Travis County Commissioners Court
May 8, 2007
Item 11
Ttwe do have on the agenda an item posts for 11:30. We are a few minutes after that. It is to approve memorandum of an understanding, mou, with the Texas department of transportation for the federally approved disadvantages business enterprise, dbe, program. Determine.
>> back in November of '06 d dnr let us know they were going to be asking for more of these advanced funding agreements for the mobility project in our area. As part of this agreement, federal funds are being provided. We were sort of notified that we need to get with tex dot and look at their minority business program and that we would have more success with competing for these funds if we would adopt what they call the dbe program. Sylvia and some of my other staff have been meeting with tex dot, gone to some of the training to understand what it involves. And so the means for us to do that, to participate, is to, is for the court to approve this memorandum of an understanding. Now, this program, this hub program will only be used on specific federally funded projects that we are doing with tex dot. It will not affect our other program. So sylvia lopez is going to introduce our guest and then we can answer questions for you all if you all have any and tam ra was aur tone who worked with us on this. Thank you.
>> good morning, sylvia hoe best. I'm the hub program coordinator. To my left I have the tex texdot representative, elizabeth bozwñl. We did ask her to come with us today in case you had questions about the program that we cannot answer. I'm going to let her introduce herself.
>> my name is elizabeth boss well and I work in the business opportunities programs office at dot. I am the transportation compliance engineer for our dbe program, work closely with the districts who are involved in the actual administration of the dbe program. I am familiar with the memorandum of an understanding and I'm here today just if you have any questions that I might be able to answer. If not, if there is something I can't answer, we'll be happy, tex dot will to provide an
>> a your opinio, based on your experience, has this program significantly increased the number of dbe dbe's doing business with the tex dot sm.
>> sm.
>> yes, sir, I believe it has. We have a relatively good system where by we monitor our dbe's in the program, and we kind of try to track them through the program. Some of them have actually become prime contractors. The success of our program is dependent upon those dbe dbe's that actually graduate from the program and become prime contractors. It's a win-win situation for tex dot because then ultimately we have more contractors bidding on our projects as a prime.
>> how that is determined, though? Especially with a small person smin other words, have you a hub and dbe. What difference p directory tha only has hub--
>> you will have to g certified as a hub vendor.
>> certification of dbe.
>> and credit.
>> takes place and then after the certification, there actually is a dbe, that particular dbe's name is placed in a lot of the names, and that prime contractor is restricted to dbe that is correct ?
>> yes, yes, sir. In order for us to receive credit for e a lot of ime contra goal on that project.
>> okay.
>> I have a question.
>> go ahead.
>> I understand that we have to adopt the tex dot dbe standard in order to handle these federal contracts. Correct? So in the interest of information, not that it's going to change my decision- decision-making here, because we have to adopt this dbe program in order to handle these federal contracts, federal funds. But for informational purposes, what are, you know how has the dbe been perform performing as opposed to Travis County's hub program in regard to percentages of african american, hispanic, women-owned businesses, asian businesses? Do we have a comparison of the ultimate performance of the Travis County hub prversus the tex nding in readi some of the material, and I have read it the least, under the federal program, you cannot, it says you cannot subdivide into group specific goals. They have an overall goal of 12.12 percent.
>> right.
>> so my understanding in the federal rules, you cannot list it out by african american--
>> you cannot add minister it that way because of the change based on the current administration.
>> correct.
>> that happened about eight years ago.
>> I don't know because we have never had to follow federal rules.
>> but it doesn't mean you cannot measure it's activity after the fact. And I don't know--
>> .
>> I don't know.
>> you just can't add minister it that way. I was curious to see the performance.
>> we haven't looked at it that.
>> you think you have been reefreef--reefing the 12 percent.
>> overall we have not had issues with meeting that goal.
>> but probably because there is no incentive to, because of the way the federal law is structured, but we haven't been able to break out that 12 percent to see how we are performing as far as african american, hispanic, asian, women-owned businesses. We are not differentiating.
>> no, we are not differentiating in the administration of the program, but we do maintain data that would provide that type of information. We have never done any type of comparison is to how those numbers fall in comparison to a hub program. We have just never done the come parse.
>> do you have that data today as far as--
>> I don't have that data with me, but that would be something that we can provide. We can break down, possibly, a report breaking out the different categories of our dbes.
>> I think that would be very useful for us.
>> okay.
>> again, not because I don't think we should do this. We should. In order to be able to facilitate what we do at county government. But I think it would be very beneficial for us, as we move forward with our own Travis County hub practice, to see how this other model that doesn't break it out has been performing when you do break out the activity. I think it would be helpful to tex dot and Travis County.
>> I have a question of when some one goes through tex dot, how do they get the information about having to apply as deb or whatever.
>> in our business opportunities program we have a section devoted to outreach. We have several programs . We have a link program. That is an acronym. But basically what the program does, we reach out to potential dbe's, small businesses, and provide a networking between these dbe dbe's and the prime contractors. Thus the acronym link, where we try to make that relationship, you know, billed that relationship between the primes and the dbe's so that they become familiar with the process. We have a lot of technical assistance programs where we actually will bring our dbe dbe's in and allow them to, you know, receive training. We are actually working right now on an agreement with a college in dallas, cedar valley. It's another acronym called rt b o project where we are bringing dbe's that fill out the application, and if they are accepted into the program, they to through an entire program through cedar valley to try to develop them in such a way that they are able to obtain more work through our prime contractors.
>> okay.
>> so we have a tremendous outreach program.
>> and we have been working for years in this group. Our outreach facility, we have been working with text dot, the city, all these groups, trying to kind of ride their coat tails. Let our same hub firms knows that it is available. So we have been trying to, we have a good network.
>> I i--i think ms. Boz well is being very moddest of they have a great database. The team is a great team that works very well together. They allow to us go with them for free to these events they have in dallas, fort worth, they have allowed to us have a booth. The mou is going to keep us busy.
>> yes.
>> kind of a paradigm shift for us. Yes, sir.
>> in Travis County what other entities are associated or have adopted this particular program with tex dot right now ?
>> okay.
>> you know, the whole bunch of them? I just want to know what exam what--example do we have before us here today ?
>> it's fairly new. I know we have an agreement with the central Texas regional mobility authority.
>> crma.
>> right. We have been working with Williamson county and I'm not sure if that mou has been signed yet. We have sent out letters to the other regional mobility authorities throughout the state, inviting them to consider this mou and have actually sent a draft mou to the rma's such that we can go through this step, that once they become active and have projects that they want to implement, that we will already have this portion done. So we have done outreach with this mou, with some of the, we have worked with the city of san antonio, and they have been active in the past where they their own dbe program. That is the city of san antonio. We have worked with montgomery tñt. To specifically say which ones have actually signed off on the mou, the one to date to my knowledge is cprm cprma.
>> so, this is why I ask the question, I was trying to see if there is a track record of participation to look at maybe why Travis County needs to do it. Is it the end result of participation level that substantially is more successful than above. I really don't know. But I was hoping that I would have had an example somewhere that I could see that there are some numbers that suggest that there would be a big improvement as far as participation. Especially with dbe's and vendors out there in Travis County. That is a big concern of mine. I would like to know if there were any available number out there per se.
>> I think, Commissioner, just with all of us working together, tex dot, the city, as we work together, we are just building the pool of available.
>> I was talking about existing mossel. That is what I was looking for. Not our relationship before trying to do today.
>> I think we are very limited as far as what exist exists out there to compare.
>> pardon ?
>> as far as what is out there to compare ourselves to n talking with ephraim, the director of the business opportunity office, we are very limited at this point. Probably six months down the road we could have did it for you.
>> city of Austin or one of the other large cities? Cities??
>> I don't believe they have a dbe program.
>> to my knowledge we have not had any direct contact with the city of Austin concerning this mou. I don't believe so.
>> when you get federal funds, we have to adopt this program. It's a requirement to do so.
>> I'll make the motion.
>> I second that.
>> make sure I understands. You are with the state.
>> yes, sir.
>> the feds are saying, if you want federal money, have you to participate in our dbe program.
>> yes, sir.
>> and historically we have not had such a requirement in place.
>> that is correct.
>> so what caused this to surface at this time? Just a new federal requirement ?
>> the federal requirement. If you as the county are going to be utilizing federal funds, then because of federal regs, you are required to have a dbe program.
>> okay. And the 12.12 percent is for the state of Texas.
>> that is the overall state statewide goal, 12.12 percent.
>> there is no goal for Travis County.
>> there is no goal that tex dot imposes on Travis County county. There is nothing reinventing Travis County from establishing a goal-- goal--preventing Travis County from establishing a goal.
>> each contract we have with federal funds, we have to develop a contract specific goal. Each of our programs have their own separate goals. Which is a great difference between our program and this program.
>> I understand am for the federal dollars, the goal remains a 12.12 percent.
>> yes, this is the--tex dot overall.
>> we make the call as long as it is legal. Correct ?
>> that is correct.
>> so, do we have the authority to express a preference for dbe's from the directory that are in Travis County or central Texas?
>> I would say the answer to that is no. The prime contractor, the contractor that Travis County will execute a contract with to build a road, I think the road you mentioned was somewhere off of freight barker, that particular prime contractor has the control, for lack of a better word, to determine who he is going to subcontract with. Okay? Now, he will have to adhere to a project specific goal which sylvia pointed out, in order to meet that project specific goal, he has the prerogative, or she, the prerogative or authority, to subcontract with the dbe of their choosing. So there's no ability for an entity to put a preference on, well, for the prime to subcontract to certain dbe.
>> okay. We may have some legal questions.
>> okay.
>> I just want to mention. Specifically with request to the construction contracts, you cannot have local hiring preferences. There are some circumstances with respect to the design contracts where you actually can. But it has to be as per the federal regulations.
>> okay. I'll write those questions and gel them to you. Not for today, but for later.
>> that is fine.
>> my little mind goes to work whenever federal dollars become available.
>> I would like to say that I think that we are, our hub programs, we have been doing this for so long, we are so far along that this has not been as failpainful as it could have been.
>> uh-huh.
>> there's a lot to it. Federal regulations are stacks of stuff like this. In the efforts that we made over the last ten years, I think we are at a really good point.
>> good news is we don't have to do this. Bad news is that you don't get federal dollars if you don't.
>> there you go.
>> I want to think a couple of folks upstairs that helped. Jason walker has been doing a great job in helping us research this. I want to say thanks jace.
>> and tamara.
>> and tamara.
>> and tn r. I don't see them there.
>> ms. Boss well, if we have complaints in you future, you are the one we come contact.
>> you come see me. Right.
>> all in favor, thotenote. Thank you very much.
>> thank you.
>> appreciate it.
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Last Modified:
Wednesday, May 9, 2007, 8:00 AM