Loading...
HomeMy WebLinkAbout02-078RESOLUTION NO. 02-78 A RESOLUTION ESTABLISHING THE ST. LUCIE COUNTY DISADVANTAGED BUSINESS ENTERPRISES ("DBE") PROGRAM FOR UNITED STATES DEPARTMENT OF TRANSPORTATION ASSISTED CONTRACTS AND AUTHORIZING THE SUBMISSION OF THE DBE PROGRAM TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR FINAL APPROVAL WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 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. 3. The DBE Program will ensure that DBEs have an equal opportunity to receive and participate in DOT-assisted contracts in St. Lucie County. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby approves and adopts the St. Lucie County Disadvantaged Business Enterprise Program 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 United States Department of Transportation for review and approval. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman CliffBames Commissioner Paula A. Lewis Commissioner Frannie Hutchinson Commissioner John D. Bmhn AYE AYE ABSENT AYE ABSENT ATTEST: DE¸ PASSED AND DULY ADOPTED this 26th day of February, 2002. -j?~.~ 'NOO_v/~ST. LUCIE COUNTY, FLOmDA g:\atty~resolmL2002\02-78.wpd APPROVE'~AS TO LEGAL FORM AND C~)UNTY~?RNEY 2 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA This Disadvantaged Business Enterprise ("DBE") Program has been adopted to insure compliance with 49 CFR Part 26, the United States Department of Transportation DBE rule for the St. Lucie County. This program does not apply to concessionaires which are governed by 49 CFR Part 23. Section 1. Definitions. The terms used in this Program shall have the meanings set forth in 49 CFR 26.5. A copy of these regulations are available in the St. Lucie County Purchasing Director's Office. 4ffiliation has the same meaning as used in the Small Business Administration (SBA) regulations, 13 CFR Part 121. Except as otherwise provided in 13 CFR Part 12, concerns are affiliates of each other when, either directly or indirectly: One concern controls or has the power to control the other; or A third party or parties controls or has the power to control both; or, An identity of interest between or among parties exists such that affiliation may be found. In determining whether affiliation exists, it is necessary to consider all appropriate factors, including common ownership, common management, and contractual relationship. Affiliates must be considered together in determining -whether a concern meets small business size criteria and the statutory cap on the participation of firms in the DBE program. Compliance means a recipient has correctly implemented the requirements of this Plan. Commerciall_¥ UsefulFunction means work performed by a DBE firm in a particular transaction that, in light of industry practices and other relevant considerations, has a necessary and useful role in the transaction, i.e., the firm's role is not a superfluous step added in an attempt to obtain credit toward DBE goals. If, in the County's judgment, the firm (even though an eligible DBE) does not perform a commercially useful function in the transaction, no credit toward the goal may be awarded. Contract means a legally binding relationship obligating a seller to furnish supplies or services (including, but not limited, to construction and professional services) and the buyer to pay for them. Contractor means one who participates, through a contract or subcontract (at any tier), in a DOT- -1- assisted program. Disadvantaged Business Enterprise (DBE) means a for-profit small business concern: That is at least fifty-one percent (51%) owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which fifty-one percent (51%) of the stock is owned by one or more such individuals; and Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. DOTmeans the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA). DOT-Assisted Contract means any contract between the County and a contractor (at any tier) funded in whole or in part with DOT financial assistance, including letters of credit or loan guarantees, except a contract solely for the purchase of land. GoodFaith Effort means efforts to achieve a DBE goal or other requirement of this Plan which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the Plan requirement. Immediate Family Member means a father, mother, husband, wife, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, mother-in-law, or father-in-law. Joint Venture means an association ofa DBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills, and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. Noncompliance means a recipient of DOT fmancial assistance has not correctly implemented the requirements of 49 CFR Part 26. Operating Administration (OA) means any of the following parts of DOT: the Federal Aviation Administration (FAA), Federal Highway Administration (FHWA), and Federal Transit Administration (FTA). The "Administrator" of an OA includes his or her designees. PersonalNet Worth means the net value of the assets of an individual remaining after total liabilities are deducted. An individual's personal net worth does not include: the individual's ownership interest in an application or participating DBE finn; or the individual's equity in his or her primary place of residence. Any individuals' personal net worth includes only his or her own share of assets -2- held jointly or as community property with the individual's spouse. Primary IndustrF Classification means the four digit Standard Industrial Classification (SIC) code designation which best describes the primary business of a firm. The SIC code designations are described in the Standard Industry Classification Manual. Prima~ Recipient means a recipient which receives DOT financial assistance and passes some or all of it on to another recipient. Principal Place o_fBusiness means the business location where the individuals who manage the firm's day-to-day operations spend most working hours and where top management's business records are kept. If the offices from which management is directed and where business records are kept are in different locations, the recipient will determine the principal place of business for DBE program purposes. Program means any undertaking on a recipient's part to use DOT financial assistance, authorized by the laws to which this part applies. Recipient means any entity, public or private, to which DOT financial assistance is extended, whether directly or through another recipient, through the programs of the FAA, FHWA, or FTA, or who has applied for such assistance. Secreta~_ means the Secretary of Transportation or his/her designee. Small Business Administration (SBA) means the United States Small Business Administration. SmallBusiness Concern means with respect to firms seeking to participate as DBEs in DOT-assisted contracts, a small business concern as defined pursuant to Section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR Part 121) that also does not exceed the cap on average annual gross receipts specified in 49 CFR Part 26.65(b). Socially and Economically Disadvantaged Individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: Any individual who a recipient finds to be socially and economically disadvantaged individual on a case-by-case basis. Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: "Black Americans", which includes persons having origins in any of the Black racial groups of Africa. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South America, or ot~her Spanish or Portuguese -3- o o culture or origin, regardless of race. "Native Americans", which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians. "Asian-Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar) Vietnam, Laos, Cambodia, (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Bmnei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong. "Subcontinent Asian-Americans", which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka. Women. Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such times as the SBA designation becomes effective. Section 2. Objectives/Policy Statement (26.1, 26.23) St. Lucie County has established a Disadvantaged Business Enterprise ("DBE") Program for St. Lucie County, in accordance with regulations of the U.S. Department of Transportation ("DOT"), 49 CFR Part 26. The County has received federal financial assistance from the Department of Transportation, and as a condition of receiving such assistance, the County has executed an assurance that it will comply with 49 CFR Part 26. It is the policy of the County to ensure that DBEs, as defined in Part 26.5, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also the County policy: 2. 3. 4. 5. 6. To ensure nondiscrimination in the award and administration of DOT assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT assisted contracts; and, To assist the development of firms that can compete successfully in the market place outside the DBE Program. The County's Purchasing Director has been designated the County's DBE Liaison Officer. In that capacity, the Purchasing Director is responsible for implementing all aspects of this DBE Program. Implementation of the DBE Program is accorded the same priority as compliance with all other legal -4- obligations incurred by the County in its financial assistance agreement with DOT. The Purchasing Director has disseminated this policy statement to the Board of County Commissioners and all the department directors and division managers. In addition, this program has been distributed to the DBE and non-DBE business communities that perform work for the County on DOT assisted contracts in the County using the following methods: Publication on County's website Copies available in the Purchasing Director's Office and County Purchasing Division Office for review by perspective bidders. Copies submitted to area business and trade associations Section 3. Nondiscrimination. (26.7) The County will never 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 26 on the basis of race, color, sex, or national origin. In administering its DBE Program, the County 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. Section 4. DBE Program Updates. (26.21) The County will continue to carry out the Program until all funds from DOT financial assistance have been expended. The County will provide updates to DOT regarding any significant changes in this Program. Section 5. Quotas. (26.43) The County does not use quotas in any way in the administration of this DBE Program. Section 6. St Lucie County DBE Liaison Officer(DBELO). (26.45) The County has designated the following individual as its DBE Liaison Officer (DBLO): Michael A. Rath Purchasing Director 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 (561) 462-1700 TDD (561) 462-1428 E-mail: Rathm~co.st-lucie.fl.us -5- In that capacity, the Purchasing Director is responsible for implementing all aspects of the DBE Program and ensuring that the County complies with all provisions of 49 CFR Part 26. The Purchasing Director has direct, independent access to the County Administrator concerning DBE Program matters. An organizational chart displaying the DBELO's position in the organization of the County is found in Attachment "A" to this Program. The DBELO is responsible for developing, implementing and monitoring the DBE Program, in coordination with other appropriate County officials. The duties and responsibilities of the DBELO include the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Gather and report statistical data and other information as required by DOT. Review third party contracts and purchase requisitions for compliance with this Program. Ensure that bid notices and requests for proposals are available to DBEs in a timely manner. Identify contracts and procurement so that DBE goals are included in solicitations (both rate-neutral methods and contractor specific goals) and monitor results. Analyze the County' s progress toward goal attainment and identify ways to improve progress in meeting such goals. Participate in pre-bid meetings. Advise the County Administrator and Board of County Commissioners on DBE matters and achievements. Participate with the County Attorney and relevant project director(s) to determine contractor compliance with good faith efforts. Provide DBEs with information and assistance in preparing bids, obtaining bonding and insurance. Plan and participate in DBE training seminars. Provide outreach to DBEs and community organizations advise them of opportunities. Make available to the public the County's updated directory of certified DBEs. Section 7. Federal Financial Assistance Agreement Assurance. (26.13) The County has signed the following assurance, applicable to all DOT assisted contracts and their administration: The County 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 recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure no discrimination in the award and administration of DOT assisted contracts. The recipient's DBE Program, as required by 49 CFR Part 26 and as approved by DOT is incorporated herein by reference in this agreement. Implementation of this Program is a legal -6- obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department ir, ay 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.). If the County has sub recipients for a project and/or program funded under a DOT assisted contract, the above language shall appear in financial assistance agreement with such sub-recipients. Section 7. DBE Financial Institutions. It is the policyofthe County to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT assisted contracts to make use of these institutions. Section 8. Directory. (26.25) The County contracts with Demand Star by Onvia, and does not maintain a directory at this time. Section 9. Over concentration. (26.33) The County has not identified Over concentration in the local area. Section 10. Business Development Program. (26.35) The County does not have a Business Development Program. Section 11. Required Contract Clauses. (26.13, 26.29) 1. Contract Assurance The County 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 beach of this contract, which may result in the termination of this contract or such other remedy as the County deems appropriate. -7- 2. Prompt Payment The County will include the following clause in each DOT assisted prime contract: The Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime contractor received from the County. The Contractor agrees further to return retainage payments to each subcontractor within ten (10) 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 following written approval of the County. This clause applies to both DBE and non-DBE subcontractors. Failure to comply with this requirement shall be considered a breach of the contract and the Contractor will be subject to the provisions of Paragraph __ Section 12. Monitoring and Enforcement Mechanisms. (26.37) The County will notify DOT of any false, fraudulent, or dishonest conduct in connection with the Program, so that DOT may take the steps (e.g., referral to the Department of Justice for crin-dnal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in Rule 26.109. The County will also consider similar action under it own legal authorities, including responsibility determinations in future contracts. Section 13. Overall Goals. (26.45) The District LAP Administrator will review each project to determine if it involves work elements that are conductive for DBE participation. To initiate this review, the County must submit to the District LAP Administrator, when the contract work is determined, an engineer's estimate with the item quantities and costs of the project. The District LAP Administrator will, in consultation with the County, establish a DBE goal for the project. In the establishment of a goal, the following criteria are considered: (1) dollar amount of the contract to ensure that it is large enough to permit efficient subcontracting; (2) the work content of the project which can be subcontracted; and (3) the availability of DBE firms in the project area having the potential to do the required work. If County determines the goal set by the District LAP Administrator for the project is too high, it may submit a request to have it lowered. This request must be accompanied by justification based on the criteria for establishing the contract goal. The County achieve the goal for each project or document a good faith effort. The District LAP Administrator must achieve the Department's overall Federal cumulative goal on all projects each -8- year. Amount of goal St. Lucie County's overall goal for FY 2001 is the following:. 5% of the Federal financial assistance will be expended in DOT-assisted contracts. This figure was calculated using actual available DBEs, able to participate in the DOT-assisted contracts for the goal period. Method The following is a summary of the method used to calculate this goal: Fort Piece-Port St. Lucie Metropolitan Statistical Area (IvlSA) consists of Fort Pierce, Port St. Lucie St. Lucie County and Martin County St. Lucie County (572 square miles) Martin County is (572 square miles). Between the 1990 census and the 2000 census St. Lucie County experienced a 28% increase in population and Martin County experienced a 25.6 % increase. The County's economy is based on Service industries, Retail Trade and Government. The County shall use Census Bureau Data to calculate the relative availability of DBE's ("base figure") for "step 1" of the process (see 26.45(c)). The base figure is a percentage figure calculated by dividing a number representing available DBE's by a number representing all available firms. The data source(s) used to derive the denominator in the calculation shall include the following SIC codes and all Florida Counties found in the Census Bureau's CBP database: · 0780 · 1500 · 1610 · 1794 · 1795 · 2950 · 3253 · 3270 · 3440 · 3640 · 4200 · 5030 · 5060 · 8711 · 8713 Landscape and horticultural services General Contractor Highway and street construction Excavation Wrecking and demolition work Asphalt paving and roofing materials Ceramic wall and floor tile Concrete, gypsum and plaster products fabricated structural metal products Electric lighting and wiring equipment Trucking and warehousing Lumber and conshmction materials Electrical goods Engineering services Surveying services -9- Based upon the two DOT-assisted projects (Installation of Security Fencing and Runway Construction) for the goal period, the calculated relative availability percentage is 5% (see Attachment B for actual data used). Section 15. Process. The County shall submit its overall goal to DOT on August 1 of each year, except in cases where an FTA or FAA recipient submits a project goal. Before establishing the overall goal each year, the County will consult with professional consultants, minority, women's and general contractor groups, community organizations, other local governmental entities who maintain goals on projects, the St. Lucie County Chamber of Commerce, FAA Civil Rights Office, and DBE Office of the Florida Department of Labor to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the County's efforts to establish a level playing field for the participation of DBEs in contracting opportunities. Following this consultation, the County 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 Purchasing Director's office for thirty (30) days following the date of the notice, and informing the public that the County and DOT will accept comments on the goals for forty-five (45) days from the date of the notice. The notice will be published in local newspapers. The County will issue the notice by June 1 of each year. The notice will include the addresses to which comments may be sent and addresses (including offices and web-sites) where the proposal mgy be reviewed. The County's overall goal submission to DOT will include a summary of information and comments received during this public participation process and the County's response to such comments. The County will begin using its overall goal on October 1 of each year, unless it has received other instructions from DOT. Section 15. Breakout of Estimated Race-Neutral and Race-Conscious Participation. The County will meet the maximum feasible portion of its overall goal by using race-neutral means of facilitating DBE participation. The County uses the following race-neutral means to increase DBE participation: mo Arrange solicitation, time for the presentation of bids, quantities, specifications and delivery schedules in way which facilitate DBE and other small businesses' participation. B. Provide technical assistance and other services. C. Provide information on contracting procedures and specific contract oppommities. -10- D. Ensure distribution of the DBE Directory to potential prime contractors. The County estimates that it will obtain one hundred percent (100%) of its overall DBE goal from race-neutral participation. The County will adjust the estimated breakout of race-neutral and race-conscious participation as needed to reflect actual DBE participation [see 25.4I(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 makAng the award. Section 16. Contract Goals. (26.51) The County will use contract goals to meet any portion of the overall DBE goal the County does not project being able to meet using race-neutral means. Contract goals are established so that over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the County's overall goal that is not projected to be met through the use of race-neutral means. The County will establish contract goals only on those DOT assisted contracts that have subcontracting possibilities. The County will not need to establish a contract goal on every such contract, and the size of contract goal 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 County will express its contract goals as a percentage of the total amount of a DOT assisted contract. Section 17. Good Faith Efforts. (26.53) 1. Information to be Submitted. The County treats bidders/offerors' compliance with good faith efforts requirements as a matter of responsiveness. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information with the bid or proposal: mo B. C. D. The names and addresses of DBE firms that will participate in the contract; A description of the work that each DBE will perform; The dollar amount of the participation of each DBE firm participation; Written and signed documentation of commitment to use a DBE subcontractor whose participation if submits to meet a contract goal; -11- Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and, If the contract goal is not met, evidence of good faith efforts. Financial information pertaining to the personal net worth of each majority owner of each firm used. 2. Demonstration of Good Faith Efforts. 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 DBELO will be responsible for determining whether a bidder/offeror who has not met the contract goal had documented sufficient good faith efforts to be regarded as responsive. The County will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before the County commits to the performance of the contract by the bidder/offeror. 3. Administrative Reconsideration. Within ten (10) days of being informed by the County that it is not responsive 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 following reconsideration official: Michael A. Rath, Purchasing Department Director, 2300 Virginia Avenue, Fort Pierce, FL 34982; (561) 462-1700. The reconsideration official will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith effort. As part of this reconsideration, the bidder/offeror 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 bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The County will send the bidder/offeror a written decision on reconsideration, explaining the basis for find that the bidder/offeror did or did not meet the goal or made adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the DOT. 4. Good Faith Efforts When a DBE is Replaced on a Contract. The County wilt 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. The County -,viii require the prime contractor to notify the DBELO immediately of the DBE's inability or unwillingness to -12- perform and provide reasonable documentation. In such instances, the County will require the prime contractor to obtain the County's prior approval of the substitute DBE and to provide copies of new or amended subcontract, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the County Purchasing Director will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contract still fails to comply, the contractor will be considered to be in breach of the contract and the contract wilt be subject to termination. Section 18. Counting DBE Participation. (26.55) The County will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. Section 19. Certification. (26.61-26.91) The County will adopt the Unified Certification Program pursuant to 49CFR Part 26 and all attachments there in. Process. The County will forward all applications for DBE certification to Florida Department of Transportation (FDOT), Unified Certification Program pursuant to 49 CFR part 26, Article 3 Section 1.3. Attachment "C" to this program Unified Certification Program The County will adopt the Unified Certification Program pursuant to 49 CFR Part 26 and all attachments there in. Certification Appeals. The County will forward all applications for DBE certification appeals to Florida Department of Transportation (FDOT), Unified Certification Program pursuant to 49 CFR part 26,Article 3 Section 1.3. Attachment "C" to this program Recertification. The County will forward all applications for DBE recertification to Florida Department of Transportation (FDOT), Unified Certification Program pursuant to 49 CFR part 26,Article 3 Section 1.3. Attachment "C" to this program -13- 5. "No Change" Affidavits and Notices of Change. The County will adopt the Unified Certification Program pursuant to 49CFR Part 26 and all attachments there in. 6. Personal Net Worth. The County will adopt the Unified Certification Program pursuant to 49CFR Part 26 and all attachments there in. Section 19. Information Collection and Reporting. 1. Bidders List The County contracts with Demand Star by Onvia, therefore, therefore does not maintain a bidders list. 2. Monitoring Payments to DBEs The County will require prime contractors to maintain records and documents of payments to DBEs for three (3) years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the County or DOT. This reporting requirement also extends to any certified DBE subcontractor. The County will maintain a running tally of actual payments to DBE firms for work committed to them at the time of contract award. The County will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. 3. Reporting to DOT. The County will report DBE participation to DOT as follows: FAA Projects - Submit annually DOT Form 4630, as modified for use by FAA recipients. Section 20. Confidentiality. Th County will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. Notwithstanding any contr ~ary provisions of state or local law, the County will not release personal -14- financial information submitted in response to the personal net worth requirement to a third party (other than DOT) without the written consent of the submitting party Section 21. A. B. C. Attachments. Organizational Chart Goal Calculation Proposed Florida Unified Certification Program ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: DATE: CHAIRMAN APPROVED AS TO FORM AND LEGAL CORRECTNESS: COUNTY ATTORNEY -15- 0 O3 ~m ATTACHMENT B State of Florida USDOT Recipients Unified Certification Program Pursuant to 49 CFR Part 26 Approved: Secretary, U.S. Department of Transportation By, This Day of 2002 Florida UCP Agreement 011602 fdot/eoo Date Prepared: February 6, 2002 Page 1 of 25 ATTACHMENT C ATTACHMENT A