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HomeMy WebLinkAboutC13-150 ECO Transit Disadvantaged Business Enterprise Program Status eCO AMNMMMM eagle county regional transportation authority MEMORANDUM TO: Eagle County Commissioners FROM: Eagle County Regional Transportation Authority (ECO Transit) DATE: April 15, 2013 REASON: ECO Transit Disadvantaged Business Enterprise (DBE) Program Status ECO Transit was contacted in February 2012 by the Federal Transit Administration (FTA) Region VIII office and notified of impending deadlines to submit a DBE Plan and Small Business Utilization update. After further analysis by ECO staff and a consultant with DBE specific knowledge, it was determined that ECO Transit (Eagle County) does not receive enough FTA funding used in prime contracting opportunities for FY 2012 to meet the threshold for a DBE Plan, which is currently set at $250,000. A subsequent analysis was conducted in March of 2013 to determine FY 2013 funding threshold requirements. This analysis also determined Eagle County remains under the $250,000 threshold. Attachment A provides a detailed project analysis for both FY 2012 and FY 2013 funds received. It should be noted that while ECO Transit has or will receive more than $250,000 in FTA funds in each federal fiscal year, the majority of the funding is either passed through the Colorado Department of Transportation (CDOT) or not eligible DBE prime contracting opportunities, and therefore does not require a FTA specific DBE Plan on the part of Eagle County. As a FTA grant funding recipient through CDOT for FTA Sections 5304, 5310, and 5311, CDOT includes Eagle County grant funds awarded and spent in the calculation of their annual FTA DBE Goal and ECO Transit supports CDOT's DBE Plan and Program. On February 29, 2012, ECO Transit contacted Rebecca Tanrath, FTA Region VIII Civil Rights officer, notified her that ECO Transit did not meet the $250,000 threshold and therefore will not be preparing and submitting a DBE Plan for FY 1 2012. Copy of this correspondence is included with the memo for the file. If contacted for FY 2013 DBE Plan information, ECO Transit will notify Ms. Tanrath of similar status. Analysis of grant funds and contracting opportunities will have to be conducted annually, starting with FY 2014, to determine if ECO Transit grant funds received from the FTA (either directly or as pass through from CDOT) meet the $250,000 threshold. If it is determined that ECO Transit meets the threshold and needs to create a DBE Plan, sample plans from peer transit agencies are on file to assist with the drafting this document. Acknowledged and approved by: EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS By: Jon .t. ney, Chairm' 2 Attachment A: $250,000 Threshold FTA Funded Project Analysis Original: February 2012 Updated: March 2013 to include a FY 2013 Funding Analysis DBE Federal Regulations: • 26.21 Who must have a DBE program? o If you are in one of these categories and let DOT - assisted contracts, you must have a DBE program meeting the requirements of this part: (1) All FHWA recipients receiving funds authorized by a statute to which this part applies; (2) FTA recipients receiving planning, capital and /or operating assistance who will award prime contracts (excluding transit vehicle purchases) exceeding $250,000 in FTA funds in a Federal fiscal year; (3) FAA recipients receiving grants for airport planning or development who will award prime contracts exceeding $250,000 in FAA funds in a Federal fiscal year. • "Prime Contracts" is the same term as "Contracting Opportunities." Contracting Opportunity Eligibility: • Capital: If bus purchases, this funding is not included in threshold. • Operating: Purchases made that have to be competed out, such as fuel and maintenance. Salaries are not included in the threshold. • Planning: Funds under 5304 are contracting opportunities if bid out to an outside source. FTA Sources of Funding: FFY 2012 (Oct. 2011 through Sept. 2012) and Funding Amounts: o FTA 5304 Planning: Feeder Feasibility Study - $23,450. o FTA 5311 Operating: 2011 Calendar Year contract funds - reimbursed for two months of 2011 expenses in the amount of $36,785. 5311 Operating award includes reimbursement for salaries, which are not contracting opportunities. 3 o FTA 5311 Capital: AVL /CAD Project - $240,000 received in January 2012. • All funds received for FY 2012 have been awarded through CDOT and are therefore covered by CDOT's DBE program and goal setting process (5304, 5310, 5311). FTA Sources of Funding: FFY 2013 (Oct. 2012 through Sept 2013) and Funding Amounts: o FTA 5304 Planning: Hub Park N Ride Study - Estimated $15,000. o FTA 5310 Capital: Paratransit Software Project - Estimated $15,450. o FTA 5311 Operating: 2011, 2012, and 2013 Calendar Year contract funds - reimbursed for: four months of 2011 expenses, five months of 2012 expenses, and estimated 1 /2 to 3 /4 of funds awarded for 2013; total amount for the three contract year reimbursements is estimated in the amount of $412,773. 5311 Operating award includes reimbursement for salaries, which are not contracting opportunities. o FTA 5309 State of Good Repair Capital: Bus Shelter Project - $103,000. • All 5304, 5310 and 5311 funds received for FY 2013 have been awarded through CDOT and are therefore covered by CDOT's DBE program and goal setting process. • State of Good Repair is the only funding received directly from FTA that would be eligible for an agency specific DBE Plan. The $103,000 received does not meet the $250,000 threshold requirement. 4