DBE/ACDBE Participation in Joint Ventures - Metropolitan ...

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Example 1 - continued • Now, let us assume that the ACDBE partner is also assigned the role of finding DBE vendors to be utilized by the business and recruiting minority employees. • These roles are activities included under broader categories - Human Resources (HR) and Purchasing. HR is only one task within the “Operations” category and purchasing is only one task within the “Product” category. In addition, it is difficult, if not impossible, to quantify the value of these tasks in terms of their impact on gross receipts. • An airport would not have sufficient data to approve the JV for counting because the portion of the work to be performed by the ACDBE is very difficult to quantify. The airport should, in this case, request that the JV participants clarify the role of the ACDBE. 91
Example 1 - continued • Conversely, assume that all other factors are the same as described above, except that the ACDBE independently performs all functions in the “Operations” category. • In this case, it could reasonably be determined that the ACDBE performs at least 33% of the work for its 20% ownership share. However, the participation would be counted at 20%, not a greater percentage which might be indicated by the portion of the work performed by the ACDBE. 92
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DBE/ACDBE Participation in Joint Ve
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DBE Participation in Airport Conces
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• At about the same time (early 8
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Why JVs • Why were joint ventures
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• The entry of developers put add
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ACDBE Participation • ACDBE parti
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Subleases • Frequently, airports
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JVs v. Subleases/Direct Contracts -
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What is the purpose of the JV Guida
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LA Times - November 18, 1989 • El
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• Introduction OIG Report June 11
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The Miami Herald - January 14, 2004
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• Airport Connections Philadelphi
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31 Keep Keep your your company comp
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Introduction & Structure • This p
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What does Part 23 say about JVs as
Page 38 and 39:
Components of a JV agreement • Im
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Combine their property, capital, ef
Page 42 and 43: Commensurate • What does “whose
Page 44 and 45: Loans of capital from the non-ACDBE
Page 46 and 47: Are service and management fees acc
Page 48 and 49: How can the value of the ACDBE role
Page 50 and 51: What if the level of participation
Page 52 and 53: What is included in the airport’s
Page 54 and 55: Can a JV be certified as an ACDBE
Page 56 and 57: Dissolution if ACDBE becomes inelig
Page 58 and 59: Questions Joint Venture Guidance No
Page 60 and 61: DBE/ACDBE JV Agreements ACC, Inc. N
Page 62 and 63: Basic Elements • Most joint ventu
Page 64 and 65: Part I - General Information • Re
Page 66 and 67: • Ownership Interests - Establish
Page 68 and 69: Part III - Capital Contributions
Page 70 and 71: • Representations and covenants -
Page 72 and 73: Ownership • Ownership Interests i
Page 74 and 75: • In the event that ACDBE is unab
Page 76 and 77: Management • Overall Management.
Page 78 and 79: Distribution of Profits The Managem
Page 80 and 81: Red Flag Items • Management Fees
Page 82 and 83: • Assist with developing the annu
Page 84 and 85: Reviewing your role • Carefully r
Page 86 and 87: “Assist with” or “Participate
Page 88 and 89: Is easier, but… • Make sure tha
Page 90 and 91: Example 1 • The ACDBE ownership o
Page 94 and 95: Example 2 • A JV between a non-AC
Page 96 and 97: Example 2 - continued • In order
Page 98 and 99: Example 3 - continued • The follo
Page 100 and 101: JVs can provide an opportunity, but
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