Title
Department of Transportation recommending the Board:
1) Adopt and authorize the Chair to sign Resolution 102-2023 and the Local Agency Disadvantaged Business Enterprise Annual Submittal Form (Exhibit 9-B) for Federal Fiscal Year 2023-24; 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 2023-24.
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) 2009-10 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. At this time, the County has not been directed...
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