HomeMy WebLinkAboutMinutes 2004DRAFT The General Meeting Minutes DRAFT
Small Business Development Advisory Committee
For Minority. 'Women and Evanston Business Enterprise
February 11.2004
Members Present: Dick Peach. Chairman. Natalie Birk, Brian Hams, Kyra Walsh
Members Absent: Horace Payne
Staff Present: Uoyd W. Shepard
SUMMARY OF EVENTS
I. Call to Order
Mr. Dick Peach, Chairman, called the meeting to order at 7:00 p.m.
II. Approval of April 9, 2003 Minutes
Approval of the April 9.2003 minutes was tabled for the March 10, 2004
meeting.
III. Staff Report
M/W,EBE Participation Report
Sewer Relief Projects:
Mr. Shepard reported that the A&PW Committee has requested that a report be
presented on the Job Training and Employment Program components of the
Sewer Relief Projects, Phases 9A and 10A. The report will be comprised of
information prepared by both the Engineering Department/Water Department and
the Purchasing Department. Mr. Shepard added that the minority and women
business participation for sewer relief projects was included in the summary for
all FY 2003 projects above S 15,000. The MIW participation requirement was met
for each contract. Sewer Relief Project, Phase 9A, has a total cost of 55,480,432
with 100% minority participation of 55.480,432 due to the general contractors
certified minority status. Sewer Relief Project, Phase tOA, with a total cost of
59,960.000 met the 15% minority and women participation requirement with
subcontracts amounting to 51.500,000.
Mr. Shepard reported that he was unable to give a summary of M/W/EBE
purchases under S 15,000 because the system generates all payments whether or
not they are payments to M;"%%'-EBEs. J.D. Edwards personnel will be notifted of
the problem so that a corrective action can be taken.
Draft Not -approved
1I/«'/EBE Advisory Committee Minutes
Februar.• 11. 2004
Page 2 of 3
Church Street Plaza:
Mr. Peach inquired regarding the status of the Church Street Plaza Audit Report.
Mr. Shepard indicated that except for Optima Views, the audit is completed.
Optima Views has reported an unaudited 12% MAV EBE participation which falls
13% short of the required MAN%EBE participation amount of25%.
Mr. Peach indicated that the audit report should be reviewed by the M/W/EBE
Advisory Committee and in turn presented to the A&PW Committee. Mr. Peach
added that the City Council will ultimately determine whether or not there will be
a fine levied against Arthur Hill & Company and the amount of such fine. Mr.
Shepard indicated that the overall project finished with a 16.18% M/W/EBE
participation.
Sherman Plaza:
Mr. Shepard reported that the Economic Development Committee will meet
March 3, 2004 and the developer will give an updated status report on the project.
Main Street Marketplace:
Mr. Shepard indicated that it was necessary to return Osman Construction
Company's entire M/W/EBE compliance package due to all subcontractors'
"Letter of Intent to Perform" not being properly signed and notarized by both the
general contractor, Osman, and the subcontractor. As submitted, the documents
were not executed.
Mr. Shepard added that for Main Street Marketplace and all future projects, there
would be an attempt to monitor all subcontractors at the job site to determine the
extent of their participation.
Motor Fuel Tax (MFT) Funded Projects:
Mr. Shepard reported that MFT funded projects had historically not had
M/W/EBE participation. There was a misunderstanding within the City's
Engineering Department that M;W, EBE participation was precluded from IDOT's
MFT funded projects. However, through corresponding with IDOT it was
determined that M/W/EBE participation is permissible.
IDOT required that the City submit its Specification for MAV.EBE participation
for their review and approval. IDOT indicated the review could take up to 60
days. The City specification was sent to IDOT January 14, 2004. Mr. Shepard
indicated that Iast years MFT funded project amounted to S849,789 with zero
M/W/EBE participation. The potential M/W/EBE participation loss for this
project was S212,447.
Draft Not -Approved
.%I/«'IEBE Advisory Committee Minutes
February 11. 2004
Page 3 of 3
Mr. Shepard reported that planning for the 2004 Diversified Business Networking
Conference is underway. So far there are commitments to host tables from 15
buying organizations. Of the 15 committed companies, 5 will participate in the
financine seminar that will run concurrently with the conference. The seminar
will run from 1 1:00 a.m. to 1.00 p.m. Financing seminar participants are Merrill
Lynch. First Bank & Trust of Evanston. Harris Bank. Small Business
Development Center of Evanston and Fern Grubisich. North Point Marketing.
Work Task Force Committee:
Mr. Shepard conveyed that the Work Task Force Committee continues its work
through a subcommittee to develop a proposal on how inexperienced job seekers
can be trained for jobs in both the construction industry and for other vocations.
The objective is to provide program participants enough training to be capable of
seeking steady employment in a trade beyond entry level. Also, the committee
would like to combine an effort between ETHS, Oak -ton Community College and
employers to have program participants certified with trade unions after receiving
vocational training.
Mr. Peach related that ETHS has reduced the emphasis on vocational education
and training and that such training needs to be reinstituted. Mr. Peach added that
anywhere from 11 % to 171,10 of the graduating class each year does not go on to
college. These graduates leave ETHS without any marketable skills. Therefore,
vocational training has to become a priority. Also, of grave concern is the fact that
only 20% of the students entering a four year college graduate in four years.
Eighty percent are sliding back into the work force.
IV. Adjournment
The meeting was adjourned at 7:55 p.m.
DRAFT The General Meeting Minutes DRAFT
Small Business Development Advisory Committee
For Minority. NVomea and Evanston Business Enterprise
March 10, 2004
Members Present: Dick Peach. Chairman, Horace Page, Kyra Walsh
Members Absent: Natalie Birk. Brian Harris, Bennie Jones
Staff Present: Lloyd W. Shepard
SUINIMARY OF EVENTS
I. Call to Order
Mr. Dick Peach. Chairman, called the meeting to order at 7:00 p.m.
I1. Approval of the April 9, 2003 Minutes
Approval of the April 9, 2003 minutes was not voted due to lack of a quorum.
III. Staff Report
Church Street Audit Renort
Mr. Shepard conveyed to the committee that the Church Street Plaza
Redevelopment Project's Audit report is completed. The Audit Report's lengthy
preparation term was due to having to wait for Optima Towers Condominium to
be completed.
After reviewing the report, the Committee decided that W.R. Grace should not be
given credit as a supplier because its sales representative does not serve a
"commercially useful function" by representing W. R. Grace out of an office in
his home. Such a relationship is considered a pass through predicated on the
definition of an Evanston business. There was an extensive discussion regarding
this relationship prior to the decision not to approve EBE credit for W.R. Grace.
The next issue discussed was J.E. Concrete Pumping that was given credit for
being an MBE but never submitted a certification letter verifying legitimate VIBE
ownership. Predicated on this particular omission and many similar omissions
throughout the report, Mr. Peach indicated that it was unnecessary to discuss such
omissions given the duration of time. Mr. Peach further stated that "if the
certifications have not been submitted by now after the vigorous effort to achieve
compliance, there is no need for additional effort or discussion."
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MJ«'/EBE Advisory Committee Minutes
March 10. 2004
Page 2 of 2
Church Street Plaza Audit Cont.
A question was raised regarding the differential dollar amount accredited to Builders
Ready Mix by R.G. Moore & Company, the consultant hired by AH $ Company. Mr.
Shepard gave Builders manufacturing credit at 100% because they do manufacture ready
mix concrete and also transport their product.
Mr. Shepard indicated that Optima Inc. did not attempt to exceed 1206 M XWEBE
participation over the duration of the project. Optima demonstrated a minimum effort to
include M1W/EBEs in all trades. Optima subcontracted one large contract in each of
three trades as follows: Builders Ready Mix received 98% of EBE dollars. American
Erectors received 96% of WBE dollars and Vasquez Tile received 68% of MBE dollars.
Discussion ensued regarding the Church Street Plaza Redevelopment project and the
overall lack of compliance effort by general contractors'. Mr. Peach indicated that
AHBC should be required to pay the noncompliance penalty fee required by the
Redevelopment Agreement for not achieving the 25% M/W/EBE participation. The total
project penalty fee for 0% MA EBE participation is S300,000. The penalty fee to be
paid would be based upon the percentage of MA%'!EBE compliance not achieved.
Bovis Lend Lease demonstrated the best effort in subcontracting work over a number of
trades. Mr. Peach indicated that it is time to close out the audit so that the M/W/EBE
Advisory Committee can present the audit results to the Human Services Committee.
Discussion followed regarding M W. EBE compliance for the Sherman Plaza
Redevelopment Project and Main Street Marketplace. Mr. Shepard related that both
redevelopment agreements contained M/W/EBE participation specifications that are
closely aligned with the City's specification for construction projects above S15,000.
Mr. Shepard indicated that the owner of Bond LLC called to convey that he expected
Osman Construction, their general contractor, to comply with the specification for
A «' EBE participation. Osman Construction has submitted an initial compliance report
of 30.65% M/W/EBE participation. Mr. Shepard indicated that M.'W EBE participation
would have to be confirmed at 30.65% through an interim compliance review that entails
job -site visits.
Motor Fuel Tax (MFT) Proiects
Mr. Shepard reported that MFT funded projects now come under M.W EBE compliance
guidelines. Such projects should add S200-S300 thousand dollars per year to overall
M,W EBE participation.
There being no further business, the meeting adjourned at 8:00 p.m.
DRAFT The General Meeting Minutes DRAFT
Small Business Development advisory Committee
For Minority. "'omen and Evanston Business Enterprise
July 14.2004
Members Present: Dick Peach, Chairman. Brian Harris, Bennie Jones, lonel] Nimock.
K',Ta Walsh
Members Absent: Natalie Birk, Horace Payne, Tracey Wallace
Staff Present: Lloyd W. Shepard
SUMMARY OF EVENTS
1. Call to Order
Mr. Dick Peach, Chairman, called the meeting to order at 7:00 p.m.
II. Approval of April 9, 2003 February 11, 2004 and March 10, 2004 minutes.
The above Minutes were approved without revisions.
III. Introduction of New Members/Mission Statement
Mr. Peach introduced Ms. Jonell Nimock one of two new MWEBE Advisory
Committee members. Mr. Tracey Wallace, the other new member, was absent
due to a previously scheduled activity. Ms. Nimock is an accountant employed at
Northeastem University, Chicago, Illinois.
Mr. Peach next reviewed Resolution 7I-R-97, "To Reorganize the Minority
Business Enterprise Advisory Committee of the City of Evanston" which
addresses the authority and responsibility of the MWEBE Advisory Committee.
This Resolution clearly defines the scope of work for the Advisory Committee
and it is essential for new members as well as incumbent members to be cognizant
of the scope of the Resolution.
Each of the Resolutions fifteen objectives were discussed and evaluated as having
been accomplished or as objectives that are open-ended. Church Street Plaza was
used as an example of how to seek compliance with the City's objectives to
include M. W EBE participation in construction projects.
Additionally, Mr. Peach indicated that the promotion of opportunities for goods
and services from targeted vendors is achieved by the Business Development
Coordinator, Lloyd Shepard, and Purchasing Department personnel holding an
Annual Diversified Business Fair and by attending such events held by the City of
Chicago, Northwestern University and other public and private sector agencies
and businesses.
Draft Not -:approved
Advisory Committee Minutes
July 1.1, 2004
Page 2 of 4
III. Mission Statement Cont.
Mr. Shepard conveyed that technical and financial assistance is rendered to
vendors by referrals to organizations and governmental agencies, particularly state
and federal, for technical assistance. Construction Contractors Assistance
Organizations either provide direct technical assistance to contractors or have
consultant's that may be under contract to the Minority Business Development
Agency or the Small Business Administration to render assistance. Financial
assistance is addressed by referrals to the local Small Business Development
Center and by the City's Annual Financing Seminar with panelists from the local
banking community.
Further, Mr. Jones pointed out that contract compliance is difficult to achieve on
projects like Church Street Plaza because the Advisory Committee's and
MIW/EBE staffs perspective regarding MWEBE participation was not
incorporated into the redevelopment contract language on the front end.
Job training and employment have been addressed through each Sewer ReIief
Project that requires a Job Training Program and/or an Employment Program.
Capital Improvement construction projects do not require a training program or an
employment program. Employment is obtained from the general contractor or
subcontractor on an as needed basis and such contractors are not required to hire
just Evanston residents but must provide equal employment opportunity to all
citizens.
Mr. Shepard added that aside from the Sewer Relief Projects, African American
residents of Evanston are having difficulty in finding employment for
construction work in Evanston. There is a preponderance of Latino Americans
filling the requirement for minority workers, The union also is responsible for
assisting in the equal employment opportunity for "minority" workers. The
preponderance of Latino American workers that cause the diminished hiring of
other "minority" workers may be in violation of Executive Order 11246 and the
Office of Federal Contract Compliance Programs, Part 60-4, Construction
Contractors — Affirmative Action Requirements.
Mr. Peach indicated that all fifteen objectives have been addressed and continue
to be evaluated for additional effort when needed. The Advisory Committee as
charged established an Evanston business "Local Preference" policy as well as a
major revision to "determining the basis for confirming the status of a firm as an
Evanston business." Discussion then ended on Resolution 71-R-97.
Draft Not -Approved
MAVIEBE Advisory Committee Nlinutes
July l4, 2004
Page 3 of 4
IV. Staff Report
Citv Council Awards — Contracts >/= S15.000
TOTAL AWARDS YTD
MBE S 1,095,090 (I 1.80%)
WBE 448,776 ( 4.85%)
EBE 90.900 ( 1.00%1
Total U 63-4 ft_6 ( 17.65%1
S 9,246,175 (100%)
Mr. Shepard next reported on M/W/EBE participation in Main Street Market
PIace.
Main Street Market Place Redevelopment Proiect
Total Project Cost
MBE
WBE
EBE
Total
S I ,190,763 (25.75 %)
161,000 ( 3.48%)
62.675 ( 1.36%)
UAL4,43$ &"-Yo
S 4,623,434 (100%)
Mr. Shepard next summarized the resolution of two compliance issues regarding
(1) a Motor Fuel Tax (MFT) funded project and (2) a Capital Improvement
Project. The MFT project was rebid because the low bidder requested a waiver of
the 25% M/W/EBE participation goal without having the required documentation
to verify that a good faith effort was made. The same general contractor was the
successful bidder on rebid and responded with a 40% M/W/EBE participation.
The low bidder for resurfacing Isabella did not complete all required M/W/EBE
compliance documents. The award of the contract was not officially made until
the bidder submitted all required compliance documents. The bidder exceeded
the 25% M/W/EBE participation goal by achieving 28%.
Sherman Plaza Redevelopment
Mr. Shepard reported that the Sherman Plaza Redevelopment Project is underway
with the demolition of the old municipal parking garage. The garage demolition
should be completed in two months, which means the end of September or Mid
October. The Initial Construction phase of Sherman Plaza should begin in
November.
Draft Not -Approved
.N1/%V/EBE Advison• Committee Minutes
July 14, 2004
Page 4 of 4
Sixth Annual Diversified Business Fair & Third Annual Financine Seminar
The Business Fair was held for the first time at a location, the Evanston Hilton
Garden Inn, away from the Civic Center. Twenty-one Buying organizations from
both the public and private sectors hosted tables to provide vendors with
information about business opportunities within their companies. The fair was
well attended by representatives of 142 companies.
The attendance at the Third Annual Financing Seminar dropped off substantially.
The previous two seminars each had attendance of 40 to 50 people. Fifteen
people attended this seminar. Because the seminar ran concurrently with the
Business Fair, it was speculated that the drop off in attendance was due to this.
Future seminars may have to be scheduled independently as before and moved
back into the Civic Center or perhaps into the Library. Parking is always a major
concern.
V. Old Business
Church Street Plaza Audit
Mr. Dick Peach discussed the compliance difficulties experienced by the
M/W/EBE Advisory Committee and Staff with Church Street Plaza. Mr. Peach
emphasized that the fee set forth in the redevelopment agreement should be levied
against the developer based on the percentage of noncompliance with the 25%
M/W/EBE participation goal. Mr. Peach added that this step must be taken in
order for both developers and contractors to understand that the City of Evanston
takes the M/WiEBE objectives seriously.
It was decided that the next committee meeting would be held August 251h. The
entire meeting will focus on a review of the Church Street Plaza Audit Report.
The M/W!EBE Committee will subsequently meet with the appropriate City staff
and Council members to discuss its conclusions.
VI. Adjournment
There being no additional business, the meeting was adjourned at 8.35 p.m.