Loading...
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. 3 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. 4 First Source Hiring – 4th Quarter 5 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 8 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 9 Community Benefits Agreement Compliance Scorecard 10 Community Benefits Agreement Compliance Scorecard 11 Community Benefits Agreement Compliance Scorecard 12 Community Benefits Agreement Compliance Scorecard 13 Community Benefits Agreement Compliance Scorecard 14 Community Benefits Agreement Compliance Scorecard 15 Carmen R. Guynn MBA, EBC M/WBE / Workforce Manager Kwame Building Group (314) 862-5344 cguynn@kwamebuildinggroup.com