REPORT TO COUNCIL
SUBJECT
Title
Action on Adopting a Resolution Authorizing the City Manager, or Designee, to Execute all California Department of Transportation Disadvantaged Business Enterprise Implementation Agreements [Council Pillar: Deliver and Enhance High Quality Efficient Services and Infrastructure]
Report
BACKGROUND
The City receives federal financial assistance from the U.S. Department of Transportation (DOT) through the California Department of Transportation (Caltrans) for various public improvement projects. Projects include, but are not limited to, pavement rehabilitation, trail rehabilitation, safe routes to school improvements, bicycle lane improvements, and traffic-related improvements. Currently, the City has been awarded approximately $15 million in grant funding from various agencies, including the State of California, Bay Area Air Quality Management District, Santa Clara Valley Transportation Authority, Federal Highway Administration, and Metropolitan Transportation Commission. A significant amount of this grant money (over $10 million) comes from the federal government through the Federal Highway Administration, a division of DOT. As a condition of receiving assistance from the federal government, the City is required to sign the Caltrans Disadvantaged Business Enterprise (DBE) Implementation Agreement (Agreement).
DISCUSSION
The Agreement requires the City to ensure that DBEs have an equal opportunity to receive and participate in DOT-assisted contracts and that the City's policy:
* Does not discriminate in the award and administration of DOT-assisted contracts.
* Creates a level playing field on which DBEs can compete fairly for DOT-assisted contracts.
* Ensures that the DBE participation percentage is narrowly tailored, in accordance with applicable law.
* Ensures that only firms that fully meet 49 CFR 26 eligibility standards are permitted to participate as DBEs.
* Helps remove barriers to the participation of DBEs in Federal-aid...
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