File #: 22-0994    Version: 1
Type: Agenda Item Status: Approved
File created: 5/24/2022 In control: Board of Supervisors
On agenda: 6/21/2022 Final action: 6/21/2022
Title: Department of Transportation recommending the Board: 1) Adopt and authorize the Chair to sign Resolution 087-2022 and the Local Agency Disadvantaged Business Enterprise Annual Submittal Form (Exhibit 9-B) for Federal Fiscal Year 2022-23; and 2) Authorize the Department of Transportation to submit said Resolution and Exhibit 9-B to the California Department of Transportation for Federal Fiscal Year 2022-2023. FUNDING: N/A
Attachments: 1. A - Approved Resolution Route Sheet, 2. B - FFY 2022-23 Resolution to Adopt Exhibit 9-B, 3. C - FFY 2022-23_DBE Exhibit 9-B Form, 4. D - FFY 2022-23_DBE Exhibit 9-B (Attachment A)_Race Neutral Measures, 5. E - FFY 2022-23_DBE Exhibit 9-B (Attachment B)_Prompt Payment, 6. F - FFY 2021-22_DBE Exhibit 9-A Agmt_FE1, 7. G - Resolution 076-2021 - DBE Program Sept 2020 Implementation Agmt_FE, 8. Executed Resolution 087-2022
Related files: 20-0747, 21-0939, 23-1070, 24-1439
Title
Department of Transportation recommending the Board:
1) Adopt and authorize the Chair to sign Resolution 087-2022 and the Local Agency Disadvantaged Business Enterprise Annual Submittal Form (Exhibit 9-B) for Federal Fiscal Year 2022-23; and
2) Authorize the Department of Transportation to submit said Resolution and Exhibit 9-B to the California Department of Transportation for Federal Fiscal Year 2022-2023.

FUNDING: N/A
Body
DISCUSSION / BACKGROUND
In order to receive federal transportation funds, the County must follow California Department of Transportation’s (Caltrans) Disadvantaged Business Enterprise (DBE) Program for implementation into projects funded with United States Department of Transportation (USDOT) funds. This DBE Program does not apply to projects without USDOT funding. The Federal Highway Administration (FHWA) is the Operating Administrator for USDOT funding of transportation projects.

The FHWA/Caltrans approved Federal Fiscal Year (FFY) 2009/2010 DBE Implementation Agreement (Exhibit 9-A) had gone unchanged for over a decade. On September 4, 2020, Caltrans revised the agreement to include format changes, extending language to include consultants as contractors, revisions to prompt payment of withheld funds to subcontractor clauses, revisions to updated code references, and added Article XVII for prompt payment from the Local Agency to the Contractors. These updates are included in the fully executed updated Exhibit 9-A in blue font. On May 6, 2021, Caltrans directed local agencies to re-execute/resubmit the September 2020 DBE Implementation Agreement for Local Agencies. This re-execution/resubmission is only required once until receipt of future revisions and direction from Caltrans. On June 29, 2021, Legistar 21-0939, Item 28, the Board of Supervisors adopted the updated September 2020 DBE Implementation Agreement for Local Agencies (Exhibit 9-A) and associated Resolution 076-2021.

Article IV, Annual DBE Submittal Form (49 C...

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