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R89-050 updated county's disadvantaged business enterprise planCommissioner 'q7 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89 - 45 A RESOLUTION UPDATING EAGLE COUNTY'S DISADVANTAGED BUSINESS ENTERPRISE PLAN TO INCORPORATE SUBPART D, CFR PART 23 WHEREAS, pursuant to 5 30 -11 -107, C.R.S. and Eagle County Resolution No. 86 -30, the Board of County Commissioners of the County of Eagle, State of Colorado adopted an Updated Minority Business Enterprise Program for Eagle County Regional Airport, Eagle, State of Colorado. WHEREAS, the Department of Transportation (DOT) Regulation 49 CFR, Part 23 requires that certain recipients of DOT financial assistance must devise Disadvantaged Business Enterprise (DBE) programs to increase participation of Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) programs in the performance of contracts financed with Federal funds; and WHEREAS, all grant agreements issued under the Airport and Airway Improvement Act of 1982 for Airport Improvement Program (AIP) projects require that the recipient of Federal funds under such agreements implement a Disadvantaged Business Enterprise program and that such programs must meet the provisions of DOT 49 CFR Part 23 and be approved by the Regional Civil Rights Office of the Federal Aviation Administration in order for the recipient to receive and use Federal funds for airport projects; and WHEREAS, Regulation 49, CFR, Part 23 was revised placing the FAA under the Subpart D requirements effective upon publication in the Federal Register on May 23, 1988 (53 F.R. 18285); and WHEREAS, Eagle County is a recipient of Airport Improvement Program funds and desires to comply with the current Disadvantaged Business Enterprise program requirements prescribed by Subpart D, 49 CRF Part 23. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board of County Commissioners hereby adopts the Updated Disadvantaged Business Enterprise Program described in Exhibit A attached hereto, and by this reference made a part hereof, for the Eagle Coiinty Regional Airport, Eagle, State of Colorado. -1- 1 THAT, nothing contained in this Resolution shall be construed as authorizing any elected official, department head, board, commis- sion, or any other person or spending agency associated with Eagle County to exceed their respective appropriated budgets. THAT, should any section, clause, provision, sentence or word Of this Resolution, including the attached Exhibit A 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 severable. THAT, the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOLTED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of / 1989. COUNTY OF EAGLE, STATE OF COLORADO, By and T ugh Its BOARD OF COUNTY COMMI ONER L.'Kst�fton," ,Airman George X. Gates, commissioner Commissioner [J�P -/ & seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson F Commissioner Donald H. Welch Commissioner George A. Gates This Resolution passed by (�pJpf:s vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -2- County Commissioners Tj! PORT A-z- 7 -\ T, he 01 t o 77, 2-rog-l for Ea g =-- - -:Dunty Airport. rences '` o I I m i -. I P, r i t B u s i n e S's En e s e!, .. {B -- rep aced 11 - 11 n , - - - - E u n e z*.s ri e - r "DBE", as a p � p r a �nd a- e a d-ir—'or, 'Thi -P!--vant � r-7 -1 —d -n ti— DEE Darectof N'Itl! Ai zhed; nurnib-- ge'D 1 .�l � �4 1-11 r -:`7= __ice .11 n t I —.LL rld W C a , s CI- : e rj Cill 7 7 t L Ai zhed; nurnib-- ge'D 1 .�l � �4 1-11 r -:`7= __ice .11 n t I —.LL , II. CERTIFICATE OF ELIGIBILITY OF DISADVANTAGED BUSINESS ENTERPRISES. The Sponsor shall certify the eligibility of DBEs and joint ventures involving DBEs that are owned and controlled by minorities or women and are named by firms bidding on contracts of the Sponsor which are Federally .assisted. Eligibility standards are those listed in Section 23.53, 49 CFR, Part 23. The Sponsor may accept certifications made by other DOT grant applicants. substitution of subcontractors by prime contractors before bid opening and during contract performance must be approved by the Sponsor. A DBE firm is defined as a small business concern: a. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of public owned business, at least 51 percent of the stock of which is owned by one or more socially or economically disadvantaged individuals; and b. hose management and daily business operations are controlled by one or more of the socially or economically disadvantaged individuals who own it. A Small Business Concern is covered by the Sma11 Business Administration (SEA). SBA regulations, 13 CF' 121 contains gu and standards for determining eligibility as a "Small Business Concerns ". (1) Contracts of 510,000 or less. For AIP contracts of 510,000 or less, the firm qualifies as small if it has no more than five hundred employees. (2) Contracts over $10,000. For contracts over 510,000, the firm qualifies as small if it meets the size standards in SBA's regulation 13, - FR Part 121, except that a ceiling of $14 millioIl (average gross receipts in preceding three year period) has been established by the grant legislation. If the SBA's standard for a particular type of contractor is ower than 514 million, the lower figure would govern. If SBA's standard is higher, the S14 million threshold takes precedence. Socially and Economically Disadvantaged individuals. a. Any person who has a current certification from the SBA under Section o(a) of the Small Business Act is considered to be socially and economically disadivantaged. b. Individuals in the groups listed below who are citizens of the united States (or lawfully admitted permanent residents) are presumed to be socially and economically disadvantaged. (1) Women; (2) Black Americans which includes persons having origins in any of the black racial groups of Africa; (3) Hi sp anic Americans whi ch includes persons of Mexican, Puerto Rican, Cuban, Central or South America, or other Spanish or Portuguese culture or origin, regardless of race; (4) Native Americans which includes persons who are American indians Eskimos, Aleuts, or Native Hawaiians; (5) Asian - Pacific American which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (6) Asian - Indian Americans which includes persons whose origins are from India, Pakistan, Bangladesh, and Sri Lanka. C. Persons who are not members of any of the groups listed in b. may be found to be socially and economically disadvantaged by the Sponsor on a case-by-case basis. challenge Procedures. Any third -party may challenge whether the owner of a firm certified by the Sponsor or seekin certification to be socially �y and ecoIlomicallyT disadvantaged, actually is disadvantaged. The Sponsor may also make such a challenge. However, the disadvantaged status of an irdividua.l who has .a current certification under Section 8(a) of the Small Business Act is not subject to challenge. -3- Inquiry When a written challenge is filed by a third- party, the Sponsor will conduct an inquiry and Provide appropriate notifications to the parties involved. The inquiry '.flay be informal, strict rules- of evidence are not required. Eligibility Status. While the challenge is in - rogress, the presumption of social and economic disadvantage remains in effect, and the firm, if certified, may continue to be considered eligible. The current standards are set forth in ^able 2 of the Regulations entitled "Final Rule Size Standards by SIC. Industry" (Attachment The dollar figure listed in the SBA Regulations refer to the average annual receipts earned by the firm, including its affiliates, for the previous three vear period. As part of the certification process, the Sponsor will deter _ 4 ne Whether contractors who will perform - in AIP projects qualify as "Smell business concerns". - Upon award of the contract, the Sponsor Will require the prime contractor to submit the list of DBE subcontractors for tile project. Any tP_Tminatio Of a DBE Will be reported to the Sponsor. The contractor will make a reasonable effort to replace the terminated MEE subcontractor With a certified LSE. IL efforts are not successful, the prime contractor :rill provide evidence of such efforts to the Sponsor. Substitution of a non -DBE subcontractor must have the prior approval of the Sponsor. Any business, including the partner in a, joint venture, that desires to participate as an DBE, shall complete and submit Schedule A (see attached Exhibit 1) to the Sponsor. Any business desiri ng to participate as a joint venture DBE shall complete and submit Schedule A and Schedule B (see attached E_-;hibit 2). The required schedules must accompaIly - the D bid or proposal to the Sponsor at the time bids are opened. A business desiring to participate as a DBE may not be required to submit Schedule A or B 'finder the following circumstances: MC 1. The potential DBE contractor states in writing that it has previously submitted the same information to or has been certified by the Sponsor, any DOT element, or _ether Federal agency that uses essentially the same definition and ownership and contract criteria as the DOT. 2. The potential DBE contractor has been determined by the Small Business Administration to be owned and controlled by socially and economically disadvantaged individuals under Section o(a) of the Small Business Act, as .amended. III. PERCENTAGE OF GOALS FOR DOLLAR VALUE OF WORK TO BE AWARDED TO DBEs. Goals established for work to be awarded to DBEs will be based on the following: 1. A review of past awards to contractors and identification of those contractors that are DBEs. 2. Identification of past work which could have been done by DBEs. 3. The types of contracts anticipated for award during the period of this DBE program (one year from effective date). The Sponsor will use available data including directories of Federal, State, and local agencies to determine the availability of DBEs within the immediately adjacent counties, and in a reasonably wider geographic area, if a particular contract requires work for which no DBEs are available in the immediate areas. Goals are established as follows: 1. Overall Goals. A single DBE goals is required for all construction projects where the funds provided under the Airport improvement Program (AIP) exceeds 5250,000 or planning grants exceeds 875,000. Leasing goals are not affected by Subpart D, 49 CFR, Part 23. The overall DBE goal will be based only on the Federal Share of AIP contract awards. -5- Uc a 1 n° gra-t, goal u--Itedl annually. =n Percent he � t C 71_ t c n n ose In Se 1 _ t - d b n d e u s I ed th-t't the J s signed 4 4 cl- -. _ t (), p rn =nd - -n— I t h� 7 -1' 17 a- --s 0 - -- - - - - - - - i- 4 11, o 4 s,pon lhj -I -J-sh- a - i e descript- of they ar- � _ 7, ,, 4 n o,ade- inEpection du .1 n_ C y C'. j d a -.1 S pr.� n so i: Of L c i, j t C 4 no— nd lz—de rC,=i Portion of the total f-olit _ C 4 4* C rontrac' t I � - n v d I � I,. -, c, t h e r r r i -- r s DnEs at a 1-vei lDf -it leel-st ten e r C e a e 1 a s E E te -4 tl:e grant appiic-�tf?n overccme sc� "f - he ;q I - I, 11 c C' }7 _' ., f y, a 1 - f' d DD s 1 1 e -abcont t i a n^ r r I t w h i c ldl - .e- - ' l e rotee l a l- do I a -- del' --)e wa. -CZs tl 1-- det—ri' ined b y d- iding Z�A --%Lerall f.mded pert i-1 a: t.�D DD Es - h-� by Portion of the total f-olit _ C 4 4* C rontrac' t I � - n v d I � I,. -, c, t h e r r r i -- r s DnEs at a 1-vei lDf -it leel-st ten e r C e a e 1 a s E E te -4 con tract S , and the overccme l­.)i: - he Ot"=r t: g. A summary of the views and information concerning the availability of DBEs and the adequacy of the Sponsor's efforts to increase DBE participation, as provided by persons and organizations consulted by the Sponsor. IV PROCEDURES FOR NAMING D3Es IN CONTRACT BIDS. On all solicitations for bids on Federally funded contracts, the Sponsor shall state the goals for the use of DBEs. Solicitations shall require all bidders to submit with their bids written assurance that sufficient reasonable efforts will be made to meet the coals. The solicitations will include a date, within a reasonable time after the opening of bids and before the award of the contract, when the apparent successful bidder will be required to submit the names of DBE subcontractors, a description of the wort: each is to perform, and the dollar value of each proposed DBE contract. At that time, the Sponsor will evaluate the reasonable and good faith efforts of the apparent successful bidder to meet the DBE goals established for the contract. Agreements between a bidder and a DBE in which the DBE promises not to provide subcontracting quotations to other bidders is expressly prohibited by 49 CFR 23. V. SE.ECTIO? CRITERIA FOR AWARDING PRIME CONTRACTS TO BIDDERS. Prime contracts shall be awarded in the following order of preference: 1. The competitor offering the lowest and most _reasonable price and meeting the MEE contract goal. 2. The competitor offering a reasonable price and who in the judgement of the Sponsor has made a reasonable and good faith effort to secure DBE participation, based on the following documented information: a. Whether the contractor attended any pre -bid meetings that were scheduled by the Sponsor to inform DBEs of subcontracting opportunities; -3- b. Whether the contractor advertised in general circulation, trade association, and minority focus media concerning the subcontracting opportunities; C. Whether the contractor provided timely written notice (notification by regular U.S. mail at least two weeds before bid opening, where feasible) to reasonable number of specific DBEs stating that their inte7:est in the contract is being solicited; d. Whether the contractor provided interested DBEs with adequate information about the plans, specifications and requirements of the contract; and e. Whether the contractor negotiated in good faith with interested DBEs, not rejecting DBEs as Unqualified without sound reasons based on a through investigation of their capabilit -es. f, Whether the contractor selected portions of the work to be performed by DBEs in order to increase the likelihood of meeting the DBE goals including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation. g, whether the contractor made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance required by the sponsor or Contractor; and h. whether the contractor effectively Used the se'_ of available minority community orgaIlizations; Minority contractor groups; local state, and federal minority business assistance offices; and other organizations that provide assistance in she recruitment and placement of DBEs. -9- t {TOTE: `i. =_se procedures are based on the provisions of the final rule amending 49 CrR Part 23 for Participation by Yinoritr% ELlsine-sq 77 - terprises in the Department of T a' Programs {Federal _.egis ter, :1on_day April 28, 1921, Volume 46, y No. SO. To determine the reasonableness of a shall use the same criteria it Would the only offer to perform the contra the fo' lowing criteria shall be used b est bidde bidder`s off the Sponsor use if the bidder had made _. In addition to price, to determine the l owest and 1. The ability, capacity, and skill of the bi dder to perform the contract; 2. Whether the bidder can perform the contract within the time Specified, without delay or interference; 3. The character, integrity, reputation, Judgment, ='pe_ience, and e =f' -ency of the bidder; °1. The quality of performance of previcl s contracts' 5. Previous and eXisting compliance by the bidder w ith laws and ordinances relating to the Contract; 5. The sufficienc of the financial resources and abili of the bidder to perform the contract or provide the serv 1. The qual availability, and adaptability of the SLipplie3 or contractual Services to the particular use reCtli reds. S. The ability of the bidder to provide future maintenance and service for the use of t ?le subject of the contract; 9. The level of DBE participation achieved and the adequacy of the best effort initiatives; 10. CoRlpliance With the reRLlire!12entS of the bide proposal. To ensure that all obligation$ Linder contr_.cts ..warded to DBEs are met, the Sponsor Shall review the contractor'S DBE involvement efforts during the perfor! -ance of the "ontract. The contractor shall brin to the attention of the Sponsor any Situation in which regularly o Scheduled pr 'ess _ y '` a not i N_ _ �i2 ��3' !i:El' �� e made to DBE subcontractors _1 .0_ The provisions of this section of the DBE Program for the Sponsor shall be reproduced and made a party of all bid proposals and invitations for bid. VI. LEAS NG GOAL The Sponsor will establisi goals for the partic ipati021 ._ minority -owned firms and firms in leases ^or space on the airport for providing aviatioIl related and Other goons =nd services on the airport. The goals for lessees will be reviewed annually and revised based on past e.:perience, the types of leases which require execution in the following year, and d potential DBE firms in a reasonable geographic area which could provide the goods or services involved. At the present time, because of the limited number of opportunities present, and the lack of MBE -WEE applicants, the leasing goal is set at 09 aiBE, 0 wBE. VIi. RECORDS AND REPORTS. To monitor the progress of this DBE program, the Sponsor i^lill maintain adequate records which iwi11 reflect; the following: 1. Efforts made to ia- enti.fy and award contracts to DBEs. 2. The percentage of dollar awards made to DDEs measured against projected ;-Dals. Records and reports will show information separately on DDES owned and controlled by minorities and those owned and controlled by women. For those years in which a Federal Grant has been received, the Sponsor w111 submit a report to the AAA Regional Civil Rights office showing the actual DEE percentage goals achieved -or _'.IP contracts issued that :;ear, as compared to those goals 'listed in the DBE Program for the year. VIII. TERMS OF THE DBE PROGRAM. This DBE Program is effective beginning January 1, 1956. The award of any contract by the Sponsor after that date, which involves Federal monies iSS12ed under the AIP Program or other DOT assisted programs requires compliance with this program. The provisions of this program will be reviewed at least annually- and revised or amended as requires". 'Notification of this review and the overall goals for the following year will be submitted to the Regional Civil Rights Office. -ii-