HomeMy WebLinkAboutMINUTES - 06092009 - C.05RECOMMENDATION(S):
APPROVE and ADOPT the attached Disadvantaged Business Enterprise (DBE) Program,
AUTHORIZE the County Administrator to sign the attached DBE Program document, and
DIRECT the Public Works Director to file the attached DBE Program with the California
Department of Transportation and the Federal Aviation Administration.
FISCAL IMPACT:
No impact on General Fund. Adoption of a DBE Program is a requirement for the County
to receive Federal Highway and Federal Aviation Administration funding for highway and
airport projects.
BACKGROUND:
The Federal Highway Administration (FHWA) and Federal Aviation Administration (FAA)
are within the U.S. Department of Transportation. They are a source of billions of dollars in
federal funding to local agencies for transportation and airport improvements each year. To
be eligible for funding, agencies must comply with Part 26 of Title 49 of the Code of
Federal Regulations, “Participation by Disadvantaged Business Enterprises in Department
of Transportation Financial
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 06/09/2009 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
(925) 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: June 9, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: David Twa, CAO, Emma Kuevor, Affirmative Action Officer, Mike Hollingsworth, Design, Marlon Epps, Design
C. 5
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 9, 2009
Contra
Costa
County
Subject:APPROVE Disadvantaged Business Enterprise (DBE) Program, (Federal Highway and Federal Aviation
Administration Funds)
BACKGROUND: (CONT'D)
Assistance Program.” 49 CFR, Part 26 requires local agencies to implement a
disadvantaged business enterprise (“DBE”) program. In general, the goal of a DBE
program is to allow small businesses that are at least 51% controlled by one or more
persons who are socially and economically disadvantaged the opportunity to compete for
certain contracts.
In 2005, the Ninth Circuit Court of Appeals issued a ruling that affected all state and local
agency DBE programs in the nine western states. (Western States Paving Co. v. State of
Washington Dept. of Transportation, 407 F.3d 983 (9th Cir. 2005).) The Court of Appeals
ruled that agencies must have evidence that demonstrates a need for race-conscious
measures, such as DBE goals, in their federally-funded contracts. Following this ruling,
the FHWA and FAA instructed agencies to provide evidence in support of their
race-conscious DBE programs, or begin gathering evidence and change to race-neutral
DBE programs in the interim.
Caltrans conducted a state-wide availability and disparity study on behalf of the local
agencies in its jurisdiction that receive FHWA funds. The FHWA approved this study in
March 2009. The study demonstrates a need for race-conscious contract goals for African
American, Women, Asian Pacific American and Native American-owned businesses
(Underutilized Disadvantaged Business Enterprises (“UDBE”)).
Based on the results of the study, Caltrans revised its DBE Program to implement
race-conscious UDBE goals. Under the revised DBE Program, new race-conscious
contract specifications must be incorporated in all federal-aid construction and consultant
contracts. Caltrans required local agencies that receive FHWA funds through Caltrans to
implement this revised DBE program. The Board of Supervisors approved the Caltrans
DBE Implementation Agreement on May 19, 2009.
Section 26.21 of 49 CFR also applies to FAA-funded projects. To remain eligible for
FAA funds, local agencies must implement a race-conscious DBE program based on
evidence demonstrating a need for race-conscious measures. The cost of conducting a
study and gathering evidence in support of race-conscious measures is between $500,000
and $1,000,000. Staff has reviewed the Caltrans availability and disparity study and finds
that it covers the same types of professional services and contractors that are utilized on
FAA-funded County airport projects. Staff believes the results of the Caltrans study also
apply to projects that are eligible for FAA funds. Accordingly, the attached DBE
program also applies to projects that are eligible for FAA funds.
Upon Board approval of the attached DBE Program, the Public Works Department will
send copies of this attached DBE Program to FAA and Caltrans for their acceptance. The
attached DBE Program replaces the previous DBE Program adopted by the Board on
October 14, 2004.
CONSEQUENCE OF NEGATIVE ACTION:
Potential loss of federal funding for important road and airport projects.
ATTACHMENTS
G:\design\BOARD ORDERS\2009\6-9-09\Approve Disadvantage Business Enterprise\DBE 1 Program.pdf