The DBE Goal Setting Process. Milwaukee Streetcar Project

Transcription

1 The DBE Goal Setting Process and Title VI Introduction Milwaukee Streetcar Project

2 Housekeeping Please note, we are interested in establishing a DBE Advisory Committee to review our plans and make recommendations to the City. Pleasecomplete the card with your NAICScode information. Key NAICS codes are on the rear of the card. See staff for assistance with other codes. Please return your contact card at the end of this meeting. Let us know your interest in the DBE Advisory Committee. NAICS: North American Industry Classification System

3 Welcome and Introductions Slide show comments DBE designers/consultants Non DBE designers/consultants All suppliers and/or manufactures DBE Trade contractors Non DBE Trade contractors Concord/Prism Owner s Representative Team FTA representatives City of Milwaukee Officials (Project Overview)

4 Project Overview City of Milwaukee Department of Public Works

5 DBE Goal Setting

6 DBE Goal Setting A part of the overall DBE Plan Mandated by Congress under TEA21 Transportation Equity Act for the 21st Century Section 49 of the Federal Code of Regulations 49 CFR Part 26 Comment on QR Codes and tiny URL use Native web address is 160 characters long =Section%20Heading;op2=and Tiny URL is 26 characters

7 49 CFR Effective February 28, 2011 Recipients of FTA financial assistance must set an overall goal for DBE participation Theapplicable business certification being reported to FTA is solely the DBE certification

8 Who sets the goal? The City of Milwaukee Department of Public The City of Milwaukee Department of Public Works (DPW)

9 Three Step Process to Goal Setting 1. Determine a Base Figure for the relative availability of DBEs (five possible methods) 2. Adjust thebase Figure 3. Express the overall goal

10 Step 1: Determine a Base Goal Five possible steps in goal setting A. DBEDirectories Directories and Census Bureau Data: for appropriate NAICS Codes, determine the number of ready willing and able: i. DBEs in our market fromthe UCP directory. ii. Non DBEs in our market iii. Divide the number of DBEs by Non DBEs

11 Step 1: Determine a Base Goal Five possible steps in goal setting B. DBE Directories and Census Bureau Data: Determine the number of ready willing and able DBEs in our market from the UCP directory.

12 Step 1: Determine a Base Goal Five possible steps in goal setting C. Disparity Study: Develop a percentage figure derived from data in a valid, applicable disparity study.

13 Step 1: Determine a Base Goal Five possible steps in goal setting D. Goal of another USDOT recipient: e if another USDOT recipient in the same, or substantially similar market, has set an overall goal in compliance with this rule, the City may use that goal as a base figure for our goal.

14 Step 1: Determine a Base Goal Five possible steps in goal setting E. Alternative methods: A methodology chosen by the City based on demonstrable evidence of local market conditions and designed to ultimately attain a goal that is rationally related to the relative availability of DBEs in our market. This must be approved by FTA.

15 Step 1: Determine a Base Goal Five possible steps in goal setting Based upon the options before us, we plan to seek approval of choice D to use a base goal, of Milwaukee County, initially adjusted for presumed differences for the rail project. Milwaukee County DBE goal approved for FYE

16 Step 2: Base figure adjusted Factors considered when adjusting the base figure (1 of 2) Current capacity of DBEs to perform work on the Streetcar project. Disparity studies conducted within the jurisdiction, to the extent it is not already accounted for in the base figure. If the base figure is the goal of another recipient, adjust for difference in your local market and your contracting program.

17 Step 2: Base figure adjusted Factors considered when adjusting the base figure (2 of 2) If available, consider evidence from related fields that affect the opportunities for DBEs to form, grow and compete: Statistical disparities, re: Financing, bonding and insurance, etc. Data on employment, self employment, education, training and union apprenticeship p programs, to the extent it can be related. If an adjustment is made to account for continuing effects of past discrimination ( but for factors), adjustments must be based upon demonstrable evidence that is logically and directly related.

18 Step 3: Express Overall Goal Using USDOT DBE Program form Attachment 4

19 Step 3: Express Overall Goal 1. Set a Project Goal 2. Set an Overall Goal on a Fiscal Year Basis

20 Step 3: Express Overall Goal Set a Project Goal Option 1 of 2 FTA may permit or require the goal to be expressed as a percentageof the fundsforfor a particular grant and/or projects. Project goal is an overall goal, and must meet all the substantive and procedural requirements pertaining to overall goals. Project goal covers the entire length of the project Project goal should include a projection of the DBE participation anticipated to be obtained during each fiscal year covered by the project goal. Funds for the project to which the project goal pertains are separated from the base from which your regular overall goal, applicable to contracts not part of the project covered by a project goal, is calculated.

21 Step 3: Express Overall Goal Overall Goal set on a fiscal year basis Option 2 of 2 (A) Submit ttoto FTA by August 1 st at three year intervals, based on a schedule established by FTA and posted on the City s DPW website Adjust 3 year overall goal during the 3 year period to which it applies, in order to reflect changed circumstances. Submit any adjustments t to FTA. FTA may direct a review of goal Overall goal andtheprovisions of Sec 26.47(c) applyto each year during that 3 year period.

22 Step 3: Express Overall Goal Overall Goal set on a fiscal year basis Option 2 of 2 (B) Submit description of goal in attachment 4 Methodology used to establish goal explained Summary of relevant available evidence in jurisdiction and why/why not used in adjustment Projection of portions of the overall goal expected to be met through race neutral and race conscious measures, respectively (26.51(c)) Timely submission and FTA approval of goal is a condition of eligibility for US DOT financial assistance

23 Public Participation

24 Public Participation Requirement Consult Knowledgeable Persons and Entities Individuals and officials M/W/DBE firms and groups Non DBE service providers and groups, community organizations and other Amble Time to inform the public Once Plans are prepared, there will be a 45 day comment period Publish information in general and ethnically circulated media and trade publications

25 TITLE VI COMPLIANCE

26 TITLE VI COMPLIANCE Title VI of the Civil Rights Act of 1964 Executive Od Order 12898: Environmental Justice Executive Order 13166: Limited English Proficiency

27 TITLE VI COMPLIANCE: Enforcement Department of Justice Federal Highway Administration Federal Transit Administration U.S. Department of Transportation

28 TITLE VI COMPLIANCE: Required Submission The City is required to submit an approved Title VI Program to the federal government demonstrating how it will comply with Title VI and therelated Executive Orders.

29 TITLE VI PROGRAM: Elements Notification of Rights Complaint Procedure Public Participation Minority Oversight System wide Policies Access to LEP Persons

30 TITLE VI PROGRAM: LEP Compliance Four Factor Analysis: Number of LEP persons eligible / likely to be served Frequency of contact Nature and importance of program Resources

31 TITLE VI PROGRAM: LEP Compliance LEP Implementation Plan Identification of LEP persons needing language assistance Development of language assistance measures Staff training Notice to LEP populations of measures changing / improving access to services Regular monitoring of progress and updating of plan

32 Contacts City of Milwaukee Department of Public Works DBE Liaison Officer Ghassan Korban, P.E. Commissioner 841 N. Broadway, Room 501 Milwaukee WI Phone Fax k DBE/Title VI Consultant Prism Technical Management Project Manager Lafayette L. Crump, Esq. Chief Operating Officer 6114 W Capitol Suite 200 Milwaukee, WI x 103 Phone Fax lcrump@prismtechnical.com l

33 Thank you