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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. Page 1 of 6