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File #: 21-0939    Version: 1
Type: Agenda Item Status: Approved
File created: 6/1/2021 In control: Board of Supervisors
On agenda: 6/29/2021 Final action: 6/29/2021
Title: Department of Transportation recommending the Board: 1) Adopt and authorize the Chair to sign Resolution 076-2021 and the California Department of Transportation Disadvantaged Business Enterprise Implementation Agreement (Exhibit 9-A); 2) Adopt and authorize the Chair to sign Resolution 077-2021 and the Local Agency Disadvantaged Business Enterprise Annual Submittal Form (Exhibit 9-B); and 3) Authorize the Department of Transportation to submit said Resolutions, Agreement, and Form to the California Department of Transportation for Federal Fiscal Year 2021-2022. FUNDING: N/A
Attachments: 1. A - Counsel Approval, 2. B - Resolution 9A, 3. C - FFY 2021-22_DBE Exhibit 9-A Agmt, 4. D - Resolution 9B, 5. E - FFY 2021-22_DBE Exhibit 9-B Form, 6. F - FFY 2021-22_DBE Exhibit 9B_Attach A.pdf, 7. H - (9A) AGMT 09-52635 FE - Draft Resolution 088-2009, 8. G - FFY 2021-22_DBE Exhibit 9B_Attach B, 9. Executed Resolution 076-2021, 10. Executed Resolution 077-2021
Related files: 19-0753, 20-0747, 09-0344, 18-0757
Title
Department of Transportation recommending the Board:
1) Adopt and authorize the Chair to sign Resolution 076-2021 and the California Department of Transportation Disadvantaged Business Enterprise Implementation Agreement (Exhibit 9-A);
2) Adopt and authorize the Chair to sign Resolution 077-2021 and the Local Agency Disadvantaged Business Enterprise Annual Submittal Form (Exhibit 9-B); and
3) Authorize the Department of Transportation to submit said Resolutions, Agreement, and Form to the California Department of Transportation for Federal Fiscal Year 2021-2022.

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.

On March 5, 2009, Caltrans notified the County that it had just received conditional approval from FHWA to immediately implement the Caltrans Federal Fiscal Year (FFY) 2009-2010 DBE goal and methodology. That approval required the immediate implementation of a new DBE Program, which included a Race Conscious component.

On May 5, 2009, Legistar 09-0344, Item 27, the Board adopted Resolution 088-2009 approving the Caltrans DBE Program and authorized the Board Chair to sign the Caltrans DBE Program Implementation Agreement (Attachment H) for Local Agencies 09-52635 (DBE Implementation Agreement). On behalf of the FHWA, Caltrans provided its approval on May 8, 2009. In accordance with 49 Code of Federal Regulations Part 26.21, this approval of the Program counts for all of the County’s USDOT-assisted programs.

The FHWA/Caltrans approved FFY 2009-2010 DBE Implementation Agreement has gone unchanged...

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