HomeMy WebLinkAbout74-90 RESOLUTIONRESOLUTION NO. 74-90
A RESOLUTION APPROVES THE DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM REQUIRED BY THE
FEDERAL GOVERNMENT FOR CONTINUED AIRPORT
FEDERAL GRANT FUNDING.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Board of Directors hereby approves
the Disadvantaged Business Enterprise Program as required by the
federal government for continued Airport Federal Grant Funding. A
copy of the program procedures authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this ]S+h day of May , 1990.
APPROVED:
By : G//a1000%l/. 244
Mayor
ATTEST:
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FAYETTEVILLE MUNICIPAL AIRPORT
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
RECITALS
1. It is the policy of the Department of Transportation
("DOT") to encourage and increase Disadvantaged Business Enterprise
("DBE") participation in the contracts and programs that it funds.
2. DBEs have traditionally been under represented as owners
and managers of business in the United States of America and as DOT
- assisted contractors. To overcome this situation, and in
furtherance of the public policy on this subject, the Office of the
Secretary, DOT, has issued 49 C.F.R. Part 23, entitled
Participation by Minority Business Enterprise in Department of
Transportation Programs as amended.
3. The City of Fayetteville desires to establish a written
plan whereby the above stated DOT objectives may be furthered at
Fayetteville Municipal Airport in capital improvement projects
funded by the Federal Aviation Administration ("FAA") under the
Airport Improvement Program ("AIP").
Therefore, the City of Fayetteville (hereinafter sometimes
referred to as ("Recipient") hereby adopts the following DBE
program:
1. Submission of Plan to DOT for approval.
The following DBE program shall be submitted to the U.S.
Department of Transportation (DOT) by Recipient in satisfaction
of requirements set forth in 49 C.F.R. 23.41 (a) (2).
2. General Requirements.
Recipient agrees to abide by the statements set forth in 49
C.F.R. 23.41 (a) (1) and (2). The statements therein or similar
statements shall be included in Recipient's FAA financial
assistance agreement and all subsequent agreements between
Recipient and any sub -recipient and in all subsequent FAA -assisted
contracts between recipients or sub -recipients and any contractor
under the AIP. Recipient further agrees to comply with the
requirements of 49 C.F.R. 23.43 (b), (c) and (d).
The procedures outlined in "Summary of Disadvantaged Business
(DBE) Provisions" a copy of which is attached hereto, are
incorporated by reference into and made a part of this DBE program.
These procedures, as applicable, will be carried out by recipient
in implementing the DBE Program.
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3. DBE Program Elements.
49 C.F.R. 23.45 sets forth certain required DBE program
elements which are to be applicable to activities carried out by
Recipient. Recipient agrees to include the following clauses in
each applicable procurement initiated directly by Recipient, and
to adopt the following program elements:
A. Designation of Liaison Officer - 23.45 (b). The Airport
manager shall designate a liaison officer and such support staff
as may be necessary and proper to administer the DBE program. The
DBE liaison officer shall report directly to the Fayetteville
Municipal Airport Manager. The DBE liaison officer shall have the
responsibilities set forth in 49 C.F.R. 23.45 (b) (2).
B. DBE Directory - 23.45 (e).
The Fayetteville Municipal Airport has developed a loose leaf
directory of businesses to identify DBE's with capabilities
relevant to construction of airport improvements. The information
contained in the DBE source list or directory shall be made
available to sub -recipients, contractors, bidders, and proposers
to facilitate their efforts to meet the specific DBE program
requirements where opportunities for private sector contracting or
purchasing exist. This directory is updated at lease annually by
the airport staff.
C. Procedures to ascertain the eligibility of DBEs and .ioint
ventures involving DBEs - 23.45 (f).
(1) All benefits resulting from the goal -oriented DBE program
shall accrue only to firms owned and controlled by Disadvantaged
Business Enterprises. In this regard, Recipient shall certify DBEs
in accordance with the requirements of 49 C.F.R. Part 23.
Recipient, at its discretion, may accept certifications previously
accepted by other DOT recipients, their certification systems shall
be at least as effective as procedures prescribed in 49 C.F.R.
23.51.
(2) If a DBE subcontractor is unable to perform successfully,
Recipient shall require prime contractors to make good faith
efforts to replace the DBE subcontractor with another DBE.
Recipient shall approve all substitutions of DBE subcontractors
before bid opening and during contract performance, to ensure the
substitution of bona fide DBEs.
D. percentage Goals for the Dollar Value of Work to be
awarded to DBEs - 23.45 (q),
(1) Each fiscal year, Recipient shall review its various
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programs so as to identify those proposed contracts having
potential for DBE participation and set an overall goal for DBE
participation within the activities to be carried out and goods to
be purchased. Recipient shall set goals that are practical and
related to availability of DBEs firms for Fiscal Year 1989-1990 is
10%. This percentage is based upon the total dollar value of
contracts with, and goods purchased from, the private sector, on
the FAA - funded portion of all AIP projects undertaken by
Fayetteville Municipal Airport.
(2) Contract goals shall be negotiated where DBE
subcontracting opportunities have been identified. The goals shall
be expressed as a percent of the total dollar amount of the
contract. Recipient shall make good faith efforts to meet or
exceed the goals or be prepared to demonstrate that best efforts
were expended so as to accomplish the DBE obligation.
(3) The goal (and/or subsequent contract goals) shall be
based on a review of the availability of DBEs located within at
least the usual market area for contractors and vendors. The goal
shall reflect the results that reasonably could be expected as a
consequence of reasonable efforts to implement the DBE program.
(4) Upon submission of this plan for approval, and thereafter
on an annual basis, Recipient shall publish a notice announcing
the goals, which notice shall inform the public that a description
of how the goals were selected are available for public inspection
at the office of the Manager, Fayetteville Municipal Airport, for
a period of 30 days following the date of the notice and informing
the public that FAA and Recipient will accept comments relation to
the goals for a period of 45 days from the date of the notice. The
notice shall include addresses to which comments may be sent and
shall be published in general circulation media and in any media
of the disadvantaged community and trade associations. Included
shall be the statement, "comments are for informational purposes
only".
H. Procedures requiring competitors to make good faith
efforts to meet DBE contract goals - 23.45 (h).
(1) For all contracts for which contract goals have been
established, Recipient shall, in the solicitation, inform
competitors that the apparent successful bidder will be required
to submit DBE participation information to Recipient with his
proposal or bid and that award of the contract will be conditioned
upon satisfaction of the requirements established in the DBE plan.
The apparent successful competitor's submission shall include
the following information:
(a) Names and addresses of DBE firms that will
participate in the contract;
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(b) A description of the work each named DBE firm will
perform.
(c) The dollar amount of participation by each named DBE
firm.
In determining contractor compliance, Recipient shall consider
the non-exclusive criteria set forth in Appendix A to 49 C.F.R.
Part 23.
(2) If the DBE participation information submitted by the
apparent successful competitor does not meet DBE contract goals,
the apparent successful bidder shall satisfy Recipient that the
competitor made a good faith effort to meet the goals.
I. pescriDtion of the methods by which Recipient will require
sub -recipients. contractors and subcontractors to comply with
applicable DBE requirements.
(1) Reasonable efforts shall be made by Recipients to meet
all obligations under DBE contractors by reviewing the contractor's
DBE involvement efforts during the life of the contract. (Any
interruption of scheduled progress payments to DBEs shall be
brought to the attention of the Airport Manager and to Recipient.)
J. Leases.
Recipient agrees not to exclude DBEs from participation in
business opportunities by entering into long-term (more than 5
years) exclusive agreements with non -DBEs.
K. Reimbursement of Costs of Administration.
Costs incurred by the City of Fayetteville during the
administration of the mandated Federal DBE regulations and
requirements shall be reimbursed from and allocated to each Federal
grant for which said services are rendered and costs incurred.
Financial and work records reflection expenditures and costs for
services and the services rendered by the City of Fayetteville
shall be retained and submitted for each grant in conformity with
the applicable Department of Transportation and Federal Aviation
Administration regulations and requirements.
L. Reporting Procedures.
(1) Recipient shall maintain records on specific contract
awards to DBEs, in a format and frequency (annually) to be
prescribed by DOT.
(2) The minimum DBE data elements to be maintained are as
follows:
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(a) The number of contracts awarded to DBEs;
(b) The description of the contract(s) awarded to DBEs;
(c) The dollar value of DBE contract awards:
(d) The percentage of the dollar value of all contracts
awarded to the private sector that were awarded to DBEs, and
(e) An appraisal of the extent to which the DBE awards
meet or exceed the DBE goal.
M. Public Financing Purpose.
This program is offered in consideration of and for the
purpose of obtaining any and all Federal grants, loans, contracts,
property, discounts or other Federal financial assistance extended
after the date r.ereof to Recipient and is binding on it, other
recipients, sub -grantees, contractors, subcontractors, transferee,
successors in interest and other participants.
DATED this
car ' Q 1.
.2�..
';th day of May
CITY OF F YETTEVILL
Mayor
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APPROVED: Late of approval -letter: 6/1' iGO
Late plan/Foal aprry through:
U.S. DEPARTMENT OF TRANSPORTATION,
Feder Ad�,inistration
By: �'.L ��A 7/11/00
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