FHWA/MoDOT Partnering Agreements

Civil Rights (External)

April 2011

I. Roles and Responsibilities of MoDOT

Ensure Civil Rights performs in accordance with state and federal laws and regulations while implementing MoDOT's Tracker priorities and goals. For our program area, the following tasks are considered the most important and we will work with FHWA as true partners to ensure success:

• External Civil Rights (ECR) responsibilities link directly to MoDOT's Tracker. Civil Rights supports the following Value Statement included in the Tracker, ''MoDOT will value diversity because we believe in the power of our differences." It is important for MoDOT to demonstrate responsible use of taxpayers' money, listen and respond to the public, and additionally, be the first and best source of information about MoDOT's External Civil Rights program, and improve relationships with the highway construction industry.
• The following responsibilities are general priorities and goals performed by ECR that assist in supporting MoDOT's Strategic/Business Plans and FHWA's Performance Plan in conjunction with state/federal laws and regulations:
  

  	ACTIVITY	FREQUENCY	INDIVIDUAL RESPONSIBLE
  1	Title VI Plan accomplishments and next year's goals	Annually by October 1	Lester Woods, Jr
  2	Title VI Plan update	Annually by Ocotber 1	Lester Woods, Jr
  3	EEO Contract Compliance Review Reports	Submitted upon completion	Melissa Stuedle (Lead), Donetta Cole/Patricia Weekley (Assist)
  4	MBE/MWBE/WWBE Awards & Commitment (Form DOT 4630)	Semi-Annually, June 1 and December 1	Kristi Hixson
  5	Disadvantaged Business Enterprise (DBE) Program revisions	As needed or as requested	Kristi Hixson
  6	DBE Certification Applications	90 Day Review	Donetta Cole, Rose Cooper, Kristi Hixson, Patricia Weekley
  7	State's DBE program goals (Start 45 Day Public Notice)	Annually by June 1	Kristi Hixson
  8	State's DBE program goals (Final Submittal)	Annually by August 1	Kristi Hixson
  9	Supportive services funds requests	Annually by May 1	Patricia Weekley (DBE), Melissa Stuedle (OJT)
  10	Annual Contractor Employment Report (Construction Summary of Employment Data (form PR-1392))	Annually by September 1	Melissa Steudle (Lead), Donetta Cole (Assist)
  11	Report on supportive services On-the-Job Training (OJT) & (DBE)	Quarterly by April 1, July 1, October 1, January 1	Patricia Weekley (DBE), Melissa Stuedle (OJT)
  12	OJT goals & accomplishments	Annually by January 15	Melissa Stuedle
  13	Americans with Disabilities Act compliants	As requested by FHWA (90 Day Review)	Lester Woods, Jr
  14	Design Build Enhancements	15 Days from Completion	Donetta Cole
  15	ECR Staff Activity Reminders	10 Days and 5 Days Before Activity Completions	Tracey Rackers

Additionally, all individuals responsible for activities assigned will inform and keep the External Civil Rights Administrator abreast of the status of each assignment. If circumstances arise where target dates are potentially challenged or delated, staff and/or the External Civil Rights will inform the FHWA Civil Rights Manager to work through the delays unto the completion of the assignment.

II. Roles and Responsibilities of FHWA

Ensure Civil Rights performs in accordance with federal laws and regulations while implementing FHWA's Performance Plan and required stewardship and oversight. For our program area, the following tasks are considered the most important and we will work with MoDOT as true partners to ensure success:

• The following responsibilities are detailed priorities and goals with oversight by FHWA that assist in supporting MoDOT's Strategic and Business Plans:
  

  	ACTIVITY	FREQUENCY
  1	Title VI Plan and Accomplishment Reports and next year's goals	Annually by October 15
  2	Contract Compliance Review Reports	As submitted by State upon complection
  3	DBE Uniform Awards & Commitment Report (form DOT 4630)	Semi-Annually, June 1 and December 1
  4	Disadvantaged Business Enterprise (DBE) Program revisions	As needed or as requested by FHWA
  5	State's DBE program goals	Annually by August 1
  6	Supportive services funds requests (OJT/DBE)	Annually by June 2
  7	Annual Contractor Employment Report (Construction Summary of Employment Data (form PR-1392))	Annually by September 15
  8	Report on supportive services On-the-Job Training (OJT) & (DBE)	Quarterly by April 15, July 15, October 15, January 15
  9	OJT goals & accomplishments	Annually by January 30
  10	Americans with Disabilities Act compliants	As requested by HQ, within 90 days of receipt

III. Ground Rules

We agree to concentrate efforts in improving our work by following these ground rules:

• We will respect each by accepting others ideas, recommendations, opinions and feedback.
• We will communicate by phone, electronically and through monthlly meetings.
• We will make decisions by consultation, open dialogue, and exchanging of proposals and suggestions.
• We will strategically keep abreast of upcoming deadlines with friendly reminders.
• We will address all substantive comments made by the other party, in writing, by the date requested or offer some explanation as to why the deadline cannot be met.
• We will present a unified voice to internal and external customers. We will discuss matters together before responding customers.
• We will revisit this partnering agreement at yearly intervals to determine if changes need to be made.
• We will travel and/or engage in mutually beneficial assignments together, where at all possible.

IV. Conflict Resolution

In case of conflict, we will resolve it at the lowest level by the following process. If we cannot reach an agreement within 30 days (depending upon issue) we agree to elevate the issue in the following manner:

• If we cannot reach an agreement within a 30-day timeframe, depending upon issue, we agree to elevate the issue utilizing the following flow chart:

V. Performance Measures

The performance of the External Civil Rights Program will be measured by:

• The timeliness of meeting 95% of the activities listed above in Role and Responsiblities.
• There wil be an annual 5% aspiration goal to certfied new DBE.
• 90% of all certification and recertification will occur within 90 days.
• There will be an assertive outreach in the MBE community to bring the % of MBE closer to the % of WBE within the certification program.

V. Performance Evaluation

We will measure our partnering progress and success by the following performance indicators:

• Resolve conflicts on our level with upper management not being involved more than twice a year.
• Annual review of all mutually agreed upon initiatives.
• Tabulate exchanges of new techniques and/or concepts.
• 95% of all compulsory submissions should achieve the mandated time frames

VI. Communications with Management

We will keep management informed of our activities and how our partnering agreement is working by having a joint meeting with our appropriate management team at a minimum of twice a year, January and July.