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HomeMy WebLinkAbout06-178 RESOLUTION NO. 06-178 A RESOLUTION AMENDING RESOLUTION NO. BY AMENDING THE ST. LUCIE COUNTY DISADVANTAGED BUSINESS ENTERPRISES (''DBE'') PROGRAM FOR UNITED STATES DEPARTMENT OF TRANSPORT A TION ASSISTED CONTRACTS AS APPLIED TO THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE SUBMISSION OF THE AMENDED DBE PROGRAM TO THE FEDERAL A VIA TION ADMINISTRATION CIVIL RIGHTS OFFICE FOR REVIEW AND APPROVAL WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. Pursuant to 49 CFR Section 26.21, entities who receive funding from the United States Department of Transportation ("DOT") through the Federal Highway Administration, Federal Transit Administration, and/or the Federal Aviation Administration at or above specified levels and let DOT-assisted contracts are required to adopt Disadvantaged Business Enterprise ("DBE") Programs in accordance with the provision of 49 CFR Part 26. 2. In accordance with 49 CFR Section 26.21, the County is required to adopt a disadvantaged business enterprise ("DBE") program for such federally assisted projects to ensure that DBEs have an equal opportunity to receive and participate in DOT-assisted contracts in St. Lucie County. 3. On February 26, 2002, the Board adopted Resolution No. 02-78 which established a DBE Program in accordance with 49 CRF Section 26.21. 4. The DBE Program provides for the County's Purchasing Directorto serve as theDBE Liaison Officer. 5. The County receives significant funding from the Federal Aviation Administration and State of Florida Department of Transportation for the St. Lucie County International Airport. 6. In light of the unique nature of the Airport projects, it is appropriate to amend the DBE Program to identify the Airport Director as the DBE Liaison Officer for Airport projects. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1 1. This Board hereby approves and adopts the amendments to the DBE Program to identify the Airport Director as the DBE Liaison Officer for St. Lucie County International Airport projects as attached hereto and incorporated herein as Exhibit "A." 2. This Board directs the County Administrator to submit the St. Lucie County Disadvantaged Business Enterprise Program to the Federal Aviation Administration Civil Rights Office for review and approval. After motion and second the vote on this resolution was as follows: Chainnan Doug Coward Vice Chainnan Cris Craft Commissioner Paula A. Lewis Commissioner Joseph Smith Commissioner Frannie Hutchinson AYE ABSENT AYE AYE AYE PASSED AND DULY ADOPTED this 23rd day of May, 2006. g:\attylresoltn\2005\06- t 78. wpd BY: APPROVED AS TO LEGAL FORM AND CORRECTNESS: ~ðe ~ COUNTY ATTORNEY 2 FY 2006 FEDERAL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE St Lucie County International Airport St Lucie County, Florida DRAFT FOR COMMENT SUBMITTED - MARCH 7, 2006 REVISED APRIL 21,2006 TABLE OF CONTENTS Introduction.................................................................................................................. ........... 1 Definitions of Terms........................................,.........................................................,............. 2 Objectives I Policy Statement........ ...... .......... ............. ....... ........... ....... ................ ............... .... 2 Non-Discrimination................................................................................................................. 3 Federal Financial Assistance Agreement Assurance.............................................................. 3 Contract Assurance ....... ... ........... ,. ... ... ...... .......... .............. ........... ....... ........................... ........ 4 DBE Program Updates..................... ... ...... ... .......... ...........................................,.................... 4 DBE Liaison Officer (DBELO)......................................................................................,.......... 4 DBE Financial Institutions ..............................................................................,.............,.......... 5 Directory .........................................................................,..............,..................,...'.............. 6 Overconcentration ............................................................................................,..................... 6 Monitoring and Enforcement Mechanisms..............................................,..,.............,.............. 6 Quotas .............................................................................................................................. 7 Overall Goals..........................................................,............................................................... 7 Contract Goals........................................................................................................................ 12 Good Faith Efforts.....,..... ...................................... ....... .................................,................'....... 13 Information Collection and Reporting...................................................................................... 14 Counting DBE Participation .................,.........................,........................................................ 17 Certification...................................,..,..,...................................................,..,..,..,...................,. 17 Unified Certification Program.........,..................................................................................,..... 17 Certification Appeals............................,........................................,..........,..............,..,............ 18 Confidentiality...............................................................................................................,......... 18 Appendicies ................................,......................................,..........,............,..........................,. 19 DBE Plan - St Lucie County Florida State Airports Federal Fiscal Year 2006 Introduction The St Lucie County which operates St Lucie County International Airport, located in the State of Florida, has developed this DBE Plan for Construction, Equipment Procurement and Professional Service Contracts in accordance with regulations of the United States Department of Transportation (DOT) 49 CFR Part 26, "Participation by Disadvantaged Business Enterprise in DOT Programs" (hereinafter referred to as Part 26). The St Lucie County has received several grants for development at this airport located in the State of Florida under the Airport Improvement Program (AlP) and as a condition of the grant agreement; ST LUCIE COUNTY INTERNATIONAL AIRPORT signed an assurance that it will comply with the provisions of Part 26. All reference sections indicated within the body of this document are directly correlated to the subsections found in Part 26. DBE Plan - St Lucie County Florida State Airports Federal Fiscal Year -2006 1 Definitions of Terms Document The terms used in this program have the meanings defined in 49 CFR 26.5. Obiectives/Policv Statement /26.1,26.23) The St Lucie County International Airport has established a Disadvantaged Business Enterprise (DB E) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The Airport has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the Airport has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the St Lucie County International Airport to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy; 1. To ensure nondiscrimination in the award and administration of DOT assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; and 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Airport Director of the St Lucie County International Airport has been designated as the DBE Liaison Officer for the Airport. In that capacity, the Airport Director is responsible for implementing all aspects of the DBE program associated with Federally Funded projects at the airport. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Airport in its financial assistance agreements with the Department of Transportation. The Airport has disseminated this policy statement to the Board of County Commissioners. We will participate as a non-certifying member in the State Unified Certification Plan; publish notice of this policy; work with prime contractors to identify DBE participation opportunities in appropriate trades; and will otherwise distribute this policy statement to DBE and non-DBE businesses that perform work for us on DOT-assisted contracts. Diana Lewis AAE, Airport Director (Date) DBE Plan - St Lucie County Florida State Airports Federal Fiscal Year -2006 2 Nondiscrimination. /26.7) The Airport will not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the Airport will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex or national origin. ReportinQ to DOT /26.11 & 26.37) The Airport will report DBE participation to DOT as follows: The Airport will submit annually DOT Form 4630, as modified for use by FAA recipients. Federal Financial Assistance AQreement Assurance /26.13) The St Lucie County International Airport has signed the following assurance, applicable to all DOT- assisted contracts and their administration: The Airport shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT assisted contract or in the administration of its DBE Program or the requirements of 49 CFR part 26. The St Lucie County shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts. The Airport's DBE Program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Airport of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 3 Required Contract Clauses (26.13 - 16.29 Contract Assurance 126.13) The St Lucie County International Airport will ensure that the following clause is placed in every DOT- assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. DBE Proaram Updates 126.21) The St Lucie County International Airport will continue to carry out this program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing significant changes in the program. DBE Liaison Officer IDBELO) 126.25) The St Lucie County Board of County Commissioners has designated the following individual as its DBE Liaison Officer for the St Lucie County International Airport. Diana D. Lewis, AAE Airport Director Sf. Lucie County International Airport 3000 Curtis King Boulevard Ff. Pierce, FL 34946 Phone: (772) 462-1732 Fax: (772)462-1718 Email: LewisD@stlucieco.gov In this capacity, Diana Lewis is responsible for implementing all aspects of the DBE program and ensuring that the Airport complies with all provisions of 49 CFR Part 26. Diana Lewis is the Airport Director empowered to act concerning DBE program matters. An organization chart displaying the DBELO's position in the organization is found in Appendix 1 to this program. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required by DOT; 2. Reviews third party contracts and purchase requisitions for compliance with this program; 3. Assists in setting overall annual goals; 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner; 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race- neutral methods and contract specific goals) and monitors results; DBE Pian - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 4 6, Analyzes the 5t Lucie County International Airport's progress toward goal attainment and assists in ways to improve progress; 7. Ensures participation in pre-bid meetings by appropriate Airport personnel; 8. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance; 9. Provides outreach to DBEs and community organizations to advise them of opportunities; 10. Maintains the Airport's bidders lists to include DBEs; 11. Provides DBE and MBEIWBE participation report forms to the state and the FAA. Prompt Pavment /26.351 We will include the following clause in each DOT-assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contractor receives from the Airport. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause. This clause applies to both DBE and non-DBE subcontractors. DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 5 Directory /26.311 The St Lucie County is a non-certifying member of the Florida UCP. The County will use the DBE Directory from the FDOT web site as its official DBE Directory. The State of Florida Department of Transportation; Office of Equal Opportunity maintains a directory identifying all firms that are eligible to participate as DBEs in federally funded contracts. The directory lists the firm's name, address, and phone number, county they will perform work in, and the type of work the firm has been certified to perform as a DBE. An updated directory may be obtained at http://www11.mvflorida.com/eaualopportunityoffice or upon written request to the ST LUCIE COUNTY INTERNATIONAL AIRPORT DBELO. Diana D. Lewis, AAE Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 Phone: (772) 462-1732 Fax: (772)462-1718 Email: LewisD@stlucieco.gov Over Concentration /26.331 The St Lucie County International Airport has not identified an over concentration of DBE firms in required service specialty areas. Mentor-Protéaé Proaram (26.35) To date the Airport has not established a program element addressing Business Development Programs. MonitorinQ and Enforcement Mechanisms /26.371 The Airport will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. The Airport will also consider similar action under its own le9al authorities, includin9 responsibility determinations in future contracts. The Airport will consider all available and appropriate legal remedies that include, but are not limited to, liquidated damages provisions, suspension and/or termination of contracts, and debarment, depending on the non-compliance issue. DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 6 Monitorinll Pavment to DBE's (26.37) The St Lucie County International Airport requires prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. Any authorized representative of the St Lucie County International Airport or DOT will make these records available for inspection upon request. This reporting requirement also extends to any certified DBE subcontractor. The Airport will keep a running tally of actual payments to DBE firms for work committed to them at the time of contract award. The St Lucie County International Airport will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure the actual amount paid to DBE subcontractors equals the amount reported. Overall Goals (26.41) Quotas (26.43) St Lucie County International Airport does not use quotas in any way in the administration of this DBE program. Amount of Goal (26.45) The Airport's overall goal for its FY 2006 is 14.1 % of the federal financial assistance we will expend in DOT-assisted contracts. The overall goal is applicable to all DOT-assisted contracts, including contracts for construction, professional services and equipment. ST LUCIE COUNTY INTERNATIONAL AIRPORT anticipates the letting of DOT-assisted contracts totaling $6,650,00000 during FY 2006 based on the approved Airport Capital Improvement Program (ACIP) on file with the FAAlFDOT. (See break-out below) Based on this amount, the expected value of work by DBE's on the FY 2006 projects that are to be fully or partially funded with federal funds shall be $937,650.00 (0.141 x $6,650,000.00). Method The following is a summary of the method used to calculate this goal: Establishing the overall goal includes a two-step process in which a base goal is calculated and then is consequently adjusted. For the first step, determination of the base goal, Example 1 from Section 26.45 was followed. The number of available DBE's that are listed as willing to perform work in St Lucie County for construction/professional services work was derived from the State of Florida Department of Transportation, Office of Equal Opportunity directory. A further review of firms was made to determine which of the firms that can be used on the programmed Airport-related consulting and construction contracts. The determination was based on review of the Airport's Bidders Lists, FDOT DBE directory and discussions with contractors on the firm's capabilities. DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 7 Following is a list of projects in which ST LUCIE COUNTY INTERNATIONAL AIRPORT will receive Federal or State funds during its FY06: Proiect Contract Amount Update ALP UDdate $50,967.00 Construct Runway 9L-27R - Phase 1 $6,500,000 FPR Perimeter Security Fence $99,033.00 Total $6,650,000.00 Professional Services: The entire state was used as the market area for Professional services (NAICS 541330) due to the specialty requirements for aviation related design services. Data was obtained from the State of Florida Department of Transportation, Office of Equal Opportunity directory and supplemented with design firms listed with the Florida Airports Council. They are comprised of Architectural (NAICS 54131), Engineering (NAIC 54133), Surveying and Mapping (NAICS 54137), Testing Laboratories (NAICS 54138). See Appendix 2. The data for the total firms available (denominator) and the DBE firms available (numerator) were extracted based on the Airport's "market" area in the same NAICS codes where activity will occur for the project programmed for FY 06. Construction Services: Data was obtained from the State of Florida Department of Transportation, Office of Equal Opportunity directory. The data for the total firms available (denominator) and the DBE firms available (numerator) were extracted based on the Airport's "market" area in the same NAICS codes where activity will occur for the project programmed for FY 06. Market area for construction services was determined from firms that listed that they would perform work in St Lucie County. Consideration was given to what Contractors are financially able to prime a project. DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 8 The goal was then weighted based on percentage of services as follows (See Appendix 2) NAICS Percentage of Total DBE/ Project Specialty Description Funded Amount Total Code Firms Update ALP 541330 Engineering/Plann 0.77% 3/39 ino RW 9L-27R 23731 Hiohwav 24.44% 1/16 23891 Site Prep 73.31% 3/18 541512 Comcuter/ IT 0.34% 1/6 Security Fencing 23821 Electrical Prime 0.09% 3/13 23821 Electrical 1.02% 2/15 550 Fence 0.04% 1/5 Therefore the weiahted methodoloav is: {0.0077*3/39 + 02444*1/16 + 0.7331*3/18 + 0.0034*1/6 + 0.0009*3/13 + 0.0102*2/15 + 0.004*1/5} = 14.1% Step 2 Examination of Available Evidence to determine what adiustment if any is needed to the base fiaure We made no further adjustments to the base figure because the last disparity study completed for the State of Florida is dated 1997, and we do not have current evidence of disparities affecting the ability of DBEs to grow, form and compete. Process - aoal settina due date (26.45 (1)(1) Before establishing the overall goal each year, the Airport will consult the Florida Department of Transportation (FDOT), Bid Listing publications, contractors' organizations and other agencies to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the Airport's efforts to establish a level playing field for the participation of DBEs. Following this consultation, the Airport will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the office of the Airport for 30 days following the date of the notice, and informing the public that the Airport and DOT will accept comments on the goals for 45 days from the date of the notice. The Airport will notify the public of the comment period through the newspapers and other state publications. We also anticipate utilization of the Internet for public notification. Normally, we will issue this notice by June 1 of each year. The notice will include addresses where comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The Airport will advertise its DBE Plan in the Fort Pierce Tribune, Port St Lucie News and the Florida Courier (Minority Publication). DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 g LEGAL NOTICE ST LUCIE COUNTY Disadvantaged Business Enterprise (DBE) Plan Fiscal Year 2006 Goal Statement A 14.1 % percent disadvantaged business enterprise (DBE) overall utilization goal for federally funded airport improvement projects at the St Lucie County International Airport has been established for the 2006 Federal fiscal year per the requirements of 49 CFR Part 26. The methodology used to derive this goal can be reviewed for thirty (30) days following the date of this notice at the Airport offices located at 3000 Curtis King Boulevard Fort Pierce, FL. 34946. Comments concerning the overall goal will be accepted for fifteen (15) days following the completion of the thirty (30) day notice period at the address provided above. All firms, both DBE and non-DBE are invited to contact the St Lucie County for information regarding bidding opportunities on federally funded airport improvement projects. ST lUCIE COUNTY INTERNATIONAL AIRPORT's overall goal submission to DOT will include a summary of information and comments received during this public participation process and our responses. ST lUCIE COUNTY INTERNATIONAL AIRPORT will begin using our overall goal on October 1 of each year, unless we have received other instructions from DOT. ST lUCIE COUNTY INTERNATIONAL AIRPORT will also construct an outreach program designed to improve upon our DBE participation rates in the future to the extent feasible. To ensure that ST lUCIE COUNTY INTERNATIONAL AIRPORT will achieve its DBE/MBEIWBE participation goals, we will take the following steps: 1. Refer Bidders to the State Unified Certification Program/Directory to obtain DBE/MBEIWBE firm listings. 2. Conduct pre-project conferences that can be attended by representatives of various State and community organizations associated with minority business enterprises, along with representatives from minority business development centers, minority contractors, majority contractors, and labor organizations. The purpose of these conferences will be to familiarize all interested parties with the specific project, its DBE/MBEIWBE objectives, schedule, applicable prevailin9 wage and types of work to be performed. These conferences will also afford the different groups an opportunity to identify themselves to one another. 3. Direct minority/women contractors who may not be able to qualify or not desire to bid a particular package in its entirety to provide their names to all other prospective bidders for that package as a minority contractor who has expressed an interest in bidding a portion of the work. 4. Encourage alliances between prime contractors and small minority/female contractors who do not yet have the capacity for a large prime contract. 5. Provide resources for minority firms to review plans and specifications and obtain additional information about bid packages. DBE Plan - 5t Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 10 6. Encourage brokers/surety firms to assist development of DBE/MBE/ WBE contractors of all levels of obtaining a bonding status. 7. Assist local banks that have made commitments to work with DBE/ MBEIWBE firms and their financing needs. 8. Regularly monitor contractors to see that they are meeting contractual obligations to minority and female firms. Part of the success of our minority and woman business participation will depend on our involvement in the counties surrounding the airports, and our involvement with the State Unified Certification Program. We will also outreach to the following organizations: · National Association for the Advancement of Colored People · National and Local Chambers of Commerce · Urban League (both national and local) · Minority Business Enterprise Magazine · Black Contractors Association · National Association of Women in Construction (NAWIC) · National Association of Minority Contractors (NAMe) DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 11 Transit Vehicles (26.49) The Airport does not anticipate the need to purchase transit vehicles. Breakout of Estimated Race-Neutral and Race-Conscious Participation (26.51) The Airport will meet the maximum feasible portion of its overall goal by using race-neutral means of facilitating DBE participation. The Airport estimates that, in meeting the overall goal of 14.1 %, the airport will obtain 0% from race- neutral participation and 14.1% through race-conscious measures, The airport will adjust the estimated breakout of race-neutral and race-conscious participation as needed to reflect actual DBE participation (see §26.51 (f)) and will track and report race-neutral and race- conscious participation separately. For reporting purposes, race-neutral DBE participation includes, but is not necessarily limited to, the following: DBE participation through a prime contract a DBE obtains through customary competitive procurement procedures; DBE participation through a subcontract on a prime contract that does not carry a DBE goal; DBE participation on a prime contract exceeding a contract goal; and DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE status in making the award. Contract Goals (26.51) The Airport will use contract goals to meet any portion of the overall goal that the Airport does not project being able to meet using race-neutral means. Race-neutral means, utilized by this airport to ensure we meet the maximum feasible portion of our overall goal include, but are not limited to, the following: 1. Advertising potential contracts in the Florida Courier, which is a local periodical that is available to DBE's and other small business to make them aware of work opportunities. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of our overall goal that is not projected to be met through the use of race-neutral means. Subsequent contracts will be monitored and adjusted accordingly should the goal be met or exceeded. The Airport will establish contract goals only on those DOT-assisted contracts that have subcontracting possibilities. We need not establish a contract goal on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The Airport will express our contract goals as a percentage of the Federal share of a DOT assisted contract. DBE Plan - 5t Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 12 Good Faith Efforts (26.53)(b) Information to be Submitted (b)(1) The Airport treats bidder/offerors' compliance with good faith efforts requirements as a matter of responsibility. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information: 1. The names and addresses of OBE firms that will participate in the contract; 2. A description of the work that each OBE will perform. 3. The dollar amount of the participation of each OBE firm participation 4. Written and signed documentation of commitment to use a OBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the OBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. Demonstration of Good Faith Efforts (26.53\!appendix-A) The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26. The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsible: Diana D. Lewis, AAE Airport Director Sf. Lucie County International Airport 3000 Curtis King Boulevard Ff. Pierce, FL 34946 Phone: (772) 462-1732 Fax: (772)462-1718 Email: LewisO@stlucieco.aov The Airport will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before we commit to the performance of the contract by the bidder/offeror. DBE Plan - 5t Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 13 Administrative Reconsideration /26.53 /d\(1) Within 10 days of being informed by the Airport that it is not responsible because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the Airport. The official responsible for the reconsideration will not have played any role in the original determination that the bidder/proposer did not document sufficient good faith efforts. As part of this reconsideration, the bidderlofferor will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidderlofferor will have the opportunity to meet in person with the Airport's reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Administrative Reconsideration Official will send the bidderlofferor a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. A copy of the decision will be provided to the Airport. The result of the reconsideration process is not administratively appealable to the Department of Transportation. Good Faith Efforts When a DBE is Replaced on a Contract /26.53) The Airport will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. We will require the prime contractor to notify the DBE Liaison Officer immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation, In this situation, the Airport will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the Airport's contracting officer will issue an order stopping all our part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. Information Collection and Reporting (26.53) Bidders List /26.11© & .53/b)/2) The St Lucie County International Airport will create a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on DOT-assisted contracts. The purpose of this requirement is to allow use of the bidders list approach to calculating overall goals. The bidders list will include the name, address, DBE/non-DBE status, age, and bonding capacity of firms. We will collect this information in the following ways: 1. Inclusion of a contract clause requiring prime bidders to report the name, address, type of business, and DBE non-DBE status of all firms who quote to them on subcontracted items. 2. The Airport, or their representatives, will collect the data submitted in Step 1 and collect additional information from the DBE firms, as well as non-DBE primes and subcontractors, via a direct mail survey. The additional information requested might include DBE certification information (if DBE Plan - 5t Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 14 certified by another recipient agency), type of work performed by firm, gross annual revenues, age of firm, and the bonding capacity of the firm. A sample questionnaire follows, 3. The Airport shall annually publish a legal notice as an invitation to DBE and non-DBE firms to obtain information regarding bidding opportunities on federally funded projects at the airport. This notice shall be done in conjunction with the annual Statement of DBE Goals. DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 15 Questionnaire St Lucie County International Airport Fort Pierce, Florida As part of a recent bid form received by the St Lucie County International Airport, your firm submitted a bid or provided a price quote to another firm(s) submitting bids on a Federally-funded project. Per the requirements of 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in DOT Programs ", the St Lucie County has established a DBE plan. This plan is updated annually to reflect the actual local bidding conditions and the availability of qualified firms, which are ready, able and willing to participate in Federally-funded projects at the airport. The information below will assist the Airport in maintaining an accurate directory of firms bidding, or are interested in the opportunity to participate in these projects. Please provide the following information: Name of Firm: Address: Contact Person: Phone: ( Fax: ( DBE Certifications (include expiration date): Type of Work Done by Firm: Age of Firm: Bonding Capacities of Firm: Max. Single Contract: Max. Aggregate: Please remit this information to: Diana D. Lewis, AAE Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, FL 34946 Your participation in this effort is appreciated and will help establish realistic DBE goals for future projects for St Lucie County International Airport. DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 16 CountinQ DBE Participation 126.551 The St Lucie County International Airport will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. Certification 126.61 . 26.911 The State of Florida Department of Transportation Office of Equal Opportunity administers the Unified Certification Program. The St Lucie County International Airport is a non-certifying member of the Unified Certification Program (UCP) and will utilize their DBE Certification Process. Firms wishing to be certified, as a DBE Owned Business must comply with CFR 26.61-26.91 as published in the Federal Register on February 2, 1999. Those firms seeking to be qualified, as a Florida Certified DBE Owned Business should contact the following department of the State of Florida: Equal Opportunity Office Florida Department of Transportation 605 Suwannee SI., MS-65 Tallahassee, FL 32399-0450 Personal Net Worth (PNW) (26.670(2)(b)(1)(2) Statement of Personal Net Worth will be obtained and administered through the UCP. UCP (26.81) The St Lucie County International Airport is a non-certifying member participating in the State of Florida Department of Transportation Unified Certification Program (UCP). The UCP provides for certification and maintains an online directory. Further information can be obtained at www.11mvflorida.com/eaualoPPortunitvoffice. Re-certifications 126.831hl The St Lucie County International Airport will utilize the UCP to determine the eligibility of firms as DBEs consistent with the standards of Subpart D. No ChanQe Affidavits and Notices of ChanQe 126.83 )(j) All DBEs shall be required to inform the Sf Lucie County International Airport, in a written affidavit, of any change in its circumstances affecting its ability to meet size, disadvantaged status, ownership or control criteria of 49 CFR Part 26 or of any material changes in the information provided with the DBE's application for certification. The St Lucie County International Airport also requires all owners of all DBEs that have been certified to follow state UCP guidelines for recertification that meet the requirements of §26,83U). Notification of obligations will occur from the UCP. This notification will inform DBEs that to submit the "no change" affidavit, their owners must swear or affirm that they meet all regulatory requirements of Part 26, including personal net worth. Likewise, if a firm's owner knows or should know that he or she, or the firm, fails to meet a Part 26 eligibility requirement (e.g., personal net worth), the obligation to submit a notice of change applies. DBE Plan - 5t Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 17 Process - Remove a DBE's EIiQibilitv (26.87) The St Lucie County International Airport will follow the procedures outlined in the UCP and consistent with Section 26.87. For information about the certification process or to apply for certification, firms should contact the State of Florida Department of Transportation. DOT Certification ADDeals 26.89 Any firm or complainant may appeal the State of Florida's decision in a certification matter to DOT. Such appeals may be sent to: Department of Transportation Office of Civil Rights Certifications Appeals Branch 400 7'h Street, SW - Room 2104 Washington, DC 20590 The State of Florida will promptly implement any DOT certification appeal decisions affecting the eligibility of DBEs the Airport's DOT-assisted contracts. DBE Plan - 5t Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 18 APPENDIX 1 ST LUCIE COUNTY INTERNATIONAL AIRPORT'S ORGANIZATION CHART DBE Plan - St Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 19 CLERK OF THE CIRCUIT COURT FINANCE DEPARTMENT PROPERTY APPRIASER ST. LUCIE COUNTY ORGANIZATIONAL CHART COUNTY ATTORNEY STRATEGY & SPECIAL PROJECTS OFFICE OF MANAGEMENT AND BUDGET HUMAN RESOURCES I RISK MANAGEMENT INFORMATION TECHNOLOGY PURCHASING CENTRAL SERVICES MAINTENANCE I CUSTODIAL SERVICE GARAGE PUBLIC SAFElY ANIMAL CONTROl CENTRAL COMMUNICATIONS EMERGENCY MANAGEMENT MARINE SAFETY RADIOLOGiCAl PlANNING BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR MEDIA RELATIONS RESIDENTS OF ST. LUCIE COUNTY (Elected Officials) SUPERVISOR OF ELECTIONS AUTHORITIES I DISTRICTS MOSQUITO CONTROl DISTRICT EROSION DISTRICT ENVIRONMENTAL CONTROL BOARD (THE BOARD OF COUNTY COMMISSIONERS SITS />S THE BOARD OF EACH OF THESE DEÆNDENT DISTRICTS) RESEARCH & EDUCATION PARK PORT AIRPORT DBELO COUNTY EXTENSION OFFICE ENVIRONMENTAl RESOURCES OXBOW ECO-CENTER SOLID WASTE & RECYCLING UTILITY SERVICES PUBLIC WORKS ADMINISTRATION CODE COMPlIANCE ENGINEERING ROID AND BRIDGE IS TORMWATER MGT. TAX COLLECTOR SHERIFF COMMUNITY SERVICES VETERAN SERVICES LIBRARY SERVICES CULTURAL AFFAIRS MUSEUMS SLC MARINE CENTER GROwrH MANAGEMENT ADMINISTRATION TOURISM & ECON. DE\ÆLOPMENT PlANNING PARKS & RECREATION ADMINISTRATION CIVIC CENTER FAIRGROUNDS FAlRWINDS GOLF C LAVoM'M)OD F.S PARKS RECREATION SAVANNAS S. COUNTY REG. STADIUM TRADITION FIELD (SPORTS COMPLEX) APPENDIX 2 PROFESSIONAL AND CONSTRUCTION SERVICES FIRMS THAT WILL PERFORM WORK IN ST LUCIE COUNTY * Source: FDOT Disadvantaged Business Directory and Florida Airports Council for aviation architectural/engineering firms DBE Plan - 5t Lucie County International Airport Fort Pierce, Florida Federal Fiscal Year -2006 20