DBE POLICY STATEMENT (§§26.1, 26.23)

The San Joaquin Regional Rail Commission (SJRRC) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (U.S. DOT), 49 CFR Part 26. SJRRC has received Federal financial assistance from the U.S. DOT, and as a condition of receiving this assistance, SJRRC has signed an assurance that it will comply with 49 CFR Part 26.

It is the policy of SJRRC to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy –

1. To ensure non-discrimination in the award and administration of DOT assisted contracts; and
2. To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; and
3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; and
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; and
5. To help remove barriers to the participation of DBEs in DOT assisted contracts

SJRRC’s DBE Program

This site has been developed with the objective providing assistance and outreach to DBE’s that want to work on SJRRC contracts. As a recipient of Federal financial assistance form the U.S. DOT As a condition of receiving such assistance has developed a DBE Program in accordance with federal regulations published under U.S. DOT 49 CFR Part 26.

In accordance with these regulations SJRRC’s policy is to ensure that minority-owned, women-owned, and other disadvantaged small businesses can fairly compete for and perform on contracts and subcontracts financed in whole, or in part with U.S. DOT funds.

To view SJRRC’s DBE Program, click on the link below:

• Click here to learn about SJRRC’s Disadvantage Business Enterprise Program 
• Follow this link to access information on DBE - Certified Firms

SJRRC’s DBE Goal for Federal Fiscal Years 2023 - 2025

SJRRC has developed a proposed overall (triennial) DBE goal for the three federal fiscal years beginning October 1, 2022 and ending September 30, 2025. The goal has been calculated using a U.S. DOT-approved goal-setting methodology, as described in 49 CFR 26.45.  Click to view the goal calculation and methodology: 2023-2025 DBE Goal and Methodology

As part of the public participation process, SJRRC has distributed its goal and methodology to local/ethnic chambers of commerce and other business/community-based organizations dedicated to assisting and growing small and disadvantaged businesses. The DBE goal has been advertised via Public Notice in general circulation publications and can be viewed at: PUBLIC NOTICE - 2023-2025 Methodology 

SJRRC will work to meet its overall DBE goal and increase DBE participation on SJRRC’s U.S. DOT-assisted contracts, by utilizing race-neutral DBE Program elements.

California Unified Certification Program

SJRRC participates in the California Unified Certification Program (CUCP) as a non-certifying agency. To receive DBE credit on an SJRRC contract, firms must obtain their DBE certification from a CUCP certifying member agency and be certified in the North American Industry Classification System (NAICS) code applicable to the contract scope of work. To obtain information regarding the CUCP or to download the CUCP application, please see below.

• Disadvantage Business Enterprises (DBE).
• Download California Unified Certification Program (CUCP) application. 

Resources and Supportive Servies for Small and Disadvantaged Businesses

SJRRC is committed to the growth of Small and Disadvantaged Businesses within SJRRC’s market area and regularly communicates with its subcontracting community to identify possible barriers to the growth and success of Small and Disadvantaged Businesses.

To develop and improve immediate and long-term business management, record keeping, and financial and accounting capability, SJRRC encourages DBEs and other small businesses to visit the Small Business Administration’s resources webpage, specifically tailored to be responsive to small business needs: https://www.sba.gov/federal-contracting/resources-small-businesses

The Office of Small and Disadvantaged Business Utilization (OSDBU) established the Small Business Transportation Resource Centers (SBTRCs) through a network of grantees across the country. The SBTRCs work closely with the transportation contracting community and other technical assistance providers to serve small disadvantaged transportation businesses. To access more information, please visit: https://www.transportation.gov/osdbu/SBTRCs

SJRRC recognizes that a firm’s ability to obtain performance and payment bonds can pose a significant barrier to their ability to win public sector contracts and for those firms that are able to obtain bonds, being able to bond adequately may also often pose a barrier to working on public contracts. Follow this link to access information on Bonding Assistance Resources. 

​It is the policy of SJRRC to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT assisted contracts to make use of these institutions. Information on the availability of such institutions can be obtained from the following website at https://www.federalreserve.gov/releases/mob/.

For additional information on SJRRC's nondiscrimination obligations, please contact:

San Joaquin Regional Rail Commission
949 E. Channel St.
Stockton, CA 95202
Phone: 1-800-411-RAIL (7245)
Email: dbe@acerail.com

REASONABLE MODIFICATION & ADA VIOLATION COMPLAINT PROCESS

The San Joaquin Regional Rail Commission (SJRRC), owner/operator of the Altamont Corridor Express (ACE) service is committed to ensuring that the agency complies with the Americans with Disabilities Act (ADA), including 49 CFR Parts 27, 37, 38, and 39. Transportation entities are required to make reasonable modifications/accommodations to policies, practices, and procedures to avoid discrimination and ensure that their programs are accessible to individuals with disabilities.

To make a request by phone, email, fax, or mail, please contact:

San Joaquin Regional Rail Commission
ACE Customer Service Department
949 E. Channel Street
Stockton, CA 95202
Phone: (800) 411-RAIL (7245) Fax: (209) 944-6295
customerservice@acerail.com

To ensure that the process is accessible to everyone, SJRRC will provide assistance upon request. Requests may be denied or alternative modifications, accommodations or options may be provided.  Requests may be denied on one or more of the following grounds:

1. Granting the request would fundamentally alter the nature of the entity’s services, programs, or activities;
2. Granting the request would create a direct threat to the health or safety of others;
3. Without the requested modification, the individual with a disability is able to fully use the entity’s services, programs, or activities for their intended purpose.

Reasonable Modification Request and ADA Violation Complaint Procedure

Any person who wishes to file a complaint regarding a request for Reasonable Modification or alleging any prohibited action by SJRRC in regards to the Americans with Disabilities Act (ADA) regulations found at  49 CFR Parts 27, 37, 38, and 39 may file a written complaint with SJRRC about the ACE passenger rail service.

How to file a complaint:

1. Complaints may be mailed, faxed, or emailed to:

         San Joaquin Regional Rail Commission
         ACE Customer Service Department
         949 E. Channel Street
         Stockton, CA 95202
         Phone: (800) 411-RAIL (7245) Fax: (209) 944-6295
         civilrights@acerail.com

2. To file a complaint, the attached complaint Form should be completed and submitted.
3. All complaints must be submitted in writing. If the complainant is unable to write because of a disability and needs assistance in completing the form, SJRRC staff will assist by scribing the complaint by phone. Please call ACE Customer Services at (800) 411-RAIL (7245) or in person at the offices of SJRRC to request assistance.
4. SJRRC will contact the complainant in writing no later than ten (10) calendar days after receipt of complaint acknowledging receipt of the complaint if additional information is needed on the complaint submitted.
5. If the complainant fails to provide any requested information on a timely basis, SJRRC may administratively close the complaint.
6. SJRRC will begin an investigation within fifteen (15) calendar days of receipt of a written complaint.
7. SJRRC will complete the investigation within ninety (90) days of receipt of the complaint. If additional time for investigation is needed, the complainant will be notified.
8. A written response will be prepared by SJRRC which will include a summary of the findings and recommended action. The complainant will have fifteen (15) calendar days from the date of the response to appeal. If no appeal is received, the complaint will be closed.

Complaint Appeals Process

A complainant who is not satisfied with SJRRC’s response to a complaint regarding a request for reasonable modification or alleging that any of SJRRC’s actions are prohibited by the Americans with Disabilities Act (ADA) regulations found at 49 CFR Parts 27, 37, 38 and 39 has the right to appeal.

To file an appeal:

1. Submit your appeal by email, fax, or mail to:

Brian Schmidt
Director of Equipment Services
San Joaquin Regional Rail Commission
949 E. Channel Street
Stockton, CA 95202
Phone: (209) 944-6241 Fax: (209) 944-6225
brian@acerail.com

2. The Director of Equipment Services, will contact the complainant in writing no later than fifteen (15) calendar days after receipt of the appeal acknowledging receipt of the complaint, for additional information, and/or if more information is needed on the complaint submitted.
3. If an appeal is submitted, SJRRC’s Director of Equipment Services will review the appeal and will conduct an investigation. The complainant may be invited to the offices of SJRRC to discuss the appeal.
4. If the complainant fails to provide any requested information on a timely basis, SJRRC may administratively close the appeal.
5. The Director of Equipment Services will complete the investigation within thirty (30) days of receipt of the complaint. If additional time for investigation is needed, the complainant will be notified.
6. A written response will be prepared by SJRRC which will include a summary of the appeal and recommended action. The complainant will have fifteen (15) calendar days from the date of the response to re-appeal. If no re-appeal is received, the complaint will be closed.
7. If the complainant is still not satisfied with the Director of Equipment Services’ response, the complainant may re-appeal the decision by responding to the Director of Equipment Services’ decision.
8. The re-appeal will be forwarded and reviewed by the Executive Director.
9. The Executive Director will have thirty (30) calendar days to review the appeals, corrective actions, and provide a final recommended action.

OUR COMMITMENT TO NON-DISCRIMINATION

The San Joaquin Regional Rail Commission (SJRRC) is committed to a policy of non-discrimination in the conduct of its business, including its Title VI responsibilities, and to the delivery of equitable and accessible transportation services. Any person who believes that he or she has been subjected to discrimination under Title VI on the basis of race, color or national origin may file a Title VI complaint with SJRRC within 180 days from the date of the alleged discrimination.

Public Comment Period and Comment Submission:

The Rail Commission's Proposed Title VI Compliance Program is available for inspection and public review beginning August 1, 2022, through August 30, 2022, and can be found in the link below.

SJRRC's proposed Title VI Program

Requests for copies of the draft update may be made to Tamika Smith at (209) 944-6268 or civilrights@acerail.com 

FILING A COMPLAINT WITH SJRRC

Download a copy of the Title VI Complaint Form in English or Título VI Formulario de Queja en español. A copy of the Title VI Complaint Form may also be obtained by calling 1-800-411-RAIL (7245). You may submit the form in person, by mail, or by email. SJRRC will provide appropriate assistance to complainants who are limited in their ability to communicate in English.

By Mail
San Joaquin Regional Rail Commission
Office of Compliance
949 E. Channel St
Stockton, CA 95202

By Email:
civilrights@acerail.com

WHAT HAPPENS TO MY TITLE VI COMPLAINT TO SJRRC?

Once a complaint is received, it will be assigned to an investigator. In instances where additional information is needed, the investigator will contact the complainant by phone or in writing. Failure of the complainant to provide the requested information by a certain date may result in the administrative closure of the complaint or a delay in complaint resolution.

Based upon receipt of all the information required, SJRRC will investigate a Title VI complaint within 90 days of receipt. SJRRC will use its best efforts to respond to a Title VI complaint within 90 calendar days of its receipt of such complaint. Receipt of additional relevant information and/or simultaneous filing of a complaint with SJRRC and an external entity may expand the timing of the complaint resolution.

TITLE VI POLICY STATEMENT

The San Joaquin Regional Rail Commission is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended.

Toward this end, it is SJRRC's objective to:

• Ensure that the level and quality of transportation service is provided without regard to race, color or national origin;
• Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations;
• Promote the full and fair participation of all affected populations in transportation decision-making;
• Prevent the denial, reduction or delay in benefits related to programs and activities that benefit minority populations or low-income populations; and
• Ensure meaningful access to programs and activities by persons with limited English proficiency (LEP).

The Executive Director, Directors, management, and all employees share the responsibility for carrying out SJRRC's commitment to Title VI. The Title VI staff is responsible for the day-to-day operation of the program and receives and investigates Title VI complaints that come through the complaint procedures process.