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HomeMy WebLinkAbout52-09 RESOLUTIONRESOLUTION NO. 52-09 A RESOLUTION TO ACCEPT AND APPROVE THE UPDATED FAYE I I EVILLE EXECUTIVE AIRPORT DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM REVISION AND PARTICIPATION GOAL FOR FY2009; AND AUTHORIZING THE MAYOR TO SIGN THE REQUIRED OBJECTIVES/POLICY STATEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts and approves the updated Fayetteville Executive Airport Disadvantaged Business Enterprise (DBE) Program revision and participation goal for FY2009. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign the required Objectives/Policy Statement. ................... sA...ac„Vt • oNt-- 156-• • -PS _ • E FAYETTEVILLE #1, tE0 a c*C. elie7kPice.1; ti)/(1k rt. 14v/iv • • 't cid . ori,„,GTot• ...... • ini, . PASSED and APPROVED this 3rd day of March, 2009. APPROVED: By LI NELD DAN, Mayor ATTEST: By: &IA SONDRA E. SMITH, City Clerk/Treasurer aye evifie Executive Airport Disadvantaged Business Enterprise Program 40 CFR Part 26 Issued October 17, 2000 Revised October 7, 2008 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 POLICY STATEMENT Section 26.1, 26.23 Objectives/Policy Statement 01/22/09 The City of Fayetteville, Fayetteville Executive Airport, has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Fayetteville has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the City of Fayetteville has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Fayetteville 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; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Airport Financial Coordinator has been delegated as the DBE Liaison Officer (DBELO). In that capacity, the DBELO is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Fayetteville in its financial assistance agreements with the Department of Transportation. The Fayetteville Executive Airport has disseminated this policy statement to the City Administration, City Council and all of the components of our organization. We have distributed this statement to DBE and non -DBE business communities that perform work for us on DOT -assisted contracts. Attest: #0r Date tcL d 0/5/0 9 Sondra Smith, City Clerk Date http://www.accessfayetteville.org/government/aviationklisadvantage_business_enterprise/dbe.cfm Page 2 of pif City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 03/06/09 SUBPART A - GENERAL REQUIREMENTS Section 26.1 Objectives The objectives are found in the policy statement on the first page of this program. Section 26.3 Applicability The City of Fayetteville is the recipient of federal airport funds authorized by 49 U.S.C. 47101, et seq. Section 26.5 Definitions The City of Fayetteville will adopt the definitions contained in Section 26.5 for this program. Section 26.7 Non-discrimination Requirements The City of Fayetteville 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 part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of Fayetteville 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 26.11 Record Keeping Requirements Reporting to DOT: 26.11(1» We will report DBE participation to DOT as follows: We will submit annually the Uniform Report of DBE Awards or Commitments and Payment Form, as modified for use by FM recipients. An example of the form used is included with "Attachment H", located at Appendix 6 of 49 CFR part 26, (pg 324). Bidders List: 26.11(c1 The City of Fayetteville will create and maintain 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 the bidder list approach for use in calculating overall goals. The bidder list shall include the name, address, DBE / non -DBE status, age, and annual gross receipts of firms. A copy of the Bidders List Form is included as We will collect this information in the following ways: The list of all bidders for construction will utilize US Census data and the State of Arkansas Contractors Licensing Board list to determine the number of qualified, willing and able contractors. Additionally, the City of Fayetteville compiles an e-mail bidder list through its web site: http://www.accessfayetteville.org/government/purchasing/index.cfm. The website list features automatic notification to bidders of upcoming opportunities to bid on City procurement contracts. http://www.accessfayetteville.org/govemment/aviation/disadvantage_business_enterviseJdbe.cfm Page 3 of 14 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 The list of DBE bidders will utilize the Arkansas Unified Disadvantaged Business Enterprise Directory. The directory is continuously updated and published monthly by the Arkansas Unified Certification Program. Section 26.13 Federal Financial Assistance Agreement City of Fayetteville has signed the following assurances, applicable to all DOT -assisted contracts and their administration: Assurance: 26.13(a) City of Fayetteville 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 nondiscrimination 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 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 City of Fayetteville of its failure to carry out its approved program, the Department may impose sanction 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.). This language will appear in financial assistance agreements with sub -contractors. Contract Assurance: 26.13b We will ensure that the following clause is placed in every DOT -assisted contract and subcontract: The contractor, sub -recipient, 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. [Note: This language is used verbatim, as it is stated in 26.13(b)] SUBPART B - ADMINISTRATIVE REQUIREMENTS Section 26.21 DBE Program Updates Since the City of Fayetteville has received a grant of $250,000 or more for airport planning or development, we 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. Section 26.23 Policy Statement The Policy Statement is elaborated on the first page of this program. http://www.accessfayetteville.org/governmentkviation/disadvantage_business_enterprise/dbe.cfm Page 4 of 14 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 Section 26.25 DBE Liaison Officer (DBELO) We have designated the following individual as our DBE Liaison Officer: James Nicholson, Airport Financial Coordinator, or his successors 4500 S. School Avenue Suite F Fayetteville AR 72701 479-718-7642 479-718-7646 fax fnicholson@ci fayetteville.ar.us 03/06/09 In that capacity, the DBELO is responsible for implementing all aspects of the DBE program and ensuring that the City of Fayetteville complies with all provisions of 49 CFR Part 26. The DBELO has direct, independent access to the Mayor of the City of Fayetteville concerning DBE program matters. An organization chart displaying the DBELO's position in the organization 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 officials. The 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. Works with all departments to set 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 attainment and identifies ways to improve progress. 6. Analyzes City of Fayetteville's progress toward attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CEMgoverning body on DBE matters and achievement. 9. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 10. Plans and participates in DBE training seminars. 11. Acts as liaison to the Uniform Certification Process in Arkansas. The Arkansas Unified DBE Certification Program certifies DBE's according to the criteria set by DOT. 12. Provides outreach to DBEs and community organizations to advise them of opportunities. 13. Maintains the City of Fayetteville's updated directory on certified DBEs. Section 26.27 DBE Financial Institutions It is the policy of the City of Fayetteville 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 contract to make use of these institutions. We have made the following efforts to identify and use such institutions: Consult the updated listing from the U.S. Federal Reserve of all minority-owned financial institutions in the U.S., sorted by state. To date we have identified the following such Arkansas institutions: htto/www.accessfayetteviiie.orgigovernmentiaviationidisadvantage_business_enterprisciabe.cfrn Page 5 of 14 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 College Station Community Federal Credit Union Phillips County Self-help Credit Union 03/06/09 Information on the availability of such institutions can be obtained from the DBE Liaison Officer. Section 26.29 Prompt Payment Mechanisms The City of Fayetteville 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 30 days from the receipt of each payment the prime contractor receives from the City of Fayetteville. The prime contractor agrees further to return retainage payment to each subcontractor no later than 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 following written approval of the City of Fayetteville. This clause applies to both DBE and non -DBE subcontractors. Before any written approval for delay or postponement for payment is issued, both the prime contractor and the subcontractor will be invited to discuss the disputed issues. The Airport will fully investigate our options with the City of Fayetteville's Legal Department and the Federal Aviation Administration in the most expeditious time possible before written approval for delay or postponement of payment is given. Sanctions for Noncompliance: In the event of the contractor's noncompliance with any terms of a DOT -assisted prime contract, the City of Fayetteville shall impose.such Contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or; 2. Cancellation, termination, or suspension of the Contract in whole or in part. Section 26.31 Directory The City of Fayetteville maintains a directory identifying all firms eligible to participate as DBEs The directory lists the firm's name, address, phone number, date of the most recent certification, and the type of work the firm has been certified to perform as a DBE. The airport uses the Arkansas Unified Disadvantaged Business Enterprise Directory, published by the Arkansas Unified DBE Certification Program, as the airport's DBE directory. The directory is available to contractors and the public on request and a physical copy is maintained at the Fayetteville Executive Airport, Drake Field, located at 4500 S. School Ave., Suite F, Fayetteville, AR 72701 or by calling 479-718-7642. Copies may also be • obtained by contacting the Arkansas Unified DBE Certification Program at 501-569-2259. An example of the Directory may be found in Attachment "B" to this program document. Section 26.33 Overconcentration City of Fayetteville has not identified that overconcentration exists in the types of work that DBEs perform. Section 26.35 Business Development Programs City of Fayetteville has not established a business development program. http://www.accessfayetteville.org/govemmenttaviafion/disadvantage_business_enterviseidbe.cfm Page 6 of 14 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 Section 26.37 Monitoring and Enforcement Mechanisms 03/06/09 The City of Fayetteville will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. 1. 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 26.107. 2. Consider similar action under our own legal authorities, including responsibility determinations in future contracts. Attachment "C" lists the regulation, provisions, and contract remedies available to us in the events of non-compliance with the DBE regulation by a participant in'our procurement activities. 3. Provide a monitoring and enforcement mechanism to verify that work committed to DBEs at contract award is actually performed by the DBEs. This will be accomplished by: a. Verify with the DBE Contractor the dollar amount of the contract. b. Verify with the DBE Contractor the work timeframe. c. On-site observation of work in progress. d. Verify with the DBE Contractor the final dollar amount of the contracted work and timeliness of the final payment. SUBPART C - GOALS, GOOD FAITH EFFORTS, AND COUNTING Section 26.43 Set -asides or Quotas The City of Fayetteville does not use quotas in any way in the administration of this DBE program. Section 26.45 Overall Goals A description of the methodology to calculate the overall goal and the goal calculations can be found in Attachment "D" to this program. This section of the program will be updated annually unless there are no DOT -funded projects exceeding $250,000 anticipated in the fiscal year. In accordance with Section 26.45(f) the City of Fayetteville will submit its overall goal to DOT on the date of submission as determined by the FAA. In accordance with 26.45 (g)(1), before establishing the overall goal each year, City of Fayetteville will consult with minority, women's and general contractor groups, community organizations, and other officials or organizations in order to solicit input from these entities in the preparation of the annual Overall Goal Update, and to obtain information concerning the availability of disadvantaged and non - disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the City of Fayetteville's efforts to establish a level playing field for the participation of DBEs. A current list of consulting organizations is included in "Attachment D." Concurrently with this consultation, and on or about June 1, the City of Fayetteville will publish a notice of the proposed overall goals, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the Fayetteville Executive Airport, Drake Field, Airport Administration Office, for a period of 30 days following the date of the notice, and informing the public that the City of Fayetteville and DOT will accept comments on the goals for 45 days from the date of the notice. This timing will ensure that the public participation process is completed prior to August 1, the date of the DBE Goal update submission to the FAA. The notice will be published in local, statewide, and minority -focus media, and disseminated by mail and/or electronic communication to those entities whose constituencies or members are likely to have a httpl/www.accessfayetteville.orgigovemment/aviation/disadvantage_business_entervise/dbe.cfm Page 7 of 14 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 stake or interest The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The proposed overall goals document will be published to the City of Fayetteville's website for viewing or download. The website page will include or link to contact information and addresses to which comments may be sent. Our overall goal submission to DOT will include a summary of information and comments received during Ibis public participation process and our responses. We will begin using our overall goal on October 1 of each year, unless we have received other instructions from DOT. If we establish a goal on a project basis, we will begin using our goal by the time of the first solicitation for a DOT -assisted contract for the project. Section 26.51(a -c) Breakout of Estimated Race -Neutral & Race -Conscious Participation The breakout of estimated race -neutral and race -conscious participation can be found in Attachment "E" to this program. This section of the program will be updated annually when the goal calculation is updated. Section 26.51(d -g) Contract Goals The City of Fayetteville will use contract goals to meet any portion of the overall goal. City of Fayetteville does not project being able to meet the overall goal 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 our overall goal that is not projected to be met through the use of race -neutral means. The City of Fayetteville 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.) We will express our contract goals as a percentage of the federal share of a DOT -assisted contract. Section 26.53 Good Faith Efforts Procedures Demonstration of good faith efforts (26.53(a) & (c)) 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 a responsible bidder/offeror: City of Fayetteville Purchasing Division, Purchasing Agent http://www.accessfayetteville.org/governmentkviafion/disadvantage_business_enterpriseidbe.cfm Page 8 of 14 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 The City of Fayetteville will ensure that all information is complete and accurate and adequately documents the bidder/offer's good faith efforts before we commit to the performance of the contract by the bidder/offeror. Information to be submitted (26.53(b)I City of Fayetteville treats bidder/offers' 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 DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractors commitment and 6. If the contract goal is not met, evidence of good faith efforts. Administrative reconsideration (26.53(d)) Within five (5) days of being informed by City of Fayetteville 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 following reconsideration panel: The Airport Advisory Board, 4500 S School Avenue, Suite F, Fayetteville, AR 72701. The Airport Advisory Board is made up of non -city employee, City of Fayetteville residents who volunteer their time and expertise to the development of the Airport. A current list of Board members is included with "Attachment A." The reconsideration official(s) will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith efforts. As part of this reconeideration, 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 our reconsideration panel to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The City of Fayetteville will send the bidder/offeror 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. The result of the reconsideration process cannot be administratively appealed to the Department of Transportation. Good Faith Efforts when a DBE is replaced on a contract (26.53(f)) City of Fayetteville requires 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 City of Fayetteville requires 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 City of Fayetteville requires the prime contractor to obtain prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. http://www.accessfayetteville.org/govemmentJaviation/disadvantage_business_enterprise/dbe.cfm Page 9 of 14 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 If the contractor fails or refuses to comply in the time specified, the City's contracting officer 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 contracting officer may issue a termination for default proceeding. Sample Bid Specification: The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the City of Fayetteville to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of percent has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment "F"), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); and (6) if the contract goal is not met, evidence of good faith efforts. [Note: When a contract goal is established pursuant to the City of Fayetteville's DBE program, the sample bid specification can be used to notify bidders/offerors of the requirements to make good faith efforts. The forms found at Attachment "G" can be used to collect information necessary to determine whether the bidder/offeror has satisfied these requirements. The sample specification is intended for use in both non -construction and construction contracts for which a contract goal has been established. Thus, it can be included in invitations for bid for construction, in requests for proposals for architectural/engineering and other professional services, and in other covered solicitation documents. A bid specification is required only when a contract goal is established.] Section 26.55 Counting DBE Participation The City of Fayetteville will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. We will not count the participation of a DBE subcontract toward a Contractor's final compliance with it's DBE obligations on a Contract until the amount being counted has actually been paid to the DBE. SUBPART D - CERTIFICATION STANDARDS Section 26.61 — 26.73 Certification Process The City of Fayetteville uses the certification standards of Subpart D of Part 26, as employed by the Arkansas Unified DBE Certification Program, to determine the eligibility of firms to participate as DBEs in DOT -assisted contracts. To be certified as a DBE, a firm must meet all certification eligibility standards. For information about the certification process or to apply for certification, firms should contact: http://www.accessfayetteville.org/govemment/aviation/disadvantage_business_enterpriseJdbe.cfm Page 10 of 14 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 Unified DBE Certification Program; Natasha Halbert, DBE Program Specialist, 10324 Interstate 301 PO Box 2261, Little Rock, AR 72203-2261, 501-569-2259 The certification application forms and documentation requirements are found in Attachment "H" to this program. SUBPART E - CERTIFICATION PROCEDURES Section 26.81 Unified Certification Programs City of Fayetteville is a member of the Arkansas Unified DBE Certification Program administered by the Arkansas State Highway and Transportation Department. Information concerning the Unified Certification program is available from AHTD, 10324 Interstate 301 PO Box 2261, Little Rock, AR 72203-2261, 501-569-2259 Section 26.83 Procedures for Certification Decisions Re -certifications 26.83(a) & (c) The Arkansas Unified DBE Certification Program reviews the eligibility of firms that it has certified or reviewed previously and found eligible under part 26. The Arkansas Unified DBE Certification Program's policy is to re -certify eligible firms every three years. "No Change" Affidavits and Notices of Change (26.83(0) The Arkansas Unified DBE Certification Program requires all DBEs to report, in a signed affidavit, 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 their application for certification. The Arkansas Unified DBE Certification Program also requires all owners of all DBEs they have certified, to submit on the anniversary date of their certification, a "no change" affidavit meeting the requirements of 26.83(j). The Arkansas Unified DBE Certification Program uses a duplicate of the DBE applicant's original Affidavit of Certification for the purposes of the "No -change Affidavit" requirement. The DBE must submit a new Affidavit each year. A copy of the Affidavit used is contained in Attachment "G". The Arkansas Unified DBE Certification Program requires DBEs to submit with this affidavit, documentation of the firm's size and gross receipts. The Arkansas Unified DBE Certification Program notifies all currently certified DBE firms of these obligations annually. This notification informs 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. Section 26.85 Denials of Initial Requests for Certification http://www.accessfayetteville.org/govemment/aviafion/disadvantage_business_enterviseklbe.cfm Page 11 of 14 City of Fayetteville 03/06/09 DBE Program 49 CFR Part 26 Revised October 2008 If the Arkansas Unified DBE Certification Program denies a firm's application or decertifies it, the firm may not reapply until twelve (12) months have passed. Section 26.87 Removal of a DBE's Eligibility In the event that the City of Fayetteville challenges a DBE's certification eligibility to the Arkansas Unified DBE Certification Program, and initiates a request to de -certify a DBE, such a removal action follows procedures consistent with 26.87. The procedure, as carried out by the Arkansas Unified DBE Certification Program, is set forth in detail in Attachment "H" to this program. Section 26.89 Certification Appeals Any firm or complainant may appeal the decision in a certification matter to DOT. Such appeals may be sent to: U.S. Department of Transportation Departmental Office of Civil Rights External Civil Rights Programs Division (S-33) 1200 New Jersey Ave., S.E. Washington, DC 20590 Phone: (202) 366-4754 TTY: (202) 366-9696 Fax: (202) 366-5575 The City of Fayetteville will promptly implement the DOT certification appeal decisions affecting the eligibility of DBEs for our DOT -assisted contracting (e.g., certify a firm if DOT has determined that our denial of its application was erroneous). SUBPART F - COMPLIANCE AND ENFORCEMENT Section 26.109 Information, Confidentiality, Cooperation The City of Fayetteville will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. The state of Arkansas has a comprehensive Freedom of Information Act (FOIA) which exempts "Wiles which, if disclosed, would give advantage to competitors or bidders." 25-19-105 (b)(9)(a). Therefore, information related to any business entity's, planning, site location, expansion, operations, or product development/marketing will not be released without prior permission. Otherwise, all other documents related to offers, bids, and contracts are subject to the FOIA. Notwithstanding any contrary provisions of state or local law, the City of Fayetteville will not release personal financial information submitted in response to the personal net worth requirement to a third party (other than DOT) without the written consent of the submitter. Monitoring Payments to DBEs The City of Fayetteville will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Fayetteville or DOT. This reporting requirement also extends to any certified DBE subcontractor. http://www.accessfayetteville.orgrnovemmentJaviafion/disadvantage_business_enterPrise/dbe.cfm Page 12 of 14 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 03/06/09 The City of Fayetteville 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. httpl/www.accessfayetteville.org/govemmentiaviation/disadvantage_business_enterprise/dbe.cfrn Page 13 of 14 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 ATTACHMENTS Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Attachment I 03/06/09 Organizational Chart List of Airport Advisory Board members DBE Directory (example) Monitoring and Enforcement Mechanisms Overall Goal Calculation List of consulting organizations Breakout of Estimated Race -Neutral & Race -Conscious Participation Bidders List Form Forms 1 & 2 for Demonstration of Good Faith Efforts Arkansas Unified DBE Certification Program UCP Letter of Agreement Certification Application Form Procedures for Removal of DBE's Eligibility Affidavit of Certification / Annual Affidavit Regulations: 49 CFR part 26 http://www.accessrayettevine.orgigovemmentiaviationidisaavantage_business_enterprisembe.cim Page 14 of 14 City of Fayetteville DBE Program 49 CFR Part 26 Revised October 2008 Attachment A Organizational Chart 1 [ Airport Director j Financial. Coordinator DBE Liaison Officer httpl/www.accessfayetteville.orgfgovemmentJaviationklisadvantage_business_enterprise/dbe.cfm 03/06/09 List of Airport Advisory Board members by position Attachment A (cont) Bob Nickle, Chairman Janice Stanesic, Vice Chair David Hollman, Secretary Otto Loewer, Member Vaughn DeCoster, Member Richard Greene, Member Tim McCarley, Member 6 City of Fayetteville DBE Program 49 CFR Part 26 Revised Obtober 2008 Attachment B DBE Directory (example} http://www.accessfayetteville.org/govemment/aviation/disadvantage_business_enterPrise/dbe.cfrn 03/06/09 el%4ArEsa OgiCr A rkansas.1:11WA@thwa.dotgov Arkonsasliie.hways.com t:ATTLESLROCK NATIONAL AIRPORT LittleRockAirportAERO Central Arkansas Transit Authority SWillianiS@catEl.anZ ARKANSAS & AIRPORT a OPERATORS AACIA ASSOCIATION linowers©DelioAirport.com ARKANSAS UNIFIED DISADVANTAGED BUSINESS ENTERPRISE DIRECTORY JULY 2, 2008 RECEIVED JUL 0 2 2008 AIRPORT Disadvantaged Business Enterprises listed herein have been certified by the ARKANSAS UNIFIED DBE CERTIFICATION PROGRAM This directory has been prepared to assist contractors in locating disadvantaged business enterprise firms. The contractor should make his/her own determination of the qualifications and license status of any firm selectedfrom this directory. ARKANSAS UNIFIED CERTIFICATION PROGRAM DISADVANTAGED/WOMEN-OWNED BUSINESS ENTERPRISE DIRECTORY This Directory of Arkansas -Certified Disadvantaged (Minority) and Women -Owned Business Enterprises is divided into three sections: 1 - BUSINESSES LISTED ALPHABETICALLY 2- BUSINESSES LISTED BY TYPE WORK 3 - DEPARTMENT ITEM CODE INDEX LEGEND DBE Disadvantaged (Minority) Business Enterprise WBE Women -Owned Business Enterprises DWBE Disadvantaged (Minority) Women Business Enterprise May participate on U. S. Department of Transportation Funded Projects (FTA, FRA, FHWA, FAA) -- Normally does not perform a discrete portion of highway contract work. However, in any instance where services are performed as a distinct element, or as part of a distinct element, of an approved contract or subcontract (e.g., Roadway/Bridge Construction Control, Furnish Field Office, Furnish Field Laboratory, etc.), the services may be credited toward DBE goals provided a Commercially Useful Function is performed. (AHTD approval of items to be credited to Department contracts is required.) NOTE: The firms listed in this directory were certified as Disadvantaged Business Enterprises (DBE) under Arkansas' Unified Certification Program at the time it was printed. Additional firms may have been certified since that date, other firms may have been decertified, or withdrawn from the program. To verify the status of a DBE firm, please call Ms. Natasha Halbert at (501) 569-2259. NOTICE OF NONDISCRIMINATION The Arkansas State Highway and Transportation (Department) complies with the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964 and other federal equal opportunity laws and therefore docs not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in admission or access to and treatment in Department programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to James B. Moore, Jr., Section Head - EEO/DBE (ADA/504/Title VI Coordinator), P. 0. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voiee/ITY 711), or the following email address: iames.mooreaarkansashichways.com. This notice is available from the ADA/504/Title VI Coordinator in large print. on audiotape and in Braille.