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Metropolitan
St. Louis
Sewer District
COMMUNITY BENEFITS AGREEMENT (CBA)
DRAFT MEETING MINUTES
Friday, March 30, 2018, 1:00 p.m. - 3:00 p.m.
2350 MARKET STREET, ST LOUIS MO
1ST FLOOR
CONFERENCE ROOM #109
1. Roll Call — In attendance were (Quorum): (Attendance sheet is attached)
MSD — Brian Hoelscher
NAACP City Branch — Adolphus Pruitt
NSBE — Jan Walker
MOKAN — Yaphett El -Amin (Telephone)
CBTU — Lew Moye
MCU — Susan Sneed
CORE — Jesse Lofton
2. There were no public comments.
3. Meeting Minutes from July 19, 2017 were unanimously approved.
4. Shonnah presented Diversity Semi -Annual Report dated March 8, 2018 which
covers FY2018 Q1 and Q2.
NAACP: SRF project goals were updated to 10% MBE and 10% WBE? MSD:
Yes, this was changed in FY2018 and applied to all SRF projects.
NAACP: Are the goals applicable to Immediate Need projects? MSD: No, goals
are not applicable to Immediate Needs/Emergency projects but we track
voluntary participation on these projects. NAACP: Would like to know if there is
any participation on these contracts? Diversity will provide the information in a
future meeting. MSD did implement a new process for Emergency/Immediate
Need Contracts in FY2018 which requires Primes must supply a list of the
MWBE Subs they propose to reach out to for subcontracting opportunities on
these projects.
NAACP: When looking at the 23.85% MBE participation on active contracts, does
that number only include African American MBEs? How do you tell when you hit
the goals based on the different program goals? MSD: Information provided on
this report represents the overall combined MBE participation across the entire
Diversity Program. We do breakdown participation by ethnicity of the MBEs. We
also post the payments to primes on Diversity's website on a monthly basis. The
information provided on the Semi -Annual report is very high-level.
CBTU: How is the participation in the breakdown by contract type? By contract
type MSD's Diversity Program is doing very well with meeting the goals. There
are very few instances of vendor goals not being met by the end of each project.
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St. Louis
Sewer District
MSO
NAACP: Are payments reported under the new system. MSD: Yes, payments
to MWBE's are reported into the MSD Diversity Reporting System. We have
enhanced the system to gather more detailed payment information.
MOKAN: Can the increase in diverse apprentices be due to the OJT Tunneling
Program and Contractor Incentive Program. MSD: The hours worked by
apprentices working under the OJT Tunnel Program cannot be counted for
workforce until they have completed the training program.
NAACP: When the goals went away for Professional Services, the MWBE
community was upset because they thought they were not going to be utilized. It
appears that MSD and the Prime Consulting community is continuing to work to
utilize diverse consultants. MSD Brian's Response — MSD has continued to push
to keep the vendor community in design diverse and the Primes have created
and maintained good relationships with M/WBE firms.
NAACP: How is the design side monitored? MSD Shonnah — we conduct
evaluations for each project to ensure the firms are certified and we monitor the
payments. MSD Brian: On Design, we monitor to ensure that the team listed in
the initial response to an RFP is utilized regardless of M/WBE status or not. The
Design teams are charged with using all subs listed on the project.
NAACP: Do the design workforce numbers include everyone working for the
design firms? MSD: Yes, the hours represent the Prime's local office within the
District Service area. On the Engineering side, you have to have a local office to
participate on our program.
MOKAN: Directed to Brian, MOKAN was contacted by a few firms that were
trying to do MSD work, but are concerned about the 5 million dollar insurance
requirement. It is challenging for a lot of the companies to afford to do work
requiring that amount of insurance. MSD Brian: There was a risk evaluation
done for all of our insurance requirements. He doesn't believe that the insurance
requirements are the same throughout all programs. Brian will send what the
requirements are to the group so that we can have a discussion about that at the
next meeting.
MOKAN: C you clarify if we know how long the contract MSD currently holds with
SLATE will last for the FSH? MSD Brian: This is going to be covered under the
next section. However the BUD contract has expired and will be further
discussed under Item 5 on the Agenda.
CBTU: Out of the 19 that graduates in the FY2018 Q1 and Q2, 4 are employed
with MSD Primes? MSD Shonnah: Yes, this report only includes those that
graduated in that time period. CBTU: Why is that number so low for those who
are employed with MSD contractors? MSD Shonnah: The actual number of
Metropolitan
St. Louis
Sewer District
those working or are apprentices is 12 and out of those 12, 4 of them are
employed with MSD contractors. CBTU: I thought the idea was to train
individuals to do business with MSD contractors. MSD Brian: The goal is to get
them trained in those occupational titles, not necessarily just to do work with
MSD. We currently have 29% minority participation on our program, so many of
our Primes are meeting the goals and may not necessarily need to hire additional
people at this time. Making sure they get into the workforce is what is important
regardless of whether it is with MSD or not. MSD Shonnah: We also do outreach
for each BUD Graduation where Primes who are not meeting the goals attend for
an opportunity to pick up those BUD Graduates.
MOKAN: What is SLIP? MSD Shonnah: SLIP is a professional development
program for underprivileged high school student is St. Louis City and County
schools that give the youth an opportunity for professional development through
12 week training at UMSL. After completion, they serve an 8-week paid
internship with employers such as MSD. MOKAN: Is there an opportunity for
this program to work with NSBE program getting them into Engineering and other
programs? Are there opportunities for MSD to work more closely this program?
MSD Brian: This is included in the next section of the agenda.
NAACP: Candidate 1 under Maline Creek Tunneling OJT program was
terminated after completing the program. Why? MSD Shonnah: We do not have
a reason for the termination, but candidates may also terminate themselves.
NAACP: Terminated from the OJT Program or from SAK? MSD Shonnah: The
candidate completed the program, but did not continue their employment after
that time. Candidates 4 & 5 completed the program and are working on the
project as apprentices.
NAACP: On Upper Maline — two candidates have self -terminated, which means
the one from Maline Creek was terminated by SAK. Do we do exit interviews for
those to leave the program to see why? Can they have the opportunity to see
why they decided to leave the program? MSD Shonnah: We can ask that. She
will look into the checklist for the tracking of this program to see if that is
included.
MOKAN: Can MSD require that the Prime provide exit interview information in
the event that a training candidate is terminated or self -terminates their
employment? MSD Shonnah: The only instance where we wouldn't be able to
get that information is if someone just walks away, but yes, we can look into
getting that. NAACP: The prime recruits the training candidates, right? MSD
Shonnah: Yes. CBTU: What happens to the trainees once the job is complete?
MSD Brian: MSD does not require full long-term employment, but does want that
employee to continue working if possible.
NAACP: It is known that African American apprentices face barriers with
reaching journeyman status because they can never get enough OJT hours to
Metropolitan
St. Louis
Sewer District
advance their status. How can MSD help ensure that these apprentices are
given enough work to reach journeyman status? MSD Brian: There are a lot of
reasons that happens. We also hear that when they reach journeyman status,
there is Tess opportunities because so many primes are trying to bring on
apprentices for these training opportunities where there are incentives for hiring
apprentices.
NAACP: Do the incentive programs for the Tunneling OJT increase the project
cost for the Prime? MSD Brian: If we didn't have the program, they would not be
doing the training. NAACP: What is the cost of this training program? Would it be
a significant project cost? MSD Brian: We can gather that information.
5. General Discussion on Possible Alternatives to current Job Training and First
Source Hiring Programs
Brian: Brian introduced ideas to increase outreach of MSD in the community
outside of the FSH Program. While the BUD Contract has ended, we would like
to put those funds into other programs to continue to better serve the community.
NAACP: We always want to look for more opportunities that may be available.
MOKAN: We can probably do better. It might be worth looking into other
opportunities. NAACP: There have been discussions regarding an added
workforce initiative opportunity with the Contractor Loan Fund. If they are able to
get enough sponsors (BJC, MSD, etc.) there may be a good opportunity there.
MSD Brian: We have had inquiries from schools where it would help track
workers who are a part of the program to know where those opportunities are. If
we could team with other organizations/agencies, it would be greatly beneficial.
NAACP: By supporting a program with other business partners would allow for
more money in the pot to run the program. NSBE: We have a mentoring
program. Brian: We always want to address STEM opportunities. Brian: MSD
will put together an MSD sponsored program and will also look at additional
opportunities for further consideration.
6. Status of Consent Decree Negotiations with EPA and DOJ
Brian provided an update on the Consent Decree. We are hoping to be able to
extend the time to lower the cost for MSD rate payers. NAACP: Has the cost of
living gone up? MSD Brian: The cost has gone up a bit. When we do a rate
proposal, we take into account any inflation and the cost of the capital program.
Our program is on schedule and under Budget by 7 or 8 percent. NAACP: Will
we also do a sort of workforce needs projection? Brian: We will take a look at
that.
Metropolitan
St. Louis
Sewer District
7. General Discussion of Frequency of Future Meetings
MSD Brian: What should be the schedule for regular CBA Meetings? MSD
would recommend the regular CBA meet once a year with the Oversight
Committee meeting bi-annually. How often does this group need to get
together? CORE: Recommends that we meet twice a year. NSBE: What is the
Oversight Committee meeting? MSD Brian: This committee meets every 3
months to do additional detailed oversight of the program. CBTU, NAACP, and
MOKAN are currently representing the Oversight Committee. NAACP: Are the
oversight committee meetings open? MSD: Yes. MSD Brian: Twice a year
looks like a schedule that would work for the regular CBA meetings. But do we
need to meet every 3 months for the oversight committee?
NAACP: Requested MSD to send the links to the reporting pages on our
website.
8. Outstanding Cures Issues
NAACP: For the next meeting, let's walk through the action items still on the
proposed cures to defaults.
NAACP — FSH and BUD ( has expired).
NSBE — for the unbundling, MSD requested that the CBA review the language
and provide recommendations. NAACP — requested MSD to resend the
information regarding the Unbundling. MSD Brian — MSD will provide the last
information and documents sent.
Local Direct Purchase Program: MSD spoke with Dr. Ramsey with Disparity
Study, it was found that a local purchase program would not address an
identifiable goal. Without a legal reason through the Diversity Program, there is
no legal grounds to give "points" to local companies. OCIP MSD Brian — there
is no advantage to MSD. MOKAN — the issue exists when smaller companies
are faced with a barrier due to the MSD insurance requirements. Are there
opportunities to assist these small businesses. Brian will add this to the agenda
(insurance) for the next meeting.
Advertising for the Small Sewers: MSD just placed an advertisement for the
UAPO. NAACP — is there a need to further expand advertising for the small
sewer project? MSD Brian — the participation on the Small Sewer Program is
good. CBA Group — they are ok with this item — last blue item on Page 6.
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St. Louis
Sewer District
Page 7 of 13: NAACP — the flowchart is confusing. We need to review the
flowchart again. MSD will bring flow chart to the next meeting for further
discussion.
Page 8 of 13: 2nd Blue Item on this page is ok and can be changed to resolved
per the CBA Group. 3rd Blue Item on this page is ok and can be change to
resolved per the CBA Group.
Page 9 of 13: 1st Blue Item — Collect and report weekly workforce reports. MSD
currently requires monthly workforce reporting. Per the CBA — this item can be
marked as resolved. 2nd Blue Item — We do not have penalties for not meeting
workforce goals. It falls under breach of contract. The CBA wants to leave this
item on the tracker to be discussed at the next meeting. Yellow Item on this
page — this will be left on and discussed at the next meeting.
Page 10 of 13: 1st Blue Item — If it is an SRF contract, the CBA wants us to only
accept State of Missouri certifications. Per the CBA, this item can be marked as
resolved. 2nd Item — MSD will continue to use the State requirements. The CBA
wants to keep this item on the tracker as unresolved. Brian will send additional
information on this.
Page 13 of 13: 1st Blue Item — Per CBA, this can be marked as resolved. 2nd
Blue Item — Keep this on the tracker.
9. Meeting adjournment was approximately 3:20 p.m.
Metropolitan
St. Louis
Sewer District
COMMUNITY BENEFITS AGREEMENT (CBA)
REGULAR MEETING
Sign In
March 30, 2018, 1:00 — 3:00 p.m.
2350 MARKET STREET, ST LOUIS, MO 63103
CONFERENCE ROOM #109
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