06 Staff Report - DBE on Funded Projects for 2003-04
DATE: TO: FROM: COUNCIL AGENDA REPORT MARCH 9, 2004 DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 3/15/04 ITEM NO. & SUBJECT: ADOPT RESOLUTION AUTHORIZING
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATIONFORUSE ONU. S. DEPARTMENT OFTRANSPORTATIONFUNDEDPROJECTS FORFISCALYEAR2003-04 RECOMMENDATION: Adopt resolution (Attachment 1) authorizing
disadvantaged business enterprise (DBE) participation for use on U. S. Department of Transportation funded projects for fiscal 2003-04. BACKGROUND The Town of Los Gatos receives grant
funding for many capital projects from the Federal Government. In making the funds available, the recipients required to promote and administer an approved DBE Program. During the
fiscal year of 2001-2002, staff retained a consultant to assist in the preparation of the DBE Program and Overall Annual Analysis. This has been done in conformance with Title 49 Code
of the Federal Regulations Part 26. On February 19, 2002 Council approved the Disadvantage Business Enterprise (DBE) for the Town ofLos Gatos. The program was adopted by the recipient,
in this case the Town, and approved by the California Department of Transportation (Caltrans). The Town has established an overall annual DBE Goal for the fiscal year 2003/2004 (Attachment
2) and has made it available for public comment on Februaiy 25, 2004 (Attachment 3) for the required 30 day period and the 15 day review period before bringing the program to the Council
for adoption. As ofthis date, no comments have been received. PREPARED BY: J HN E. CURTIS . irector ofParks and Public Works Reviewed by: Town Manager
__Community Development Reformatted: 5/30/02 ()l/Attomey __Clerk &"Finance Revised: 3/9/04 1:58 pm N:\B&E\COUNCIL REPORTS\DBE.rpt.3-15-04.wpd
PAGE 2 MAYOR AND TOWN COUNCIL ADOPT RESOLUTION AUTHORIZING DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION FOR USE ON U, S, DEPARTMENT OF TRANSPORTATION
FUNDED PROJECTS FOR FISCALYEAR 2003-04 MARCH 9, 2004 DISCUSSION: The overall annual goal for DBE participation on Federally funded projects in Los Gatos is 5%. Using the methodology
approved by Caltrans, staffand the consultant looked at the current projects with federal funds: The Louise Van Meter Elementary School, Daves Avenue Elementary School, Fisher Middle
School, and Los Gatos High School Highway Street and Construction. Using the categories ofwork included in the projects and the region from which the potential contractors would be located,
the base figure of5% was calculated. This means that, for federally funded proj ects, Los Gatos must endeavor to have 5% of the dollar volume of these contracts to be awarded to DBE
subcontractors. DBE subcontractors are drawn from a list prepared by"Caltrans and encompassing this region ofthe State. The General Contractors are required, by the terms orthe DBE Program,
to use means prescribed within it to and retain subcontractors with a DBE status for 5% oftheir total contract value. The base figure is recalculated annually based on the
experience obtained in the program for the past year and the types of projects to be federally funded in the following year. Caltrans requires that revised figures be submitted by October
I annually for cities to remain eligible for allocations ofFederal funding on approved projects. CONCLUSION: Staffrecommends that Council adopt the attached resolution approving (DBE)
participation for use on U. S. Department of Transportation funded projects for fiscal 2003-04. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action
is required. FISCAL IMPACT: Allocation ofFederal funds cannot occur without the implementation ofan approved program. It is mandated. The program will require stafftime not currently
allocated in order to manage and update it. It becomes the responsibility of the Town to assure the program is properly followed by contractors who come under its provisions. It is also
the responsibility of the Town to review the adequacy of the program annually and to make revisions for the following fiscal year based on current fiscal year findings. This will require
an undesignated amount ofstafftime or the retention of a consultant to provide this effort. Attachments: 1. Resolution approving the Disadvantaged Business Enterprise (DBE) participation
2. Overall Annual Disadvantaged Business Enterprise Goal Information for FY 2003-04 3. Public Notice
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION FOR USE ON U. S. DEPARTMENT OF TRANSPORTATION FUNDED
PROJECTS FOR FISCAL YEAR 2003-04 WHEREAS, the Town of Los Gatos receives funds through the U. S. Department of Transportation for certain approved transportation related proj ects. WHEREAS,
it is the requirement of all recipients of these Federal Funds to promote the utilization of Disadvantaged Business Enterprises; and WHEREAS, it is the requirement of all recipients
of these Federal Funds to adopt an approved program detailing the setting of goals for utilization of the DEE'S in Federally funded contracts and the inclusion ofthese goals and other
requirements in all such projects; and WHEREAS, the Town of Los Gatos has duly fulfilled the State and Federal requirements regarding the establishment of an official program that establishes
the goals for the utilization of DBE'Sin Federally funded contracts and the inclusion ofthese goals and other requirements in all such projects. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
the Town ofLos Gatos does hereby find, determine, and order that: 1. Approves the Town's Disadvantaged Business Enterprise Program for fiscal year 20032004 and its initial participation
goal of 5%. 2. Directs the Parks and Public Works Department to monitor andevaluate the newly adopted DBE Program goal in accordance with the direction and requirements of the Federal
Department of Transportation and its duly authorized agents. Attachment 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 15th day of March, 2004 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN:
SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
TOWN OF Los GATOS CMC CENTER 110 E. MAIN STREET P.O. Box 949 Los GATOS, CA 95031 . February 4,2004 Mr. Moe Shakernia Caltrans -District 4 District Local Assistance Engineer 111 Grand
Avenue P.O. Box 23660 Oakland, CA 94623-0660 Subject: Overall Annual Disadvantaged Business Enterprise Goal Information. Dear Mr. Shakernia: The amount ofoverall goal, methodology, breakout
ofestimated race-neutral and race-conscious participation and any DBE Program updates are presented herein in accordance with Title 49 ofthe Code ofFederal Regulations Part 26, and as
described in the LocalAssistance Procedures Manual. The Town ofLos Gatos re-submits their Annual Overall Goal Information for your review and comments. We propose an annual overall DBE
goal of5% for the federal fiscal year of 2003/2004, beginning October 1, 2003 and ending on September 30,2004. Methodology Please refer to the Town ofLos Gatos' proposed Overall Annual
DBE Goal Analysis for federal fiscal year 2003/2004 (Attached). DBEProgram Please refer to the Town ofLos Gatos DBE Program -(Attached). Very truly yours, . . J . Curtis
. irector ofParks and Public Works/DBE Liaison Officer Cc: Day Korb, Town Attorney Attachments: l.Overall Annual DBE Goal for Federal Fiscal Year 2003/04 2. Disadvantaged Business Enterprise
Program INCORPORATED AUGUST 10, 1887 Attachment 2
Town of Los Gatos Overall Annual DBE Goal 03/04 Page 1 TOWN OF LOS GATOS DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM OVERALL ANNUAL DBE GOAL AND METHODOLOGY FOR FEDERAL FISCAL YEAR
(FFY) 2003/04 L DOT-ASSISTED CONTRACTING PROGRAM FOR FFY 2003/04 Table 1 below represents one DOT-assisted project the Town ofLos Gatos considered in the overall goal-setting process
for FFY 2003/04. Only one project have subcontracting opportunities and are anticipated to be awarded and/or expended within the fiscal year: Table 1 =="""""'" ===""'=-Table 2 below
provides a summary ofthe corresponding subspecialty work grouped into two primary categories aI,d identifies the Estimated Federal Dollar Share and Percent ofFederal Funding ofeach
primary work category utilizing Caltrans' Work Category Codes (WCC) and comparable 2001 Census Business Patterns database North American Industry Classification System (NAICS) Work Codes.
Table 2 Engineering TOTAL 54133 $63,000.00 . $307,035.00 20% 100%
PUBLIC NOTICE TOWN OF LOS GATOS NOTICE IS HEREBY GIVEN, that the Town of Los Gatos has established a Proposed Overall Annual Disadvantaged Business Enterprise (DBE) Goal of 5%, applicable
to DOT assisted contracting opportunities scheduled to award during the period of October 1, 2003 through . September 30, 2004. The Town ofLos Gatos Proposed Overall Annual Goal and
its rationale were developed in response to U. S. Department of Transportation's new Disadvantaged Business Enterprise Program Final Rule (49 CFR Part 26), and are available for inspection
for (30) days following the date of this Notice, from 8:30 a.m. to 4:00 p.m., Pacific Standard Time, Monday through Friday at the Town ofLos Gatos Parks and Public Works Department located
at: Town ofLos Gatos Parks and Public Works Department 41 Miles Avenue P. O. Box 949 Los Gatos, CA 95031 (408) 399-5770 jcurtis@losgatosca.gov Comments will be accepted on the Goal for
forty-five (45) days from the date of this Notice. Comments can be forwarded to Mr. John E. Curtis (DBE Liaison Officer) at the Town ofLos Gatos at the above address. Dated at Los Gatos,
California, this 25th day ofFebruary, 2004 E. Curtis, Director ofParks and Public Works N:\B&E\MlLLIE\notice.dbe.wpd Attachment ::5