DBE Program Information Presentation

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DBE Program Information Presentation

• Caltrans Division of Local Assistance

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What is the Purpose of this Meeting?

• To provide information to local agencies
  concerning
• the transition and implementation of a Race
  Conscious DBE program
• race conscious measures applied only to
  under-utilized DBEs.

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Where Were from 5/1/06 to 3/3/09

• Race Neutral Program
• No Contract goals
• No Good Faith Efforts
• Employing Race Neutral Measures only

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Summary of Events 2006-2008

• 9th Circuit Court Decision
• Established new standards to justify use of goals
• Recipients must first determine if discrimination
  exists before applying contract goals
• Therefore Caltrans
• Held DBE Public forums
• Implemented a wholly Race Neutral Program
• Conducted a Disparity Study

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Summary of Events (cont.)

• Disparity Study Findings
• Disparity found in four of the six groups
• African Americans
• Asian Pacific
• Native Americans
• Women
• At or near parity for Hispanic and Subcontinent
  Asian Males

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Summary of Events (cont.)

• Requested Waiver from US Department of
  Transportation has been approved
• 49 CFR Part 26.45(h) does not allow for placing
  race or gender specific contract goals
• 49 CFR Part 26.15 does allow for a waiver as long
  as the waiver allows the recipient to achieve the
  objectives of the DBE program
• Objective To create a level playing field on
  which DBEs can compete fairly for DOT-assisted
  contracts

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Summary of Events (cont.)

• FHWA approved DBE Goal for Federal Fiscal Year
  2009 on February 25, 2009
• 6.75 Race Neutral 6.75 Race Conscious
• Contract Goals limited to Underutilized DBEs
  (UDBEs) African American, Native American,
  Asian Pacific American, and Women
• All DBE participation (including Hispanic and Sub
  Continent Asian participation) is counted towards
  the Race Neutral portion of the overall DBE Goal

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Where are we now..

• Letter from Caltrans Director Kempton to
  Construction Community
• Letter from Denix Anbiah, Division Chief,
  Caltrans Division of Local Assistance to Local
  Agencies

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Posted on the DLA website

• Letters (Kempton, Anbiah)
• Boilerplate Specs (estimated available March 27)
• DBE Forms (including LAPM, Exhibit 9A DBE
  Implementation Agreement)
• Frequently Asked Questions
• Guidance (Good Faith Effort, Calculating Annual
  Anticipated DBE Percentage Levels)
• See Announcements on the Local Assistance
  website
• http//www.dot.ca.gov/hq/LocalPrograms/

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Local Agencies

• How will the approved Race Conscious DBE program
  affect local agencies federally funded
  transportation contracts?
• Will local agencies have a transition period?
• What actions must local agencies take?
• Is there any training available?

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Affect on local agency contracts

• Overall Statewide DBE Goal Methodology has
  both Race Conscious and Race Neutral components
• Continue to Implement Race Neutral measures
• Reinstate contract goals (Race Conscious
  measures)
• Reinstate Good Faith Efforts
• In meeting Contract Goal
• In substitutions during contract administration
• Contract goals and Good Faith Efforts will be
  limited to UDBEs only

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Local Agency Transition Period

• Local Agencies have until June 2, 2009 to adopt
  the Race Conscious DBE Implementation Agreement
• Strongly encourage local agencies to adopt the
  Race Conscious DBE Implementation Agreement, to
  the greatest extent possible, in 60 days.
• After June 2, 2009, no contracts will be awarded
  without contract goals.

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Actions to take to Transition

• Action to take NOW Review any work that you
  have and determine the UDBE availability and
  calculate contract goals for contracts you plan
  to award after June 2, 2009
• Action to take NOW Download the LAPM Exhibit
  9A DBE Implementation Agreement and get it
  adopted by your local agency
• Any Requests for Authorizations to Proceed may be
  submitted with Race Conscious requirements while
  your Race Conscious DBE Implementation Agreement
  is in process of adoption.

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Annual Submittals (Exhibit 9B)

• The 2009 Annual Submittals (LAPM Exhibit 9B) will
  not have to be resubmitted
• The 2010 Annual Submittals are due June 1, 2009
  and should reflect a Race Conscious DBE Program.
• Guidance for Calculating AADPLs with UDBEs is
  posted on the Local Assistance website

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DBE Training

• UC Berkeley will be providing DBE Program
  Training during the month of April
• Training will be provided in each of the Caltrans
  Districts
• District Training Coordinators will be notifying
  local agencies of the schedule when finalized by
  UC Berkeley

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Caltrans and local agencies goal

• Meet or exceed the Overall Statewide DBE Goal
• Utilize DBEs
• Report DBE/UDBE Commitments and Utilization
• Employ Race Neutral Measures

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Questions?
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• You are representing your agency at this meeting.
  Please share this information with all relevant
  parties at your agency.
• Thank You