TC Res. No. 2010-35 Authorizing the town of avon to establish a disadvantage business enterprise policy inaccordance with regulations of the US department of transportation 49 code of federal regulations part 26TOWN OF AVON
RESOLUTION NO. 10 -35
Series of 2010
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO ESTABLISH A
DISADVANTAGE BUSINESS ENTERPRISE POLICY INACCORDANCE WITH
REGULATIONS OF THE U.S. DEPARTMENT OF TRANSPORTATION, 49 CODE OF
FEDERAL REGULATIONS PART 26
WHEREAS, the Town of Avon has applied for grants from the U.S. Department of
Transportation for the construction of the I -70 Regional Transportation Operations Facility
located at 0500 Swift Gulch Road; and
WHEREAS, the U.S. Department of Transportation requires grant recipients to establish a
disadvantage business enterprise policy in accordance with 49 Code of Federal Regulations Part
26; and
WHEREAS, the Town has determined that a Disadvantage Business Enterprise Policy that
creates contract goals to encourage the hiring of Disadvantage Business Enterprisesis in the
interest of the Town of Avon; and ; and
WHEREAS, the Town has calculated a .03% DBE Policy which is the same percentage of DBE
firms in the mountain region; and
WHEREAS, the Town has conducted a public hearing on December 14, 2010 on the proposed
Disadvantage Business Enterprise Policy.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON:
1. The Town Council authorizes the Town Manager to establish a Disadvantage Business
Enterprise Policy and designate a Disadvantage Business Enterprise Liaison Officer in
accordance with 49 Code of Federal Regulations Part 26 for Transportation Projects with
Federal funding assistance .
2. This resolution is to be in full force and effect from and after its passage and approval.
ADOPTED December 14, 2010.
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ATTEST:
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�RADO
TOWN COUNCIL
TOWN OF AVON, COL DO
Richard Carroll, Mayor
0 Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Approved: Sally Vecchio, Asst. Town Manager — Community Development TT
From: Justin Hildreth P.E., Town Engineer
Date: December 09, 2010
Re: Resolution 10 -35, A Resolution Authorizing the Town of Avon to Establish a
Disadvantage Business Enterprise Policy in accordance with the Regulations of
the U.S. Department of Transportation, 49 Code of Federal Regulations, Part 26
Summary: Recently, the Town was notified that it received a $7,500,000 grant from the
Federal Transit Administration (FTA) to improve the Swift Gulch Public Works Facility located
at 500 Swift Gulch Road. Staff is also anticipating that the Town will receive an additional
federal grant for the construction of a bus storage facility at Swift Gulch. The Town is
required to establish a Disadvantage Business Enterprise (DBE) policy in order to receive this
grant. The policy establishes goals, not quotas, for the hiring of disadvantage businesses on
projects that are federally funded. Staff is proposing that the DBE goal be 0.03 %. and that
the goal may be modified by CDOT or the FTA as part of the grant contract negotiations. Per
the Federal requirements, a public hearing must be conducted on the DBE policy statement
before the Council takes action.
• Discussion: The DBE policy will outline the goals and objectives in accordance with
regulations of the U.S. Department of Transportation, 49 CFR Part 26. The DBE policy. will
ensure nondiscrimination in the award and administration of DOT- assisted contracts. The
Town must develop a contract goal for DBE participation, which is proposed to be 0.03 %,
which is the percentage of DBE firms in the mountain region. The Town is required to make
good faith efforts in implementing the DBE goal and ensuring contractors on projects
receiving U.S. DOT or CDOT grant funds comply.
A DBE is a small business concern that is certified as being:
A. At least 51 percent owned by one or more socially and economically disadvantaged
individuals or, in the case of any publicly owned business, at least 51 percent of the
stock of which is owned by one or more socially and economically disadvantaged
individuals; and
B. Whose management and daily business operations are controlled by one or more of
the socially and economically disadvantaged individuals who own it.
C. Socially and economically disadvantaged individual means any individual who is a
citizen (or lawfully admitted permanent resident) of the United States and who is:
• (1) Any individual whom the Colorado Department of Transportation Office of
Certification or the City and County of Denver Division of Small Business
Opportunity (DSBO) finds to be a socially and economically disadvantaged •
individual.
(2) Any individual in the following groups, members of which are rebuttably
presumed to be socially and economically disadvantaged:
a. "Black Americans," which includes persons having origins in any of the Black
racial groups of Africa;
b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican,
Cuban, Dominican, Central or South American, or other Spanish or
Portuguese culture or origin, regardless of race;
c. "Native Americans," which includes persons who are American Indians,
Eskimos, Aleuts, or Native Hawaiians;
d. "Asian- Pacific Americans," which includes persons whose origins are from
Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia
(Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa,
Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the
Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, •
Juvalu, Nauru, Federated States of Micronesia, or Hong Kong;
e. "Subcontinent Asian Americans," which includes persons whose origins are
from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri
Lanka;
f. "Women ", which means females of any ethnicity;
g. "Other," which means any additional groups whose members are
designated as socially and economically disadvantaged by the Small
Business Administration (SBA), at such time as the SBA designation
becomes effective and /or individuals who have been determined to be
socially and economically disadvantaged based on the criteria for social
and economic disadvantage.
The Town Engineer will be delegated as the DBE Liaison Officer. In that capacity, the Town
Engineer is responsible for implementing all aspects of the DBE program. Implementation of
the DBE program is accorded the same priority as compliance with all other legal obligations
incurred by the Town of Avon in its financial assistance agreements with the Department of
Transportation.
•
I
• Recommendation: The Town of Avon does not currently have a DBE policy or goal and the
FTA requires that grant recipients over $750,000 have DBE policies in place. As a result, Staff
recommends approval of Resolution 10 -35, Series 2010, A Resolution Authorizing the Town
of Avon to Establish a Disadvantage Business Enterprise Policy in accordance with the
Regulations of the U.S. Department of Transportation, 49 Code of Federal Regulations, Part
26.
Proposed Motion: I move to approve Resolution No. 10 -35, Series 2010, A Resolution
Authorizing the Town of Avon to Establish a Disadvantage Business Enterprise Policy in
accordance with the Regulations of the U.S. Department of Transportation, 49 Code of
Federal Regulations, Part 26.
Town Manager Comments:
Attachments:
Exhibit A - Resolution 10 -35, A Resolution Authorizing the Town of Avon to Establish a
• Disadvantage Business Enterprise Policy in accordance with the Regulations of the U.S.
Department of Transportation, 49 Code of Federal Regulations, Part 26
•
EXHIBIT A
TOWN OF AVON
RESOLUTION NO. 10 -35
Series of 2010
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO ESTABLISH A
DISADVANTAGE BUSINESS ENTERPRISE POLICY INACCORDANCE WITH
REGULATIONS OF THE U.S. DEPARTMENT OF TRANSPORTATION, 49 CODE OF
FEDERAL REGULATIONS PART 26
WHEREAS, the Town of Avon has applied for grants from the U.S. Department of
Transportation for the construction of the I -70 Regional Transportation Operations Facility
located at 0500 Swift Gulch Road; and
WHEREAS, the U.S. Department of Transportation requires grant recipients to establish a
disadvantage business enterprise policy in accordance with 49 Code of Federal Regulations Part
26; and
WHEREAS, the Town has determined that a Disadvantage Business Enterprise Policy that
creates contract goals to encourage the hiring of Disadvantage Business Enterprisesis in the
interest of the Town of Avon; and ; and
is
WHEREAS, the Town has calculated a.03% DBE Policy which is the same percentage of DBE •
firms in the mountain region; and
WHEREAS, the Town has conducted a public hearing on December 14, 2010 on the proposed
Disadvantage Business Enterprise Policy.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON:
1. The Town Council authorizes the Town Manager to establish a Disadvantage Business
Enterprise Policy and designate a Disadvantage Business Enterprise Liaison Officer in
accordance with 49 Code of Federal Regulations Part 26 for Transportation Projects with
Federal funding assistance.
2. This resolution is to be in full force and effect from and after its passage and approval.
• ADOPTED December 14, 2010.
ATTEST:
Patty McKenny, Town Clerk
U
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor