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HomeMy WebLinkAboutR14-083 Airport Concession Disadvantaged Business Enterprise Program Commissioner C4114-1 QUL.41-moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO 0 RESOLUTION NO. 2014- 0 RESOLUTION APPROVING THE EAGLE COUNTY, COLORADO AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE ("ACDBE") PROGRAM WHEREAS, the Eagle County Regional Airport("Airport") is a primary airport and has received federal funds authorized for airport development after January 1988 (authorized under Title 49 of the United States Code); and WHEREAS, Eagle County has signed airport grant assurances affirming that it will comply with 49 CFR Part 23, the U.S. Department of Transportation ("DOT") Airport Concession Disadvantaged Business Enterprise ("ACDBE") rule; and WHEREAS, for a thirty day review and comment process from June 17-July 17, 2014, the County solieited input on a draft ACEBE Program from Airport tenants who will be required to participate in the Program; and WHEREAS, the County has duly considered the comments received from the tenants of the Airport regarding the draft ACDBE Program; and WHEREAS, Eagle County has established an Airport Concession Disadvantaged Business Enterprise ("ACDBE") program in accordance with 49 CFR Part 23; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Eagle County Airport Concession Disadvantaged Business Enterprise Program attached hereto as Exhibit "A" shall be effective upon approval of this Resolution. THAT, should any section, clause, provision, sentence or word in this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this L'� day of March, 2014. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: 1(1 Tea J. Simon, n Tian H. Ryan Clerk to the Board of Chairman County Commissioners I"-t . L T By: ®� Sara J. Fisher Com? issio By Kathy � dler-Henr Y Commissioner Commissioner 12-'-I - .. seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jillian H. Ryan A-44 4- Commissioner Sara J. Fishert,tc.� i Commissioner Kathy Chandler-Henry 14-1A N This Resolution passed by / vote of the Board of County Commissioner of the County of Eagle, State of Colorado. 2 EAGLE COUNTY Regional Airport DEPARTMENT OF TRANSPORTATION ACDBE PROGRAM — 49 CFR PART 23 EAGLE COUNTY, COLORADO AIRPORT CONCESSION DBE PROGRAM 49 CFR Part 23 September 2014 ACDBE PROGRAM POLICY STATEMENT Section 23.1, 23.23 Objectives/Policy Statement Eagle County( "County") has established an Airport Concession Disadvantaged Business Enterprise(ACDBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 23. The Eagle County Regional Airport(the"Airport") is a primary airport and has received federal funds authorized for airport development after January 1988 (authorized under Title 49 of the United States Code). The County has signed airport grant assurances that it will comply with 49 CFR Part 23. It is the policy of the County to ensure that ACDBEs as defined in Part 23, have an equal opportunity to receive and participate in concession opportunities. It is also our policy: 1. To ensure nondiscrimination in the award and administration of opportunities for concessions by airports receiving DOT financial assistance; 2. To create a level playing field on which ACDBEs can compete fairly for opportunities for • concessions; 3. To ensure that our ACDBE program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet this part's eligibility standards are permitted to participate as ACDBEs at our airport(s); 5. To help remove barriers to the participation of ACDBEs in opportunities for concessions at our airport(s); and 6. To provide appropriate flexibility to our airport in establishing and providing opportunities for ACDBEs. Chris Anderson, Assistant Aviation Director, has been designated as the ACDBE Liaison Officer (ACDBELO). In that capacity, Mr. Anderson is responsible for implementing all aspects of the ACDBE program. Implementation of the ACDBE program is accorded the same priority as compliance with all other legal obligations incurred by the County in its financial assistance agreements with the Department of Transportation. The County has disseminated this policy statement to the Eagle County Board of Commissioners and a0 of the components of our organization. We have distributed this statement to ACDBE and non-DBE concessionaires at the Eagle County Regional Airport that perform work for us on DOT- assisted contracts by posting to our website at www.eaqlecounty.us/airport. Of/Z-7,)( )(I Jill yan Date C -ir an, Eagle County Board of County Commissioners Eagle County Regional Airport Page 1 Airport concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 SUBPART A- GENERAL REQUIREMENTS Section 23.1 Objectives The objectives are found in the policy statement on the first page of this program. Section 23.3 Definitions The County will use terms in this program that have the meaning defined in 49 CFR Part 23, §23.3 and 49 CFR Part 26, §26.5 where applicable. Section 23.5 Applicability The Airport is a primary airport and the County is sponsor of federal airport funds authorized for airport development after January 1988 that was authorized under Title 49 of the United States Code. Section 23.9 Non-discrimination Requirements 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 concession agreement, management contract or subcontract, purchase or lease agreement or other agreement covered by 49 CFR Part 23 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 ACDBE program with respect to individuals of a particular race, color, sex, or national origin. The County acknowledges these representations are also in accordance with obligations contained in its Civil Rights, DBE and ACDBE Airport grant assurances. The County will include the following assurances in all concession agreements and management contracts it executes with any firm after April 21, 2005: (1) This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. (2) The concessionaire or contractor agrees to include the above statements in any Y subsequent concession agreement or contract covered by 49 CFR Part 23, that it enters and cause those businesses to similarly include the statements in further agreements. Section 23.11 Compliance and Enforcement The County will comply with and is subject to the provisions of 49 CFR Part 26(§§26.101 and 26.105 through 26.107). The County will comply with Part 26 or be subject to formal enforcement action under§26.105 or appropriate program sanctions, such as the suspension or termination of Federal funds, or refusal Eagle County Regional Airport Page 2 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 to approve projects, grants or contracts until deficiencies are remedied. Program sanctions may include actions consistent with 49 U.S.C. §§47106(d), 47111(d), and 47122. The County's compliance with all requirements of this Part 26 is enforced through the procedures of Title 49 of the United States Code, including 49 U.S.C. 47106(d), 47111(d), and 47122, and regulations implementing them. Compliance reviews: The FAA may review the County's compliance with this Part 26 at any time, including but not limited to, reviews of paperwork, on-site reviews, and review of the County's monitoring and enforcement mechanism, as appropriate. The FAA Office of Civil Rights may initiate a compliance review based on complaints received. Any person who knows of a violation of this part by the County may file a complaint under 14 CFR Part 16 with the Federal Aviation Administration Office of Chief Counsel. The following enforcement actions apply to firms participating in the County's ACDBE program: (a) For a firm that does not meet the eligibility criteria of subpart C of Part 26 and that attempts to participate as an ACDBE on the basis of false, fraudulent, or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty, the Department of Transportation (DOT)or the Federal Aviation Administration (FAA) may initiate suspension or debarment proceedings against the firm under 49 CFR Part 29. (b) For a firm that, in order to meet ACDBE goals or other DBE program requirements, uses or attempts to use, on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or ' honesty, another firm that does not meet the eligibility criteria of subpart C of Part 26, DOT or FAA may initiate suspension or debarment proceedings against the firm under 49 CFR Part 29. (c) In a suspension or debarment proceeding brought under paragraph (a)or(b)of this section, the FAA may consider the fact that a purported ACDBE has been certified. However, such certification does not preclude DOT from determining that the purported ACDBE, or another firm that has used or attempted to use it to meet ACDBE goals, should be suspended or debarred. (d) DOT may take enforcement action under 49 CFR Part 31, Program Fraud and Civil Remedies, against any participant in the ACDBE program whose conduct is subject to such action under 49 CFR Part 31. (e) DOT may refer to the Department of Justice, for prosecution under 18 U.S.C.§§ 1001 or other applicable provisions of law, any person who makes a false or fraudulent statement in connection with participation of an ACDBE in the County's ACDBE program or otherwise violates applicable Federal statutes. Eagle Cmunty Regional Airport Page 3 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 • SUBPART B - ACDBE Programs Section 23.21 ACDBE Program Updates Since the Airport is a non-hub primary airport, the County is required to have an ACDBE program. As a condition of eligibility for FAA financial assistance, the County will submit its ACDBE program and overall goals to FAA every 3 years on October 1. When the County makes significant changes to its ACDBE program, we will provide the amended program to the FAA for approval prior to implementing the changes. Section 23.23 Administrative Provisions Policy Statement: The County is committed to operating its ACDBE program in a nondiscriminatory manner. The County's Policy Statement is elaborated on the first page of this program. ACDBE Liaison Officer(ACDBELO): We have designated the following individual as our ACDBELO: Chris Anderson Assistant Aviation Director PO Box 850 Eagle, CO 81631 970-328-2649 Chris.anderson @eaglecounty.us In that capacity, the ACDBELO is responsible for implementing all aspects of the ACDBE program and ensuring that the County complies with all provision of 49 CFR Part 23. The ACDBELO has direct, independent access to the Eagle County Director of Aviation concerning ACDBE program matters. An organizational chart displaying the ACDBELO's position in the organization is found in Attachment 1 to this program. The ACDBELO is responsible for developing, implementing and monitoring the ACDBE program, in coordination with other appropriate officials. The ACDBELO has a staff three to assist in the administration of the program. The duties and responsibilities include the following 1. Gathers and reports statistical data and other information as required by FAA or 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 ACDBEs in a timely manner. 5. Identifies contracts and procurements so that ACDBE goals are included in solicitations (both race-neutral methods and contract specific goals) 6. Analyzes the County's progress toward attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CEO/governing body on ACDBE matters and achievement. 9. Provides ACDBEs with information and assistance in preparing bids, obtaining bonding, financing, and insurance; acts as a liaison to the OSDBU-Minority Resource Center(MRC). 10. Acts as liaison to the Uniform Certification Program in Colorado. Eagle County Regional Airport Page 4 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Directory: The County, through the Colorado Uniform Certification Program (UCP), maintains a directory identifying all firms eligible to participate as ACDBEs. 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 an ACDBE. The L!CP will ensure that the Directory lists each type of work for which a firm is eligible to be certified by using the most specific NAICS code available to describe each type of work The UCP revises the Directory weekly. The directory available on CDOT's Website at: https:i/coucp.dbesystem.com/FrontEnd/VendorSearchPublic.asp?XID=2902&TN=coucp Section 23.25 Ensuring Nondiscriminatory Participation of ACDBEs The County will take the following measures to ensure nondiscriminatory participation of ACDBEs in concession, and other covered activities. (23.25(a)). The County will seek ACDBE participation in all types of concession activities, rather than concentrating participation in one category or a few categories to the exclusion of others. (23.25(c)) The County's overall goal methodology, a description of the race-neutral measures it will take to meet the goals are described in Section 23.25 and Attachment 4 of this program. The goals are set consistent with the requirements of Subpart D. (23.25(b), (d)) If the County projects that race-neutral measures, standing alone, are not sufficient to meet an overall goal, it will use race-conscious measures as described in Section 23.25(e) (1-2)and Attachment 4 and 5 of this program. (23.25(e) The unty will require businesses subject to ACDBE goals at the Airport(except car rental comp nies)to make good faith efforts to explore all available options to meet goals, to the maxi um extent practicable, through direct ownership arrangements with ACDBEs. We wi I not use set-asides or quotas as a means of obtaining ACDBE participation. (23.25 (f)(g)) Section 23.27 Reporting We will retain sufficient basic information about our ACDBE program implementation, ACDBE certification and the award and performance of agreements and contracts to enable the FAA to determine our compliance with 49 CFR Part 23. This data will be retained for a minimum of 3 years following the end of the concession agreement or other covered contract. We will submit to the FAA Regional Civil Rights Office, an annual ACDBE participation report on the form in Appendix A of 49 CFR Part 23 on March 1 each year. Section 23.29 Compliance and Enforcement Procedures The County's monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 23 can be found in Attachment 2 of this program. Eagle County Regional Airport Page 5 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Good Faith Efforts on Concession Specific Goals (23.25(e)(1)(iii), (iv)) To be eligible to be awarded a concession that has a concession specific goal, bidders/offerors must make good faith efforts to meet the goal. A bidder/offeror may do so either by obtaining enough ACDBE participation to meet the goal or by documenting that it made sufficient good faith efforts to do so. (23.25(e)(1)(iv)). Examples of good faith efforts are found in Appendix A to 49 CFR Part 26. The procedures applicable to 49 CFR Part 26, §26.51 and §26.53, regarding contract goals apply to the County's concession specific goals. Also see Attachment 5 to this program (Forms 1 and 2). Demonstration of good faith efforts (26.53(a) &(c)) The following personnel are responsible for determining whether a concessionaire who has not met the concession specific goal has documented sufficient good faith efforts to be regarded as responsible. We will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before we commit to the concession agreement with the bidder/offeror. Information to be submitted (26.53(b)) The County treats bidder/offeror's compliance with good faith effort requirements as a matter of responsibility. Each solicitation for which a concession specific goal has been established will require the concessionaires to submit the following information: 1. The names and addresses of ACDBE firms or ACDBE suppliers of goods and services that will participate in the concession; 2. A description of the work that each ACDBE will perform; 3. The dollar amount of the participation of each ACDBE firm/supplier participating; 4. Written and signed documentation of commitment to use a ACDBE whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the ACDBE that it is participating in the concession as provided in the prime concessionaire's commitment and 6. If the contract goal is not met, evidence of good faith efforts. Administrative reconsideration (26.53(d)) Within 7 days of being informed by County that it is not responsible because it has not documented sufficient good faith efforts, a concessionaire may request administrative reconsideration. Concessionaire should make this request in writing to the following reconsideration official: Eagle County Aviation Director, PO Box 850 Eagle, CO 81631, 970-328-2680, ecair @eaglecounty.us. The reconsideration official will not have played any role in the original determination that the concessionaire did not document sufficient good faith efforts. As part of this reconsideration, the concessionaire 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 concessionaire will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. We will send the concessionaire a written decision on reconsideration, explaining the basis for finding that the concessionaire did or did not meet the goal or make adequate good faith efforts to do so. Eagle County Regional Airport Page 8 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 The result of the reconsideration process is not administratively appealable to the Department of Transportation. Good Faith Efforts when an ACDBE is replaced on a concession (26.53(f))(See Attachment 5 to this program for forms 1 and 2 for demonstration of good faith efforts.) County will require a concessionaire to make good faith efforts to replace an ACDBE that is terminated or has otherwise failed to complete its concession agreement, lease, or subcontract with another certified ACDBE, to the extent needed to meet the concession specific goal. We will require the concessionaire to notify the ACDBELO immediately of the ACDBEs inability or unwillingness to perform and provide reasonable documentation. In this situation, we will require the concessionaire to obtain our prior approval of the substitute ACDBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. We will provide written consent only if we agree that the prime contractor has good cause to terminate the ACDBE firm. For purposes of this paragraph, good cause includes the following circumstances: (1) The listed ACDBE subcontractor fails or refuses to execute a written contract; (2) The listed ACDBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; (3) The listed ACDBE subcontractor voluntarily withdraws from the project and provides to us written notice of its withdrawal; (4) An ACDBE owner dies or becomes disabled with the result that the listed ACDBE contractor is unable to complete its work on the contract; (5) Other documented good cause that we have determined compels the termination of the ACDBE subcontractor. Before transmitting to us its request to terminate and/or substitute an ACDBE subcontractor, the prime contractor must give notice in writing to the ACDBE subcontractor, with a copy to us, of its intent to request to terminate and/or substitute, and the reason for the request. The prime contractor must give the ACDBE five days to respond to the prime contractor's notice and advise us and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why we should not approve the prime contractor's action. If required in a particular case as a matter of public necessity(e.g., safety), we may provide a response period shorter than five days. Sample Proposal/Bid Specification: Per the federal regulations of the U.S. Department of Transportation, 49 CFR Part 23, it is the policy of Eagle County that Airport Concession Disadvantaged Business Enterprises (ACDBE)shall have the maximum opportunity to participate in any activity, service or facility at the Airport under agreement, lease, contract with or franchise from the County or ECAT. A successful proposer shall agree to make good faith efforts to ensure that business concerns owned and controlled by socially and economically disadvantaged individuals as defined in 49 CFR Part 23, as amended, participate in at least X% of the activity, service or facility provided by a concessionaire during the entire term of its agreement by means of a joint venture, partnership, franchise or any other legal arrangement that results in bona fide ownership and control of the activity, service or facility. Eagle Cpunty Regional Airport Page 9 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 If a successful proposer is unable to achieve this goal under joint venture, partnership, franchise or similar legal arrangement, the successful proposer shall seek to obtain the required ACDBE participation by other means, such as the purchase of goods, services, supplies and/or products from certified ACDBE vendors. In the event that a successful proposer for this solicitation qualifies as a certified ACDBE, the agreement goal shall be deemed to have been met. Each proposer must identify in its proposal ACDBEs which it would retain as subtenants, joint venture partners, suppliers, or service providers to participate in the operations to be carried out under the Concession Agreement. After the Concession Agreement is executed, the successful proposer must agree to use its best efforts to enter into agreements with the ACDBE firms it identified in its proposal. Reporting: Each year no later than ninety(90) days following the end of each Operations Year, each concessionaire shall provide ECAT with the following information: the name and address of each certified ACDBE with which it has done business during the past year, a description of the nature of the services performed by and/or items purchased from each firm named, and the dollar value of each transaction. If a concessionaire fails to achieve the 1% goal stated herein, it will be required to provide documentation demonstrating that it made good efforts in attempting to do so. Section 23.53 Counting ACDBE Participation for Car Rental Goals We will count ACDBE participation toward overall goals other than car rental as provided in 49 CFR 23.53. Section 23.55 Counting ACDBE Participation for Concessions Other than Car Rentals We will count ACDBE participation toward overall goals other than car rental as provided in 49 CFR 23.55. Section 23.57 (b) If the awards and commitments on our Uniform Report of ACDBE Participation (found in Appendix A to 49 CFR Part 23) at the end of any fiscal year are less than the overall goal applicable to that fiscal year, we will: (1) Analyze in detail the reasons for the difference between the overall goal and our awards and commitments in that fiscal year; (2) Establish specific steps and milestones to correct the problems we have identified in our analysis to enable us to fully meet our goal for the new fiscal year. Section 23.61 Quotas or Set-asides We will not use quotas or set-asides as a means of obtaining ACDBE participation. Eagle County Regional Airport Page 10 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 F , SUBPART E - OTHER PROVISIONS SectiOn 23.71 Existing Agreements We will assess potential for ACDBE participation when an extension or option to renew an existir'g agreement is exercised, or when a material amendment is made. We will use any means authorized by 49 CFR Part 23 to obtain a modified amount of ACDBE participation in the renewed or amended agreement. Section 23.75 Long-Term Exclusive Agreements We will not enter into a long-term exclusive agreement for concessions without prior approval of the FAA Regional Civil Rights Office. We understand that a"long-term" agreement is one having a term of longer than 5 years. We understand that an "exclusive" agreement is one in which an entire category of a particular business opportunity is limited to a single business entity. If speciaiI, local circumstances exist that make it important to enter into a long-term and exclusive agreement, we will submit detailed information to the FAA Regional Civil Rights Office for review and approval. Section 23.79 Geographic Preferences We will not use a"local geographic preference", i.e., any requirement that gives an ACDBE located in one place (e.g., Eagle County) an advantage over ACDBEs from other places in obtairiing business as, or with, a concession at the airport. Eagle Qounty Regional Airport Page 11 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 ATTACHMENTS Attachment 1 Organizational Chart Attachment 2 Monitoring and Enforcement Mechanisms Attachment 3 Overall Goal for Concessions other than Car Rental Calculation, Consultation, Breakout of Estimated Race-Neutral & Race-Conscious Participation Attachment 4 Overall Goals for Car Rentals Calculation, Consultation, Breakout of Estimated Race-Neutral & Race-Conscious Participation Attachment 5 Form 1 &2 for Demonstration of Good Faith Efforts Attachment 6 Procedures for Removal of ACDBEs Eligibility Attachment 7 Regulations: 49 CFR Part 23 Eagle County Regional Airport Page 12 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Attachment 1 Organizational Chart Greg Phillips Aviation Director Chris Anderson Assistant Aviation Director I I Jeff Brownback TBD TBD Project Coordinator PT(Winter)Curbside Supervisor Advertising&Marketing Coordinator PT(Winter)Curbside Staff(6) I I TBD Alex Everman Administrative Manager Operations Manager Janet Carrieri Robert Baron/Bryan Kohrmann Administrative Coordinator ARFF Captains(2) Mike Kelly/Chris Blankenship ARFF Lieutenants(2) ARFF Firefighters(6) Mechanical Technicians(4) PT(Winter)Snow Technicians(8) Eagle County Regional Airport Page 13 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Attachment 2 Monitoring and Enforcement Mechanisms The County has available several remedies to enforce the ACDBE requirements contained in its contracts, including, but not limited to, the following: 1. Breach of contract action, pursuant to the terms of the contract; 2. Breach of contract action, pursuant to Colorado Revised Statutes Title 4. In addition, the federal government has available several enforcement mechanisms that it may apply to firms participating in the ACDBE problem, including, but not limited to, the following: 1. Suspension or debarment proceedings pursuant to 49 CFR part 23; 2. Enforcement action pursuant to 49 CFR part 31; and 3. Prosecution pursuant to 18 USC 1001. The County will implement various mechanisms to monitor program participants to ensure they comply with 49 CFR Part 23, including, but not limited to the following: 1. We will insert the following provisions into concessions agreements and management contracts: CONCESSIONAIRE agrees to make good faith efforts to ensure that business concerns owned and controlled by socially and economically disadvantaged individuals as defined in the U.S. Department of Transportation's regulations, 49 CFR Part 23 and 26, as amended, participate in at least_% of the activity, service or facility provided by CONCESSIONAIRE during the entire term of this Agreement by means of a joint venture, partnership, franchise or any other legal arrangement that results in bona fide ownership and control of the activity, service or facility. Said participation shall be measured as a percentage of total annual gross revenues obtained by CONCESSIONAIRE in its operations under this Agreement. If the CONCESSIONAIRE is unable to achieve this goal under joint venture, partnership, franchise or similar legal arrangement, CONCESSIONAIRE shall seek to obtain the required DBE participation by other means, such as the purchase of goods, services, supplies and/or products from certified ACDBE vendors. If CONCESSIONAIRE fails to achieve the_% goal, it shall provide documentation to CORPORATION demonstrating that it made good efforts in attempting to meet the goal. In the event that the CONCESSIONAIRE qualifies as a certified ACDBE, the_% goal shall be deemed to have been met. 2. We will implement the following additional monitoring and compliance procedures: The Eagle County Regional Airport will comply with all regulations set forth in 49 CFR Part 23 and will monitor concessionaires at the Airport for compliance with the ACDBE program. 3. We will implement our compliance and monitoring procedures as follows: The Eagle County Regional Airport will submit to the Federal Aviation Administration's Regional Civil Rights Office, an annual ACDBE participation report showing the commitments and attainments. The Eagle County Regional Airport will take measures to ensure nondiscriminatory participation of ACDBEs in concession, and other covered activities. Eagle County Regional Airport Page 14 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Attachment 3 pection 23.45: Overall Goal Calculation for Concessions Other Than Car Rentals Amount of Goal Coun 's overall goal for concessions other than car rental during the period beginning FY2014 and a ding FY2016 is 0.4% of the total gross receipts for concessions at the Eagle County Regi al Airport. The following are not included in the total gross receipts for concessions: (a) the g ss receipts of car rental operations, (b)the dollar amount of a management contract or subcontract with a non-ACDBE, (c)the gross receipts of business activities to which a management contract or subcontract with a non-ACDBE pertains, and (d)any portion of a firm's estimated gross receipts that will not be generated from a concession. The concession opportunities anticipated during this goal period are: six concessionaires with estimated gross receipts revenue greater than $200,000. If a new concession opportunity arises prior to the end of this goal period and the estimated average of annual gross revenues are anticipated to be$200,000 or greater, the County will submit an appropriate adjustment to the overall goal. This will be submitted to FAA for approval at least 6 months before executing the new doncession agreement(23.45(i)). The county has determined that its market area is the entire State of Colorado. This is the geographical area in which the substantial majority of firms which seek to do concessions business with the County are located and the geographical area in which the firms receive a substantial majority of concessions related revenues are located Meth,dolodv used to Calculate Overall Goal Goo and Services We c n meet the percentage goal by including the purchase from ACDBEs of goods and servi es used in businesses conducted at the airport. We, and the businesses at the Airport, shall ake good faith efforts to explore all available options to achieve, to the maximum extent practicable, compliance with the goal through direct ownership arrangements, including joint ventures and franchises. The dollar value from purchases of goods and services from ACDBEs may Pe added to the numerator, and the dollar value from purchases of goods and services from all firms (ACDBEs and non-ACDBEs) may be added to the denominator. Management Contract or Subcontract We can meet the percentage goal by including any business operated through a management contract or subcontract with an ACDBE. We, and the businesses at the Airport, will add the dolls amount of a management contract or subcontract with an ACDBE to the total participation by ACDBEs in airport concessions (both the numerator AND the denominator) and to the base from Which the County's percentage goal is calculated. However, the dollar amount of a management contract or subcontract with a non-ACDBE and the gross revenue of business activities to which the management contract or subcontract pertains will not be added to this base in either the numerator or denominator Step'1: 23.51(c) We determined the base figure for the relative availability of ACDBEs other than car rentals. The base figure was calculated as follows: Eagle County Regional Airport Page 15 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Ready, willing, and able non-car rental ACDBEs in the market area Base figure = All ready, willing and able non-car rental concession firms in the market area State of Colorado as market area $iCS Code COOT Code T YPe OBEs Total NA#CS.Gaintiract+ars 722213 991004 Snack Bars 4 1056 454210 991010 Vending 0 69 485310 885040 Taxi Service 0 390 485510 995030 Charter bus 1 407 141810 993000 Advertising 5 338 Totals 10 2,260 Base Figure 0.4% Step 2: 23.51(d) After calculating a base figure of the relative availability of ACDBEs, we examined evidence to determine what adjustment was needed to the base figure in order to arrive at the overall goal. Because this is our first ACDBE goal, we will not adjust for past participation. However, in order to reflect as accurately as possible the ACDBE participation we would expect in the absence of discrimination we will adjust the base figure by taking into account past participation in future goals. Our overall goal for non-car rental concessions becomes 0.4% The data used to determine the adjustment to the base figure was: a. Past participation—Although we have not previously used ACDBE goals, we did consult with current concessionaires to find out the level of ACDBE participation at the Airport. Based on feedback from the concessionaires, approximately 0% of dollars are going to ACDBEs. b. Disparity study—There are no disparity studies conducted within our jurisdiction that relate to concessions. We will continue to contact state and local agencies to determine when a disparity study becomes available. Consultation with Stakeholders (23.43) Prior to submitting this goal to the FAA, the County consulted with the following stakeholders: all current(other than rental car)concessionaires at the Airport, including: Colorado Mountain Express—Shuttle and limousine service High Mountain Taxi—Taxi service TIGA Advertising—Advertising concessionaire Alpine Vending—Snack and beverage vending machines, ATM's, and video games LS Travel Retail N.A. — Food and beverage, and retail Cool Radio—Concierge/local deals purchases Eagle County Regional Airport Page 16 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 • The stakeholders were asked to provide information on annual revenues, dollars to sub concessionaires, goods and services provided by ACDBEs, and input on the availability of ACDBEs in the region. Eagle County Regional Airport Page 17 Airportt Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Breakout of Estimated Race-Neutral &Race Conscious Participation Section 23.51 The County will meet the maximum feasible portion of its overall goal by using race-neutral means of facilitating ACDBE participation. The County uses the following race-neutral measures to increase ACDBE participation. We understand that we will be expected to actually take these steps, and this is not merely a paper exercise. 1. Locating and identifying ACDBEs and other small businesses who may be interested in participating as concessionaires under 49 CFR Part 23; 2. Notifying ACDBEs of concession opportunities and encouraging them to compete, when appropriate; and, 3. Ensuring that competitors for concession opportunities are informed during pre- solicitation meetings about how the sponsor's ACDBE program will affect the procurement process. We estimate that, in meeting our overall goal of 0.4%, we will obtain 0.4%from race-neutral participation and 0 % through race-conscious measures. Because we have not had past ACDBE requirements on concessions, we think that informing concessionaires of the ACDBE program but not limiting them to a specific goal will foster the maximum ACDBE participation possible. We believe this will be a good starting point for the program. Once we have past participation information to evaluate, we will reevaluate our methodology in future goals. In order to ensure that our ACDBE program will be narrowly tailored to overcome the effects of discrimination, if we use concession specific goals we will adjust the estimated breakout of race- neutral and race-conscious participation as needed to reflect actual ACDBE participation (see 49 CFR Part 26, §26.51(f))and we will track and report race-neutral and race conscious participation separately. For reporting purposes, race-neutral ACDBE participation includes, but is not necessarily limited to, the following: ACDBE participation through a prime contract that an ACDBE obtains through customary competitive procurement procedures;ACDBE participation through a subcontract on a prime contract that does not carry ACDBE goal; ACDBE participation on a prime contract exceeding a concession specific goal; and ACDBE participation through a subcontract from a prime contractor that did not consider a firm's ACDBE status in making the award. We will maintain data separately on ACDBE achievements in those contracts with and without concession specific goals, respectively. Eagle County Regional Airport Page 18 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Attachment 4 Section 23.45: Overall Goal Calculation for Car Rentals Amount of Goal The unty's overall goal for car rentals during the period beginning FY2014 and ending FY2016 is the ollowing: 0.5% of the total gross receipts of car rental operations at the Eagle County Regio al Airport. The c ncession opportunities anticipated during this goal period are: three rental car vendors with estimated gross receipts revenue of over$3 million. If a new car rental concession opportunity arises prior to the end of this goal period and the estimated average of annual gross revenues are anticipated to be$200,000 or greater, County will submit an appropriate adjustment to the overall goal. This will be submitted to FAA for approval at least 6 months before executing the new concession agreement. (23.45(i)) The county has determined that its market area is the entire State of Colorado. This is the geogrfaphical area in which the substantial majority of firms which seek to do concessions business with the County are located and the geographical area in which the firms receive a substantial majority of concessions related revenues are located Methpdology used to Calculate Overall Goal Goods and Services We can meet the percentage goal by including the purchase from ACDBEs of goods and servi es used in businesses at the Airport. The dollar value from purchases of goods and servi es from ACDBEs may be added to the numerator, and the dollar value from purchases of good and services from all firms (ACDBEs and non-ACDBEs) may be added to the deno inator. Step1: 23.51(c) We determined the base figure for the relative availability of car rental ACDBEs. The base figure was Calculated as follows: We expect most of the goal will be met through vehicle or other goods and services purchases from ACDBE car rental companies; therefore we are structuring the initial ACDBE goal terms of goods and services purchases.We expect rental car companies to purchase a minimum of 0.5% of gdods and services from ACDBEs. As the ACDBE program is implemented and more information is gathered, the base figure will be updated in future years to reflect local market conditions. (Note: 0.5% was established as similar airports in the area have used that percentage as a'Istart point for ACDBE goals.) Step 2: 23.51(d) Aftet calculating a base figure of the relative availability of ACDBEs, we examined evidence to determine what adjustment was needed to the base figure in order to arrive at the overall goal. In odder to reflect as accurately as possible the ACDBE participation we would expect in the absence of discrimination we have not adjusted our base figure. Our overall goal for non-car rental concessions remains 0.5%. The!data used to determine the adjustment to the base figure was: Eaglq County Regional Airport Page 19 Airp4t Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 a. Past participation—We have not had past ACDBE goals, so past participation will not be used in adjusting the base figure. b. Disparity study—There are no disparity studies conducted within our jurisdiction that relate to concessions. We will continue to contact state and local agencies to determine when a disparity study becomes available. Consultation with Stakeholders (23.43) Prior to submitting this goal to the FAA, the County consulted with the following stakeholders: all current(other than rental car) concessionaires at the Airport, including: Advantage, Avis, Budget, National Alamo, and Hertz. The stakeholders were asked to provide information on annual revenues, dollars to sub concessionaires, goods and services provided by ACDBEs, and input on the availability of ACDBEs in the region. Breakout of Estimated Race-Neutral &Race Conscious Participation Section 23.51 The County will meet the maximum feasible portion of its overall goal by using race-neutral means of facilitating ACDBE participation. The County uses the following race-neutral means to increase ACDBE participation: 1. Notifying ACDBEs of concession opportunities and encouraging them to compete, when appropriate; 2. Ensuring that competitors for concession opportunities are informed during pre- solicitation meetings about how the County's ACDBE program will affect the procurement process; and, 3. Providing information concerning the availability of ACDBE firms to competitors to assist them in obtaining ACDBE participation. We estimate that, in meeting our overall goal of 0.5%, we will obtain 0.5%from race-neutral participation and 0% through race-conscious measures. Because we have not had past ACDBE requirements for rental car companies, we think that informing the companies of the ACDBE program but not limiting them to a specific goal will foster the maximum ACDBE participation possible. We believe this will be a good starting point for the program. Once we have past participation information to evaluate, we will reevaluate our methodology in future goals. In order to ensure that our ACDBE program will be narrowly tailored to overcome the effects of discrimination, if we use concession specific goals we will adjust the estimated breakout of race- neutral and race-conscious participation as needed to reflect actual ACDBE participation (see 49 CFR Part 26, Section 26.51(f))and we will track and report race-neutral and race conscious participation separately. For reporting purposes, race-neutral ACDBE participation includes, but is not necessarily limited to, the following: ACDBE participation through a prime contract that an ACDBE obtains through customary competitive procurement procedures; ACDBE participation through a subcontract on a prime contract that does not carry ACDBE goal; ACDBE participation on a prime contract exceeding a concession specific goal; and ACDBE participation through a subcontract from a prime contractor that did not consider a firm's ACDBE status in making the award. We will maintain data separately on ACDBE achievements in those contracts with and without concession specific goals, respectively. Eagle County Regional Airport Page 20 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Attachment 5 Forms 1 &2 for Demonstration of Good Faith Efforts (See Gbod Faith Efforts on Concession Specific Goals 23.25(e)(page 8 of this program)and Good Faith Efforts when an ACDBE is replaced on a concession(26.530(page 9 o f this program.) FOR 1:1: AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) UTILI TION The uhdersigned bidder/offeror has satisfied the requirements of the bid/proposal specification in the following manner(please check the appropriate space): The bidder/offeror is committed to a minimum of % ACDBE utilization on this contract. The bidder/offeror(if unable to meet the ACDBE goal of %) is committed to a minimum of %ACDBE utilization on this contract and submitted documentation demonstrating good faith efforts. Name of bidder/offeror's firm: State Registration No. By (Signature) Title Eagle County Regional Airport Page 21 Airport Concession Disadvantaged Business Enterprise Program-49 CFR Part 23 September 2014 1 FORM 2: LETTER OF INTENT Name of bidder/offeror's firm: Address: City: State: Zip: Name of ACDBE firm: Address: City: State: Zip: Telephone: Description of work to be performed by ACDBE firm: The bidder/offeror is committed to utilizing the above-named ACDBE firm for the work described above. The estimated dollar value of this work is $ Affirmation The above-named ACDBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By (Signature) (Title) If the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. (Submit this page for each ACDBE subcontractor.) II Eagle County Regional Airport Page 22 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Attachment 6 Procedures for Removal of ACDBEs Eligibility The County will rely on the Removal of DBE's Eligibility procedures outlined in 49 CFR Part 26, §26.87 for removal of DBE's eligibility as described in the CDOT Program Manual available at http://www.coloradodot.info/business/edual-opportunity/dbe. Eagle Cdunty Regional Airport Page 23 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 Attachment 7 Regulations: 49 CFR Part 23 A copy of the regulations can be found at: http://www.gpo.gov/fdsys/pkq/CFR-2006-title49-vol l/content-detai 1.htm l Eagle County Regional Airport Page 24 Airport Concession Disadvantaged Business Enterprise Program—49 CFR Part 23 September 2014 t