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(DBE) PROGRAM July 2017

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(DBE) PROGRAM July 2017 San Diego Association Governments DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM For U.S. Department of Transportation Funded Projects July 2017 Submitted in fulfillment of: Section 1101 of the Transportation Equity Act for the 21st Century 49 Code of Federal Regulations Part 26 401 B Street, Suite 800 • San Diego, CA 92101-4231 • (619) 595-5300 Revisions as of May 26, 2017 BOARD OF DIRECTORS The 18 cities and county government are SANDAG serving as the forum for regional decision-making. SANDAG builds consensus; plans, engineers, and builds public transit; makes strategic plans; obtains and allocates resources; and provides information on a broad range of topics pertinent to the region’s quality of life. CHAIR FIRST VICE CHAIR EXECUTIVE DIRECTOR Hon. Ron Roberts Hon. Terry Sinnott Gary L. Gallegos CITY OF CARLSBAD CITY OF SANTEE Hon. Matt Hall, Mayor Hon. John Minto, Mayor (A) Hon. Keith Blackburn, Mayor Pro Tem (A) Hon. Ronn Hall, Councilmember (A) Hon. Cori Schumacher, Councilmember (A) Hon. Rob McNelis, Councilmember CITY OF CHULA VISTA CITY OF SOLANA BEACH Hon. Mary Salas, Mayor Hon. David A. Zito, Councilmember (A) Hon. Steve Padilla, Councilmember (A) Hon. Jewel Edson, Councilmember (A) Hon. John McCann, Councilmember (A) Hon. Mike Nichols, Mayor CITY OF CORONADO CITY OF VISTA Hon. Richard Bailey, Mayor Hon. Judy Ritter, Mayor (A) Hon. Bill Sandke, Councilmember (A) Hon. John Aguilera, Councilmember (A) Hon. Carrie Downey, Councilmember (A) Hon. Amanda Rigby, Councilmember CITY OF DEL MAR COUNTY OF SAN DIEGO Hon. Terry Sinnott, Mayor Hon. Dianne Jacob, Chair (A) Hon. Ellie Haviland, Councilmember (A) Hon. Bill Horn, Supervisor (A) Hon. Dave Druker, Councilmember Hon. Ron Roberts, Supervisor (A) Hon. Greg Cox, Supervisor CITY OF EL CAJON (A) Hon. Kristin Gaspar, Vice Chair Hon. Bill Wells, Mayor (A) Hon. Steve Goble, Councilmember ADVISORY MEMBERS CITY OF ENCINITAS Hon. Catherine Blakespear, Mayor IMPERIAL COUNTY (A) Hon. Tony Kranz, Deputy Mayor Hon. John Renison, Supervisor, District 1 (A) Hon. Tasha Boerner Horvath, Councilmember (A) Mark Baza, Imperial County Transportation Commission CITY OF ESCONDIDO CALIFORNIA DEPARTMENT OF TRANSPORTATION Hon. Sam Abed, Mayor Malcolm Dougherty, Director (A) Hon. John Masson, Councilmember (A) Laurie Berman, District 11 Director (A) Hon. Ed Gallo, Councilmember (A) Ann Fox, Deputy Director CITY OF IMPERIAL BEACH METROPOLITAN TRANSIT SYSTEM Hon. Serge Dedina, Mayor Harry Mathis, Chair (A) Hon. Ed Spriggs, Mayor Pro Tempore (A) Hon. Mona Rios (A) Hon. Robert Patton, Councilmember NORTH COUNTY TRANSIT DISTRICT CITY OF LA MESA Hon. Rebecca Jones, Chair Hon. Kristine Alessio, Councilmember (A) Hon. Ed Gallo (A) Hon. Bill Baber, Councilmember (A) Hon. Jewel Edson (A) Hon. Colin Parent, Councilmember U.S. DEPARTMENT OF DEFENSE CITY OF LEMON GROVE Joe Stuyvesant, Navy Region Southwest Hon. Jerry Jones, Councilmember Executive Director (A) Hon. Jennifer Mendoza, Mayor Pro Tem (A) Steve Chung, Navy Region Southwest (A) Hon. Racquel Vasquez, Mayor SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY Hon. Garry Bonelli, Commissioner Hon. Ron Morrison, Mayor (A) Hon. Rafael Castellanos, Commissioner (A) Hon. Alejandra Sotelo-Solis, Councilmember (A) Hon. Mona Rios, Councilmember SAN DIEGO COUNTY WATER AUTHORITY Mark Muir, Chair CITY OF OCEANSIDE (A) Jim Madaffer, Vice Chair Hon. Jim Wood, Mayor (A) Christy Guerin, Director (A) Hon. Chuck Lowery, Deputy Mayor SOUTHERN CALIFORNIA TRIBAL (A) Hon. Jerry Kern, Councilmember CHAIRMEN’S ASSOCIATION CITY OF POWAY Hon. Cody Martinez, Chairman, Hon. Steve Vaus, Mayor Sycuan Band of the Kumeyaay Nation (A) Hon. Jim Cunningham, Councilmember Hon. Robert Smith, Chairman, (A) Hon. John Mullin, Councilmember Pala Band of Mission Indians CITY OF SAN DIEGO MEXICO Hon. Kevin Faulconer, Mayor Hon. Marcela Celorio, (A) Hon. Lorie Zapf, Councilmember Cónsul General of Mexico (A) Hon. Chris Cate, Councilmember (A) Vacant Hon. Myrtle Cole, Council President Deputy Cónsul General of Mexico (A) Hon. Barbara Bry, Councilmember (A) Hon. Ruth Alicia López, Vice Consul (A) Hon. Georgette Gomez, Councilmember CITY OF SAN MARCOS Hon. Jim Desmond, Mayor (A) Hon. Chris Orlando, Councilmember (A) Hon. Kristal Jabara, Councilmember Revisions as of May 26, 2017 San Diego Association of Governments • Disadvantaged Business Enterprise Program I. POLICY STATEMENT AND PROGRAM OBJECTIVES Policy Statement/Objectives (§26.3, §26.7, §26.21, §26.23) The San Diego Association of Governments (SANDAG) has established and adopted a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), Title 49, Code of Federal Regulations (CFR), Part 26 “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” SANDAG has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, SANDAG has signed an assurance that it will comply with Title 49 CFR Part 26. The SANDAG DBE Program will be implemented immediately upon publication. It is the policy of SANDAG to ensure that DBEs as defined in 49 CFR Part 26 have an equal opportunity to receive and participate in SANDAG’s DOT–assisted contracts. It is also our policy to: 1. Ensure non-discrimination in the award and administration of all SANDAG contracts and subcontracts; 2. Create a level playing field by which DBEs can compete for and perform in SANDAG’s DOT-assisted contracts; 3. Ensure that the SANDAG DBE Program is narrowly tailored in accordance with applicable law and current legal standards, including the Ninth Circuit Ruling in Western States Paving vs. Washington State Department of Transportation; 4. Ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. Help remove procurement and contracting barriers, which impede DBE participation in SANDAG DOT-assisted contracts; 6. Monitor and enforce contractor compliance in meeting established goal objectives and program requirements; 7. Assist in the development of DBEs and Small Businesses to increase their ability to compete successfully in the SANDAG contracting program; and 8. Ensure SANDAG contractors and subcontractors take all necessary and reasonable steps to comply with these policy objectives. As evidence of SANDAG’s commitment to pursue these policy objectives, the Executive Director, Gary Gallegos has designated Laura Coté, Director of Administration, as the DBE Liaison Officer (DBELO). In this capacity Ms. Coté is responsible for implementing all aspects of the DBE program. The DBELO has direct access to the Executive Director for DBE-related matters. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by SANDAG in its financial assistance agreements with DOT. Page 1 San Diego Association of Governments . Disadvantaged Business Enterprise Program SANDAG has disseminated this policy statement to all the departments of our organization. Additionally, SANDAG will post this policy on the SANDAG website for DBE and non-DBE businesses that are interested in performing work on SANDAG projects. Through such efforts, SANDAG will ensure DOT-assisted contracting and procurement related processes promote equity in access, consideration and opportunity for DBEs and othêr small businesses in response to requirements set forth under 49 CFR Part 26; "Participation of Disadvantaged Business Enterprises in U.S. Department of Transportation Programs," effective March 4,1999, and subsequently issued DOT Directives and Final Rules. Laura Coté, of Administration ' 7-lzoln (Sign Date Page2 San Diego Association of Governments • Disadvantaged Business Enterprise Program II. APPLICABILITY (§26.3, §26.21) SANDAG has an established Disadvantaged Business Enterprise (DBE) Program in accordance with Title 49 Code of Federal Regulations (CFR) Part 26 provisions, which concerns participation by DBEs in United States Department of Transportation (DOT) Programs. Since SANDAG receives funding directly from the Federal Transit Administration (FTA), it has established and implemented a distinct DBE Program for FTA-assisted projects. SANDAG also receives funds from the Federal Highway Administration (FHWA) as a subrecipient through Caltrans. SANDAG is required to adopt the Caltrans DBE Program for FHWA-assisted contracts, including setting goals on individual contracts. SANDAG, as a direct recipient of federal funds from the U.S. DOT (FTA), and as a condition of Federal financial assistance, is required to submit for approval to the DOT Operating Administrations from which it receives the majority of its funding, a DBE Program developed in accordance with federal regulations published under Title 49 CFR Part 26 and subsequent guidance. This DBE Program sets forth the policies and procedures to be implemented by SANDAG to ensure that DBEs have an equitable opportunity to participate in DOT-assisted contracting opportunities. In direct response to these regulatory requirements, SANDAG hereby establishes a DBE Program, which will: 1. Comply with federal regulations and financial assistance agreements; 2. Meet legal standards for narrow-tailoring requirements; 3. Ensure non-discrimination in the award of DOT-assisted contracts; and 4. Reaffirm SANDAG’s commitment to fairness and the principles of equal opportunity. In conformance with 49 CFR Part 26, SANDAG will continue to carry out its DBE Program until all
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