DBE Committee/ODOT - DODI Meeting
Friday, June 21, 2019, 10:00 a.m.
ODOT Conference Room 3B


M I N U T E S

Call to order – 10:06 a.m.

   • Approval of minutes from October 15, 2018 – N/A

   • Introductions
        o Katie LaPlace, Compliance Administrator
            Katie was introduced and described her new role in ODI.

   • Table of Organization changes at ODI   
           Deborah Green is still the DBE Liaison Officer. A new compliance manual is being developed and is about 90% complete. 
           Short term leasing of equipment was discussed, and still be considered on a case-by-case basis, it will be more clear as to
           when it would be acceptable for counting as a DBE performing a CUF. Concern is over just being a broker and not owning
           equipment, but equipment breakdowns and other understandable normal business considerations will be recognized.

   • OJT Program
        o    What counts as trainees
              Concerns have been expressed by union and non-union contractors. They are submitting I-29 forms but are not
              identifying new employees as trainees because they are paying them the full journeyman wages. ODI will check to see
              if the CFR does not allow those that are being paid full journeyman wages to be counted as trainees.
        o    What counts as GFEs
              ODI will be reasonable in this regard and are not looking to find contractors in noncompliance. If the contractor works
               to develop a training program and identifies all eligible employees on their I-29s, normal business practices will be recognized.
        o    Training program approval
              Union contractors should be able to contact their unions and get their training plans and use them. Non-union contractors
              will need to contact Apprentice Ohio and work with them to develop their plan.
              ODI has developed an FAQ sheet (attached) that has additional information.

   • DBE Administrative Appeal process changes
             There will now be a hearing officer, as there was in the past. They will be a neutral third party. One reschedule will be permissible.
             ODOT will have legal counsel present (DBE may if desired). The hearing will last up to three hours but may be continued at a later
             date. A court reporter will be provided. The hearing officer will have up to 30 days from receipt of the transcript to submit their
             recommendation. The final decision still rests with the Director of ODOT.
             The hearing is optional – the DBE may elect to submit information in writing. Dan Malkoff has the hearing officer contract.

   • Goal attainment statistics
        o Overview of regional goal setting meetings
             The regional goal setting meetings which outline the reasoning behind the DBE utilization goal for federal fiscal years 2020-2022
              was discussed. Will need to repeat the Disparity Study sometime within the next three year cycle.

   • Good Faith Efforts
       o Updated statistics – submitted/accepted
              Contractors
              Consultants
          To date there have been three examples of GFEs accepted at bid. Tom Yanka will provide this information.

   • Status of FHWA/ODOT/OCA group
             Will be meeting again soon.
             Recently FHWA from Washington visited to review the conciliation agreement with ODOT. Several areas were regarded as completed.
             Still working on prompt payment, form FHWA-1273, training of the District CCos, and LPA compliance.

   • Next meeting
             Will be set at the call of the Chair.

Adjourn – 12:20 p.m.