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 contracts.
• Assists with the development of firms so that they can compete successfully in the marketplace outside the DBE Program.
In May 2006, the City executed an Agreement with Caltrans and an updated Agreement was executed in April 2009. In September 2019, The City received notification from Caltrans that the existing Agreement is outdated and a new Agreement (Attachment No. 1) requires City approval. Staff has reviewed the proposed Agreement and there are no significant changes.
Past practice has been for the Council to authorize City Manager approval for each individual Agreement. In an effort to streamline the execution of these Agreements in the future, the proposed resolution (Attachment 2) authorizes the City Manager, or his/her designee, to execute this proposed Agreement as well as all future California Department of Transportation Disadvantaged Business Enterprise Implementation Agreements. The authorization will be effective from the date of adoption of the Resolution.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact other than staff time.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution authorizing the City Manager, or designee, to execute all California Department of Transportation Disadvantaged Business Enterprise Implementation Agreements.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Disadvantaged Business Enterprise Implementation Agreement
2. Resolution