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HomeMy WebLinkAboutAMEND DISADVANTAGED BUSINESS ENTERPRISE - DBE - RACE-NEUTRAL z- 7 � '; °✓ Council/Agency Meeting Held: oZ Deferred/Continued to: 4CApproved ❑ Conditionally Approved ❑ Denied C i t lerk' ignat Council Meeting Date: 2/5/2007 Departme ID Number: PW 07-003 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND,QITY COUNCIL MEMBERS SUBMITTED BY: P NE�LOCULBRETH-G FIAIFT, DMINIST TOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIREeOARPUBLIC WO S� SUBJECT: Amend the Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Disadvantaged Business Enterprise (DBE) Race-Neutral Implementation Agreement for Local Agencies requires a minor amendment. The City's cooperation is necessary to remain eligible to receive federal financial assistance for transportation related projects. Funding Source: No funding source is necessary for this action. Current federal, transportation grants total $3 million. Recommended Action: Motion to: Approve and authorize the Director of Public Works to execute the Amendment to the Disadvantaged Business Enterprise Race-Neutral Implementation Agreement. Alternative Action(s): Deny the recommended action and indefinitely suspend the City's eligibility to participate in federally funded transportation projects. e REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/5/2007 DEPARTMENT ID NUMBER: PW 07-003 Analysis: In 2000, the City Council authorized the Director of Public Works to execute the Disadvantaged Business Enterprise (DBE) Program. Each year, the City Council has adopted the necessary DBE program updates, including the submittal of the City's overall annual DBE participation goal. Recently, Public Works staff was informed of a statewide change in the implementation of the DBE program. Due to a court decision and direction from both the Federal Highway Administration (FHWA) and the State of California Department of Transportation (Caltrans), all cities intending to participate in federally funded transportation projects must utilize the prescribed Race-Neutral methodology in establishing their overall annual DBE goal. Caltrans informed affected agencies of an amendment to the previously executed Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for.. Local Agencies. This amendment addresses technical changes to the Disadvantaged Business Enterprise (DBE) Program Plan. These technical changes consist of modifying the Race- Neutral Measures section of the Caltrans DBE Program Plan to read identically to 49 CFR Part 26.51 (b), (1) — (9), and are not considered substantive. Attached is a page from the DBE Race-Neutral Implementation Agreement for Local Agencies (Exhibit 9-A) reflecting those technical changes within Section V. Race-Neutral Means of Meeting the Annual DBE Goal (26.51). The Amendment to the Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies is required to be executed as soon as possible in order to continue to participate in grant programs. Failure to meet this deadline will result in an indefinite suspension of the processing of the City's federally funded transportation projects through Caltrans. Public Works Commission Action: Not required for this action. Environmental Status: Not applicable. Attachment(s): NumberCity Clerk's Page Description 1. Amendment to the Disadvantaged Business Enterprise Race-Neutral Im lementation Agreement for Local Agencies. 2. Section V. Race-Neutral Means of Meeting the Annual DBE Goal (26.51) of the DBE Race-Neutral Implementation Agreement for Local Agencies (Exhibit 9-A). -2- 1/22/2007 12:00 PM ATTACHMENT # 1 AMENDMENT TO THE DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT For the City/Count-y of Huntington Beach , hereinafter referred to as "RECIPIENT.' Background A. RECIPIENT executed the California Department of Transportation's Disadvantaged Business Enterprise Implementation Agreement(hereinafter referred to as Agreement)on 5/19/2 0 0 6 as a condition of receiving federal-financial assistance. B. Due to the modification of the California Disadvantaged Business Enterprise Program Plan, the Agreement requires amending. C. This Amendment is the first amendment to the Agreement. . The RECIPIENT agrees to amend their obligations in the existing Agreement and RECIPIENT agrees to keep, perform, and fulfill the promises, conditions and agreements below: Amendment 1. The Agreement is amended as follows: Section V: Race-Neutral Means of Meeting the Annual DBE Goal(§26.51)of the Agreement is hereby amended to read identically to the Federal Code of Regulations, 49 CFR, Part 26.51. No Other Change 1 Except as otherwise expressly provided in this Amendment, all of the terms and conditions of the Agreement remain unchanged and in full force and effect. DBE Race Neutral Implementation Agreement Page 2 By 4Z (Signature) Robert Beardsley, Director of Public Works City of Huntington Beach Phone Number: (714) 536-5431 (Print Name and Title) ADMINISTERING AGENCY (Authorized Governing Body Representative) This Amend to he California Department of Transportation's Disadvantaged Business terprise rogram Plan Implementation Agreement is accepted by: A.oil Date: (Signature o LAE) FO (Print Name of DLAE) 3y � i _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ®�, Olqlnle ss.77 On T before me, A26 /s ate Name and Title ofi fficer(e.g.,"Jane Doe,Noilry Public") personally appeared Name(s)of Signers)If ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(e)whose name( is/awsubscribed 14D P.J.julln to the within instrument and acknowledged to me that Comn *m#1600M hekhe/th" executed the same in -his/her/#Heir AA AL--CaWonja authorized capacity(aes), and that by his/4w/4heir OKOW courM - signature(&) on the instrument the person(4), or the COMM.MV EVkWAUg12, entity upon behalf of which the person{sj-acted, executed the instrument. WITN S my hanA and official seal. Place Notary Seal Above412, r Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc um nt e Title or Type of Document: oi&grl Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Cla ed by Signer( Signer's Name:+ 1-Signer( ky Signer's Name: ❑ Individual 0 imcAi' 04: ❑ individual Corporate Officer—Title(s): "tic it ❑ Corporate Officer—Title(s): Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General ❑ Attorneyin Fact • Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Si er Is Representing: Signer Is Representing: ©2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder Call Toll-Free 1-800-876-6827 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 14, 2007 Mr. Alan Williams Caltrans, Office of Local Assistance 3347 Michelson Drive, Suite CN 380 Irvine, CA 92612-1699 Dear Mr. Williams: Enclosed please find the Amendment to the Disadvantaged Business Enterprise Race- Neutral Implementation Agreement. Upon execution by the board, please return a complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, J n L. Flynn City Clerk JF: pe Enclosure: Agreement G:followup:agrmtltr Telephone:714536-5227) ATTACHMENT #2 Local Assistance Procedures Manual Exhibit 9-A DBE Race-Neutral Implementation Agreement for Local Agencies IV Annual DBE Submittal Form (§26.21) The RECIPIENT will provide to the Caltrans' District Local Assistance Engineer(DLAE)a completed Local Agency DBE Annual Submittal Form(Exhibit 9-13)by June 1 of each year for the following Federal Fiscal Year (FFY).This form includes an Annual Anticipated DBE Participation Level(AADPL), methodology for establishing the AADPL, the name,phone number,and electronic mailing address of the designated DBELO, and the choice of Prompt Pay Provision to be used by the RECIPIENT for the following FFY. V Race-Neutral Means of Meeting the Annual DBE Goal (§26.51) RECIPIENT will assist Caltrans to achieve its Overall.Statewide DBE Goal by using race=neutral means of facilitating_DBE participation. Race-neutral DBE participation includes any time a DBE wins a prime contract through customary competitive procurement procedures, is awarded a subcontract on a prime contract that does not carry a DBE goal, or even if there is a DBE goal, wins a subcontract from_a rime contractor that did not consider its DBE status in making the award(e.g., a prime contractor that uses a strict low bid system to award subcontracts). Race-neutral means that may include,but are not limited to the following: 1. Arranging solicitations, times for the presentation of bids, quantities, specifications,and delivery schedules in ways that facilitate DBE, and other small businesses, participation (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces);Advertising solicitations, scheduling bidding periods and opening times, and packaging quantities, specifications, and delivery schedules in ways that facilitate DBE and other small business participationi, 2. Providing assistance t DBE and small business in overcoming limitations such as inability to obtain bonding or financing(e.g.,by such means as simplifying the bonding process,reducing bonding requirements, eliminatingthe impact of surety costs from bids,-and providing services to help DBEs and other small businesses,obtain bonding and financing)-- 3. Providing technical assistance and other services t DBE and sm ll.busi 1e""e".1 4. Pr-evidi*g-Can yin i out information and communication programs on contracting procedures and specific contract opportunities(e.g., ensuring the inclusion of DBEs,and other small businesses on recipient mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors ineludi d small businesses;pprovision of the information in languages other than English,where appropriate);- 5. Implementing a supportive services program to develop and improve immediate and long-term business management,record keeping,and financial and accounting capability for DBEs and other small businesses;- 6. Providing services to help DBEs and other small businesses,improve long-term development, increase opportunities to participate in a variety of kinds of work, handle increasingly significant projects,and achieve eventual self-sufficiency17 7. Establishing a program to assist new, start-up firms,particularly in fields in which DBE participation has been historically low, 8. -Ensuring distribution of the DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; and 4-.9. Assisting DBEs and other small businesses,to develop their capability to utilize emerging technology and conduct business through electronic media. I 9.1mplementing er de ele ..t., etom e { Page 9-31 LPP 06-03 July 214,2006 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Amend the Disadvantaged Business Enterprise Race- Neutral Implementation Agreement for Local Agencies COUNCIL MEETING DATE: February 5, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable ED Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached t Applicable Staff Report (If applicable) NoAttached Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator (initial) Vic- City Administrator (Initial) ( ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Clerk's(Below Space For City Only) RCA Author: L.Taite:jg Esparza, Patty From: Taite, Larry Sent: Wednesday, February 14, 2007 8:32 AM To: Esparza, Patty Subject: RE: DBE agenda item Patti, Here is your contact person for the subject document. You should request a copy of the fully executed document from Caltrans. Thanks! Larry r Mr.Alan Williams '! Caltrans, Office of Local Assistance 3347 Michelson Drive, Suite CN 380 �✓ Irvine, CA 92612-1699 From: Esparza, Patty Sent: Thursday, February 08, 2007 11:46 AM To: Taite, Larry Subject: DBE agenda item Hi Larry- I have the Amendment to the DBE Race-Neutral Implementation Agreement signed by Mr. Beardsley. Did you want me to send it out? If so, do you have the address&a name of a person who I can send it directly to? I am also concerned that there was only one agreement with the RCA-do they normally send a copy back to you? Usually, we have two originals and we would get one back from the Agency after they have executed their part. With only one original, that will not happen, so we need to be sure &get a copy back to complete our files. Thanks! Sincerely, Patty Esparza Senior Deputy City Clerk (714) 536-5260 Apply for your passports in the Huntington Beach City Clerk's Office! I