HomeMy WebLinkAboutMINUTES - 05192009 - C.1RECOMMENDATION(S):
APPROVE the California Department of Transportation Disadvantaged Business Enterprise
Implementation Agreement with the California Department of Transportation,
AUTHORIZE the County Administrator to sign the new Disadvantaged Business Enterprise
Implementation Agreement on behalf of the County, and RESCIND the existing
Disadvantaged Business Enterprise Implementation Agreement which was approved by the
Board of Supervisors on May 23, 2006 and amended March 6, 2007.
FISCAL IMPACT:
There is no impact to the County General Fund. Execution of this Agreement is prerequisite
to maintaining eligibility for Federal funding for County highway and bridge projects.
BACKGROUND:
On May 23, 2006, the Board of Supervisors approved a Disadvantage Business Enterprise
(DBE) race-neutral implementation agreement. This agreement was required by the
California Department of Transportation (Caltrans) to maintain eligibility for Federal
Highway Administration
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/19/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Mike Hollingsworth
(313-2231)
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: May 19, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Jane Pennington, Deputy
cc: Mike Hollinsworth, Design, Marlon Epps, Design
C. 1
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:May 19, 2009
Contra
Costa
County
Subject:APPROVE the Disadvantaged Business Enterprise (DBE) Implementation Agreement for (FHWA) Funded
Projects, Countywide
BACKGROUND: (CONT'D)
(FHWA) funds in conformance with a Federal Court decision. The court determined that
local agencies could not implement a race-conscious DBE program, i.e. contract DBE
goals, without sufficient evidence of a demonstrable need for such measures.
On behalf of the State and local agencies, Caltrans performed a state-wide disparity
study. Based upon this study, sufficient evidence was gathered in support of a
narrowly-tailored race-conscious DBE program. Subsequently, Caltrans revised their
Disadvantaged Business Enterprise (DBE Program) and are now requiring that all local
agencies receiving FHWA funding through them enter into a Disadvantaged Business
Enterprise Implementation Agreement which commit local agencies to adhere to their
DBE Program. The adoption of this agreement will supersede the 2006 agreement and its
2007 amendment and require the Board to rescind these earlier documents, as well.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not take the recommended action, Caltrans will stop authorizing
Federal funds earmarked for County road and bridge projects.
ATTACHMENTS
G:\design\BOARD ORDERS\2009\DBE Implementation Agreement MH 4-30-09.pdf