June 12, 2009

REPORT OF THE RULES, POLICY AND
INDUSTRIAL RELATIONS COMMITTEE

Honorable Board of Directors
Golden Gate Bridge, Highway
  and Transportation District

Honorable Members:

A meeting of the Rules, Policy and Industrial Relations Committee was held in the Board Room, Administration Building, Toll Plaza, San Francisco, California, on Thursday, June 12, 2009, at 9:45 a.m., Chair Pahre presiding.

Committee Members Present (6): Chair Pahre; Vice Chair McGlashan; Directors Elsbernd, Newhouse Segal, Sanders and Snyder

Committee Members Absent (1): President Boro (Ex Officio)

Other Directors Present (3): Directors Eddie, Kerns and Stroeh

Staff Present: General Manager Celia G. Kupersmith; District Engineer Denis J. Mulligan; Auditor-Controller Joseph M. Wire; Secretary of the District Janet S. Tarantino; Attorney David J. Miller; Deputy General Manager/Bridge Division Kary H. Witt; Deputy General Manager/Bus Division Teri W. Mantony; DBE Programs Administrator Gail Jackson; Executive Assistant to the General Manager Amorette Ko; Assistant Clerk of the Board Patsy Whala

Visitors Present: None

 

     
1.

Approve the FY 09/10 Annual Overall Disadvantaged Business Enterprise Goal for Federal Transit Administration Assisted Contracts

In a memorandum to the Committee, DBE Program Administrator Gail Jackson, Deputy General Manager/Administration and Development Z. Wayne Johnson and General Manager Celia Kupersmith reported on staff’s recommendation to establish a 3.4 percent proposed FY 09/10 annual overall Disadvantaged Business Enterprise (DBE) goal applicable to $14,237,098 in contracts assisted by the Federal Transit Administration (FTA); and, approve related actions.

The report stated that the FTA’s regulations require the District to have a DBE program for FTA-assisted projects. The District analyzes anticipated projects for potential DBE participation. Prime and subcontracting opportunities are identified in the anticipated contracts and matched to the North American Industry Classification System (NAICS) codes. Staff develops an annual overall DBE goal, publishes the goal to solicit input from the general public, and submits its final DBE Goal Analysis Report to the FTA.

The report detailed the steps taken in the development of the annual overall DBE goal. It stated that the DBE goal will be based on the anticipated eleven FTA-assisted contracts to be awarded in FY 09/10, of which eight are with the District and three are with Marin Transit. The report stated that since Marin Transit does not have its own approved DBE Program, the District will be passing through FTA funding to Marin Transit for its three projects.

The report provided the factors that affect the District’s overall DBE goal. It also stated that Federal regulations require that the maximum feasible portion of the annual overall DBE goal be met by using race/gender-neutral methods. District staff has greatly expanded its efforts to introduce small businesses to District contracting and procurement opportunities. A Guide for Small Businesses Interested in Doing Business with the Golden Gate Bridge, Highway and Transportation District has been published on the District’s website. The report further stated that, as part of a Business Outreach Committee comprised of 13 Bay Area transportation agencies, the District has developed an annual calendar of outreach events in order to encourage more firms to become DBE certified.

The report stated that, to date, the District has met or exceeded its annual DBE goals using race/gender-neutral methods with the exception of FY 07/08, in which only one of the anticipated FTA-assisted contracts was awarded during the fiscal year. The report noted that the remaining contracts were postponed until the following fiscal year or later.

The report further stated that the proposed 3.4 percent annual overall goal for FTA-assisted contracts reflects staff’s determination of the level of DBEs ready, willing and able to participate in the District’s U.S. DOT-assisted contracting activity for FY 09/10. The regulations require the proposed goal be published to receive public comment, to ensure public participation, as well as be submitted to FTA by August 1, 2009 to qualify for continued Federal funding. A copy of the staff report, including attachments is available in the Office of the District Secretary and on the District’s web site.

At the meeting Ms. Jackson summarized the staff report, stating that the annual overall DBE goal applies only to FTA-assisted contracts, and does not apply to Federal Highway Administration-assisted contracts or District-funded contracts.

Discussion ensued, including the following comments and inquiries:

  • In response to an inquiry from Director Elsbernd, Mr. Miller stated that there is no cause for concern about the recent challenge to Caltrans regarding DBE selection criteria because the District’s goal only pertains to FTA-assisted contracts. Mr. Miller stated that the matter has to do with FHWA-assisted contracts, whose regulations mandate a goal set on race-conscious means.

Staff recommended, and the Committee concurred by motion made and seconded by Directors MCGLASHAN/ELSBERND to forward the following recommendation to the Board of Directors for its consideration:

RECOMMENDATION

The Rules, Policy and Industrial Relations Committee recommends that the Board of Directors approve actions relative to the FY 09/10 Annual Overall Disadvantaged Business Enterprise (DBE) goal, as follows:

  a.

Establish a 3.4 percent proposed goal applicable to $14,237,098.00 in contracts assisted by the Federal Transit Administration (FTA), in accordance with federal regulations governing the establishment of DBE goals, and authorize the General Manager to publish notice of the proposed goal in accordance with federal regulations;

  b.
Authorize the General Manager to formally adopt the FTA goal if no public comments are received that require further consideration or modifications of the proposed goal by the Board of Directors; and,
 

c.

Authorize staff to submit the Annual Overall DBE goal for FTA-assisted contracting opportunities to the FTA by August 1, 2009.

Action by the Board at its meeting of June 12, 2009 – Resolution
NON-CONSENT CALENDAR

     
  AYES (6): Chair Pahre; Vice Chair McGlashan; Directors Elsbernd, Newhouse Segal, Sanders and Snyder
NOES (0): None
ABSENT (1): President Boro (Ex Officio)
     
2.

Public Comment

There was no public comment.

     

3.

Adjournment

All business having been concluded, the meeting was declared adjourned at 9:55 a.m.

     
     
     

Respectfully submitted,
/s/ Barbara L. Pahre, Chair
Rules, Policy and Industrial Relations Committee