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HomeMy Public PortalAboutResolution 03-41961 1 1 RESOLUTION NO. 03 -4196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM GOAL FOR FEDERAL FISCAL YEAR 2003 -2004 WHEREAS, local agencies applying for Federal funds must comply with all elements of Title 49, part 26 of the Code of Federal Regulations (CFR) entiltled "participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assisted Programs; and WHEREAS, the State of California Department of Transportation (Caltrans) will monitor local agencies' procedures to assure compliance with Title VI and Title VIII of the Civil Rights Acts of 1964 and 1968, respectively; and WHEREAS, the City of Temple City receives federal funding from the Federal Highway Administration for capital improvement projects benefiting the City; and WHEREAS, the City of Temple City supports state and federal goals of non - discrimination in the awarding of contracts for capital improvement projects; and WHEREAS, as of August 2002, the City of Temple City has an adopted and approved DBE program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AS FOLLOWS: SECTION 1. The City of Temple City's Disadvantaged Business (DBE) Program Participation Goal of 12% for Fiscal Year 2003 -04, is hereby approved. SECTION 2. The City Manager or his designee is hereby authorized to sign the City's DBE Program participation goal documents, and revisions. SECTION 3. The Director of Public Services is authorized to administer the terms of the DBE Program on behalf of the City. SECTION 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED on this 1st day of July, 2003. ATTEST: City Clerk MAYOR I, City Clerk of the City of Temple City, do hereby certify that the foregoing resolution, Resolution No. 03 -4196, was adopted by the City Council of the City of Temple City at a regular meeting held on the 1st day of July, 2003 by the following vote: AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra NOES: Councilmember -None ABSENT: Councilmember -None City Clerk ATTACHMENT DBE Goal Methodology 2003/04 ATTACHMENT CITY OF TEMPLE CITY Determination of Overall Annual DBE Goal for Fiscal Year 2003/04 Using DBE Directories and Census Bureau's CBP Database The City of Temple City has determined the overall goal or level of DBE participation expected in FHWA- assisted contracts in the Fiscal Year 2003/2004. The overall goal is split into two components: race - neutral and race - conscious. Methodology Step 1 This step involves determination of a base figure for the relative availability of DBEs that are ready, willing and able to participate in the Federal -aid contracting program. The City of Temple City elects to use its DBE directories and Census Bureau's County Business Pattern database to determine the base figure for DBE goal. The City had one DOT - assisted Federal -Aid project completed in the last five years. The project was completed in 1997 under the supervision of L. A. County Department of Public Works and it involved resurfacing of Temple City Boulevard. The City will use its DBE directory from this project and the Census Bureau's 1999 business pattern database for the regional market, i.e., Los Angeles - Long Beach MSA (available from internet website, www. census. gov /epcd /cbp /view /cbpview.html). The following is the data on this project: Federal Fund Expenditure Data Work Category SIC Total Cost Federal Fund Highway & Street Construction 23411 $896,898 $717,518 DBE Participation and Census Bureau's County Business Pattern (CBP) Data Work Category SIC No. of DBEs No. of All CBP Businesses Highway & Street Construction 23411 1 109 Calculation of Base Figure Base Figure = Number of DBEs / Number of All businesses = 1/109 = 0.91% 1 1 1 1 1 ATTACHMENT DBE Goal Methodology 2003/04 Step 2 This step involves adjustment of the Base Figure based on our review of relevant evidence. The evidences are: A. Current capacity of DBEs measured by actual DBE goal attainments in recent past years. The City had one DOT- assisted Federal -Aid project completed in the last five years. The project was completed in 1997 and it involved resurfacing of Temple City Boulevard. This project had an established DBE goal of 12% and DBE participation attained was 13 %. Federal Fiscal Year (FFY) 1997 -1998 Work Category $ Paid to Contractors $ Paid to DBE Firms BE Goal Attained Highway & Street Construction $896,898.14 $117,146.48 13% B. Disparity Study No relevant Disparity Study was performed. C. DBE goal of other agencies The City of Temple City collected information on the DBE goals of other Cities in the region. The average of DBE goals of these agencies approximates to 11.3 %. Goal Adjustment: Based on the evidences discussed above, the City of Temple City anticipates to achieve a DBE goal of 12% in the Fiscal Year 2003/04. Race - neutral and Race - conscious Components Of the overall annual 12% goal for DBE participation, the City of Temple City projects to achieve 4% of the goal by utilizing race - neutral methods. These methods will include, but will not be limited to the following: i) making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses, ii) encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves, and ATTACHMENT DBE Goal Methodology 2003/04 iii) providing technical assistance, and other support services to facilitate consideration of DBEs and other small businesses. The remaining 8% of the goal is anticipated to be accomplished through race - conscious measures, which will include establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City's overall annual DBE goal. Public Participation In accordance with Public Participation Regulatory Requirements of 49 CFR Part 26.45 and Caltrans Local Assistance Procedures Manual (LAPM)- Chapter 9, this goal analysis will be reviewed with minority, women, local business chambers, community organizations, and other U.S. DOT recipients. These entities are knowledgeable about the availability of disadvantaged and non - disadvantaged businesses and the effects of discrimination on contracting opportunities for DBEs within the City's marketplace. Additionally, the City will published a Public Notice in general circulation media, women /minority focused media, announcing the City's proposed overall annual goals, for the FY 2003 -2004 contracts assisted by DOT. Such Notice will inform the public that the proposed goals and their rationale will be available for inspection at the City during normal business hours for 30 days following the date of the Public Notice and, that the City will accept comments on the goals for 45 days from the date of the Public Notice. The required public participation provisions will be fully satisfied prior to submitting the City's Final DBE Program and Overall Annual DBE Goal for Final Review and Approval by September 1, 2003. 1 1 1