HomeMy Public PortalAbout2017.10.12 ITD Idaho United Certification ProgramAgreement Establishing
The Idaho Unified Certification Program
For the Disadvantaged Business Enterprise Program
in the State of Idaho
THIS AGREEMENT is made and entered into by and between the attached listed Recipients and the
Idaho Transportation Department (ITD), each a recipient as that term is defined by 49 CFR §26.81 and
in accordance with the ITD approved Disadvantaged Business Enterprise (DBE) Program.
WHEREAS, 49 CFR §26.81 requires federal transportation fund recipients of a state to create a Unified
Certification Program (UCP) as part of each recipient's DBE program; and
WHEREAS, the parties require certification, renewal, and decertification of firms as a DBE; and
WHEREAS, all recipients of federal transportation funds in this state are covered by the requirements
of 49 CFR §26.81, and are also required to participate in a Unified Certification Program; and
WHEREAS, the parties desire to join together for cooperative action pursuant to carrying out the
requirements of 49 CFR §26 and to establish an Idaho Unified Certification Program (IUCP); and
WHEREAS, the governing board of each party has by resolution authorized the entering into of the
Agreement and the establishment of the IUCP; and
WHEREAS, by that agreernent:each current recipient and/or future recipients identified by the ITD are
bound by the requirerrients of the IUCP and agree to abide by the'requirements of the IUCP which is a
continuation of the ITD current and previous process:
NOW, THEREFORE, in consideration of the mutual promises and benefits that each party shall derive
therefrom, the parties agree as follows:
ARTICLE I: PURPOSES
The parties have entered into this Agreement for the purposes of creating an Idaho Unified Certification
Program (IUCP) to be administered by the Idaho Transportation Department Office of Civil Rights
(OCR). The ITD OCR will oversee the process for designation of a Certification Committee as stated in
the approved ITD DBE Program under section III DBE Certification Process, A. Certification Committee.
This Certification Committee will perform DBE certification, renewal, and decertification for Idaho
recipients.
ARTICLE II: SERVICES
Section 2.1. Idaho Unified Certification Program
The IUCP is hereby created and implemented in accordance with 49 CFR §26.81, as
amended.
2017 ITD DBE UCP Agreement 10-2017 Page 1 of 4
a. The IUCP will follow all certification, renewal, and decertification procedures in
accordance with the certification standards of CFR 49, Subpart D of §26, the
certification procedures of Subpart E of §26 and Subpart C of §23 as applied by the
ITD in its DBE Program. This is addressed in the DBE Program Plan in Subpart E
DBE Certification Procedures. The Application Procedure for Certification as follows:
i. Applications are conducted online at: https://itd.dbesystem.com
ii. The ITD DBE Program Coordinator reviews the application and
documentation to verify that the information is complete and then requests
that the appropriate district Safety Compliance Officer (SCO) perform an on -
site review.
iii. The Certification Committee will meet every thirty (30) days or sooner if
necessary. The Certification Committee will make eligibility decisions within
90 days of receipt of all required information.
iv. Out of state firms applying for certification must be certified within their home
state to qualify for the Idaho program. On -site -reviews from the out-of-state
applicant will be accepted from the home state certification entity. See
Subpart E.4, "Interstate Certification", in the DBE Program Plan.
v. A firm that believes that they have been wrongly denied certification may
appeal in writing to the United States Department of Transportation,
Departmental Office of Civil Rights, External Civil Rights Program Division,
1200 New Jersey Avenue SE, Washington, D.C. 20590. Appeals must be
submitted within ninety (90) days after certification has been denied.
vi. A firm that receives a Notice of Intent to Decertify may request an informal
hearing by the selected Hearing Officer. Requests for an oral hearing must be
submitted within 10 days of the notification and will be conducted within 30
days of receipt of the request. A hearing request for written arguments must
be submitted within 30 days and then the selected Hearing Officer will make
a decision within 30 days from receipt of the request. Any request for a
hearing must be directed to Office of Civil Rights Manager (OCRM) at the
Idaho Transportation Department, 3311 West State Street, Boise, Idaho
83703-1129.
vii. The Idaho electronic DBE Directory located on the ITD website will be
updated with additions, deletions, and other changes as they occur. In
addition to this update, upon request interested members of the IUCP will be
notified of changes as they occur.
b. The IUCP will cooperate fully with oversight, review and monitoring activities of the
United States Department of Transportation (USDOT) and its operating
administrations.
2017 ITD DBE UCP Agreement 10-2017 Page 2 of 4
c. The IUCP will implement USDOT directives and guidance concerning certification,
renewal, and decertification procedures in accordance with the certification
standards of CFR 49, Subpart D of §26, the certification procedures of Subpart E of
§26 and Subpart C of §23 as applied by the approved ITD DBE Program Plan.
d. Each recipient party to this Agreement shall ensure that the IUCP has sufficient
resources and expertise to carry out the requirements of 49 CFR §26 and §23. The
ITD' Office of Civil Rights is currently receiving appropriate resources to'provide the
needed actions to meet the requirements of 49 CFR §26 in the establishment and
implementation of the IUCP.
e. The IUCP will be fully implemented within 120 days of the Secretary's approval of
the IUCP on the following schedule:
i. Within 90 days of the Secretary's approval of the IUCP, each party to this
agreement will begin to utilize the unified procedures set forth in the IUCP
Agreement.
ii. Within 120 days after the Secretary's approval of the IUCP, the Committee
will begin to meet on a regular basis as required to certify DBE applicants.
iii. Within 60 days after the Secretary's approval the IUCP will post the unified
DBE Directory on its website.
Section 2.2. Idaho Unified Certification Committee
The ITD/OCRM is identified as the. administrator, of the IUCP and responsible for the
process for designation of the Certification Committee (Committee) which is established
to administer the IUCP certifications as required by the approved ITD DBE Program Plan
and CFR 49 §26, Subpart D and Subpart E and §23, Subpart C.
Section 2.3. DBE Directory
An online DBE Directory will be maintained by the ITD/OCR at
https://itd.dbesystem.com.
Section-2.4.__Classification -.of Business -and Financial-lnfor-mation
Each recipient under this Agreement shall safeguard from disclosure to unauthorized
person information that may reasonably be considered confidential business information
consistent with Federal, State and local law.
ARTICLE III: TERM AND SCOPE OF AGREEMENT
Section 3.1. Term
This agreement shall be effective immediately upon its execution by all the parties
hereto and the approval of the IUCP by the Secretary of the USDOT. This Agreement
2017 ITD DBE UCP Agreement 10-2017 Page 3 of 4
and the IUCP shallcontinue in force as long as .required by federal laws and regulations,
unless terminated pursuant to Section 3.2. of the Agreement. .
Section 3.2. Early Termination
Any party to this Agreement may terminate its relationship to the IUCP upon a showing
of non -recipient status, provided approval is given by USDOT fbr such termination.
Section 3.3. Limited Agreement
This Agreement is limited in scope and nothing contained in this Agreement shall imply
any relationship between any of the signing parties beyond the creation and
implementation of the IUCP.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below and
attached:
IDAHO TRANSPORTATION DEPARTMENT
BY:
Gv F4ds./
DATE:
BRIAN W. NESS, Director
/o//2-/Rar7
2017 ITD ITD DBE UCP Agreement 10-2017 Page 4 of 4
STATEMENT OF AGREEMENT
Idaho Unified Certification Program
Attachment to !UPC Agreement
The Unified Certification Program process developed and implemented by the Idaho
Transportation Department for the State of Idaho has been reviewed by the agency listed
below. We acknowledge the [UPC Agreement is made and entered into by and between the
participating agency noted below and the Idaho Transportation Department.
We recognize this program as the authorizing process for certification, recertification and
decertification of firms in the Disadvantaged Business Enterprise Program for the State of Idaho
--as_requir-ed-bv 49_CFR §.7F,81.._--
BY:
DATE:
AGENCY:
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ADDRESS: G ?QY'k [ST
PHONE: aih$— a
EMAIL: ,S0.V1 W1.0 inke CG' �1, II • u5
SIGNATURE:
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RETURN STATEMENT OF AGREEMENT TO:
civilrights@itd.idaho.gov
Office of Civil Rights
Idaho Transportation Department
P.O. Box 7129
Boise, Idaho 83703-1129
Participant !UPC 2017 Statement of Agreement Signature.docx