Presence within the San Antonio Metropolitan Statistical Area (SAMSA). If the Prime CONTRACTOR is a certified M/WBE firm, then the CONTRACTOR is allowed to self-perform up to the entire M/WBE subcontracting goal amount with its own forces. To the extent that the certified M/WBE Prime CONTRACTOR does not self-perform a portion of the M/WBE subcontracting goal, it shall be responsible for complying with all other requirements of this API for that portion of work that is subcontracted. The CONTRACTOR shall submit a Subcontractor/Supplier Commitment Form Utilization Plan which CONTRACTOR submitted to City with its response for this contract. Failure contract (or, as appropriate, that it agrees to include a completed, signed copy of the Subcontractor/Supplier Commitment Form acknowledging the subcontracting goal(s) for this solicitation will render this response NON-RESPONSIVE. During or after submit during the price proposal negotiation phase as determined by the Cityof this contract), the CONTRACTOR agrees to submit a Subcontractor/ Supplier Utilization Plan with and that contains the names of the certified SBE and M/WBE Sub-contractors Subcontractors to be used by CONTRACTOR on this contract, the respective percentages of the total prime contract dollar value to be awarded and performed by each SBE and M/WBE Sub-CONTRACTORSubcontractor, and documentation including a description of each SBE and M/WBE Sub-contractorSubcontractor’s scope of work and confirmation of each SBE and M/WBE Sub-CONTRACTORSubcontractor’s commitment to perform such scope of work for an agreed upon dollar amount is hereby attached and incorporated by reference into the material terms of this Agreement. In the absence of a waiver granted by the SBO during or after the price proposal response (as determined by the City)SBO, failure of a Prime CONTRACTOR to attain this SBE and M/WBE subcontracting goal as required in the solicitation shall render its response non-Responsive. Also, in the absence of a waiver granted by the SBO, failure of a Prime CONTRACTOR to attain a subcontracting goal(s) goal for SBE and M/WBE participation in the performance of its contract or otherwise comply with the provisions of this API shall be considered a material breach of contract, grounds for termination of that contract with the City and shall be subject to any penalties and sanctions available under the terms of the SBEDA Ordinance, its contract with the City or by law. Subcontractor Diversity: The City of San Antonio strongly encourages each bidder to be as inclusive as possible, and to reach out to all segments of the M/WBE community in its efforts to exercise good faith in achieving the M/WBE subcontracting goal of 17% that has been established for this contract. While the relative availability of ready, willing, and able firms within various ethnic and gender categories will vary significantly from contract to contract based upon the particular trades that are involved, overall in the San Antonio architecture and engineering industry, as reflected in the City’s Centralized Vendor Registration system for the month of October 2016, African-American owned firms represent approximately 2.24% of available subcontractors, Hispanic-American firms represent approximately 7.33%, Asian-American firms represent approximately 0.71%, Native American firms represent approximately 0.12%, and Women-owned firms represent approximately 3.98% of available architecture and engineering subcontractors.

SBEDA Program Compliance – Affirmative Procurement Initiatives. The CITY has applied the following contract-specific Affirmative Procurement Initiatives (API) to this contract. CONTRACTOR hereby acknowledges and agrees that the selected API requirement shall also be extended to any change order or subsequent contract modification and, absent SBO’s granting of a waiver, that its full compliance with the following API terms and conditions are necessary material to attain its satisfactory performance under this Agreement: Please note that failure to meet the subcontracting API requirements (when applicable) will deem the response non-responsive. To be SBEDA eligible a Prime or Subcontractor must be certified as a Small Business Enterprise (SBE) through the South Central Texas Regional Certification Agency AND must be headquartered or have a significant business presence in the San Antonio Metropolitan Statistical Area. The guidelines and steps to be certified by SCTRCA are available at: xxxxx://xxxxxx.xxx/get-certified/ SBE Prime Contract Program. In accordance with the SBEDA Ordinance, Section III. D. 5. (ad), this contract is being awarded pursuant to the SBE Prime Contract Program, and as such, RESPONDENT CONTRACTOR affirms that if it is presently certified as an SBE (see Small Business Enterprise definition), RESPONDENT CONTRACTOR agrees not to subcontract more than 49% of the contract value to a non-SBE firm. , and M/WBE Prime Contract Program. In accordance with the SBEDA Ordinance, Section III. D. 6. (d), this contract is being awarded pursuant to the M/WBE Prime Contract Program and as such, RESPONDENT CONTRACTOR affirms that if it is presently certified as an M/WBE (see Minority/Women Business Enterprise definition), RESPONDENT CONTRACTOR agrees not to subcontract more than 49% of the contract value to a non-M/WBE firm. The CONTRACTOR shall submit a Subcontractor/Supplier Commitment Form to City with its response for this contract. Failure to include a completed, signed copy of the Subcontractor/Supplier Commitment Form acknowledging the subcontracting goal(s) for this solicitation will render this response NON-RESPONSIVE. During or after the price proposal phase as determined by the City, the CONTRACTOR agrees to submit a Subcontractor/ Supplier Utilization Plan with the names of the certified SBE and M/WBE Sub-contractors Subcontracting Program. In accordance with SBEDA Ordinance Section III. D. 6. (b), this contract is also being awarded pursuant to be used by CONTRACTOR on this contract, the respective percentages of the total prime contract dollar value to be awarded and performed by each SBE and M/WBE SubSubcontracting Program. CONTRACTOR agrees to subcontract or self-CONTRACTOR, and documentation including a description perform at least twenty-three percent (23%) of each SBE and its prime contract value to certified M/WBE Sub-contractor’s scope of work and confirmation of each SBE and firms headquartered or having a Significant Business Presence within the San Antonio Metropolitan Statistical Area (SAMSA). If the Prime CONTRACTOR is a certified M/WBE Subfirm, then the CONTRACTOR is allowed to self-CONTRACTOR’s commitment perform up to perform such scope of work for an agreed upon dollar amount is hereby attached and incorporated by reference into the material terms of this Agreement. In the absence of a waiver granted by the SBO during or after the price proposal response (as determined by the City), failure of a Prime CONTRACTOR to attain this SBE and entire M/WBE subcontracting goal as required in amount with its own forces. To the solicitation shall render its response non-Responsive. Also, in extent that the absence of a waiver granted by the SBO, failure of a Prime CONTRACTOR to attain subcontracting goal(s) for SBE and certified M/WBE participation in Prime CONTRACTOR does not self-perform a portion of the performance of its contract or otherwise comply M/WBE subcontracting goal, it shall be responsible for complying with the provisions all other requirements of this API shall be considered a material breach for that portion of contract, grounds for termination of work that contract with the City and shall be subject to any penalties and sanctions available under the terms of the SBEDA Ordinance, its contract with the City or by lawis subcontracted.

SBEDA Program Compliance – Affirmative Procurement Initiatives. The CITY has applied the following contract-specific Affirmative Procurement Initiatives (API) to this contract. CONTRACTOR hereby acknowledges and agrees that the selected API requirement shall also be extended to any change order or subsequent contract modification and, absent SBO’s granting of a waiver, that its full compliance with the following API terms and conditions are necessary material to attain its satisfactory performance under this Agreement: Please note that failure to meet the subcontracting API requirements (when applicable) will deem the response non-responsive. To be SBEDA eligible a Prime or Subcontractor must be certified as a Small Business Enterprise (SBE) through the South Central Texas Regional Certification Agency AND must be headquartered or have a significant business presence in the San Antonio Metropolitan Statistical Area. The guidelines and steps to be certified by SCTRCA are available at: xxxxx://xxxxxx.xxx/get-certified/ SBE ESBE Prime Contract Program. In accordance with the SBEDA Ordinance, Section III. D. 53. (ab), this contract is being awarded pursuant to the Emerging SBE Prime Contract Program, and as such, RESPONDENT CONTRACTOR affirms that if it is presently certified as an SBE ESBE (see Emerging Small Business Enterprise definition), RESPONDENT CONTRACTOR agrees not to subcontract more than 49% of the contract value to a non-SBE ESBE firm. , and M/WBE Prime Contract Program. In accordance with the SBEDA Ordinance, Section III. D. 64. (db), this contract is being awarded pursuant to the M/WBE Prime Contract Program and as such, RESPONDENT CONTRACTOR affirms that if it is presently certified as an M/WBE (see Minority/Women Business Enterprise definition), RESPONDENT CONTRACTOR agrees not to subcontract more than 49% of the contract value to a non-M/WBE firm, and SBE Subcontracting Program. In accordance with SBEDA Ordinance Section III. D. 3. (d), this contract is also being awarded pursuant to the SBE Subcontracting Program. CONTRACTOR agrees to subcontract or self-perform at least twenty-four percent (24%) of its prime contract value to certified M/WBE firms headquartered or having a Significant Business Presence within the San Antonio Metropolitan Statistical Area (SAMSA). If the Prime CONTRACTOR is a certified M/WBE firm, then the CONTRACTOR is allowed to self-perform up to the entire M/WBE subcontracting goal amount with its own forces. To the extent that the certified M/WBE Prime CONTRACTOR does not self-perform a portion of the M/WBE subcontracting goal, it shall be responsible for complying with all other requirements of this API for that portion of work that is subcontracted. The CONTRACTOR shall submit a Subcontractor/Supplier Commitment Form Utilization Plan which CONTRACTOR submitted to City with its response for this contract. Failure contract (or, as appropriate, that it agrees to include a completed, signed copy of the Subcontractor/Supplier Commitment Form acknowledging the subcontracting goal(s) for this solicitation will render this response NON-RESPONSIVE. During or after submit during the price proposal negotiation phase as determined by the Cityof this contract), the CONTRACTOR agrees to submit a Subcontractor/ Supplier Utilization Plan with and that contains the names of the certified SBE and M/WBE Sub-contractors Subcontractors to be used by CONTRACTOR on this contract, the respective percentages of the total prime contract dollar value to be awarded and performed by each SBE and M/WBE Sub-CONTRACTORSubcontractor, and documentation including a description of each SBE and M/WBE Sub-contractorSubcontractor’s scope of work and confirmation of each SBE and M/WBE Sub-CONTRACTORSubcontractor’s commitment to perform such scope of work for an agreed upon dollar amount is hereby attached and incorporated by reference into the material terms of this Agreement. In the absence of a waiver granted by the SBO during or after the price proposal response (as determined by the City)SBO, failure of a Prime CONTRACTOR to attain this SBE and M/WBE subcontracting goal as required in the solicitation shall render its response non-Responsive. Also, in the absence of a waiver granted by the SBO, failure of a Prime CONTRACTOR to attain a subcontracting goal(s) goal for SBE and M/WBE participation in the performance of its contract or otherwise comply with the provisions of this API shall be considered a material breach of contract, grounds for termination of that contract with the City and shall be subject to any penalties and sanctions available under the terms of the SBEDA Ordinance, its contract with the City or by law. Subcontractor Diversity: The City of San Antonio strongly encourages each bidder to be as inclusive as possible, and to reach out to all segments of the M/WBE community in its efforts to exercise good faith in achieving the SBE subcontracting goal of 24% that has been established for this contract. While the relative availability of ready, willing, and able firms within various ethnic and gender categories will vary significantly from contract to contract based upon the particular trades that are involved, overall in the San Antonio architecture and engineering industry, as reflected in the City’s Centralized Vendor Registration system for the month of December 2017, African-American owned firms represent approximately 2.97% of available subcontractors, Hispanic-American firms represent approximately 12.05%, Asian-American firms represent approximately 1.63%, Native American firms represent approximately 0.50%, and Women-owned firms represent approximately 6.15% of available architecture and engineering subcontractors.