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Home My WebLink AboutMINUTES - 10051999 - C61 TO: BOARD OF SUPERVISORS et FROM: J. MICHAEL WALFCRD, PUBLIC WORKS DIRECTOR DATE- October 5, 1999 SUBJECT- County DBE Program for U.S. Department of Transportation (FH' A and FAA) Funded Projects SpecificRequest(s) or Recommendations) & Background & Justification I, RECOMMENDED ACTION: 1. CONFIRM that, for federally funded highway and airport contracts awarded by the County in fiscal year (FY) 1999/2000, the County will continue under the County's existing adopted Disadvantaged Business Enterprise (DBE) program until Caltrans' DBE Program Plan (Pre- Approved Program) is approved by the Federal Highway Administration (FHWA) and Caltrans issues the final implementation instructions, including the final Pre-Approved Program. 2. ADOPT interim DBE goal of 10% of contract costs for federally funded highway and airport contracts let by the County in FY 1999/2000. Continued on Attachment: X S€GNAT RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATU€2E(SL. ACTION OF BOARD ON October 5, 1999 APPROVED AS RECOMMENDED K OTHER_ VOTE OF SUPERVISORS X UNANIMOUS (ABSENT NTone AYES: NOES: ASSENT: ABSTAIN: that fthls is a t zz, aVfd,cC rr.ect G:\Grp€3ata\Deslgn\Board OrdersiSO 1999\ ed a.n zZ takes DBE Program 10-5.doC Pnwto z 0the soaA.�� y��x q.� ., on. the Orig.Div: Public Works(Design Division) date,� ry 9��e Contact: Michael Hollingsworth(313-2231) October 5, 1999 cc: County Administrator, E. Kuevor AT VESTED; County Counsel PH1 -BATCHELOR, Clerk of the Board Caltrans,via PWD of Supervisors and County Administrator FAA;via PWD s� By - Deputy' SUBJECT: County DBE Program for U.S. Department of Transportation (FHWA and FAA) Funded Projects DATE. October 5, 1999 PAGE: 3. DECLARE intent to adapt Caltrans' Pre-Approved Program after that program is approved by the FHWA and Caltrans issues the final implementation instructions', including the final Pre- Approved Program. 4, DIRECT the Public Works Director and County Administrator to begirt developing a draft DBE program for the County for FY 2000/2001 for submittal to Caltrans by June 1, 2000. II. FINANCIAL IMPACT: No impact on General Fund. Pre-requisite to maintain eligibility for federal funding in FY 199912000. III. REASONS FOR RECOMMENDATIONIBACKGROUND: As a condition of receiving federal funding for highway and airport projects, the federal government has required focal agencies (federal-aid recipients) to; adopt and implement Disadvantaged Business Enterprise (DBE) programs and goals, Contra Costa County's DBE program was originally',adopted by the Board of Supervisors on larch 21, 1939, Since then, the County's DBE program has applied to federally funded highway and airport projects let by,the County. As recently as July 20, 1999, the County reaffirmed its commitment to the DBE program and established an annual DBE goal for FY 199311999. The U.S. Department of Transportation recently revised the local ', agency DBE program requirements, as set forth in Title 49, Dart 26, of the Code of Federal Regulations. Because the neve federal regulations were not made known to local agencies in 'sufficient time for local agencies to develop' agency-specific DBE programs, Caltrans (California Department of Transportation) has submitted to the FHWA for approval a proposed DBE Program Plan for use by local agencies for the remainder of federal FY 1999/2000 (i.e., approximately December 1, 1999 through September 30, 2000). It is anticipated that the FHWA will soon approve Caltrans' DBE Program Plan. Pending FHWA approval of Caltrans' DBE Program Plan, the County is required to adopt a statement that, for federally funded highway and airport contracts let by the County in federal FY 199912404, the County will continue under the County's existing adopted DBE program until Caltrans' proposed plan is approved by the FHWA and Caltrans issues the final implementation instructions, including,the final Pre-Approved Program, In addition, the County is required to adopt an interim DBE goal for federally funded highway and airport contracts let by the County in federal FY 199912010. Therefore, to comply with these requirements and to protect' the County's continued receipt of federal funds, it is recommended that the Board take the actions recommended above. "SUBJECT; County DBE Program for U.S. Department of Transportation (FHWA and FAA) Funded Projects DATE: October 5, 1999 PAGE: 3 Once the FHWA approves Caltrans' DBE Program Plan and Caltrans issues the final implementation instructions, including the final Pro-Approved Program, the County will have 30 days to forward its intent to either adopt the Pre-Approved Program or submit its own draft program. To comply with this requirement, it is further recommended that the Board declare; its intent to adopt the Pre-Approved Program after that program is approved by the FHWA and Caltrans issues the find implementation instructions, including the final Pro-Approved Program. As a condition of receiving federal funding for federal FY 2000/2001 (i.e., October 1, 2000 through September 30, 2001), Caltrans requires that each local agency prepare its own draft DBE program and submit the proposed program to Caltrans for approval by ,curie 1, 2000. To meet that deadline, it is essential that County staff (Public Works Department and County Administrator's Office) begin work promptly to develop a new agency-specific DBE program for the County. Ill. CONSEQUENCES OF NEGATIVE ACTION= The FHWA and Federal Aviation Administration (FAA) may stop authorizing any additional federal funds for highway and airport work if the Board does not take the recommended actions, The Public Works Department estimates $4.3 million in federal funds for FY 1999/2000 potentially are at risk.