HomeMy Public PortalAboutThird Party Consultant -- August 26, 2015 -- Compliance Report (Meeting Canceled)Community Benefits Agreement (CBA)
Reporting Compliance with CBA Terms
Presenter: Carmen R. Guynn, Third Party Monitor
CBA Section III – Disparity Study
CBA TARGET OBJECTIVES MSD ACTIONS
1.Incorporate Disparity Study into CBA.
2.Address 55 Recommendations of Disparity
Study and Report Progress.
1.Disparity study incorporated as a part of
CBA December 4, 2013.
2.Of the 55 recommendations, 52 have been
addressed and are complete. Two of the
remaining Recommendations, Expedited
Subcontractor Payments and Publish Prime
Contractor Payments, will be implemented
with the MWBE Software. The last
remaining Recommendation, Establishing a
Direct Purchase Program, is under
advisement for future consideration.
RECOMMENDATIONS
1.Recommend MSD conduct Disparity Study update within 5 years of the implementation of program changes
(August 1, 2013) as planned to ensure program is in alignment with the current market conditions.
2.Please note as part of Disparity Study recommendations, the Contractor Loan Fund may be utilized by qualified
M/WBEs for mobilization costs. 2
CBA Section IV – MSD BUD Job Training Program
CBA TARGET OBJECTIVES MSD ACTIONS
1.Within 6 months of CBA, MSD will establish a program budget for
it’s training program. Program evaluation to occur before end of
FY2016.
2.Collaboration in seeking additional Job Training funds through
end of FY2016.
3.Administration: MSD to select a Government funded agency or
conduct a RFP selection process for Job Training within 6 months.
MSD to establish program reporting requirements.
4.BUD Training Program Assessment: Program Development,
Implementation, and Reporting.
1.Ordinance 13974, adopted October 9, 2014, established annual
Job Training program budget of $150,000 through the end of
FY2016.
2.Included in scope of 3rd Party Monitor: KWAME agrees to
identify opportunities for additional funding to MSD and CBA
Signatories.
3.MSD RFP 5474 for Job Training Program was issued June, 2014.
SLATE was selected to administer the Job Training Program in
partnership with Building and Construction Trades Council of St.
Louis.
4.MSD established an initial Program Development and
Implementation Plan . The first MSD BUD Training Class was held
4/13/2015 through 6/1/2015. Of 6 MSD sponsored trainees, 3
trainees are employed, 2 trainees are seeking employment, and
1 trainee did not complete the program. The next class is
tentatively scheduled to begin September 14, 2015. MSD
contractor requirements were expanded as of 8/5/15 to use BUD
towards meeting GFE.
RECOMMENDATIONS
1.Recommend BUD Program continues with program re-assessment by end of FY2016 as scheduled.
2.KWAME will research availability of additional funding for Job Training Programs. Recommend CBA Signatories
collaborate with MSD to seek and secure additional Job Training funds from their perspective organizations.
3.Recommend MSD to add website link for SLATE’s Bud Training Program to it’s Diversity Webpage.
4.Recommend MSD and SLATE continue partnership to host quarterly Contractor Information Sessions for the BUD
Program.
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CBA Section V – First Source Hiring Program
CBA TARGET OBJECTIVES MSD ACTIONS
1.Within 6 months of CBA, MSD to establish budget for a FSH Program
with an established Government funded training agency or issue an
RFP. Re-evaluate FSH Program to occur prior to June 30, 2016.
Program requires establishing an eligibility listing, contractor
participation and incorporation into MSD’s CIRP Program as a
contract requirement with a focus on reaching low income
unemployed and underemployed individuals within the MSD service
area.
2.During the life of CBA Agreement, MSD to ensure FSH is a material
term of all CIRP contracts.
3.FSH Program Assessment: Program Development and
Implementation Plan, Outreach, Reporting/Tracking applicants,
targeting outreach to reach low income unemployed and
underemployed
1.Ordinance 13730, adopted October 10, 2013, established program
budget of $150,000 within 6 months. MSD selected SLATE, a
Government funded agency to meet requirements of FSH Program.
Prior to June 30, 2016, reevaluation of the program will take place.
FSH contract requires that in the development of this system, the
SLATE will perform outreach, build relationships to develop a
network of community-based organizations that can access a large
and diverse pool of job applicants, and utilize their available
systems to track applicants and provide workforce data.
2.MSD updated Diversity Program requirements in October, 2014.
MSD increased the Diversity staff to better monitor contractor
performance and address compliance issues.
3.FSH Program established an initial eligibility listings. MSD
incorporated FSH Program as part of Diversity Program
requirements for contractors beginning October, 2014. Contractor
requirements were expanded August 5, 2015 to use FSH towards
Good Faith Effort consideration.
RECOMMENDATIONS
1.Recommend MSD add a website link for SLATE’s First Source Hiring Program to MSD’s Diversity Webpage.
2.Recommend MSD direct SLATE to enhance their reporting and tracking system to more accurately report FSH referral's
status in a timely manner, i.e., SLATE updating the eligibility list at least monthly.
3.Recommend MSD and SLATE continue partnership to host quarterly Contractor Information Sessions for the FSH
Program.
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First Source Hiring – 4th Quarter
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CBA Section VI – Minority Business Enterprise and Women Business
Enterprise
CBA TARGET OBJECTIVES MSD ACTIONS
1.MSD to initiate Diversity program changes to align with Disparity
Study.
2.MBE/WBE Utilization: Conduct outreach to MWBEs, include
MWBEs and relevant business organizations in pre-bid
conferences, unbundling, funding and capacity building activities,
all of which promote non-discrimination of M/WBEs.
3.Low Interest Loan Program
1.MSD adopted Disparity Study goal recommendations into its
Diversity Program that went into effect August 1, 2013. MSD
immediately began consideration and actions to address the 55
recommendations as a result of the study.
2.MSD has a targeted outreach plan which promotes utilization of
MWBEs. Primes are required to focus on MWBE participation of
M/WBE's by meeting Diversity goal requirements in pre-award,
during contract performance and upon contract completion and
are evaluated during each of these contract phases to ensure
compliance. Diversity program requirements are a component of
all pre-bids held. MSD Small Contractor Program focuses on
M/WBE utilization by providing more bidding opportunities and
relaxed bonding requirements on projects under $25,000. MSD
monitors and evaluates M/WBE participation in initial bidding
and final contract stages of CIRP Program projects. Evaluation
requirements were expanded as of 8/5/15 to include workforce
in final evaluations and annual contractor renewal evaluation
processes.
3.MSD invested $250,000 in the Contractor Loan Fund Program for
MWBE's. The program launched May 27, 2015.
RECOMMENDATIONS
1.Recommend MSD to re-invest any profits from the program back into the Contract Loan Fund Program if program
proves to be beneficial to increasing the capacity and participation of M/WBEs.
2.Recommend MSD to expand on outreach which promotes doing business with M/WBEs in both the professional
services and construction industries. 6
CBA Section VII – Education and Internship Programs
CBA TARGET OBJECTIVES MSD ACTIONS
1.Develop education and internship program in
conjunction with public schools within MSD service
area as well as introduce the work of MSD through
tours and internships.
2.Continue community education efforts designed to
inform public about various activities such as those
with SLPS. Education will include prospective career
opportunities arising out of various programs.
1.MSD participated in two educational/internship
opportunities which facilitated participation from St.
Louis Public School students and community members
within MSD service area: St. Louis Internship Program
($7,200 to sponsor 3 low income minority high school
students) and SIUE ERTC MSD funded Scholarship
($14,000 in Scholarships awarded to four low income
minority males).
2.MSD agrees to further pursue opportunities for
collaboration within SLPS utilizing its current DEC
programs, such as EnviroScape.
RECOMMENDATIONS
1.Recommend MSD to re-introduce facility tours as an educational component to educate and increase awareness of
MSD within public schools of the MSD service area.
2.Recommend MSD to expand DEC’s outreach of educational programs such as EnviroScape to all public schools within
the MSD service area. 7
CBA Section VIII – Labor Utilization
CBA TARGET OBJECTIVES MSD ACTIONS
1.MSD to comply with MO Prevailing Wage
Law (MPWL) and the MSD Charter Plan.
MSD shall apply to all contracts the St.
Louis Living Wage Ordinance to cover
occupations not covered by MPWL.
1.Resolution 3116 approved on November
14, 2013, adopting St. Louis Living Wage
Ordinance as a contract requirement on
MSD projects.
RECOMMENDATIONS
No recommendations at this time
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CBA Section IX – Compliance Monitoring
CBA TARGET OBJECTIVES MSD ACTIONS
1.Establishing Monitoring Oversight Committee.
2.Monitoring by In-House Staff and/or
Independent 3rd Party. RFP Selection process to
start within 6 months with budget.
3.Selection of 3rd Party Monitor to perform all or
part of monitoring not performed by MSD staff.
3rd Party Monitor contract will extend through
end of FY2016.
1.Monitoring Oversight Committee established on
January 29, 2014, consisting of 3 Signatories and
3 MSD Staff.
2.MSD consulted with CBA signatories to develop a
scope of services for the RFP 5473 selection
process. KWAME Building group was selected as
3rd Party Monitoring Consultant.
3.In RFP Selection, KWAME was selected to
perform 3rd Party Monitoring activities to include
CBA compliance reporting, investigations,
Diversity SOP development, MWBE compliance
software development, etc.
RECOMMENDATIONS
No recommendations at this time
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Community Benefits Agreement Compliance Scorecard
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Community Benefits Agreement Compliance Scorecard
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Community Benefits Agreement Compliance Scorecard
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Community Benefits Agreement Compliance Scorecard
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Community Benefits Agreement Compliance Scorecard
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Community Benefits Agreement Compliance Scorecard
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Carmen R. Guynn MBA, EBC
M/WBE / Workforce Manager
Kwame Building Group
(314) 862-5344
cguynn@kwamebuildinggroup.com