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HomeMy WebLinkAbout11/1/2006 - STAFF REPORTS - 2.C.�?PAM gA� iy e u w oYeo a CITY COUNCIL STAFF REPORT DATE: November 1, 2006 CONSENT CALENDAR SUBJECT: AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (ACDBE) FROM: David H. Ready, City Manager BY: Department of Aviation SUMMARY Small hub airports are required to submit a program explaining how it will meet the disadvantaged business enterprise rules and regulations found in the Department of Transportation's (DOT) Code of Federal Regulations (CFR) Title 49 Part 23 for their airport concession programs. The attached Program will satisfy this Federal requirement for the City. RECOMMENDATION: 1. Approve Minute Order No. , approving the City of Palm Springs International Airport Concession Disadvantaged Business Enterprise (ACDBE) Program, pending FAA approval. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS' Effective April 21, 2005, the FAA amended the provisions of 49 CFR Part 23 to require commercial airports that received federal funding assistance develop an airport concession disadvantaged business enterprise (ACDBE) program. The due date for small hub airports is October 1, 2006. Staff has since forwarded a letter advising the Federal Aviation Administration (FAA) that our Program is completed and is going through the City's approval process. This Program commits the City and the Airport to the following: 1. To ensure nondiscrimination in the award and administration of opportunities for concessions at our Airport; ITEM NO. 1 " e' City Council Staff Report November 1, 2006 — Page 2 (ACDBE Program) 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($); and 6_ To provide appropriate flexibility to our airports in establishing and providing opportunities for ACDBEs. The Program includes ACDBE goals established for the period October 1, 2005 through September 30, 2008. New goals will be established for FAA approval every third year beginning October 1, 2009. After Council approval, the Program will be forwarded to the (FAA) for approval. After this approval is received, the Policy Statement will be distributed to concessionaire communities in the area, local Chambers of Commerce and existing airport concessionaires. At its regularly scheduled meeting on November 1, 2006, the Airport Commission recommended approval of the Program to the City Council. FISCAL IMPACT: No Fiscal Impact. David H. Ready Ci ager Attachments: Minute Order ACDBE Program Richard S_ Walsh, A.A.E., Direct Yof Aviation MINUTE ORDER NO. APPROVE MINUTE ORDER NO. , APPROVING THE CITY OF PALM SPRINGS INTERNATIONAL AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (ACDBE), PENDING FAA APPROVAL. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving the City of Palm Springs International Airport Concession Disadvantaged Business Enterprise Program (ACDBE), pending FAA approval, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 1st day of November, 2006. James Thompson, City Clerk PALM SPRINGS INTERNATIONAL AIRPORT ACDBE PROGRAM POLICY STATEMENT Section 23.1, 23.23 Objectives/Policy Statement Palm Springs International Airport 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. Palm Springs International 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). Palm Springs International Airport has signed airport grant assurances that it will comply with 49 CFR Part 23. It is the policy of Palm Springs International Airport 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 our Airport; 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 airports in establishing and providing opportunities for ACDBEs. Janet Buck, Asset Manager, has been designated as the ACDBE Liaison Officer (ACDBELO). In that capacity, Janet Buck 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 Palm Springs International Airport in its financial assistance agreements with the Department of Transportation. Palm Springs International Airport will disseminate this policy statement to the City of Palm Springs Council, Airport Commission, and all of the components of our organization upon FAA approval. We will also distribute this statement to ACDBE and non-ACDBE concessionaire communities in our area, including the current concessionaires at the airport and the various Chambers of Commerce from the surrounding cities. This statement will also be distributed at stakeholders meetings and will be distributed as part of the RFP package for any upcoming concession opportunities. David Ready Date City Manager 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 Palm Springs International Airport will use terms in this program that have the meaning defined in Section 23.3 and Part 26 Section 26.5 where applicable. Section 23.5 Applicability Palm Springs International Airport is a primary airport and the 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 Palm Springs International Airport 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, Palm Springs International Airport 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. Palm Springs International Airport acknowledges these representations are also in accordance with obligations contained in its Civil Rights, DBE and ACDBE Airport grant assurances. Palm Springs International Airport 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 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 Palm Springs International Airport will comply with and is subject to the provisions of 49 CFR Part 26 (§§ 26.101 and 26.105 through 26.107). Palm Springs International Airport will comply with this part 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 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. 2 Palm Springs International Airport's compliance with all requirements of this part 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 airport sponsor's compliance with this part at any time, including but not limited to, reviews of paperwork, on -site reviews, and review of the airport sponsor'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 Palm Springs International Airport 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 Palm Springs International Airport's ACDBE program: (a) For a firm that does not meet the eligibility criteria of subpart C of this part 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 you 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 this part, DOT or FAA may initiate suspension or debarment proceedings against you 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 Palm Springs International Airport's ACDBE program or otherwise violates applicable Federal statutes. SUBPART B - ACDBE Proqrams Section 23.21 ACDBE Program Updates Since Palm Springs International Airport is a small hub primary airport, we are required to have an ACDBE program. As a condition of eligibility for FAA financial assistance, Palm Springs International Airport will submit its ACDBE program and overall goals to FAA according to the following schedule: Type of Airport Initial Program Second Goal Due Subsequent and Goal Due Goals Due Small Hub Primary October 1, 2006 October 1, 2009 Every 3 years on October 1 Until our new ACDBE program is submitted and approved we will continue to implement our concessions DBE program that was in effect before April 21, 2005, except with respect to any provision that is contrary to 49 CFR Part 23. When Palm Springs International Airport 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: Palm Springs International Airport is committed to operating its ACDBE program in a nondiscriminatory manner. Palm Springs International Airport'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: Janet Buck Asset Manager Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262-6966 Telephone: (760) 318-3821 FAX.(760) 318-3815 Janet. Buck@Palmsr�ri.ngs-ca . qov In that capacity, the ACDBELO is responsible for implementing all aspects of the ACDBE program and ensuring that Palm Springs International Airport complies with all provision of 49 CFR Part 23. The ACDBELO has direct, independent access to the Airport Director concerning ACDBE program matters. An organization 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 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 Palm Springs International Airport's progress toward goal attainment and identifies ways to improve progress 7. Participates in pre -proposal meetings. 8. Advises the Airport Director on ACDBE matters and achievement. 9. Provides ACDBEs with information and assistance in preparing bids, obtaining bonding, financing, and insurance. 10, Plans and participates in ACDBE training seminars 11, Acts as liaison to the California Uniform Certification Program. 12 Provides outreach to ACDBEs and community organizations to advise them of opportunities. Directory: The California Uniform Certification Program (CUCP) 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 CUCP revises the Directory monthly. The Directory is available on the Caltrans website at www.dot-ca.gov. Section 23.25 Ensuring Nondiscriminatory Participation of ACDBEs Palm Springs International Airport will take the following measures to ensure nondiscriminatory participation of ACDBEs in concession, and other covered activities (23-25(2) Palm Springs International Airport 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)) Palm Springs International Airport's overall goal methodology and a description of the race -neutral measures it will take to meet the goals are described in Section 2325 and Attachment 3 of this plan. The goals are set consistent with the requirements of Subpart D. (2325(b), (d)) If Palm Springs International Airport 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)- Palm Springs International Airport will require businesses subject to ACDBE goals at the airport (except car rental companies) to make good faith efforts to explore all available options to meet goals, to the maximum extent practicable, through direct ownership arrangements with ACDBEs. We will not use set -asides or quotas as a means of obtaining ACDBE participation. (23.25(g)) Section 23.27 Reporting Palm Springs International Airport 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 Part 23. This data will be retained for a minimum of 3 years following the end of the concession agreement or other covered contract. Beginning March 1, 2006 we will submit to the FAA Regional Civil Rights Office, an annual ACDBE participation report on the form in Appendix A of Part 23. Section 23.29 Compliance and Enforcement Procedures Palm Springs International Airport will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 23. 1. We will 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. We will consider similar action under our own legal authorities, including responsibility determinations in future contracts. 3. We will also implement a monitoring and enforcement mechanism to ensure that work committed to ACDBEs at contract award is actually performed by the ACDBEs. This mechanism will provide for a running tally of actual ACDBE attainments (e.g., gross receipts actually earned by ACDBE firms), including a means of comparing these attainments to commitments. This will be accomplished by documented ongoing, scheduled and unscheduled on -site visits to the operations and meetings with Business Development staff. 4. In our reports of ACDBE participation to FAA, we will show both commitments and attainments, as required by the DOT reporting form. SUBPART C -- CERTIFICATION AND ELIGIBILITY Section 23.31 We will use the procedures and standards of Part 26, except as provided in 23.31, for certification of ACDBEs to participate in our concessions program and such standards are incorporated herein. We are a member of the California Unified Certification Program (CUCP) administered by Caltrans and its designated certifying agencies which will make certification decisions on behalf of the Palm Springs International Airport for ACDBEs. The CUCP's directory of eligible DBEs will specify whether a firm is certified as a DBE for purposes of part 26, and ACDBE for purposes of part 23, or both. SUBPART D - GOALS. GOOD FAITH EFFORTS. AND COUNTING Section 23.41 Basic Overall Goal Requirement Palm Springs International Airport will establish two separate overall ACDBE goals; one for car rentals and another for concessions other than car rentals. The overall goals will cover a three year period and will be reviewed annually to make sure the goal continues to fit circumstances. Any significant overall goal adjustments will be reported to the FAA. If the average annual concession revenues for car rentals over the preceding 3 years do not exceed $200,000, we need not submit an overall goal for car rentals. Likewise, if the average annual concession revenues for concessions other than car rentals over the preceding 3 years do not exceed $200,000, we need not submit an overall goal for concessions other than car rentals. We understand that "revenue" means total revenue generated by concessions, not the fees received by the airport from concessionaires. The sponsor's overall goals will provide for participation by all certified ACDBEs and will not be subdivided into group -specific goals. Section 23.43 Consultation in Goal Setting We will consult with stakeholders before submitting the overall goals to the FAA. Stakeholders will include, but not be limited to, minority and women's business groups, community organizations, trade associations representing concessionaires currently located at the airport, as well as existing concessionaires themselves, and other officials or organizations which could be expected to have information concerning the availability of disadvantaged businesses, the effects of discrimination on opportunities for ACDBEs, and the sponsors efforts to increase participation of ACDBEs. We will identify the stakeholders that were consulted and provide a summary of the information obtained from the stakeholders in our submission of overall goals. Section 23.46 Overall Goals Palm Springs International Airport is a small hub primary airport. As a condition of eligibility for FAA financial assistance, we will submit overall goals according to the following schedule: Type of Airport Initial Goal Due Second Goal Subsequent Due Goals Due Small Hub Primary October 1, 2006 October 1, 2009 Every 3 years on October 1 If a new concession opportunity arises at a time that falls between the normal submission dates above and the estimated average of annual gross revenues are anticipated to be $200,000 or greater, we will submit an appropriate adjustment to our overall goal to FAA for approval at least six months before executing the new concession agreement. Palm Springs International Airport will establish overall goals in accordance with the 2-Step process as specified in section 23.51. After determining the total gross receipts for the concession activity, the first step is to determine the relative availability of ACDBEs in the market area, "base figure'. The second step is examine all relevant evidence reasonably available in the sponsor's jurisdiction to determine if an adjustment to the Step 1 "base figure" is necessary so that the goal reflects as accurately as possible the ACDBE participation the sponsor would expect in the absence of discrimination. Evidence may include, but is not limited to past participation by ACDBEs, a disparity study, evidence from related fields that affect ACDBE opportunities to form, grow, and compete (such as statistical disparities in ability to get required financing, bonding, insurance; or data on employment, self-employment, education and training. A description of the methodology to calculate the overall goal for car rentals, the goal calculations, and the data we relied on can be found in Attachment 3 to this program. A description of the methodology to calculate the overall goal for concessions other than car rentals, the goal calculations, and the data we relied on can also be found in Attachment 3 to this program. Projection of Estimated Race -Neutral & Race -Conscious Participation (23.45(f), 23.25(d-e)) Since there are no new concession opportunities for which a goal will be set during this goal period, we do not have a breakout of race -neutral and race -conscious participation. Future plans for the breakout of race -neutral and race -conscious participation can be found with the goal methodology in Attachment 3 to this program. This section of the program will be reviewed annually when the goal calculation is reviewed under 23.41(c). Concession Specific Goals (23.25(e)(iv)(c)) Palm Springs International Airport will use concession specific goals to meet any portion of the overall goals Palm Springs International Airport does not project being able to meet using race -neutral means. Concession specific goals are established so that, over the period to which the overall goals apply, 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. We will establish concession specific goals only on those concessions that have direct ownership arrangements (except car rentals), sublease, or subcontracting possibilities. We need not establish a concession specific goal on every such concession, and the size of concession specific goals will be adapted to the circumstances of each such concession (e.g., type and location of concession, availability of ACDBEs.) If the objective of a concession specific goal is to obtain ACDBE participation through direct ownership with an ACDBE, Palm Springs International Airport will calculate the goal as a percentage of the total estimated annual gross receipts from the concession. (23.25(e)(1)(i)) If the concession specific goal applies to purchases and/or leases of goods and services, Palm Springs International Airport will calculate the goal by dividing the estimated dollar value of such purchases and/or leases from ACDBEs by the total estimated dollar value of all purchases to be made by the concessionaire. (23.25(e)(1)(ii)) Good Faith Efforts Procedures on Concession Specific Goals (23.25(e)(1)(iii), (iv)) To be eligible to be awarded a concession that has a concession specific goal; competitors must make good faith efforts to meet the goal. A competitor 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 26.51-3, regarding contract goals apply to Palm Springs International Airport's concession specific goals. Specifically, Demonstration of aood 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 responsive. Janet Buck Asset Manager Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262-6966 Telephone: (760) 318-3821 Facsimile: (760) 318-3815 Janet. Buck@ralmspriUIs::_ . gov We will ensure that all information is complete and accurate and adequately documents the concessionaire's good faith efforts before we commit to the concession agreement with the bidder/offeror, Mi 11i - i u �.7:7��t1.7iitfi✓7:<f�1:�.7ei1711 Palm Springs International Airport treats concessionaire's compliance with good faith efforts requirements as a matter of responsiveness. 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 10 days of being informed by Palm Springs International Airport that it is not responsive 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: Richard S. Walsh, A.A.E. Director of Aviation Palm Springs International Airport 3400 East Tahquilz Canyon Way, Suite OFC Palm Springs, California 92262 Telephone - 760.318.3800 Facsimile - 760.318,3815 Richard.Waish@paimsprings-ca.gov 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. The result of the reconsideration process is not administratively appealable to the Department of Transportation. Good Faith Efforts when an ACDBE is reDlaced on a concession (26.53(f)) Palm Springs International Airport 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 ACDBE Liaison officer 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. If the concessionaire fails or refuses to comply in the time specified, our contracting office will notify the concessionaire that it is in default. If the concessionaire still fails to comply, the contracting officer may issue a termination for default proceeding. SsmDle Pr000sal/Bid SDecification: The requirements of 49 CFR Part 23, regulations of the U.S. Department of Transportation, applies to this concession. It is the policy of the Palm Springs International Airport 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 concession will be conditioned upon satisfying the requirements of this proposal/bid specification. These requirements apply to all concessions firms and suppliers, including those who qualify as an ACDBE. An ACDBE concession specific goal of percent of (annual gross receipts; value of leases and/or purchases of goods and services) has been established for this concession. The concession firm shall make good faith efforts, as defined in Appendix A, 49 CPR Part 26, to meet the concession specific goal for ACDBE participation in the performance of this concession. The concession firm will be required to submit the following information: (1) the names and addresses of ACDBE firms and suppliers 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 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. Section 23.53 Counting ACDBE Participation for Car Rental Goals We will count ACDBE participation toward overall goals for car rental concessions 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 goals for concessions other than car rental as provided in 49 CFR 23,55. Section 23.61 Quotas or Set -asides We not use quotas or set -asides as a means of obtaining ACDBE participation. SUBPART E -- OTHER PROVISIONS Section 23.71 Existing Agreements Palm Springs International Airport will assess potential for ACDBE participation when an extension or option to renew an existing agreement is exercised, or when a material amendment is made. We will use any means authorized by part 23 to obtain a modified amount of ACDBE participation in the renewed or amended agreement. Section 23.75 Long -Term Exclusive Agreements Palm Springs International Airport 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 special, local circumstances exist that make it important to enter into a long-term and exclusive agreement, you must submit detailed information to the FAA Regional Civil Rights Office for review and approval. Section 23.79 Geographic Preferences Palm Springs International Airport will not use a� "local geographic preference", i.e., any requirement that gives an ACDBE located in one place (e.g. Orange County) an advantage over ACDBEs from other places in obtaining business as, or with, a concession at your airport. 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 and Overall Goals for Car Rentals Attachment 4 Certification Application Forms Attachment 5 Regulations: 49 CFR Part 23 Attachment 6 Trade Organizations/Associations 11 Attachment 1 Citv of Palm Snrincis International AkDort Organizational Chart Palm Springs 'CityCouncil Airport Commission, 1 I� City Attoirney' l 12