HomeMy WebLinkAbout21618 - RESOLUTIONS - 6/7/2006 RESOLUTION NO. 21618
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING
AGREEMENT NO. 5297, THE DISADVANTAGED
BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMEN-
TATION AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS).
WHEREAS, the City of Palm Springs receives federal-aid from the U.S. Department of
Transportation, Federal Highway Administration (FHWA), for construction of a variety of
regional and local highway construction projects; and
WHEREAS, Title 49 "Transportation", Part 26 'Participation by Disadvantaged Business
Enterprises in Department of Transportation Financial Assistance Programs" of the U.S.
Code of Federal Regulations (49 CFR Part 26), requires that Disadvantaged Business
Enterprise (DBE) Programs be used to promote the use of minority owned and small
businesses in federal-aid projects funded by the Department of Transportation; and
WHEREAS, the Department of Public Works and Engineering of the City of Palm Springs
(Department) receives federal-aid from the FHWA, and is subject to 49 CFR Part 26; and
WHEREAS, the Department is considered a "sub-recipient" of federal-aid from the FHWA,
as federal funds from the FHWA are distributed to each state through their respective
Department of Transportation; and
WHEREAS, the California Department of Transportation (Caltrans) is the direct recipient of
federal funds from the FHWA in California, and subsequently distributes to the City through
the Department its federal funds allocated or otherwise granted to it for FHWA federal-aid
Projects in the City of Palm Springs; and
WHEREAS, the Ninth Circuit Court of Appeals ruled in Western States Paving Co, Inc v.
Washington State Department of Transportation et al that the Washington State
Department of Transportation (WDOT) DBE Program was not narrowly tailored as required
by 49 CFR Part 26, and that its DBE Program lacked evidence of discrimination supporting
its race-conscious DBE goals; and
WHEREAS, the Ninth Circuit Court of Appeals ruling affects states within the 9th Federal
Judicial Circuit, including: California, Oregon, Washington, Alaska, Arizona, Idaho,
Montana, Nevada, and Hawaii; and
WHEREAS, Caltrans gathered and considered past disparity studies, comments, and
written evidence received during a 90-day public comment period ending March 20, 2006,
to determine whether or not there is the existence of discrimination in the highway
contracting industry that supports the use of race-conscious DBE goals in the state of
California; and
Resolution No. 21618
Page 2
WHEREAS, after Caltrans' review of its DBE Program and the information evaluated and '
received during its 90-day public comment period, Caltrans determined that the data lacks
sufficient evidence to satisfy the strict scrutiny and newly-established evidentiary standards
set forth by the Ninth Circuit Court of Appeals in order to continue with a race-conscious
DBE Program; and
WHEREAS, on May 1, 2006, Caltrans notified the FHWA and all sub-recipients of FHWA
federal funds from Caltrans of its determination, and that effective May 1, 2006, Caltrans
and all sub-recipients of FHWA federal funds from Caltrans must implement a DBE race-
neutral program, pending the results of a more comprehensive study of the facts; and
WHEREAS, pursuant to its implementation of a race-neutral DBE Program, Caltrans
requires sub-recipients of FHWA federal funds from Caltrans to enter into an
Implementation Agreement with Caltrans, agreeing to follow the Caltrans Race-Neutral
Disadvantaged Business Enterprise Program for the state of California.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The Disadvantaged Business Enterprise Race-Neutral Implementation
Agreement between the City of Palm Springs and the California Department of
Transportation (Caltrans) is hereby approved. The City Attorney shall approve as to form,
pursuant to the findings and requirements made by Caltrans, and the City Manager is
hereby authorized to execute the Agreement, as attested by the City Clerk.
Section 2. The Director of Public Works/City Engineer is hereby authorized to prepare
and execute the City's Annual Anticipated DBE Participation Level (AADPL), as required
by and in accordance with the Caltrans Local Assistance Procedures Manual, Exhibit 9-13,
"Local Agency DBE Annual Submittal Form", for the 2006-07 and subsequent fiscal years.
Section 3. The Director of Public Works/City Engineer is hereby authorized to execute
and approve on behalf of the City, subsequent Implementation Agreements, or other
annual Disadvantaged Business Enterprise Agreements as required by Caltrans to satisfy
49 CFR Part 26, as may be determined in the future by further findings made by Caltrans,
other state Departments of Transportation, or other judicial rulings with regard to the use of
race-conscious and/or race-neutral goals in federally funded highway construction
projects.
ADOPTED this 7th day of June, 2006.
David H. Ready, City A q&
Resolution No. 21618
Page 3
' ATTEST:
46mes Thompson, City C erk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21618 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 7, 2006, by the following
vote:
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and
Mayor Oden
NOES: None
ABSENT: Councilmember McCulloch
ABSTAIN: None
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J44mes Thompson, City Clerk
""City of Palm Springs, California