3-Exhibit CIP 26-012.pdf

EXHIBIT CIP I

BID SUBMISSION INSTRUCTIONS for DPSD COMMUNITY INCLUSION PROGRAM

DPSD Community Inclusion Program was designed to ensure that the local community derives economic benefit from contract participation with goods and services procured with school funds.

EDBE PARTICIPATION

DPSD Community Inclusion Program has two major initiatives. The first is the utilization of disadvantaged Firms in DPSD contracts. The District’s goal for this solicitation is 20% participation with Economically Disadvantaged Business Enterprises (EDBE). Each contractor is expected to utilize good faith efforts to solicit and engage EDBE(s) as vendors/suppliers to meet this goal. Please review the criteria for Good Faith Effort Determination IV included in Exhibit IP included in this document.

The EDBE Participation form, located in Exhibit IP section of the bid specifications, should be used to record participation of EDBE subcontractors. The completed form should be submitted at the time bid, and should contain all relevant data, including EDBE name, types of service or supplies, or construction, amount of contract to EDBE and % of EDBE contract to base bid. If the Qualifications do not include a firm price, the anticipated scope of service and estimated percentage to base bid should be indicated.

WORKER UTILIZATION

In addition to the EDBE goal, the DPSD Community Inclusion Plan has a goal, when applicable, for 25% of on-site workforce associated with the procurement to be DPSD residents. Estimated percentage of on-site workforce should be entered in the appropriate section of the EDBE/Workforce participation form.

FORM COMPLETION

The EDBE/EDGE Provider and Workforce Participation form should be completed as indicated above, and must be signed by an authorized company agent and witnessed and signed by a public notary. The bidder should provide copies of request for quotes, phone logs, fax verification forms and other supporting documents which can be used in the determination of good faith efforts (See Good Faith Effort Determination IV document) Upon award of contract, firms will be required to complete a manpower utilization form for on-site hours worked by all staff, where applicable.

SPECIAL NOTE: There will be certain conditions, such as sole source, industry related restrictions, availability of resources that could adversely affect, or eliminate the potential of utilization of EDBEs. In all cases, the bidder should submit the Provider and Workforce participation form, indicating any limitations for consideration and determination of good faith effort by the DPSD evaluation team. Failure to submit the form could be lead to the determination of ―bidder non-responsiveness‖, or ―no good faith effort‖.

26-012 Printing and Bulk Mailing Services

VENDOR CERTIFICATION

The DPSD Community Inclusion program uses race/gender neutral measures to meet good faith effort goals for subcontracting. Currently the District will accept the City of Dayton PEP certification for S/DBE firms http://www.cityofdayton.org/departments/hrc/Pages/ContractCompliance.aspx as well as, State of Ohio EDGE http://eodreporting.oit.ohio.gov/searchEDGE.aspx certification toward our inclusion goals. Visit the respective links for a list of current certified contractors. A copy of the certification of each firm listed on the EDBE/Workforce Participation form is to be submitted with the form.

CONTACT INFORMATION

Any questions regarding the Community Inclusion Program, certified EDBEs or required documentation for bid submission should be addressed to: Terri Allen, Director; DPSD Purchasing & Contract Administration Tallen@dps.k12.oh.us

26-012 Printing and Bulk Mailing Services http://www.cityofdayton.org/departments/hrc/Pages/ContractCompliance.aspx http://eodreporting.oit.ohio.gov/searchEDGE.aspx mailto:TAllen@DPS.K12.OH.US

EXHIBIT CIP II

DEFINITIONS TO PROVIDERS FOR DPSD COMMUNITY INCLUSION PROGRAM

1.0 Diversity and Inclusion Goals/Outreach to Economically Disadvantaged Business Enterprises and Local Businesses and Local Residents.

1.1 Purpose. The Owner is committed to assuring that all qualified workers, providers of goods and services, suppliers, contractors, subcontractors have an equal opportunity to participate on the Project and have established The Community Inclusion Program (the “Program”) in furtherance of this commitment. In addition to the foregoing, the Program is established for four primary purposes: (1) equal opportunity for employment on all Projects; (2) promoting the participation of Economically Disadvantaged Business Enterprises (as defined in capable of providing labor, materials, and services in connection with the Project; (3) advancing local economic revitalization, and achieving non-discrimination in the award and administration of Project contracts to include Local Businesses; and

(4) to provide meaningful job opportunities for workers whose tax dollars fund the construction who are Local Residents.

1.2 Goals. The goal of the Program is to achieve 35% participation in the project at all levels by Economically Disadvantaged Business Enterprises. Further, the goal as it relates to on-site workforce participation by Local Residents is twenty-five percent (25%) participation. While the Owner encourages Economically Disadvantaged Business Enterprises and Local Businesses to participate in the Project as Prime bidders, all Bidders, whether they are themselves an Economically Disadvantaged Business or not, are required by the Program to use good faith efforts to locate and engage the services of Economically Disadvantaged Business Enterprises and (to employ Local Residents) that are ready, willing, and able to supply labor, materials, and services in connection with the Project.

These goals are not race-based or gender-based quotas or set-asides. Each Bidder must demonstrate its good faith efforts to meet or exceed these goals. Although, failure of a Bidder to meet these goals shall not be a reason for rejection of bid, failure to meet good faith effort requirements will be considered in the determination of bidder responsiveness and/or responsibility.

2.1 Definitions

2.2 “Economically Disadvantaged Business Enterprise” or “EDBE” means an enterprise that is at least 51% owned and controlled directly or indirectly by one or more individuals, each with a personal net worth equal to or less than $750,000. Personal net worth includes any personal net worth of the individual’s spouse but does not include (1) the individual’s ownership interest in the enterprise being considered in connection with the contracting opportunity or

(2) the individual’s equity in his or her primary residence. Additionally, a contingent liability does not reduce an individual’s personal net worth. For purposes hereof, the word “enterprise” means a sole proprietorship, joint venture, partnership, limited liability company, or corporation that has been in business for at least one year prior to the date of contract award and that meets the size limitations of the Small Business Administration set forth in 13 CFR 121.201. Currently the District will accept certifications from both the City of Dayton S/DBE and State of Ohio EDGE, as certification for the DPSD Community Inclusion Program.

2.2 “EDGE Certification” means an enterprise that having met the criteria of the State of Ohio’s Encouraging Diversity Growth and Equity is a certified EDGE business.

2.3 "Local Resident" means (a) a person who resides in the school district of the Owner; (b) a person who resides in Montgomery County

2.4 "Local Business" means (i) a business entity having its principal place of business in the territory of the school district of the Owner; (ii) a business entity having its principal place of business in the City of Dayton; or (iii) a business entity having its principal place of business the County of Montgomery, without limiting or expanding the definition of Local Business or Local Resident, the Owner’s stated purpose relating to Local Business and Local Resident participation is to provide meaningful contracting/subcontracting and job opportunities for business and individuals whose tax dollars fund the construction. Related, but secondary, purposes and goals are to include those who are a Local Resident or Local Business described in (b), and (ii) and (iii), of this Section 1.2.3.

3.0 Good Faith Efforts. Each Bidder must make good faith efforts to locate, engage, and retain Economically Disadvantaged Business Enterprises and Local Businesses in connection with the Project. The Bidder’s compliance with the requirement to make these good faith efforts shall be a matter of low Bidder responsibility..

Each Bidder will be required to complete the DPSD EDBE Participation Form (contained within this Project Manual and following these Instructions to Bidders) to: (i) provide a list of supplier/subcontractors said low Bidder intends, in good faith, to use who are Economically Disadvantaged Business Enterprises and/or an EDGE Business; or (ii) provide a description of a joint venture said low Bidder intends, in good faith, to enter into with an Economically Disadvantaged Business Enterprises and/or an EDGE Business; or (iii) certify as to good faith efforts made; including but not limited to all EDBE/EDGE contractors contacted, if not used, reason why; attempts to negotiate with EDBE/EDGE contractor, attempts to carve out a smaller scope of work for which the EDBE/EDGE contractor can perform., and the intent to use local residents. (A complete list of criteria for determining good faith efforts is contained within this Project Manual and following these instructions to bidders.) The DPSD Participation Form must be signed by an authorized agent of the company, as well as signed and sealed by a certified notary public, documenting the attempts to meet the goals of utilization of Economically Disadvantaged Business Enterprises and/or EDGE Business.

4.0 Forms Required. Each Bidder shall submit with the bid, a DPSD EDBE/EDGE Provider and Workforce Participation Form indicating the Bidder fulfills the requirement of the DPSD Community Inclusion Program.

All Bidders who are awarded a contract may be required to submit periodic reports during the term of the Contract to the Office of Diversity or a Program office to be established by the Owner. If this Qualifications results in contracted firms employees working at a DPSD site, a Manpower Utilization form will be required monthly (see copy in this section). All Bidders who are awarded a Contract with the Owner may be required to submit a Contract Completion Survey (to be provided by the Owner after all work is completed. Failure to provide any requested information about utilizing Economically Disadvantaged Business Enterprises, Local Businesses and Local Residents during the Contract term, can be a determination of contractual deficiency and may require a remedy, or contract termination as determined by the owner.

5.1 Race-Neutral Devices: The Owner supports the use of race-neutral devices to aid Economically Disadvantaged Business Enterprises and Local Businesses in the bidding process, to the extent that such devices are legal and economically feasible. In order to facilitate the participation of such businesses, the Owner will do the following:

5.2 Advertise and promote the availability of Project prime contracts, subcontracts and employment in a broad-based manner to include Economically Disadvantaged Business Enterprises and Local Businesses;

5.3 Hold meetings and provide other resources to acquaint Economically Disadvantaged Business Enterprises and Local Businesses with the requirements and Scope of Work, and coordinate such efforts with organizations familiar with and willing to reduce the problems Bidders may experience in getting quotes from Economically Disadvantaged Business Enterprises and Local Businesses in the course of bidding the Work;

5.4 Provide apprenticeship support and referral resources to Local Residents who maintain a certain level of participation and are actively seeking licensure and assistance;

5.5 Publicize capacity building programs in a broad-based manner for the purposes of notifying Economically Disadvantaged Business Enterprises, Local Businesses and Local Residents and coordinate efforts with other organizations such as MCBAP, SCOMBC, and NAACP, among others, in the Dayton area that have capacity building programs;

5.6 Break down the scope of large prime Contracts within the Project into smaller contractual parts to facilitate the participation of Economically Disadvantaged Business Enterprises and Local Businesses;

5.7 Arrange adequate time for the submission of bids and specifications review so as to facilitate the participation of Economically Disadvantaged Business Enterprises and Local Businesses;

5.8 Require bidders on Project prime contracts to use good faith efforts to locate and engage the services of Economically Disadvantaged Business Enterprises, Local Businesses and Local Residents ready, willing and qualified to supply labor, materials and services in connection with the Project. The Goals include no less than thirty-five (35%) participation of Economically Disadvantaged Business Enterprises. and Local Businesses and twenty-five percent (25%) workforce participation by School District Residents.

5.9 Develop and implement outreach programs for the economically disadvantaged business community;

5.10 Actively seek out and include qualified Economically Disadvantaged Business Enterprises and Local Businesses on bid invitation publications that are also available to the public in general and ensure that Goals are understood by all Bidders; and

5.11 Provide resources and information to Economically Disadvantaged Business Enterprises and Local Businesses and Local Residents seeking opportunities to participate on this project.

EXHIBIT CIP III

GOOD FAITH EFFORTS DETERMINATION

DPSD and/or it authorized compliance district will utilize the following factors, as consistent with Ohio Revised Code 123:2-16-09 in the determination of a contractor’s good faith efforts to meet the goals of the DPSD Community Inclusion program. Determination of good faith efforts will be made by information provided on and with the DPSD EDBE/EDGE Participation form to be completed and provided with the respondents bid.

Additional supporting documentation may be required at the request of the Diversity Office.

1. The bidder utilized reasonable and available means to identify and solicit all certified EDBE/EDGEs* business enterprises that have the capability to perform the work of the contract by providing copies of written notification that their interest in the subcontract is solicited.

2. The bidder must provide evidence of efforts to divide the work into economically feasible portions of the contracted work to increase the likelihood of the participation by EDBE/EDGEs certified business enterprises.

3. Evidence that the bidder provided all appropriate certified EDBE/EDGE business enterprises with adequate information about the plans, specification and requirements of the contract in time for EDBE/EDGE certified business enterprises to bid on the project.

4. The bidder negotiated in good faith with interested certified EDBE/EDGEs business enterprises. To demonstrate good faith negotiations, the contractor shall provide the evidence of such negotiations, including but not limited to:

5. Names, addresses, dates, and telephone numbers of the EDBE/EDGEs certified business enterprises considered.

6. A description of the information provided to the EDBE/EDGEs bidder regarding the RFQ/Bid specifications for portions of the work to be performed;

7. A statement of the reasons why additional agreements with EDBE/EDGEs were not reached; and

8. Copies of written quotes from all EDBE/EDGEs seeking subcontract work with prime at the time of the bidding

9. The bidder or contractor shall properly evaluate an interested certified EDBE/EDGE business enterprise as being qualified for the work of the contract. A bidder must give equal consideration to an EDBE/EDGE certified business enterprise regardless of it’s standing within an appropriate industry, membership, or affiliation in a business, union, social or political group. A written statement of the reasons an EDBE/EDGE’s quote was not accepted, must be documented and submitted.

10. Evidence that the bidder utilized the services of the District and/or its authorized representative and/or organization that provides contractor assistance in the identification and recruitment of EDBE/EDGE certified business enterprises.

11. The bidder utilized the list of qualified EDGE certified business enterprises as provided by the equal employment opportunity division of the department of administrative services.**

12. Evidence of efforts to assist EDBE/EDGE’s who need assistance in obtaining bonding and/or insurance which the bidder requires.

*EDBE/EDGE; DPSD will accept State of Ohio EDGE certification as well as other EDBE, SDBE certifications. Any question regarding acceptable certification should be addressed to the Director of

Purchasing & Contract Administration

**Imperative to the determination of good faith efforts is the contractor’s attempt to identify and engage

EDBE/EDGE certified business enterprises. Consistent with this effort will be the contractor’s contact of the

District’s Purchasing Office at 937-542-3020.