CC Resolution No. 06-094
RESOLUTION NO. 06-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE A DISADV ANT AGED
BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT
WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
WHEREAS, the California Department of Transportation (Caltrans) determined
that its Disadvantaged Business Enterprise (DBE) Program, established pursuant to the
requirements of Title 49, Parts 23 and 26, of the Code of Federal Regulations, as that
Program was constituted prior to May 1,2006, was not likely to meet the evidentiary
standard recently established by United States Court of Appeals for the Ninth Circuit as
necessary for the use of race-conscious measures for the award of federal-aid contracts;
and
WHEREAS, as a result, on May 1, 2006, Caltrans implemented a race-neutral
DBE program; and
WHEREAS, all Federal-aid recipients are required to re-evaluate their DBE
program participation goals annually and recalculate those goals for federal fiscal years in
which they have Federal-aid projects authorized; and
WHEREAS, the City of Cupertino must execute the attached Disadvantaged
Business Enterprises Race-Neutral Implementation Agreement in order to continue to be
a recipient of federal transportation fund,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that the City Manager is hereby authorized to execute the Disadvantaged
Business Enterprises Race-Neutral Implementation Agreement with the California
Department of Transportation .
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of May 2006 by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Wang, Kwok, Sandoval
None
Mahoney
None
ATTEST:
APPROVED:
f;;?7Vkdlcfm.~
City Clerk
~q
Mayor, City of Cupertino