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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. is ATTEST: N n q �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