The URL can be used to link to this page

Home My WebLink About02/15/2022 06.E. Resolution setting Yakima Transit's Disadvantaged Business Enterprise program goals 1 /-444 ,1\ i rr 11 i \�i�O enc unTry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.E. For Meeting of: February 15, 2022 ITEM TITLE: Resolution setting Yakima Transit's Disadvantaged Business Enterprise program goals SUBMITTED BY: Scott Schafer, Public Works Director Alvie Maxey, Transit Manager- 576-6415 Gregory Story, Transit Assistant Manager- 576-6422 SUMMARY EXPLANATION: The United States Department of Transportation's (DOT) objectives for the Disadvantaged Business Enterprise (DBE) Program (49 CFR Part 26) is to ensure there is no discrimination in the award and administration of DOT-assisted contracts, create a level playing field, remove barriers to participation in DOT contracts, and promote the use of DBEs in federally-assisted contracts & procurement activities. The Federal Transit Administration (FTA) requires Yakima Transit to have a DBE program because Yakima Transit spends more than $250,000 on planning, capital, or operating activities. Because Yakima Transit crosses the federal spending threshold, Yakima Transit is required to set a DBE goal every three years and provide outreach to women and minority owned businesses meeting the minimum qualifications (must be a small business owned by a woman or minority, owner must have a personal net worth of less than $1.32M). The program requires an in depth accounting of the individual's assets and income, to ensure that the individual is in fact economically disadvantaged. The DBE goal is based on Yakima Transit's anticipated federal contracting opportunities with available DBEs. Following public outreach efforts, Yakima Transit still does not have any anticipated contracting opportunities during the three-year period with registered DBEs; as a result, Yakima Transit's DBE goal remains at zero. Furthermore, Yakima Transit cannot contract with DBE contractors, unless they are the most qualified bidder. Enclosed is a City memo from the City Purchasing Manager to the FTA Regional Civil Rights Officer for Region 10 outlining Yakima Transit's DBE Program Outreach and Goal Setting. There are six registered disadvantaged business enterprise (DBE)organizations in the Yakima Region. Yakima Transit's planning projects will not be able to utilize any of the DBEs over the next three years because we do not have any projects specific to the services they offer.As a result, Yakima 2 Transit's DBE goal remains at zero. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D Resolution Transit DBE Program 1/2812022 Resolution D DBE Program Goal Setting and Outreach 12/29/2021 Backup Material 3 RESOLUTION NO. R-2022- A RESOLUTION setting Yakima Transit's Disadvantaged Business Enterprise Program goals. WHEREAS, in 1983, Congress enacted the Department of Transportation's (DOT) requirement for a Disadvantaged Business Enterprise (DBE) Program; and WHEREAS, the objectives of the program are to ensure nondiscrimination in the award and the administration of DOT-assisted contracts in the Department's financial assistance programs; and WHEREAS, the DBE program is to create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; ensuring that the Department's DBE program is narrowly tailored in accordance with applicable law; and WHEREAS, the DBE program ensures that only firms that fully meet this eligibility standards are permitted to participate as DBEs; helping to remove barriers to the participation of DBEs in DOT-assisted contracts and to assist the development of firms that can compete successfully in the marketplace outside the DBE program; and, WHEREAS, providing appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs; and, WHEREAS, the City of Yakima (City) operates a public transit system for use by the general public regulated by the Federal Transit Administration (FTA), an agency of the DOT, and is subject to FTA requirements including requirements to maintain an up-to-date DBE Program with goals that are adjusted every three years; and, WHEREAS, Yakima Transit has reviewed available DBE vendors and has updated their goals as required under 49 CFR Part 26. Following a public notice, Yakima Transit's DBE goal remains at zero since Yakima Transit projects or services that would be funded with FTA funds, have no registered DBE's in the Office of Minority &Women's Business Enterprises state directory for those classifications, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima DBE Program Goals for Yakima Transit, attached and incorporated hereto, is hereby approved and adopted for implementation by the City of Yakima Transit Division, as of the date of this resolution's enactment by the City of Yakima City Council. ADOPTED BY THE CITY COUNCIL this 15th day of February, 2022. Janice Deccio, Mayor ATTEST: Sonya Clear Tee, City Clerk 4 December 28, 2021 Federal Fiscal Years 2022-2024 Disadvantaged Business Enterprise ( DBE) Goal - SettingReport Points of Contact: Maria Mayhue Disadvantaged Business Enterprise Liaison Officer (509) 575-6094 Maria.Mayhue@yakimawa.gov Greg Story Assistant Transit Manager (509) 576-6422 G regorv.StorvPva kimawa.gov 5 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Contents Introduction 1 Proposed Overall Goal 1 Overall Goal-Setting Methodology 1 Step One Base Figure Calculation 2 Step Two Base Figure Adjustment 5 Public Comment and Notice of Proposed Goals 6 Proof of Advertisement: Spanish 7 Proof of Advertisement: English 8 List of Tablet Table 9: Methods to Determine Base Figure 2 Table 2:Applicable NAICS Title and Industry 3 Table 3: Project Cost Allocation 4 Table 4: Identification of Market Area 4 Table 5: Design & Project Development Relative Availability Base Figure 5 6 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Introduction City of Yakima, doing business as Yakima Transit, submits its Disadvantaged Business Enterprise (DBE) Triennial Goal-Setting Methodology Report for the period of federal fiscal years 2019, 2020, and 2021 to the United States Department of Transportation Federal Transit Administration's (FTA) Region 10 for review and concurrence. The report has been prepared in compliance with DBE regulations, 49 CFR Part 26.45 —"How do recipients set overall goals?" as amended, and the General Counsel of the United States Department of Transportation's "Tips for Goal-Setting" (USDOT Tips). The two steps for the setting of overall goal are: • Step One - Establishing a base figure for the relative availability of DBEs and weighting it with federal funding allocation; and • Step Two - Adjustment of the base figure based on types of evidence listed under §26.45 (d). Once the adjusted overall goal is determined, the process requires establishment of the portion of the goal to be met by race and gender-neutral measures. If a recipient purports it can meet its overall goal with race and gender-neutral measures, those measures must be utilized. In contrast, if the recipient determines it cannot achieve the entire overall goal using only race and gender-neutral measures, it must establish a race and gender-conscious portion of the overall goal. Proposed Overall Goal Based upon the requirement set forth in 49 CFR Part 26, and the USDOT Tips, Yakima Transit has determined a zero (-0-) percent DBE goal for Federal Fiscal years 2019-21 which it shall meet through race and gender-neutral measures. All goals will be submitted by August 1st of the applicable year. Overall Goal-Setting Methodology As previously established, the regulations require that the overall goal be prepared using a two-step process. According to the USDOT Tips, the recipient must first determine a base figure for the relative availability of DBEs in the relevant market area. This data is further weighted with fund allocation for each NAICS code applicable to the anticipated work. Next, the recipient must examine all relevant evidence to determine what adjustment to the base figure, if any, is needed in order to arrive at an overall goal. The final adjusted figure is the recipient's overall goal, and represents the proportion of federal transportation funding the recipient is expected to allocate to DBEs during the period. The base figure is intended to be a measurement of the current ready, willing, and able DBEs as a percentage of all businesses available to perform the recipient's anticipated work. The regulations present five options for establishing a base figure for relative availability of DBEs. The five options as set forth in the regulations are shown in Table 1. Page 1 of 8 7 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Table 1: Methods to Determine Base Figure BASELINE FIGURE METHODS 1. Bidders List 2. DBE Directories and Census Data 3. Other Recipient's Base Figure 4. Disparity Study 5. Alternative Method 1) Bidders List Method This method for calculating a base figure requires Yakima Transit to have a comprehensive bidders list which includes potential prime contractors and subcontractors classified by industry, ethnicity, and gender. The regulations require the Bidder List to be in existence for three years. 2) DBE Directories and Census Data Method Washington State's agency for Unified Certification Program for DBEs is The Office of Minority, Women and Disadvantaged Business Enterprises (OMWBE). Yakima Transit has established a partnership with OMWBE to obtain data regarding Small and Disadvantaged Business Enterprises. This is a standard practice in the State of Washington. Yakima Transits report is based on this method of determination of base figure. 3) Other Recipients'Base Figure Methods This method uses the goal of another USDOT recipient as the base figure. Yakima Transit can only use another recipient's goal if the goal-setting is done in accordance with the DBE regulation and Yakima Transit has performed similar contracting in similar market area. This method presumes that there is another USDOT recipient that does the same or similar type of contracting in the same geographic market area. 4) Disparity Study Methodology The disparity study is the most comprehensive method for calculating the base figure. A disparity study identifies the businesses that have bid or could bid as either a prime or subcontractor, and enumerates DBEs and non-DBEs that are willing and able to work on Yakima Transit contracts. A disparity study has not been conducted by Yakima Transit, and therefore cannot be considered. 5) Alternative Method Alternative methods may be used to determine a base figure for the overall goal. Any methodology used to determine a base figure must be based on demonstrable evidence of the local market conditions, and be designated to ultimately attain a goal that is related to the relative availability of DBEs and potential DBEs in the recipient's market area. The alternative method provides the most flexibility, but it is also subject to a higher level of scrutiny. Step One Base Figure Calculation The initial phase of the Step One analysis requires the compilation of data regarding projects anticipated to be funded with USDOT grants. The areas considered for the Step One analysis include the following: • Identifying federal funding and its application • Identifying appropriate NAICS codes for the Project Page 2 of 8 8 City of Yakima Disadvantaged Business Enterprise Goal Setting Report • Defining the market area for the Project • Developing the base figure of DBE participation 1) Identify federal funding and its application. Yakima Transit establishes DBE goals for USDOTIFTA funded contracts only. Washington State's Initiative 200 prohibits the use of race and gender based preferences in public contracting unless required for federally-funded contracts. a) Sources of federal funding during the period FFY 2019-21: i) Formula Funds: Yakima Transit is the direct recipient of FTA's Section 5307 annual apportionments for the Yakima Urbanized Area. This apportionment is used to support operational costs, including employee wages and benefits, transit vehicle maintenance, and capitalized preventative maintenance. FTA formula funding is administered by the Yakima Valley Conference of Governments (YVCOG). Yakima Transit receives an earned share of the annual apportionment, based on performance data submitted to the National Transit Database in an annual report. ii) Discretionary Funds: Additional funds are available through discretionary 5311 and competitive federal grant programs. Currently, Yakima Transit has executed a Consolidated Grant Agreement with WSDOT for the preservation of the Yakima- Ellensburg Commuter bus service. b) Application of federal funding during the period FFY 2019-2021: Formula Funds: This triennial DBE goal period is within Yakima Transit's current 2018- 2023 Transit Development Plan. The Plan includes a 6 percent increase in fixed-route transit services forecast by 2020. Overall, Yakima Transit estimates to receive approximately $2,400,000 per year in formula funds during federal fiscal years 2018-20. In accordance with its Transit Development plan, Yakima Transit intends to apply these funds towards employee wages and benefits, Transit operations, and Transit vehicle and preventative maintenance. i) Discretionary Funds: Yakima Transit has executed a Consolidated Grant Agreement for $435,811 (FTA 5311 funds) for FFY 2017-2019 for the Yakima-Ellensburg Commuter. The Contract for this project is expected to remain the same throughout the 2017-2019 biennium, but will be re-evaluated for the 2019-2021 biennium. Federal Grant Discretionary Funding available for contracting in FFY 2017-19: $435,811 2) Identify appropriate NAICS Codes and Project Cost Allocation Table 2.Applicable NAICS Title and Industry NAICS Code Industry Description 485113 Bus and Other Yakima Transit Operations Assistance Motor Vehicle 485113 Transit Systems Yakima-Ellensburg Commuter Preservation Page 3 of 8 9 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Based on our experience with 5339 and 5311 funding sources, we have allocated the anticipated Federal Funding as shown in Table 3 below. Table 3:Project Cost Allocation Description Amount of FTA- Percentage of total Assisted Funds for FTA-Assisted funds Project element: towards project Yakima Transit Operations Assistance $2,400,000 30.0% Yakima-Ellensburg Commuter Operations $435,811 41.9% 3) Determine Appropriate Market Area For the projects planned to be covered with federal grants during FFY 2019-21, Yakima Transit will be supporting the City of Yakima limits, as well as Yakima County/Kittitas County limits for the Yakima-Ellensburg. The counties are identified in Table 4: Table 4:Identification of Market Area Ktta - / 'San J�{n s1 n � •• �•+�. EsQS •ry{yt1 d - O Fairy Oninesani Son. Ft f Nthrsonv,46` QOLp11{ Gay Hama/ -'rra 1(y D Nw•K•••• I.ncoIn SpokanektabOil 7� EMS• J.aY.. • • —_- Knatas Gnat asc.... VN+nman .v..r...t •.Ir^�• RI•/c• E=•••[•//• Adam{ T►iostaet -- Pacific Limit Franklin , GaMead �.r,, Yakima • Ca+srti v SMaman,a o••• . versa Atom Asobn Kick.tal Clark _. . ... iv.. Ynrwnrl.. We have considered the following items to define our market area for collection of DBE data. • Past and current procurements • Utilization of local market • Availability of product, and services for immediate needs • Impact of small business outreach 4) Base Figure Determination The base figure is intended to be a measurement of the relative percentage of ready, willing, and able businesses that are DBEs. The recipient is required to measure willing and able businesses in its marketplace, using the best available evidence, to derive a fair and accurate base figure that represents the percentage of available DBEs. According to Section 26.45(c) and USDOT Page 4 of 8 10 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Tips, the overall goal must be based on demonstrable evidence of available ready, willing, and able DBEs relative to all ready, willing, and able non DBEs to participate on the Project. a) Relative Base Figure USDOT Tips requires the calculation of the relative base figure by dividing the number of market area DBEs by all market area businesses (DBEs and non-DBEs), which produces a relative base figure of 0 percent for design. Table 5.Design &Project Development Relative Availability Base Figure Description All Firms in DBE's Market Area Available in Relative (Including Market Availability DBEs) Area Transportation 3 0 0.0❑/0 Total: 3 0 0.0% Step Two Base Figure Adjustment The Step Two base figure adjustment, as recommended in USDOT Tips, requires examining relevant and reliable data in the recipient's market area to determine if an adjustment to the base figure is warranted. The consideration of an adjustment is intended to account for any impact the relevant factors may have on DBEs seeking contracting opportunities with Yakima Transit. Since Yakima Transit's goal is zero (-0-), Step Two was not completed. Yakima Transit has never been found to have discriminated against a protected class in the past, as a result, quotas have not been set to address instances of discrimination. Yakima Transit's DBE goal is race neutral. Without DBE-certified contractors, there isn't a way for Yakima Transit to meet a goal above zero. Outreach Efforts • Every bid advertised for Transit contains the following language: "The City of Yakima has established a Disadvantaged Business Enterprise(DBE) program in accordance with regulations of the Department of Transportation(DOT) 49 CFR Part 26. It is the policy of the City to ensure that DBE's, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. The City's current goal proposes that 0% of all DOT funds expended in DOT-assisted contracts will be let to certified DBE firms that are available, willing, and able. The City of Yakima hereby notifies all proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, sexual orientation, or national origin in consideration for an award." • Yakima Transit advertised their DBE goals in El Sol, as well as the local Yakima Herald Republic newspaper (Legal Ads ATTACHED). At the same time, the notice was published on our web page. No comments were received and no changes were made to the goal as calculated. Page 5 of 8 11 City of Yakima Disadvantaged Business Enterprise Goal Setting Report • "Notice to Bidders" advertisements are routinely sent to the Yakima Hispanic Chamber of Commerce at the same time they are sent to the Yakima Herald Republic. • Procurement Manager and Senior Buyer have made presentations and sat on panels hosted by Washington PTAC at Yakima and Kennewick, WA over multiple years. • Senior Buyer attended class "Linking Together: Diversity, Equity, and Inclusion" in Seattle on 8/20/19. • Senior Buyer attended the 2019 WSTA trade show and participated in vendor outreach efforts. • Purchasing has OMWBE literature available for vendors to pick up. This includes information on how to register to become a DBE/WMBE. • We direct anyone who inquires to www.omwbe.wa.gov to get certified. • The Purchasing website has a page dedicated to our DBE program. The link to OMWBE is provided. • We had our "Selling to the City of Yakima" pamphlet translated into Spanish. An English and Spanish version are posted on the Purchasing website. The pamphlet mentions our WMBE/DBE Goals. • The City of Yakima has provided outreach to minority and women owned businesses and will continue to do so. Following those outreach efforts there has been little to no interest in vendors registering as a DBE. Some of the concerns that we believe vendors face is the federal net worth threshold and that the federal government will be asking for financial documentation to prove that they are under the threshold. Race and Gender-Neutral Goal Yakima Transit projects it shall meet its FFY 2022-24 DBE goals through race and gender-neutral measures, as the goal is zero (-0-). Public Comment and Notice of Proposed Goals In accordance with 49 CFR 26.45(g) and as mentioned in Outreach Efforts above, Yakima Transit advertised their DBE goals in El Sol (in Spanish), as well as the local Yakima Herald Republic newspaper (Legal Ads ATTACHED). At the same time, the notice and the draft Goal-Setting Report were published and available on the City's web page at www.yakimawa.gov/services/purchasing. No comments were received and no changes were made to the goal as calculated. Page 6 of 8 12 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Proof of Advertisement: Spanish • Ad Proof HERALD-REPUBLIC r'ak.rnaTlansttestaodrgadd a emitter Cade tres Bros a Federal Transit Adrninistra- WE TELL YOUR STORIES YAKIMAHERALD.COM lion sus metasdePr ctos de OblIgaclanes parelos El Sol de y akima aesposelaos(Disadvantaged Business Ealetprise).La meta pare el perfala 2022- -A1l 1 P o t- peG6n DBE(sighs en ing es). La htannaclM usade para establecer ests mela esta dis- porible pare revlsiln pilbica en la Cludad de Yakima, This is the proof of your ad scheduled to run on the DepanamentodeCampres, 129 N.2 id St.,Yakima. WA,y alguna Intorrneddn dates indicated below. restnngdaestadisponibieen el altlo web de la Ciudad en nttp•dviww yaklmewa.govl Please confirm placement prior to deadline, s+xv.aarpucnegrny haste el 25de rW embre,2021.Sus ocmentands saran dement- by contacting your dos sabre IG propuesio en las metal DBE(aiglas en Ingest. account rep at (509) 577-7740. Los comentarlosdebenser redbidos antes del 25 de novlernbre,2021_ Date: 10.22)21 Run Dates: Las pregrrnas o carnentautos El Sol de Yekime10.29:21 debar ser erelados a City at Yakima,Purcnasrrg Dept., Account r: 110352 Marla Malynue,DBELO,12n Company Name: CITY OF YAKIh+MA TRANSIT N.2nd St.,Yakima,WA 98901 DIVISION o RN-small arnen tie a.maynr4 yaklmawa.t w. Contact: Greg Story 909445)October 29,2021 Address: 2301 FRU-IT4ALE BLVD YAKIMA,WA 98902 Telephone: (509)576-6422 Fax: (509)576-6414 Ad ID: 981445 Start: 10/29i21 Stop: 10129)21 Total Cost: $43.50 =of Inserts: 1 Lines: 38.0 Ad Class: 7202 Ad Class Name: Noticias Legates Account Rep: Simon Sizer Phone# (509)577-7740 Email: ssizet[dyekimaheraldcom Page 7 of 8 13 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Proof of Advertisement: English -----�_ Proof AdYAKI MA � HERALD.,REPUBLIC 'aKnaTra,atIsrequiredt0 sLrntt to the Federal Transit Administration their Dlsad- WE TELL YOUR STORIES YAKIMAHERALD,GOM yards ged Business Errerpnse e years. ElSolde llakima goal every 024is0 goal For 2022-2024Is 0%DBE pare cipallon.Information used to establish this goal Is avalable tar pubic review at _A Proof- 1_ ingDepotment 123N.2nd li P 1 Ing Department, N.2nd St-,Yakima.WA,and same limited InForrnaticn is available on the City's website at hitp:it This is the proof of your ad scheduled to run on the wv✓wyaklmawaponservIcest piirc np untiltlovemter 25,2921.You are welcome dates indicated below. to commenton the proposed DBE goal.Comments must be received by November 25. Please confirm placement prior to deadline, 2421. Questions or comments can by contacting your be sent to City ofYeldma, nine,6a_Deptta'w aid sat account rep at (509) 577-7740. Yakima,WA 98901 oremaaed tb Date: 10''22121 Rut Dates: Yakima Herald-Republic 10/25^1 F988440)October 25,2021 Account#: 110352 YakimaHerald.com 10125r21 Company'Name: CITY OF YAKIMA TRANSIT DIVISION Contact. Greg Stole Address: 2301 FRUTTGALE BLVD YAXLMA,WA 98902 Telephone: (509)576-6422 Fax: (509)576-6414 Ad ID: 988440 Start: 10a5121 Stop: 10/25/21 Total Cost 358.40 of Inserts: 2 Lines: 31.0 Ad Class: 6021 Ad Class Name: Public Legal Notices Account Rep: Simon Sizer Phone# (509)577-7740 Email: ssizerayakimaherald.com Page 8 of 8 Distributed at the Meeting -- E December 28, 2021 Federal Fiscal Years 2022-2024 Disadvantaged Business Enterprise ( DBE ) Goal- SettingReport Points of Contact: Maria Mayhue Disadvantaged Business Enterprise Liaison Officer (509) 575-6094 Maria.Mayhue@yakimawa.gov Greg Story Assistant Transit Manager (509) 576-6422 Gregory.Story@yakimawa.gov City of Yakima Disadvantaged Business Enterprise Goal Setting Report Contents Introduction 1 Proposed Overall Goal 1 Overall Goal-Setting Methodology 1 Step One Base Figure Calculation 2 Step Two Base Figure Adjustment 5 Public Comment and Notice of Proposed Goals 6 Proof of Advertisement: Spanish 7 Proof of Advertisement: English 8 List of Tables Table 1: Methods to Determine Base Figure 2 Table 2: Applicable NAICS Title and Industry 3 Table 3: Project Cost Allocation 4 Table 4: Identification of Market Area 4 Table 5: Design & Project Development Relative Availability Base Figure 5 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Introduction City of Yakima, doing business as Yakima Transit, submits its Disadvantaged Business Enterprise (DBE) Triennial Goal-Setting Methodology Report for the period of federal fiscal years 2019, 2020, and 2021 to the United States Department of Transportation Federal Transit Administration's (FTA) Region 10 for review and concurrence. The report has been prepared in compliance with DBE regulations, 49 CFR Part 26.45—"How do recipients set overall goals?" as amended, and the General Counsel of the United States Department of Transportation's "Tips for Goal-Setting" (USDOT Tips). The two steps for the setting of overall goal are: • Step One - Establishing a base figure for the relative availability of DBEs and weighting it with federal funding allocation; and • Step Two - Adjustment of the base figure based on types of evidence listed under§26.45 (d). Once the adjusted overall goal is determined, the process requires establishment of the portion of the goal to be met by race and gender-neutral measures. If a recipient purports it can meet its overall goal with race and gender-neutral measures, those measures must be utilized. In contrast, if the recipient determines it cannot achieve the entire overall goal using only race and gender-neutral measures, it must establish a race and gender-conscious portion of the overall goal. Proposed Overall Goal Based upon the requirement set forth in 49 CFR Part 26, and the USDOT Tips, Yakima Transit has determined a zero (-0-) percent DBE goal for Federal Fiscal years 2022-24 which it shall meet through race and gender-neutral measures. All goals will be submitted by August 1st of the applicable year. Overall Goal-Setting Methodology As previously established, the regulations require that the overall goal be prepared using a two-step process. According to the USDOT Tips, the recipient must first determine a base figure for the relative availability of DBEs in the relevant market area. This data is further weighted with fund allocation for each NAICS code applicable to the anticipated work. Next, the recipient must examine all relevant evidence to determine what adjustment to the base figure, if any, is needed in order to arrive at an overall goal. The final adjusted figure is the recipient's overall goal, and represents the proportion of federal transportation funding the recipient is expected to allocate to DBEs during the period. The base figure is intended to be a measurement of the current ready, willing, and able DBEs as a percentage of all businesses available to perform the recipient's anticipated work. The regulations present five options for establishing a base figure for relative availability of DBEs. The five options as set forth in the regulations are shown in Table 1. Page 1 of 8 City of Yakima Disadvantaged Business Enterprise Goal Setting Report methods to Dr ter,,. ~e Bose Fig„ BASELINE FIGURE METHODS 1. Bidders List 2. DBE Directories and Census Data 3. Other Recipient's Base Figure 4. Disparity Study 5. Alternative Method 1) Bidders List Method This method for calculating a base figure requires Yakima Transit to have a comprehensive bidders list which includes potential prime contractors and subcontractors classified by industry, ethnicity, and gender. The regulations require the Bidder List to be in existence for three years. 2) DBE Directories and Census Data Method Washington State's agency for Unified Certification Program for DBEs is The Office of Minority, Women and Disadvantaged Business Enterprises (OMWBE). Yakima Transit has established a partnership with OMWBE to obtain data regarding Small and Disadvantaged Business Enterprises. This is a standard practice in the State of Washington. Yakima Transit's report is based on this method of determination of base figure. 3) Other Recipients'Base Figure Methods This method uses the goal of another USDOT recipient as the base figure. Yakima Transit can only use another recipient's goal if the goal-setting is done in accordance with the DBE regulation and Yakima Transit has performed similar contracting in similar market area. This method presumes that there is another USDOT recipient that does the same or similar type of contracting in the same geographic market area. 4) Disparity Study Methodology The disparity study is the most comprehensive method for calculating the base figure. A disparity study identifies the businesses that have bid or could bid as either a prime or subcontractor, and enumerates DBEs and non-DBEs that are willing and able to work on Yakima Transit contracts. A disparity study has not been conducted by Yakima Transit, and therefore cannot be considered. 5) Alternative Method Alternative methods may be used to determine a base figure for the overall goal. Any methodology used to determine a base figure must be based on demonstrable evidence of the local market conditions, and be designated to ultimately attain a goal that is related to the relative availability of DBEs and potential DBEs in the recipient's market area. The alternative method provides the most flexibility, but it is also subject to a higher level of scrutiny. Step One Base Figure Calculation The initial phase of the Step One analysis requires the compilation of data regarding projects anticipated to be funded with USDOT grants. The areas considered for the Step One analysis include the following: • Identifying federal funding and its application • Identifying appropriate NAICS codes for the Project Page 2 of 8 City of Yakima Disadvantaged Business Enterprise Goal Setting Report • Defining the market area for the Project • Developing the base figure of DBE participation 1) Identify federal funding and its application. Yakima Transit establishes DBE goals for USDOT/FTA funded contracts only. Washington State's Initiative 200 prohibits the use of race and gender based preferences in public contracting unless required for federally-funded contracts. a) Sources of federal funding during the period FFY 2022-24: i) Formula Funds: Yakima Transit is the direct recipient of FTA's Section 5307 annual apportionments for the Yakima Urbanized Area. This apportionment is used to support operational costs, including employee wages and benefits, transit vehicle maintenance, and capitalized preventative maintenance. FTA formula funding is administered by the Yakima Valley Conference of Governments (YVCOG). Yakima Transit receives an earned share of the annual apportionment, based on performance data submitted to the National Transit Database in an annual report. ii) Discretionary Funds: Additional funds are available through discretionary 5311 and competitive federal grant programs. Currently, Yakima Transit has executed a Consolidated Grant Agreement with WSDOT for the preservation of the Yakima- Ellensburg Commuter bus service. b) Application of federal funding during the period FFY 2022-2024: Formula Funds: This triennial DBE goal period is within Yakima Transit's current 2019- 2023 Transit Development Plan. The Plan includes a 6 percent increase in fixed-route transit services forecast by 2024. Overall, Yakima Transit estimates to receive approximately $2,400,000 per year in formula funds during federal fiscal years 2022-24. In accordance with its Transit Development plan, Yakima Transit intends to apply these funds towards employee wages and benefits, Transit operations, and Transit vehicle and preventative maintenance. i) Discretionary Funds: Yakima Transit has executed a Consolidated Grant Agreement for$496,660 (FTA 5311 funds) for FFY 2021-2023 for the Yakima-Ellensburg Commuter. The Contract for this project is expected to remain the same throughout the 2021-2023 biennium, but will be re-evaluated for the 2023-2025 biennium. Federal Grant Discretionary Funding available for contracting in FFY 2021-23: $496,660 2) Identify appropriate NAICS Codes and Project Cost Allocation Table 2:Applicable NAICS Title and Industry NAICS Code Industry Description 485113 Bus and Other Yakima Transit Operations Assistance Motor Vehicle 485113 Transit Systems Yakima-Ellensburg Commuter Preservation Page 3 of 8 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Based on our experience with 5339 and 5311 funding sources, we have allocated the anticipated Federal Funding as shown in Table 3 below. Table 3:Project Cost Allocation Description Amount of FTA- Percentage of total Assisted Funds for FTA-Assisted funds Project element: towards project Yakima Transit Operations Assistance $2,400,000 30.0% Yakima-Ellensburg Commuter Operations $435,811 41.9% 3) Determine Appropriate Market Area For the projects planned to be covered with federal grants during FFY 2022-24, Yakima Transit will be supporting the City of Yakima limits, as well as Yakima County/Kittitas County limits for the Yakima-Ellensburg. The counties are identified in Table 4: Table 4:Identification of Market Area Whatcr ni �. 9164194 OMancvan Ferry t...r• t' 4 Yos44ir 4t^J' r Iblxrt-] Car` e24. .. .. Snohomish ClaUam Cheiah Jafforson C+3ugtaa f • �4r2t urav • Yr►r ! a • a.r,o Km') sm w�w• Lincoln Spokane cc!axa HVT,cr wagon t V,Va, Krtttas Groat Whei nan .4....e•.+^a •?ar*a r Neue,e f t�W�se• Adams Tntplierel• Pic9c l•vrft "' " Franklin c CirrMid Yakima erncan �,.•_.,.xa, • »". • . '• WAltta i'Ma +7tYyh Ca.M�tz �Skarnar a v AS{elan Vtia7a:'.rr:a. KIettutat Clark '' We have considered the following items to define our market area for collection of DBE data. • Past and current procurements • Utilization of local market • Availability of product, and services for immediate needs • Impact of small business outreach 4) Base Figure Determination The base figure is intended to be a measurement of the relative percentage of ready, willing, and able businesses that are DBEs. The recipient is required to measure willing and able businesses in its marketplace, using the best available evidence, to derive a fair and accurate base figure that represents the percentage of available DBEs. According to Section 26.45(c) and USDOT Page 4 of 8 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Tips, the overall goal must be based on demonstrable evidence of available ready, willing, and able DBEs relative to all ready, willing, and able non DBEs to participate on the Project. a) Relative Base Figure USDOT Tips requires the calculation of the relative base figure by dividing the number of market area DBEs by all market area businesses (DBEs and non-DBEs), which produces a relative base figure of 0 percent for design. Table 5:Design &Project Development Relative Availability Base Figure Description All Firms in DBE's Market Area Available in Relative (Including Market Availability DBEs) Area Transportation 3 0 0.0% Total: 3 0 0.0% Step Two Base Figure Adjustment The Step Two base figure adjustment, as recommended in USDOT Tips, requires examining relevant and reliable data in the recipient's market area to determine if an adjustment to the base figure is warranted. The consideration of an adjustment is intended to account for any impact the relevant factors may have on DBEs seeking contracting opportunities with Yakima Transit. Since Yakima Transit's goal is zero (-0-), Step Two was not completed. Yakima Transit has never been found to have discriminated against a protected class in the past, as a result, quotas have not been set to address instances of discrimination. Yakima Transit's DBE goal is race neutral. Without DBE-certified contractors, there isn't a way for Yakima Transit to meet a goal above zero. Outreach Efforts • Every bid advertised for Transit contains the following language: "The City of Yakima has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the Department of Transportation (DOT) 49 CFR Part 26. It is the policy of the City to ensure that DBE's, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. The City's current goal proposes that 0% of all DOT funds expended in DOT-assisted contracts will be let to certified DBE firms that are available, willing, and able. The City of Yakima hereby notifies all proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, sexual orientation, or national origin in consideration for an award." • Yakima Transit advertised their DBE goals in El Sol, as well as the local Yakima Herald Republic newspaper (Legal Ads ATTACHED). At the same time, the notice was published on our web page. No comments were received and no changes were made to the goal as calculated. Page 5 of 8 City of Yakima Disadvantaged Business Enterprise Goal Setting Report • "Notice to Bidders" advertisements are routinely sent to the Yakima Hispanic Chamber of Commerce at the same time they are sent to the Yakima Herald Republic. • Procurement Manager and Senior Buyer have made presentations and sat on panels hosted by Washington PTAC at Yakima and Kennewick, WA over multiple years. • Senior Buyer attended class "Linking Together: Diversity, Equity, and Inclusion" in Seattle on 8/20/19. • Senior Buyer attended the 2019 WSTA trade show and participated in vendor outreach efforts. • Purchasing has OMWBE literature available for vendors to pick up. This includes information on how to register to become a DBE/WMBE. • We direct anyone who inquires to www.omwbe.wa.gov to get certified. • The Purchasing website has a page dedicated to our DBE program. The link to OMWBE is provided. • We had our "Selling to the City of Yakima" pamphlet translated into Spanish. An English and Spanish version are posted on the Purchasing website. The pamphlet mentions our WMBE/DBE Goals. • The City of Yakima has provided outreach to minority and women owned businesses and will continue to do so. Following those outreach efforts there has been little to no interest in vendors registering as a DBE. Some of the concerns that we believe vendors face is the federal net worth threshold and that the federal government will be asking for financial documentation to prove that they are under the threshold. Race and Gender-Neutral Goal Yakima Transit projects it shall meet its FFY 2022-24 DBE goals through race and gender-neutral measures, as the goal is zero (-0-). Public Comment and Notice of Proposed Goals In accordance with 49 CFR 26.45(g) and as mentioned in Outreach Efforts above, Yakima Transit advertised their DBE goals in El Sol (in Spanish), as well as the local Yakima Herald Republic newspaper (Legal Ads ATTACHED). At the same time, the notice and the draft Goal-Setting Report were published and available on the City's web page at www.yakimawa.gov/services/purchasing. No comments were received and no changes were made to the goal as calculated. Page 6 of 8 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Proof of Advertisement: Spanish Ad Proof YA K I M A HERALD-REPUBLIC Yakima Transit esta odtgado a envier aada ties arbl a Federal Transit Aarrmistra- WE TELL YOUR STORIES YAKIMANF 1AI 1).C:e?•.1 :,on sus metes de Proyeotos obltgaOones pare Os El Sol de Yakima -n sinesrael pr rod j(Disadvantaged2- seta Para el penodo 2022- A] 202desdeOLdepartld- -i 1 d Proof paGdn DBE(sighs en Ingest ntannacien usada pare es'lablecer esta meta este Ms- aorible para reMebOn p:)bt+a en la Cll.sad de Yakima, This is the proof of your ad scheduled to run on the DepartarnerlodeCaroms, 129 N.2nd et.,YeAMe. WA,y aigura Irk."rmac cn dates indicated below. 'esttngetaest3o,sponibleer el sib°web de la Ciudad en nnp-,rwrw y�aktmawa grnr Please confirm placement prior to deadline. + anq nastaei 25da roan . 21.Sus c nenlartcsseran denvera- by colitactm2 your aossobrelelvocuesloerlas fetes OBE(sighs er Inges;. account rep at (509) 577-7740. 'eclat r del 'e�` lovlennbre.2021. Dare. 10 22 21 Rum Dates: _as pregulas o=pentanes El Sol delakmaal0 29 21 mben see erwrtadosa Cat/at Yakima,Purchasing Dept., Account=: 110352 Marta Maytxie,DBELO,129 C ompan'Name: CITY OF Y U MA TRANSIT 4.2nol St_.Yakima.WA 98901 DIVISION c per entail alnana rrayhue 0 vak rnawa.ucv. Contact Greg Story :988445;Oc3ctler29,2021 Address: 2301 FRL`IT1ALE BLVD YAKaIA.l16A 98902 Telephone: (509)576-6422 Fax: (509)576-6414 Ad ID: 988445 Start: 10 29 21 Stop. 10 29 21 Total Cost: S43.50 =of Inserts: 1 Lines: 38.0 Ad Class: 720: Ad Class Name: Noticias Leeales Account Rep: Sunon Sizer Phone* (509)57"7740 Email: ssizerliyakinaaherald.coln Page 7 of 8 City of Yakima Disadvantaged Business Enterprise Goal Setting Report Proof of Advertisement: English Ad Proof YA K I M A H E RAL Q-REPUBLIC vakma Transit is required to bathe Federal AdmfIstration their Dtsaa- WE TELL YOUR STORIES YAKIMAHE..RAI..D.COM vantaged Business Enterprise goat e El Sol Yakimay Tgoo2022- I24Is04:DBE eused to establish this goal Is avalabie for pubic review al /� ! I the Department, Yakima,Purcras- -A i-'roo�' S_Valera WA.a dsome Tilted Information Is avaltable n the City's website at 1t11p:0 This is the proof of your ad scheduled to run on the Awwya�rn urn Vie;, 2021.VDU are welcome dates indicated below. _acmmera Witte proposed goat.Comments musl _e received by November 25. Please confirm placement prior to deadline. 2021. Qes car by contactlllg your de sent ons or ire sent[d Ctt vt Yakima. Purchasing Dept..Marla May- account rep at (549) 5 .1 0. Yaakkima WA48901 ematled toJ'narta rnayhte fl`yak+mawa Dam: 10 22 21 ?un Dams. Yakima Herald-Republic 1025 21 :9440)accuser 25.2021 Account=. 110352 YakimaHerald.com 10 25 21 Company Name: CITY'OF Y AkIMA TRANSIT DIVISION Contact: Greg Story Address: 2301 FRLTTI:ALE BLVD IAI IMA.WA 9 02 Telephone: (509)576-6422 Fax: (509)576-6414 Ad ID: 9s&--10 Start: 1025 21 Stop: 10.25'21 Total Cost: S58.A0 =of Inserts: 2 Luxes: 31.0 Ad Class: 6021 Ad Class Name: Public Legal Notices Account Rep: Simon Sizer Phone tt (509)577-7740 Email. ssizer dvakimaheraldcotu Page 8 of 8