City Council Agenda Report
July 16, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: James C. Parker, Executive Director of Regional Transportation Theresa Clark, Transit Administration Officer
SUBJECT: RESOLUTION NO. 24-39 - APPROVAL OF DISADVANTAGED BUSINESS ENTERPRISE THREE-YEAR GOAL FOR FEDERAL FISCAL YEARS 2025 THROUGH 2027
Background:
Pursuant to Federal Regulation 49 CFR Part 26 - Disadvantaged Business Enterprise (DBE); all public agencies receiving U.S. Department of Transportation (USDOT) funds, that anticipate awarding $250,000 or more in USDOT-assisted contracts, must establish a three-year overall DBE goal for potential contracting opportunities for certified Suppliers.
The purpose of the Triennial DBE Goal is to level the playing field for DBEs to compete in obtaining USDOT assisted contracts. Therefore, Norwalk Transit System (NTS), as a Federal Transit Administration (FTA) recipient has established a three percent (3%) Triennial DBE goal using race neutral (0.91%) and race conscious (2.09%) measures, specifically using DBE contract goals in awarding various FTA funded contracts and must meet the maximum feasible portion of this goal.
A three percent (3%) base figure was calculated based on an analysis of DBE availability (See Attachment A).
Race-neutral solicitation includes but is not limited to: (1) arranging contracts in ways to facilitate small business participation such as unbundling large contracts or requiring prime contractors to subcontract portions of the work; (2) providing bonding, financing, and technical assistance; (3) communicating contract opportunities to the small business community; or (4) providing business support and development services.
City Council July 16, 2024
Resolution No. 24-38 DBE Triennial Goal Page No. 2
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5 Race-conscious solicitation includes establishing a contract goal that focuses specifically on utilizing DBEs, including minority and women owned DBEs. As such, the prime contractor must affirm that they will meet the DBE goal set in their contract. If they fail to meet their goal, then they must prove that they conducted good faith efforts to utilize DBEs.
The overall goal must reflect the level of DBE participation absent the effects of discrimination. The overall goal is determined from an examination of DBE baseline availability in the recipient’s region and local market, using DBE directory information, census data, bidders’ lists, disparity or similar studies, historical information, and data on local market conditions.
Fiscal Impact:
There is no material budget impact in the administration and implementation of this federally mandated DBE program. However, for the three-year period of Fiscal Year (FY) 2025-2027, NTS anticipates awarding $7,520,091 in contracting opportunities assisted in whole or in part with FTA capital funds.
Citizens Advised:
On June 7, 2024, a public notice inviting comment on the recommended DBE goal for FY 2025- 2027 was published in The Norwalk Patriot, posted on the Transportation page of the City’s website as well as each of the City’s designated posting locations. There have been no comments received to date.
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt Resolution No. 24-39, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK ESTABLISHING AN OVERALL DISADVANTAGED
BUSINESS ENTERPRISE THREE-YEAR GOAL FOR ALL FEDERAL TRANSIT ADMINISTRATION FUNDED PROJECTS FOR FISCAL YEARS 2025 THROUGH 2027.
Attachments:
1. Resolution No. 24-39
2. Attachment A – DBE Overall DBE Goal and Methodology