10828-20240222081009 JACKSON PESTICIDES.pdf

Request for Proposals

Mosquito Abatement Services

March 2024

City of Jackson Department of Public Works

Robert Lee, PE, City Engineer

Due Date:

Due Time:

LocaƟon:

March 19, 2024

3:30PM CDT

Office of the Municipal Clerk 219 South President Street Jackson, Mississippi 39201

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CITY OF JACKSON

REQUEST FOR PROPOSALS (RFP)

FOR MOSQUITO ABATEMENT SERVICES

The City of Jackson (City) is requesting proposals from qualified Service Providers to provide mosquito abatement services.

It is the City’s intent to evaluate the proposals based on technical merit, experience, and price and to choose the Service Provider whose proposal provides the best value to the City. The City reserves the right to waive any irregularities, reject any and/or all proposals, in whole or in part, when, in the City’s opinion, such rejection is in the best interests of the City.

Specifications are available for inspection at the Office of the Municipal Clerk, 219 South President Street, Jackson, Mississippi 39201. Specifications and are available for download through Central Bidding online at www.centralbidding.com and at the City of Jackson website, www.jacksonms.gov/bid-opportunities/.

The City of Jackson is committed to the principle of non-discrimination in public contracting. It is the policy of the City of Jackson to promote full and equal business opportunity for all persons doing business with the City. As a pre-condition to selection, each contractor, bidder or offeror shall submit a completed and signed Equal Business Opportunity (EBO) Plan, with the bid submission, in accordance with the provision of the City of Jackson’s Equal Business Opportunity (EBO) Executive Order. Failure to comply with the City’s EBO Executive Order shall disqualify a contractor, bidder, or offeror from being awarded an eligible contract. For more information on the City of Jackson’s Equal Business Opportunity Program, please contact the Office of Economic Development at 601-960-1055. Copies of the Executive Order, EBO Plan Applications and a copy of the program are available at 200 South President Street, Room 223, Hood Building, Jackson, Mississippi.

The City of Jackson, Mississippi (“City of Jackson”) is committed to cultivating and ensuring the quality of life of its citizens, through various programs, employment, initiatives, and assistance. The City encourages all persons, corporations, and/or entities doing business within the City, as well as those who seek to contract with the City on various projects and/or conduct business in the City to assist the City in achieving its goal by strongly considering City residents for employment opportunities.

The City of Jackson hereby notifies all bidders that in compliance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d to 2000d-4 that all bidders will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, or disability in consideration for an award.

All documents shall be submitted in a sealed envelope or box marked “Mosquito Abatement Services.” The Cost Proposal shall be submitted in a separate sealed envelope that will be submitted in the same sealed envelope or box as the Technical

Proposal. This sealed envelope shall be clearly labeled “Cost Proposal” and include the name of the proposer on the outside of the envelope.

Electronic proposals MUST be submitted at www.centralbidding.com. For any questions relating to the electronic bidding process, please call Central Bidding at 225-810-4814.

All proposals (both electronic and physical hard copies) must be received no later than 3:30 p.m. Central Daylight Time, on March 19, 2024. All physical hard copies shall be submitted to the attention of:

If by hand delivery:

City of Jackson Office of the Municipal Clerk 219 South President Street Jackson, Mississippi 39201

If by mail:

City of Jackson Office of the Municipal Clerk Post Office Box 17 Jackson, MS 39205-0017

The City of Jackson reserves the right to reject any and all proposals and to waive any informalities or irregularities therein.

Robert Lee, P.E., City Engineer Department of Public Works

Publication Dates: February 22 and 29, 2024 Publication: Mississippi Link

Proposals Due: Tuesday, March 19, 2024

RFP - March 2024 Page 1 of 8 Mosquito Abatement Program

SECTION 1-INTRODUCTION

1.1 PURPOSE

The City of Jackson (hereaŌer referred to as "City") intends to contract for Mosquito Abatement Services. This Request for Proposals (RFP) will seek responses from proposers who have a proven record of providing Mosquito Abatement Services and who have provided this service successfully for other municipaliƟes. Proposers must comply with the State of Mississippi Department of Environmental Quality PesƟcide General Permit (PGP) for Point Source Discharges to State Waters of Mississippi from the ApplicaƟon of PesƟcides. It is the intent of the City of Jackson to award two (2) contracts,· one for the southern half of the City and one for the northern half of the City. Proposers should submit separate proposals for each contract. However, the City reserves the right to award one contract should one (1) contract for the enƟre City if it is in the best interest of the City.

1.2 BACKGROUND

The City has been providing Mosquito Abatement Services throughout the City for several years. These services target areas within the City boundaries. The services consist of mosquito control acƟviƟes for a seven (7) month period (April through October) to insure the health and welfare of ciƟzens and visitors of the City. These acƟviƟes include, but are not limited to, adulƟcide and larvacide treatment which requires a service provider to establish routes to apply Mosquito Abatement treatment in response to ciƟzen's service requests and requests from the Mississippi Department of Health.

Proposals are being sought from proposers who are in possession of and will maintain licenses and cerƟficates required by the State of Mississippi Department of Environmental Quality and can demonstrate their knowledge and experience in planning and carrying out an effecƟve Mosquito Abatement Services.

1.3 REQUIRED EXPERIENCE AND QUALIFICATIONS

A. QUALIFICATIONS OF PROPOSER

Proposals must contain a statement of qualificaƟon. The proposer should have a minimum of five (5) years of experience in providing the services as outlined in this RFP.

1.4 LOCAL PARTICIPATION

The City's preference is to maximize the engagement of qualified and experienced locally-based companies. The successful proposer will present a teaming strategy that demonstrates engagement of qualified and experienced local minority- and female-owned businesses with the requisite experience and capacity to provide the required scope of services

RFP - March 2024 Page 2 of 8

SECTION 2 -INSTRUCTIONS

2.1 GENERAL

One (1) bound original and five (5) bound copies of the proposal, labeled accordingly and including the required EBO Plan, as well as one unbound signed original EBO Plan, shall be submiƩed in a sealed envelope or box marked "REQUEST FOR PROPOSALS FOR 2024 MOSQUITO ABATEMENT SERVICES".

All proposals must be received IN THE OFFICE OF THE MUNICIPAL CLERK, 219 SOUTH PRESIDENT STREET, JACKSON, MISSISSIPPI 39201 no later than 3:30 p.m. Central Standard Time, on March 18, 2024, to the Office of the City Clerk. All documents should be to the aƩenƟon of:

City of Jackson Office of the Municipal Clerk 219 South President Street Jackson, MS 39201

2.2 PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be held on February 27, 2024, at 3:00 PM CST in the 5th Floor Conference Room of the Warren Hood Building, 200 South President Street, Jackson, Mississippi 39201.

2.3 PROPOSAL CONTENTS

• TransmiƩal LeƩer. TransmiƩal leƩer must clearly designate the primary proposer's point of contact, the primary proposer's authorized representaƟve, locaƟon of primary proposer's place of business, and the name and locaƟon of all subconsultants/subcontractors. The transmiƩal leƩer must be followed by acknowledgement of any published addenda.

• Tab 1: Statement of the Scope. A brief narraƟve staƟng the proposer's understanding of the scope of services for the City's Mosquito Abatement Services requirements.

• Tab 2: Offeror History. Include a narraƟve history of the overall knowledge and capabiliƟes of the proposing service providers including accomplishments of the company, its experience in providing services, and the depth of resources to provide the services solicited by this Request for Proposals.

• Tab 3: QualificaƟons and Experience. The qualificaƟons and experience of proposed service providers as it relates to the required scope of services; recent project experience (minimum of five (5) years) to include project scope, locaƟon, services performed, costs, outcomes achieved, client contacts and references (minimum of three (3)).

• Tab 4: Proposed Work Plan. Describe in detail the proposer's proposed approach for project and task order management as well as a work plan for providing the professional services solicited by this Request for Proposal, including informaƟon that will indicate your team's ability to meet criƟcal milestones, to respond quickly to task assignments, to handle mulƟple tasks concurrently, and to complete tasks on accelerated schedules. Describe experience and approach to accomplishing the required scope of services. Include in your plan a past report detailing acƟviƟes of the scope of work for payout.

• Tab 5: EBO Plan including MBE/FBE uƟlizaƟon.

RFP - March 2024 Page 3 of 8

2.4 RESERVATION OF CITY RIGHTS

A. Award of a professional services contract is subject to the availability of funding.

B. The City reserves the right to request clarificaƟon of informaƟon submiƩed and to request addiƟonal informaƟon of one (1) or more proposers.

C. The City reserves the right to negoƟate the agreement or contract for the project with the next most qualified finalist if the successful finalist does not agree to the terms of an agreement or contract within fiŌeen (15) days aŌer submission of an agreement to such proposer. The City reserves the right to negoƟate all elements of work that comprise the selected RFP.

D. The City reserves the right, aŌer opening the proposals, or at any other point during the selecƟon process, to reject any or all proposals, modify or postpone the proposed project, evaluate any alternaƟves offered, or accept the proposal that, in the City's sole judgment, is in its best interest.

E. The City reserves the right to terminate the agreement or contract if the Consultant/Contractor fails to begin to perform the work described herein within ten (10) days aŌer the City gives the Consultant/Contractor a wriƩen noƟce to proceed.

F. The City may make such invesƟgaƟon as it deems necessary to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City all such informaƟon and data for this purpose as the City may request.

G. The City reserves the right to reject any proposal if the evidence submiƩed by or invesƟgaƟon of such proposer fails to saƟsfy the City that such proposer is properly qualified to carry out the obligaƟons of the Contract and to complete the work contemplated therein.

2.5 ADDITIONAL REQUESTS FOR INFORMATION

All quesƟons concerning this RFP should be submiƩed in wriƟng to Robert Lee, City Engineer at rlee@jacksonms.gov or 200 South President Street, Suite 424, Jackson, MS 39201 by the due date listed.

Failure to adhere to this submiƩal process will not be accepted. Any quesƟons related to this solicitaƟon are to be submiƩed in wriƟng by 4:00PM CST on February 28, 2024, to receive a response. Responses to all quesƟons received will be issued in the form of an Addendum to this RFP. Addenda will only be provided to pre-proposal conference aƩendees and proposal requestors.

2.6 ADDENDA

From Ɵme to Ɵme, one or more addendum may be issued that provide clarificaƟons or supplemental informaƟon about the RFP. Proposers are responsible for reviewing all addenda and acknowledging the receipt of all addenda as part of the proposal submiƩal. Failure to acknowledge receipt of addenda may result in rejecƟon of the proposal.

2.7 TERMS AND CONDITIONS

The City intends to award two (2) contracts; one for the southern half of the City and one for the northern half of the City. However, the City reserves the right to award one (1) contract for the enƟre City if it is in the best interest of the City. The contract term will be for three (3) years with an opƟon to renew for an addiƟonal one (1) year term, subject to approval by the City's governing authoriƟes, not to exceed a total contract Ɵme of four (4) years.

RFP - March 2024 Page 4 of 8

SECTION 3 -REQUIRED SCOPE OF SERVICES

3.1 GENERAL INFORMATION

Proposers shall inform themselves and comply with all perƟnent City regulaƟons and ordinances, State and Federal laws, licenses and tax liabiliƟes which may in any manner affect their proposals and the performance of the work.

3.2 REQUIRED SCOPE OF SERVICES

The successful proposer will demonstrate experƟse and experience in the required scope of services which may include but is not limited to:

A. AdulƟcide Spraying

The base contract will be for seven (7) months (April 1 through October 31). The proposer will be responsible for establishing routes for covering the secƟon of the City limits for which they propose as the City limits may exist during the period of the contract. AdulƟcide spraying shall be performed by truck mounted ULV sprayers. An adulƟcide spraying applicaƟon will be required for each enƟre route once per month. With ForƟficaƟon Street serving as the dividing boundary line, the successful proposer must complete monthly an adulƟcide spraying applicaƟon for the northern half (approximately 600 miles of City streets) or for the southern half (approximately 500 miles of City streets) of the City depending upon the secƟon for which the proposal is submiƩed. The proposer will be responsible for reports to the City Public Works Director or the designee on areas purposed to be covered and area actually covered on a daily basis. Spraying vehicles must be tracked using GPS technology and reports. The proposer will be responsible for supplying all chemicals meeƟng all local, state and federal regulaƟons. The proposer will be responsible for following all requirements set forth by all local, state and federal laws concerning applicaƟon and storage of chemicals being used.

B. Larvacide Treatments

The proposer will be responsible for larvacide treatments during the spraying season to ditches, drainage channels, and areas of standing water designated by the Director of Public Works or the designee. The proposer will be responsible for reporƟng proposed areas to be treated and areas actually treated on a daily basis. A minimum of 300,000 square feet will be treated, with ForƟficaƟon Street, Bullard Street, and Clinton Boulevard serving as the boundary line for the northern half (150,000 square feet) and for the southern half (150,000 square feet). With ForƟficaƟon Street, Bullard Street, and Clinton Boulevard serving as the dividing boundary line, the successful proposer must complete monthly a larvicidal spraying applicaƟon for the northern half (150,000 square feet) or for the southern half (150,000 square feet), depending upon the secƟon for which the proposal is submiƩed. The proposer will be responsible for supplying chemicals necessary for the treatments, which meet all local, state and federal guidelines.

The proposer will be responsible for following all requirements set forth by all local, state and federal laws concerning applicaƟon and storage of chemicals being used.

C. Customer Service Requests

RFP - March 2024 Page 5 of 8

The proposer will be required to operate a "Customer Service Request" telephone Jine for residents to report needed mosquito control acƟviƟes. The proposer will be required to respond to requests within a 24-hour period. All requests and responses to request must be reported to the City on a weekly basis.

D. AddiƟonal Monthly AdulƟcide Spraying and Larvacide Treatment

AddiƟonal months may be added to the spraying season if designated by the Director of Public Works.

All requirements of the adulƟcide and larvacide spraying season must be met within the addiƟonal months.

E. AddiƟonal Hourly AdulƟcide Spraying

AddiƟonal hourly adulƟcide spraying may be authorized to be added to the spraying season or addiƟonal monthly spraying if designated by the Director of Public Works. AddiƟonal hourly adulƟcide spraying will be paid on a per hour per spraying unit basis. AdulƟcide spraying shall be performed by truck-mounted ULV sprayers for addiƟonal street spraying or ATV-mounted ULV sprayers for off-road spraying. All requirements of the adulƟcide spraying season must be met within the addiƟonal hourly adulƟcide spraying. AddiƟonal larvacide treatment will not be included in the addiƟonal hourly adulƟcide spraying.

F. AddiƟonal Larvacide Treatment

AddiƟonal larvacide treatment may be authorized to be added to the spraying season or addiƟonal monthly spraying if designated by the Director of Public Works. AddiƟonal larvacide treatment will be paid on the basis of the square footage of water treated. All requirements of the spraying season larvacide treatment must be met.

G. Mosquito Surveillance

Proposals must provide surveillance using mosquito traps to document and verify mosquito populaƟons and species for the secƟon of the City for which they are proposing. Data produced from surveillance should be used to target mosquito control acƟviƟes for a custom control program. Data is to be provided to the City on a weekly basis.

H. Public EducaƟon Program

Provide public educaƟon concerning mosquito control which may include, but is not limited to, pamphlets, community meeƟngs, public service announcements, etc.

I. Responses to residenƟal calls

Provide a CerƟfied Technician to respond to residenƟal calls for service to include services such as spraying yard with hand held fogger, performing barrier treatments, and applying larvicide treatment to residenƟal standing water.

RFP - March 2024 Page 6 of 8

SECTION 4 -MATERIALS AND EQUIPMENT

Whenever materials or equipment are specified or described in the Contract Documents by using the name of a manufacturer, fabricator, supplier, or distributor, the naming of the item in this manner is intended to establish the type, funcƟon and quality required. Materials or equipment of other manufacturers, fabricators, suppliers, or distributors may be accepted by the City if sufficient informaƟon is submiƩed by the proposer to allow the City to determine that the material or equipment proposed is equivalent to that named in the Contract Documents.

SECTION 5 -EVALUATION

5.1 EVALUATION COMMITTEE

The City's EvaluaƟon CommiƩee will evaluate the proposals received. The selected proposers will be noƟfied.

5.2 EVALUATION SCHEDULE

The targeted schedule for this solicitaƟon is as follows:

RFP Released for Advertisement February 22, 2024

Pre-Proposal Conference March 12, 2024

Written questions/requests for information must be received by 4:00PM CST

March 13, 2024

Proposals Due March 19, 2024

5.3 SELECTION CRITERIA

PROPOSAL EVALUATION CRITERIA -(listed in relaƟve order of importance) SelecƟons will be based on an evaluaƟon of the following criteria:

Criteria Available Points

A. Experience and Qualifications 25 B. Experience Providing Similar Services 20 C. Available Resources to Complete the Project 10

D. Price Proposal 35

E. EBO and MBE/FBE Utilization 10

TOTAL 100

RFP - March 2024 Page 7 of 8

REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: The narraƟve porƟon and the materials presented in response to this Request for Proposal shall be submiƩed in the same order as requested and must contain, at a minimum, the following:

A. EXPERIENCE AND QUALIFICATIONS - 25 POINTS

Provide experience and qualificaƟons of key individual(s) including any licenses, registraƟons, or cerƟficaƟons applicable to the proposed work.

Describe in detail your approach to providing these services.

IdenƟfy the internal policies and procedures that will be used to assure professional compleƟon of the required services.

B. EXPERIENCE PROVIDING SIMILAR SERVICES - 20 POINTS

Provide applicable experience with providing similar services.

IdenƟfy scope and locaƟon of similar services.

List specific references that will be contacted and evaluated.

Show how this past experience relates to the scope outlined herein.

C. AVAILABLE RESOURCES TO COMPLETE SERVICES - 10 POINTS

Describe the analyƟcal tools, resources or methodologies you will use.

Indicate the availability of the resources.

Describe internal measures that will be used to ensure professional compleƟon.

Describe how you will track and report on the fogging route, volume of pesƟcide used and the speed at which the pesƟcide is applied (vehicle speed).

D. PRICE PROPOSAL - 35 POINTS

The Price Proposal shall be submiƩed in a single copy and shall contain the proposed price for performing the work specified in the solicitaƟon.

Numbers shall be stated both in wriƟng and in figures.

The Price Proposal shall be without interlineaƟons, alteraƟons, or erasures.

The prices are to include the furnishing of all materials, equipment, supplies, and all other faciliƟes, and the performance of all labor and services necessary or proper for the compleƟon of the services.

In case of a discrepancy between wriƩen words and figures in the Price Proposal, the amount stated in wriƩen words shall govern. All of the above factors will be considered as elements of a responsible bid at the sole discreƟon of the City. The City's decision shall be final and not subject to recourse by any person, company, or corporaƟon.

E. EBO AND MBE/FBE UTILIZATION - 10 POINTS

Maximum points will be awarded to the proposal maximizing the use of the MBE/FBE in meaningful work under the contract

5.4 SELECTION OF FINALIST(S)

AŌer review of the proposals by the City's EvaluaƟon CommiƩee, the City may, at its sole opƟon, elect to reject all proposals or elect to pursue the services further. In the event the City decides to pursue the services further, the City will select the highest ranked proposer for each secƟon of the City with whom to negoƟate an Agreement or Contract. In the event, the City is unable to reach an agreement with the

RFP - March 2024 Page 8 of 8 selected proposer(s), the City reserves the right, in its sole judgment, to negoƟate with proposers as ranked from highest to lowest, and to proceed so forth, in its sole judgment, unƟl it reaches an agreement that is in the best interest of the City. Once the City has reached an impasse with a proposer with whom it is negoƟaƟng and ends negoƟaƟons with that proposer, the City will no longer negoƟate with that proposer under this RFP.

SECTION 6 -EQUAL BUSINESS OPPORTUNITY

6.1 MINORITY/FEMALE BUSINESS OUTREACH EFFORTS

The City expects proposers to engage locally-based, minority-owned and female owned businesses in a way which builds capacity.

MBE/FBE companies that are interested in providing these services are encouraged to submit their company's name and contact details (name of point of contact, address, telephone and email address) to the EBO Officer Yika Hoover (601) 960-1638 during the pre-proposal conference. The list of interested companies will be distributed by Addendum.

6.2 EQUAL BUSINESS OPPORTUNITY (EBO)

In accordance with SecƟon IV of the City's Equal Opportunity ExecuƟve Order of April 29, 2015, each contractor, bidder or proposer shall submit a completed and signed Equal Business Opportunity Plan with bid submission.

The City is commiƩed to the principle of non-discriminaƟon in public contracƟng. It is the policy of the City to promote full and equal business opportunity for all persons doing business with the City. As a pre-condiƟon to selecƟon, every contractor, bidder or proposer shall submit a completed and signed Equal Business Opportunity (EBO) Plan ApplicaƟon with the bid submission, in accordance with the provisions of the City's Equal Business Opportunity (EBO)

Ordinance. Failure to comply with the City's ordinance shall disqualify a contractor, bidder or proposer from being awarded an eligible contract.

Please see AƩachment A for the EBO Plan ApplicaƟon and more informaƟon about the EBO Program.

AƩachment A

CITY OF JACKSON, MISSISSIPPI

Chokwe Antar Lumumba, Mayor

EQUAL BUSINESS OPPORTUNITY (EBO)

PLAN APPLICATION

Department of Planning and Development

Office of Economic Development

EBO-2 EBO Application

EBO PLAN APPLICATION

CHECKLIST

To ensure that your Equal Business Opportunity (EBO) Plan ApplicaƟon is complete, please check each of the items below:

Waiver Requests _______ If you cannot meet the EBO ParƟcipaƟon Goals, you have checked that you are requesƟng a waiver.

_______ Your Waiver Statement is on your business leƩerhead and includes a clear and valid explanaƟon of why the waiver is requested.

_______ If you have aƩempted to contact but have not reached minority contractors for your proposed project, you have idenƟfied the "good faith efforts" outlined in the EBO Plan ApplicaƟon.

Proposed Minority Contractors _______ If you are a minority primary contractor, your business is not also listed as one of the subcontractors for the project.

_______ The minority contractor(s) that you list is/are currently cerƟfied with the City of

Jackson and in accordance with the execuƟve order. (Contact the Business Development Division at (601) 960-1055 to check the status of your proposed minority contractors.)

_______ Under each proposed MBE/FBE firm, only one minority business type is checked

(for example, you have chosen FBE or AABE, but not both).

MBE/FBE Project ParƟcipaƟon

_______ Your listed MBE/FBE will perform a commercially useful funcƟon (a disƟnct element of work that will be performed, managed, and supervised).

_______ You have provided details for both the type and scope of work the minority contractor will perform.

_______ Your MBE/FBE dollar value of the work to be performed is accurate.

_______ Your total percentages for MBE/FBE parƟcipaƟon are included and accurate.

For more informaƟon contact the City of Jackson EBO Division at 601-960-1055

EBO-3 EBO Application

CITY OF JACKSON, MISSISSIPPI

EQUAL BUSINESS OPPORTUNITY ORDINANCE

LEGAL NOTICE

The City of Jackson is commiƩed to the principle of non-discriminaƟon in public contracƟng. It is the policy of the City of Jackson to promote full and equal business opportunity for all persons doing business with the City. As a pre-condiƟon to selecƟon, every Contractor, bidder or offeror shall submit a completed and signed Equal Business Opportunity (EBO) Plan ApplicaƟon with the bid submission, in accordance with the provisions of the City of Jackson's Equal Business Opportunity (EBO) Ordinance. Failure to comply with the City's ordinance shall disqualify a contractor, bidder, or offeror from being awarded an eligible contract.

For more informaƟon on the City of Jackson's Equal Business Opportunity Program, please contact the Office of Economic Development at 960-1055. Copies of the EBO Ordinance, EBO Plan ApplicaƟon, EBO Program, the MBE/FBE Directory and the MBE/FBE CerƟficaƟon Affidavit are available at 218 South President Street, Second Floor, Jackson, Mississippi.

EBO-4 EBO Application

EQUAL BUSINESS OPPORTUNITY

SPECIAL NOTICE TO BIDDERS

POLICY

The City of Jackson is commiƩed to the principle of non-discriminaƟon in public contracƟng. Therefore, the City of Jackson requests that prospecƟve vendors and contractors carefully examine their method of selecƟng subcontractors and suppliers to ensure that they are not either acƟvely or passively, discriminaƟng against MBEs and FBEs. As a bidder seeking to do business with the City of Jackson, you are expected to adhere to a policy of non-discriminaƟon and to make the maximum pracƟcable effort to ensure that historically underuƟlized firms are given an opportunity to parƟcipate in the performance of contracts financed in whole, or in part, with city funds.

DEFINITIONS

For purposes of this policy, the following definiƟons will apply:

(1) "African American Business Enterprise (AABE)" shall mean a business that is an independent and conƟnuing enterprise for profit, performing a commercially useful funcƟon, and is owned and controlled by one or more African Americans and cerƟfied as such by the Division of Business Development.

(2) "Asian American Business Enterprise (ABE)" shall mean a business that is an independent and conƟnuing enterprise for profit, performing a commercially useful funcƟon, and is owned and controlled by one or more Asian Americans and cerƟfied as such by the Division of Business Development.

(3) "Hispanic Business Enterprise (HBE)" shall mean a business that is an independent and conƟnuing enterprise for profit performing a commercially useful funcƟon and is owned and controlled by one or more Hispanics, as defined in secƟon 127-4 (7), and cerƟfied as such by the Division of Business Development.

(4) "Minority Business Enterprise (MBE)" shall mean a business which is an independent and conƟnuing operaƟon for profit, performing a commercially useful funcƟon, and is owned and controlled by one or more minority group members, as defined in SecƟons 1, 2 and 3, which group has been determined to have suffered discriminaƟon requiring amelioraƟon and is cerƟfied as such by the City.

(5) "Female Business Enterprise (FBE)" shall mean a business that is an independent and conƟnuing enterprise for profit, performing a commercially useful funcƟon, and is owned and controlled by one or more females and cerƟfied as such by the Division of Business Development.

EBO-5 EBO Application

OBLIGATION

The Contractor and any Subcontractor shall take all necessary and reasonable steps to ensure that MBEs and FBEs have a maximum opportunity to compete for and parƟcipate in the performance of any porƟon of the work included in this contract and shall not discriminate on the basis of race, color, naƟonal origin or sex if it is determined that there is a significant underuƟlizaƟon of MBEs and FBEs, the Equal Business Opportunity Officer is empowered, pursuant to secƟon 127-8 of the Equal Business Opportunity Ordinance, to conduct an invesƟgaƟon to determine the reasons for the underuƟlizaƟon.

GOALS

The goals for parƟcipaƟon by MBEs and FBEs are established by the Equal Business Opportunity Ordinance of the City of Jackson. The Contractor shall exercise all necessary and reasonable steps to ensure that parƟcipaƟon meets or exceeds the contract goals. The goals may be aƩained by subcontracƟng to, procuring materials from, and renƟng equipment from MBEs and FBEs. (See Subcontractor/Supplier ParƟcipaƟon guidelines below.)

The Equal Business Opportunity parƟcipaƟon goals are as follows:

PROCUREMENT CATEGORY Asian

(ABE)

African

American

(AABE)

Hispanic

(HBE)

Native American

(NABE)

Female

(FBE)

A/E & Professional Services 0.16 8.67 0.00 0.00 1.96

Construction 0.00 12.41 0.37 0.00 4.89

Goods & Non-Professional Services 0.04 6.78 0.02 0.00 3.03

Those porƟons of the contract that are proposed for MBEs and FBEs in response to this bid shall be listed on the aƩached Equal Business Opportunity Plan ApplicaƟon.

For specific informaƟon about the Equal Business Opportunity Plan, please contact the Office of Economic Development at (601) 960-1638.

Contractors may employ AABEs, HBES, ABEs or FBEs to meet the applicable project goals through various methods, as follows:

A. Subcontractor ParƟcipaƟon

(i) Where a prime contractor uƟlizes one or more subcontractors to saƟsfy its equal business opportunity commitment, the prime Contractor may count toward its EBO Plan only expenditures to MBE (AABE, HBE, or ABE) or FBE contractors that perform a commercially useful funcƟon in the work of the contract.

EBO-6 EBO Application

(ii) An MBE or FBE subcontractor is considered to perform a commercially useful funcƟon when it is responsible for the execuƟon of a disƟnct element of the work of a contract and carries out its responsibiliƟes by actually performing, managing, and supervising the work involved.

In determining whether an MBE or FBE subcontractor is performing a commercially useful funcƟon, factors, including but not limited to the following, will be considered:

(a) the amount of work subcontracted;

(b) the type of prime contract;

(c) whether the business has the skill and experƟse to perform work for which it is being/has been cerƟfied;

(d) whether the business actually performs, manages, and supervises the work for which it is being/has been cerƟfied; and

(e) whether the business purchases goods and/or services from a non-minority/women business enterprise and simply resells goods to the City, city contractor, or other person doing business with the City for the purpose of allowing those goods to be counted towards fulfillment of minority/women business enterprise uƟlizaƟon goals.

(f) standard industry pracƟces.

(iii) Consistent with standard industry pracƟces, an MBE or FBE subcontractor may enter into second-Ɵer subcontracts. If an MBE or FBE subcontractor subcontracts a significantly greater porƟon of the work of its subcontract to a non-minority, non-female-owned firm than would be expected on the basis of standard industry pracƟces, it shall be presumed that the MBE or FBE subcontractor is not performing a commercially useful funcƟon.

B. Suppliers ParƟcipaƟon

Where a prime contractor uƟlizes one or more suppliers to saƟsfy its EBO commitment, in whole or in part, the MBE or FBE supplier parƟcipaƟon may be credited towards the applicable goal as follows:

(i) 100 percent of the contract amount for MBE or FBE suppliers who manufacture the goods supplied.

(ii) 100 percent of the contract amount for MBE and FBE suppliers who are wholesalers warehousing the goods supplied or who are manufacturer's representaƟves, provided that only 25 percent of the applicable MBE or FBE goal may be aƩained by non-manufacturing supplier contracts to MBEs or FBEs.

(iii) For those contracts where an extraordinarily large proporƟon of the contract price is for equipment or supplies, a lower project goal may be set than otherwise would be required, or the 25 percent limit for suppliers may be increased, or a combinaƟon of these two methods may be uƟlized.

EBO-7 EBO Application

C. Joint Ventures and Mentor-Protégé Programs

(i) The Division of Equal Business Opportunity shall encourage, where economically feasible, the establishment of joint ventures and mentor protégé programs to ensure prime contracƟng opportuniƟes for African American, Hispanic, Asian American, NaƟve American, and Female Business Enterprises on all eligible projects over $10,000,000.00. Even if the prime itself is an MBE, a joint venture between prime contractors and MBEs shall be required on all projects exceeding ten million dollars ($10,000,000.00).

(ii) Where a contractor engages in a joint venture to saƟsfy its Equal Business Opportunity

Commitment, the Equal Business Opportunity Officer shall review and approve all contractual agreements regarding:

a. The iniƟal capital investment of each venture partner;

b. The proporƟonal allocaƟon of profits and losses to each venture partner;

c. The sharing of the right to control the ownership and management of the joint venture;

d. Actual parƟcipaƟon of the venture partners in the performance of the contract;

e. The method of and responsibility for accounƟng;

f. The methods by which disputes are resolved; and

g. Other perƟnent factors of the joint venture.

On the basis of these factors, the Equal Business Opportunity Officer shall determine the degree of AABE, HBE, ABE, or FBE parƟcipaƟon resulƟng from the joint venture that may be credited towards the applicable EBO goals of the project.

The bidder or offeror shall provide the Equal Business Opportunity Officer access to review all records pertaining to joint venture agreements before and aŌer the award of a contract reasonably necessary to assess compliance with this policy.

The Equal Business Opportunity Program also encourages Mentor-Protégé programs to assist African- American, Hispanic, Asian American, and Female business enterprises in financing, bonding, construcƟon management, and technical assistance. Mentor-Protégé agreements will be reviewed by the Equal Business Opportunity Officer for final approval of the following terms of each agreement:

(a) type of technical assistance to be provided by mentor;

(b) rights and responsibiliƟes of each mentor and protégé contracƟng acƟvity;

(c) the specific duraƟon of the agreement;

(d) the amount of parƟcipaƟon by the protégé that may be credited toward the applicable

EBO goal.

EBO-8 EBO Application

EQUAL BUSINESS OPPORTUNITY PLAN

In accordance with SecƟon 127-13(1) of the City of Jackson's Equal Opportunity Ordinance, each Contractor, bidder, or offeror shall submit a completed and signed Equal Business Opportunity Plan with bid submission. Such plan should be Ɵtled "Equal Business Opportunity Plan (EBO Plan)" and should include the following:

A. Names, addresses, and contact persons of each African American Business Enterprise, Asian

Business Enterprise, Hispanic Business Enterprise, and Female Business Enterprise to be used in the contract.

B. The type of work or service each African American Business Enterprise, Asian Business Enterprise, Hispanic Business Enterprise, and Female Business Enterprise will perform.

C. The dollar value of the work or service to be performed by each African American Business Enterprise, Asian Business Enterprise, Hispanic Business Enterprise, and Female Business Enterprise.

D. Scope of the work to be performed by each African American Business Enterprise, Asian Business

Enterprise, Hispanic Business Enterprise, and Female Business Enterprise.

Waiver

If the EBO Plan does not meet the project goals, the bidder or offeror must seek a parƟal or total waiver of the project goals. The applicaƟon for waiver of all or part of the project goals must include full documentary evidence of the bidders or offerors good faith efforts (see EBO Plan ApplicaƟon) to meet the project goals and why the request for waiver should be granted. The applicaƟon shall be in wriƟng and submiƩed as a part of the bid or offer. It should include a narraƟve, affidavits and/or exhibits which verify the acƟons taken by the bidder or offeror to meet the goals.

Replacement

If a MBE/FBE Subcontractor cannot perform saƟsfactorily, the Contractor shall take all necessary reasonable steps to replace the Subcontractor with another MBE/FBE Contractor. All MBE/FBE replacements must be approved by the EBO Review CommiƩee and the Department.

To demonstrate necessary reasonable efforts to replace any Subcontractor that is unable to perform successfully, the Contractor must document steps taken to subcontract with another MBE/FBE Contractor.

EBO-9 Form EBO-1

EQUAL BUSINESS OPPORTUNITY PLAN APPLICATION

FORM EBO-1

I. ____________________________________________________________________________

Company Name

Address

City, State Zip

Telephone E-mail

II. Bid Name and Number: _______________________________________________________

III. PROPOSED MINORITY AND/OR FEMALE SUBCONTRACTORS: (SEE FORM EBO-2)

If a prime contractor uƟlizes one or more suppliers to saƟsfy its EBO commitment, all MBE or FBE supplier parƟcipaƟon will be credited in accordance to SecƟon 127-13-1(B) of the EBO Ordinance.

IV. Total Bid Amount: $_______________________________________________

WAIVER REQUESTED V.

If you fail to meet either or all of the EBO ParƟcipaƟon Goals, check this box and follow the direcƟons below to provide the required WAIVER STATEMENT.

The bidder/offeror shall provide the following as evidence of its good faith efforts and will be evaluated on the same:

1. Copies of wriƩen noƟficaƟon to MBEs and FBEs soliciƟng their parƟcipaƟon as a subcontractor.

2. Evidence of efforts made to divide the work into economically feasible units in order to increase the likelihood of meeƟng the EBO parƟcipaƟon goals.

3. Evidence of efforts made to negoƟate with MBEs and/or FBEs, including, at a minimum:

a. The names, addresses, and telephone numbers of the MBE and FBEs who were contacted.

EBO-10 Form EBO-1

b. A descripƟon of the informaƟon provided to MBEs and FBEs regarding the plans and specificaƟons for porƟons of the work to be performed.

c. A statement of reasons why addiƟonal agreements with MBEs and FBEs, if needed to meet the stated goals, were not reached.

d. Evidence of efforts made to assist the MBEs and FBEs contacted who need assistance in obtaining bonding and insurance, which the bidder or offeror requires.

e. For each MBE and FBE contacted, which the bidder or offeror considered to be not qualified, include a wriƩen statement of the reasons for the bidder's or offeror's conclusion.

f. WriƩen quotes solicited from all MBEs and FBEs seeking subcontract work with Prime Contractors at the Ɵme of the bidding.

g. A statement with supporƟng documentaƟon and affidavits indicaƟng whether the offeror has used MBEs and/or FBEs as joint venture partners or subcontractors in past or present private sector contracts in Jackson.

VI. Minority and Female Business Enterprise Actual ParƟcipaƟon for this Bid/Offer/Proposal:

Please list your MBE and FBE Project ParƟcipaƟon percentages (%) in the Table below.

PROCUREMENT

CATEGORY

Asian

(ABE)

African American

(AABE)

Hispanic

(HBE)

Native American

(NABE)

Female

(FBE)

A/E & Professional Services

Construction

Goods & Non- Professional Services

VII. CERTIFICATION

I cerƟfy, under penalƟes of perjury, that the informaƟon contained in this Equal Business Opportunity Plan ApplicaƟon is true and accurate to the best of my knowledge and that my company fully intends to uƟlize all MBEs and FBEs listed if awarded the proposed project and/or service.

Authorized Signature and Title Title

Print Authorized Name Date

Copy Form as Needed to Add Additional Firms Form EBO-2

FORM EBO-2

Proposed Minority/Female Business Enterprise Firms

Address

City, State Zip

Contact Person

Type Minority Business (MBE/FBE): Type Minority Business Involvement

Female (FBE) Subcontractor

African American (AABE) Joint Venture

Asian (ABE) Supplier

Hispanic (HBE) Mentor Protégé

NaƟve American (NABE)

Type Work or Service to be Performed:

Scope of Work to be Performed:

Dollar Value of the Work to Be Performed by the Minority Business (MBE and/or FBE): $ ______________________________

Percentage of MBE and/or FBE ParƟcipaƟon: _____________________%

Copy Form as Needed to Add Additional Firms Form EBO-2

FORM EBO-2

Proposed Minority/Female Business Enterprise Firms

Address

City, State Zip

Contact Person

Type Minority Business (MBE/FBE): Type Minority Business Involvement

Female (FBE) Subcontractor

African American (AABE) Joint Venture

Asian (ABE) Supplier

Hispanic (HBE) Mentor Protégé

NaƟve American (NABE)

Type Work or Service to be Performed:

Scope of Work to be Performed:

Dollar Value of the Work to Be Performed by the Minority Business (MBE and/or FBE): $ ______________________________

Percentage of MBE and/or FBE ParƟcipaƟon: _____________________%