HomeMy WebLinkAboutResolution - 2941 STATE OF CALIFORNIA ) RESOLUTION NO. 2941
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, ADOPTING A RACE-NEUTRAL DISADVANTAGED BUSINESS
ENTERPRISE (DBE) PROGRAM PLAN
WHEREAS, the City of San Jacinto in 2000 adopted a race-conscious
Disadvantaged Business Enterprise Program; and
WHEREAS, the Ninth Circuit Court of Appeals, in a decision regarding the
Washington State Department of Transportation, determined that sufficient evidence
must exist to support the use of race conscious measures on federal-aid contracts; and
WHEREAS, Caltrans conducted an assessment of its DBE program, including an
extended public comment period, and determined that the use of race conscious
programs and goals could violate the Ninth Circuit ruling, which is controlling authority
for California; and
WHEREAS, as of May 1, 2006 Caltrans adopted and began implementing the
"California Department of Transportation Disadvantaged Business Enterprise Program
Plan" ("Caltrans DBE Program") to institute a solely race-neutral DBE program at both
the state and local level;
WHEREAS, the Caltrans DBE Program replaces the existing Caltrans race-
conscious DBE program as well as all existing local agency DBE programs, unless a
local agency program has been directly approved by a federal agency;
WHEREAS, local agencies no longer have their own separate DBE programs,
but must instead complete a "Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement" between the local agency and Caltrans; and
WHEREAS, rather than establishing their own DBE goals, local agencies are
now required to calculate their Annual Anticipated DBE Participation Level (AADPL)
based on factors set forth in the Local Programs Procedures, which revise the Local
Assistance Procedures Manual to provide for a solely race-neutral program, and to
submit the AADPL to Caltrans via the "DBE Annual Submittal Form" for the relevant
federal funding year; and
WHEREAS, in order to comply with the new Caltrans DBE Program, local
agencies must also make certain changes to all federal aid contracts, including the
addition of certain boiler plate provisions for all federal-aid construction contracts, and
the inclusion of new exhibits to all federal-aid consultant contracts.
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