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HomeMy WebLinkAboutMINUTES - 05071996 - D7 To: BOARD OF SUPERVISORS IOC-05 Contra FROM: INTERNAL OPERATIONS COMMITTEE o.� : ';s Costa x�y ; .-,..: w,o� County 7•, 4 DATE: ��sTq cotii+� `T� April 1, 1996 SUBJECT: REPORT ON MEETING WITH THE EQUAL EMPLOYMENT OPPORTUNITY ADVISORY COUNCIL SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: DIRECT that the concerns raised by the Equal Employment Opportunity Advisory Council in the attached April 1, 1996 letter regarding the extent to which the General Contractor, Centex Golden; the Project Manager, O'Brien-Kreitzberg; and the MBE/WBE monitor, Technical Data Corporation, have made use of the pending contract change order to maximize the opportunities for MBE/WBE contract participation be scheduled for a full discussion before the Board of Supervisors on April 16, 1996, as a part of this Committee's report and that all affected parties be present and prepared to discuss this issue in detail. BACKGROUND: On December 12, 1995, the Board of Supervisors approved a report from the 1995 Internal Operations Committee referring to our Committee the request from the Equal Employment Opportunity Advisory Council to meet on a regular basis with our Committee. On April 1, 1996, our Committee met with Jonothan Dumas, Chair of the Equal Employment Opportunity Advisory Council; Emma Kuevor, Affirmative Action Officer; and Scott Tandy, Chief Assistant County Administrator. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVEOTHER SIGNATURES17 ACTION OF BOARD ON 7, 1996 APPROVED AS RECOMMENDED X OTHER X— IT IS BY THE BOARD ORDERED that Recommendations 1 through 6 of the Merrithew Memorial Replacement Hospital MBE/WBE Requirements Summary Page on the Merrithew Memorial Hospital. Replacement Project are APPROVED; that staff is DIRECTED to consider the recommendations by speakers Jonothan Dumas, EEO Advisory Council and Joseph Hogan, and to report on further progress. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 7, 1996 ContaPHIL BATCHELOR,CLERK OF THE BOARD OF CC: `See Page 2 SUPERVISORS kND COUNTY ADMINISTRATOR BY DEPUTY 2 IOC-05 Mr. Dumas presented the attached April 1, 1996 letter to us, which had not previously been made available to our Committee or to staff. Mr. Dumas expressed the concerns of the EEOAC with what they perceive to be a lack of progress in improving participation in the County's MBE/WBE goals. He also expressed the EEOAC's concerns about staffing the Affirmative Action and MBENIBE Programs. Supervisor Bishop expressed her outrage at the suggestion that her former staff be assigned to the County Administrator's Office for this purpose and the 'manner in which this suggestion was brought to the Committee. Emma Kuevor confirmed that she had advised the EEOAC that this suggestion was not an appropriate one to make and that the comments contained in the April 1, 1996 letter were included over the objections of Ms. Kuevor and without the knowledge of the County Administrator. In view of the fact that the April 1, 1996 letter was not available to our Committee ahead of time and that neither the Merrithew Memorial Hospital issue nor the staffing issue had been specifically included in the agenda item for the Committee's meeting, we have suggested that this issue be brought to the Board's attention so we can have all interested parties present and prepared to discuss the facts in detail. Supervisor Bishop expressed her opinion that MBENIBE concerns are simply not being addressed in the Merrithew Memorial Hospital project and that there appears not to be any commitment to affirmative action goals in this project. Since no one was present with knowledge of the project or the data, further discussion was deferred until the next Board of Supervisors' meeting. cc: County Administrator Affirmative Action Officer Scott Tandy, Senior Deputy County Administrator William B. Walker, Health Services Director De Bell, Hospital Project Director Jonothan Dumas, Chair, EEOAC -2- Merrithew Memorial Replacement Hospital MBE/WBE Requirements The Merrithew Memorial Replacement Hospital project is the County's largest building construction project. Because of its size and importance to the community, this project warranted extra efforts in expanding the County's MBE/WBE program. The County, in association with the Advisory Council on Equal Employment Opportunity, revised its construction-related procedures for this project. The County actively publicized this project which included a County mailing to all licensed contractors and a workshop for interested MBE/WBE subcontractors, manufacturers, and truckers. The project general contractors were all pre-qualified for this project based on their successful technical track record in constructing large hospitals. The prime contractor's bid did not achieve the County's goals of 14%MBE and 6%WBE participation. The award, however, was based on their, Centex Golden Construction Company (CGCC), "good faith effort" documentation. As a result, the contract was awarded to CGCC. MBE/WBE Participation At the time of award ($39,848,000), the contractor listed seven MBEs for a total of$1,231,500 (3.07) and two WBEs for a total of$186,000 (0.53%) participation. Centex Golden has continued to increase their MBE and WBE participation and their current efforts are summarized below: MBE WBE Participation $ % $ % At bid opening: $1,231,500 3.07% $186,000 .53% (Original) Current Status: $ 687,747 4.24% $351,526 .89% Pending: $ 994,500 2.50% $ 39,477 .10% (Under Review) Current & Pending: $2,682,247 6.70% $ 411,003 1.04% Change Order Currently actions are proceeding to carry out the Board's direction to reconfigure the hospital's fourth and fifth floors in order to incorporate the two existing psych wards into the project. The subcontractor portion of this change order work will likely total $1 '/2 to 2 '/2 million. Most of this work will be performed by subcontractors currently working.on this project.. The MBE/WBE subcontractors and suppliers currently on the project will benefit from this change order work to the extent their trade or products are used. In addition, Centex Golden with support from Technical Data Corporation (TDC), the County's MBE/WBE consultant, have identified new BDRPT42 L WPD(4/96) 1 opportunities for involving new MBE/WBEs not currently involved in the project. This work may represent 10-15% of the subcontractor portion of this large change order. We continue to review every change order for MBE/WBE opportunities and the contractor continues with its commitment to increasing the MBE/WBE participation. Workforce Goals The project specifications state the County's goals to ensure that the workforce composition of all persons employed for this project shall reflect the overall minority and female composition of construction industry labor force in Contra Costa County (25.7% minority and 6.9% female) participation. The maximum effort to achieve these goals shall be within each trade based on total hours worked within each trade and the goals apply to the contractor and all subcontractors. Based on our tentative analysis of the March cumulative data, the following large subcontractors with more than one thousand (1,000) work hours: MBE Analysis -25.7% Cumulative Tentative March November Goal March Goal Workhours Subcontractors 1995 1996 Alamillo Steel 41.7% exceeded 29.9% exceeded 4,206 Contra Costa Electric 25.0% not met 18.3% not met 4,927 FW Spencer 45.0% exceeded 36.5% exceeded 5,465 Herrick Corporation 0% not met 32.8% exceeded 12,732 Joe Carone 39.0% exceeded 36.8% exceeded 3,080 Meiswinkel - - 41.1% exceeded 1,645 Mid State - - 18.7% not met 1,752 Peterson Mechanical 0% not met 6.1% not met 1,012 R&R Maher Company 30.0% exceeded 30.2% exceeded 15,967 Schnabel Foundation 57.0% exceeded - - 1,611 WBE Analysis - 6.9% Cumulative Tentative March November Goal March Goal Workhours Subcontractors 1995 1996 Alamillo Steel 6% not met 7.4% exceeded 4,206 Contra Costa Electric 0% not met 6.8% not met 4,927 FW Spencer 0% not met 18.4% exceeded 5,465 Herrick Corporation 0% not met 5.7% not met 12,732 Joe Carone 0% not met 0% not met 3,080 Meiswinkel - - 0% not met 1,645 Mid State - - 0% not met 1,752 BDRPT#21.WPD(4/96) 2 Peterson Mechanical 0% not met 22.8% not met 1,012 R&R Maher Company 0% not met 5.2% not met 15,967 Schnabel Foundation 0% not met - - 1.611 Subcontractors with more than three hundred (300)but less than a thousand (1,000)workhours: MBE Analysis - 25.7% March Tentative Total November Goal March Goal Workhours Subcontractors 1995 1996 George Family - - 21.3% not met 427 Surveyors Group 0% not met 0% not met 437 The Ellis Roofing 43% exceeded 50.2% exceeded 907 Washington Iron - - 37.0% exceeded 800 WBE Analysis - 6.9% March Tentative Total November Goal March Goal Workhours Subcontractors 1995 1996 George Family - - 0% not met 427 Surveyors Group 0% not met 0% not met 437 The Ellis Roofing 0% not met 0% not met 907 Washington Iron - - 0% not met 800 In summary, the MBE overall participation went from 34.9% in November 1995 to 30.3% in March 1996 and the WBE participation went from .96% in November 1995 to 6.4% in March 1996. MBE/WBE Consultant The monthly reports from TDC have been characterized as being vague, generalized and not in a format which allows the Advisory Council to effectively monitor employment. TDC is working with the Contract Compliance Officer to summarize the data and submit succinct reports. Skewed Minority Data The Advisory Council has a concern within the minority category. The data indicates a disproportinate number of Hispanic, American Indian, and Asian workers when compared to African American workers. We are reviewing data from certified payrolls, working with the unions, and Centex Golden, and will be able to submit a brief report to you at a later date. BDRPT#21.WPD(4/96) 3 Summary The County project staff and Contract Compliance Officer, its project manager(O'Brien- Kreitzberg), MBE/WBE consultant (Technical Data Corporation), and the prime contractor (Centex Golden Construction Company) have and will continue to work closely to achieve the following: 1. Technical Data Corporation, Centex Golden, and O'Brien-Kreitzberg will meet to finalize an agreed upon reporting date so everyone's data is the same for submitting reports. 2. Technical Data Corporation and Centex Golden will submit more timely reports. Cut off .date is the 15th of the next month and there are ten days"to compile the previous month's report before reporting to the Advisory Council and the Board. 3. Continue to look for opportunities which will result in increased MBE/WBE participation. 4. Continue to emphasize the importance of achieving and maintaining an integrated and diverse workforce consistent with the County workforce goals. 5. For those subcontractors who fail to achieve these goals, follow the specification procedures immediately. 6. Improve both the quality and clarity of the monthly MBE/WBE Compliance Report issued to the County and Advisory Council on Equal Employment Opportunity by Technical Data Corporation. BDRPT#21.WPD(4/96) 4 Internal Operations Committee December 4, 1995 Meeting The Advisory Council on Equal Opportunity requested 'to meet with you regularly ( quarterly ), to discuss ways affirmative action issues are affecting Contra Costa residents, and .to discuss ways the _Advisory Council could more effectively fulfill Its role and responsibilities. L Why meet? There are several areas of interest in the community of Contra Costa: * Education * money for college , * motivate minorities and women in schools * Jobs * job opportunities ( self and children ) * losing job or having to take a cut in pay * can't afford tobuy orkeep a home * money for retirement * high tech occupations and limited, representation women and minorities * lack of long term planning * Crime * becoming a victim of crime * Disproportionate representation of African American . and Latino males in..prison. * effective'alternatives' to ncarceration * no/small`number of minority judges in Contra Costa"County, * Health - Care . * affordable".health :care youth :and:elderly long term care * drug related illnesses. * AIDS, HIV * preventative health care II. Recommendations Action items for 1996 * Increase staff for affirmative action office ( Secretary, MBE/WBE Specialist, and an Affirmative Action Analyst * Initiate an Affirmative Action newsletterfor for employees .and the public covering: laws/court cases; trends In society; exemplory individuals employed by and within Contra Costa County * respond to anti-affirmative action news articles Monitor, minority and female appointments. ( especially when Hispanics are on the eligibility lists; department head positions; management positions; and non traditional positions ) * Develop training .program for department affirmative action committees covering their role and responsibilities; career development; department issues * Quicker tum around time In filing Council vacancies * Require minority and female representation.. on ,all boards, committees, and councils under the Board of Supervisors such,as the Planning Commission. Require staff to document their efforts-to obtain diverse rep'sentation. .. * Provide adequate funding, for 1995 and 1996 ADA Transition Plan for County facilities *. Re:quire the Identification 'of the "essential :functions In all:job �classes within three years. * Require`_Human Services Department and Social Services to develop a plan for notifying AFDC recipients of job openings per the. requirements of the-consent decree: * Provide access and training `to Internet for..County .employees regardless of;their jox:.classes or shifts * Pr6v1de training to :employees on long term health care planning * initiate review of cr�mina! justice -system to dentify reasons mmonties a e sentenced longer, Fand initiate legislation to correct ;the * Request$the `appointment of y:....jutlges in Contra--Costa.County * ` Initiate and support preventive programs In the Sheriff and Probation Departments to train ,youth and/or provide alternative programs to incarceration * Request.,4Uarterly reports. from Probation and Sheriff Departments on their employee selections, particularly when minorities ',and females are being. interviewed for positions. 3. Require minority and female representation on all boards,committees,and councils under the Board of Supervisors, such as the Planning Commission - This representation provides a broader view from the various committees. Varied respectives are needed. 4. ; Request the appointment of minority judges in Contra Costa County - An African American female judge was recently appointed to the Bay Court bench. There are now two minority judges in the circuit; one in Muni Court, and an Hispanic in Superior Court. Val asked if these appointments are made by the Goveri.")r. Jonothan said yes, however the Board of Supervisors can indicate the need for minority representation on the bench. The Board will be asked to recommend and promote minority appointments. 5. Require more cross training among County employees at every occupational level - Maximize opportunities for employees in all levels. Recommend that the Board promote development within the County structure that cultivates the current workforce and provide resources for employees to upgrade their skills. 6. Monitor the status of the civil rights legislation initiative and advise the Board of Supervisors on implications - We are living in changing times with changing priorities. The.Council would like to see the County in a position of anticipating adverse impact versus responding after the fact. Evelyn Kay said cross training is important to avoid loss in productivity. If the County cannot afford to hire trainers then perhaps floaters could be trained to work among the various positions. Richard Martinez advised that this would have to be placed on the bargaining table. Jim Miller informed the Council that due to staff reductions in many County departments staff have already been cross trained in other areas. Jonothan feels this should be formalized within the County and not left to the Department Heads. Richard said the Training Institute could help in educating departments of the importance of cross training and steps needed to accomplish the task. Evelyn Centeno asked if the County has a career development program. Emma advised that a County wide program is not in effect and is done individually by department.. Not all departments have a program., , Emma explained the process taken by the Council to accomplish priorities. The Council presents its recommendations to the I.O. .Committee, and if approved, their recommendation is made to the Board of Supervisors. ..Jonothan used;item_#/1.as an example of how this process can be utilized to obtain staff for Emma if bodies cannot be hired, i e:, donated staff houm from other Aepartments. Jonothan asked how departments can-avoid cutting staff during budget cuts when department Affirmative Action (AA)goals have not been met. Val said the Council.might better understand the obsession with money-following IT years of cuts, however it should not be. used as an excuse to.abandon programs. This Council is to advise the Board on these issues. By the year 2001 2002 this.will be a minority/majority.County.- The Council has a good nudge system, which Emma handles ver Departments have dozens of issues to face with affirmative action being only one,,part of the decision process and"if the Council or Emma,does not stay'on top:of the AA issues it would fall through the.cracks IV REVIEW AIERRITHEW--MEMORIAI;HOSPITAL PROJECT Emma referred Counctlmembers to Report#/8 which primarily covers previous'tnformahon The roam concern .. of the CounctL is.the_lack of:femalerepresentation. Since:the last meeting Jonothan took the;concerns to the . I.O: Committee, who.iii turn took the.concerns to the Board. The-Board requested a:presentation:by Centex Golden. A presentation was made before the Board by Centex and they committed to working with the sub- contractors in order to ensure that the minority goals are met. Joe Hogan referred the members to Attachment B and asked the'-members..to'notice.that Alamillo Steel had only one female. Joe said.the real need is to focus on-the subs. 'Jonothan said another concern is lack of diversity among minority workers.. How,is it that given the diversity among the pool,-only one group is working. Jonothan explained name:call and gave background information to the new members. Jonothan again stressed that the primary concern is Tack of female workers. Emma introduced Jose Garcia, AA EEO Manager for Centex Golden, and asked Jose to give the Council an update on the project since the last report. Emma said she is encouraged by the meetings Centex has held with the sub-contractors. Advisory Council on Equal Employment Opportunity -2- y ADVISORY COUNCIL ON EQUAL EMPLOYMENT OPPORTUNITY January 12, 1996 Members'Present: V. Alexeeff, E. Centeno, J. Dumas, T Gupton, E. Kay, R. Martinez, G. Miller, K. Opong- Mensah Members Absent. L. Paulson, J. Walker Johnson Guests Present: D. Crosby, TD J. Garcia, Centex Golden P. Gutierrez, Oakland Private Industry Council A. Harvey, Building Inspection J. Hogan, Citizen J. Hutton, TD B. Luis, Cypress Training Center J. Miller, Human Resources S. Tandy, CAO Sta . E. Kuevor, N. Rush Jonothan called the meeting to order at 9:45 a.m. Emma distributed a revised agenda. Jonothan moved item II to the last item on the agenda due to a scheduling conflict. I. INTRODUCE NEW ADVISORY COUNCIL MEMBERS Emma introduced.three new Council members; Evelyn J. Centeno, Evelyn Kay and Kofi Opong-Mensah. II. REVIEW EXEMPT, PROJECT, AND TEMPORARY EMPLOYEES REPORTS Jonothan asked in a previous meeting that Emma provide information covering equitable distribution of positions.. Emma referred to two handouts: 1)Human Resource Department's (HRD) 12/13/95 memo covering Selection'Pr"oeess for Non-Merit System Positions; and: Internal Operations C0!_r iittee, Contra Costa County 651 Pine Street Martinez, CA 94553 Dear_ Corrimittee Members, The Advisonr Council on Equal Employment Opportunities is not pleased with the implementation of the monitoring procedures adopted for the Merrithew Hospital construction project; the degree to which Centex Golden, O'Brien Kreitzberg and Associates; and Technical Data Corporation are work ng together to maximize the opportunities for M/WBE contract participation; and the lack of equitable representation of women and minorities in the construction work force utilized for this project. The reports submitted by Technical Data`Corporation are vague, generalized, and have not allowed the EEO Advisory Council to effectively monitor the female and minority employment on the Merrithew Memorial Replacement Hospital Project. We recommend that Technical Data Corporation assign a staff person_at least four (4) days per week to this project, and require them to have that person work out of the County Administrator's Office (Affirmative Action Division ). Additionally, as a short term means of addressing the staffing deficiencies the EEO Advisory Council has cited with respect to the Affirmative Action Division, we are requesting that they, ormer staff'for`Supervisor Bishop be reassigned to the County Administrator's Office Affirmative Action Division. They can provide administrative support by monitoring Technical Data Corporation and Centex Golden, and assist in preparing statistical and progress reports. It is our understanding that the county is incurring costs related to these individuals, and it would seem appropriate that the county receive benefit from those expenditures. The Affirmative Action Division of the County Administrators Office i:§'-,:an. area-that has-consistently needed additional resources to effectively rr onitor'and enforce the Affirrria.ve u Action Plan "and objectives adopted'by'the Board of Supervisors.` This letter is prompted by alreview of.a significant work change order at our last Advisory Council meeting. That review made clear that there :was inadequate 'interaction between Ceinex:bolden, OKA, and Technical'Data .Corporation concerning the utilization of such contractingopportunities to. increase the participation of M/WBE firms. Given the handling of.-the single largest change order ( $2 to $5 million ), the Advisory Council doubts that this change order will result in the type of increased M/WBE participation that should result from such a contracting opportunity. We believe that collectively Technical Data Corporation, Centex Golden, and OKA could and should have made a more effective utilization of the opportunity afforded by this contract modification. Other concerns are related to the continuing low representation of women: in the construction work force, and the disproportionate representation of a single min,-)rity group within the minorities working on the project (approximately, 87% of the minorities on the project are reported Hispanic). This is a significantly skewed representation, considering the available labor pool, and the procedures available for accessing workers, from that pool. We understand that our specifications do not require specific ethnic groups to be incorporated in the minorities. working on the project, however the numbers represented we believe can not be attributed to,"chance or,. identifiable flaws in the dispatching procedures adopted by our labor sources. We are requesting a review of the data submitted to verify the level of minority participation' reported, and to identify what in the process is resulting in such skewed representation of a single ethnic group within the total number of minorities working on the project. Another area of concern cited was the number and diversity in minorities reported in the nurses classification within the Health Department. There is the perception that the numbers reported are inflated. We thank you for your review of our concerns, and hope that you will support our recommendation to direct Technical Data Corporation to assign a staff person to worn om the Affirmative Action Division at least four (4) days per week; and to direct OKA to document their efforts to increase participation of M/WBEs with Centex Golden and retained sub-contractors. Sincerely; /--Jonothan H Dumas, Chair Advisory Council on Equal' Employment Opportunity; 1 Provide ongoing basic reading, writing,and communication workshops for County employees Require more cross training among- County employees at every occupational level