MBEWBE/Small Business Enterprise Procurement Program Advisory Committee - Feb. 6, 2024
MBEWBE/Small Business Enterprise Procurement Program Advisory Committee Regular Meeting of the MBEWBE/Small Business Enterprise Procurement Program Advisory Committee
REGULAR MEETING of the MBE/WBE and Small Business Enterprise Procurement Program Advisory Committee Tuesday, February 6, 2023 at 5:30 pm City of Austin Permit and Development Center 6310 Wilhelmina Delco Drive - Room 1215 Austin, Texas 78752 Some members of this MBE/WBE Advisory Committee may be participating by videoconference. PUBLIC PARTICIPATION GUIDELINES The public will be allowed to speak at the Advisory Committee meeting remotely by phone or in -person at the address listed above. To participate remotely, speakers must register in advance with the board liaison before the registration deadline. Public Communication: General The first 10 speakers will be allowed to speak on any topic that is not posted on the agenda. The Committee Chair will call upon speakers at the beginning of the meeting. A person may not speak at general communication more often than once out of every three regularly scheduled committee meetings. Public Comment on Agenda Items Members of the public may speak on any item posted to the agenda. Speakers will be called upon when this agenda item is taken up by the Committee Chair. How to Register to Speak Remotely All speakers are required to register for remote participation. Registered speakers will be allowed 3 minutes to speak by telephone only. The deadline to register is at 12:00pm on the day before the meeting. To register to speak, email the board liaison, Nakia James at nakia.james@austintexas.gov before the deadline. Once registration closes, the board liaison will send all speakers an email to confirm registration, provide instructions on speaking at the meeting, and the number to call in on the day of the meeting. How to Sign-Up to Speak In-Person Speakers that would like to address the committee in person will be allowed to sign up until 15 minutes before the start of the meeting. Speakers will be allowed 3 minutes to speak. The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please contact Nakia James at (512) 974-9108 or nakia.james@austintexas.gov for additional information; TTY users route through Relay Texas at 711. For more information on the MBE/WBE and Small Business Procurement Program Advisory Committee, contact Nakia James at (512) …
SMALL MINORITY BUSINESS RESOURCES DEPARTMENT ACTIVE THIRD PARTY October 2023 PROJECT GOALS CURRENT PARTICIPATION (Goals Met to Date) MBE WBE MBE WBE Developer Project Name AA H A/NA WBE AA H A/NA WBE Contract Amount SMBR Contact Project Status % Expensed Incentive Amount Expenditures to Date Contact Name (May extend past project completion date) Sponsor Dept. Project Completion Date Consultant/ Contractor Project Type/ Phase Goal Type: C=Contract or P=Project Specific Trammel Crowe Green Water Treatment Plant Block 185 D Professional (Block 185 D) STG Design P 2.90% 9.00% 4.90% 15.80% 0.00% 1.10% 2.35% 6.10% $3,710,197.37 $3,710,197.37 Jolene Cochran EDD Design in progress 100.00% 2/1/2024 NOTE: Based on January 2024 expenditure reports. Projects are incentive based contracts approved by Council and managed by the Economic Development Department. 3:30 PM THIRD PARTY PROJECTS PAGE 1 OF 1 2/6/2024
CLMC949B Parque Zaragoza Neighborhood Park Bathhouse Rehab-Rebid $1,281,922 John Wesley-Smith M. Williams 12/14/2023 No Construction Parks & Recreation SLBP Goal Information MBE/ WBE Non Sub Cost Estimate Award Amount Prime MBE AA H A/NA WBE DBE SMBR Liaison Project Manager Department Council Date Goals Met Type FY2024 Council Awards Report DECEMBER 2023 $9,300,602 Johnathan Williams B. Teague Austin Energy 12/14/2023 Yes Construction 3 CLMP357 2024 Environmental Services Rotation List TRC Environmental Corporation $9,000,000 $9,000,000 UNK 2.69 2.69 2.27 2.27 3.88 3.88 John Wesley-Smith K. Mak 12/14/2023 Yes Professional Services Transportation & Public Works Solicitation No # 1 (FB) Majestic Services, Inc. (MB) Earthco Landscape Construction, LLC (FW) Tejas Destructors, LLC Non-M/WBE Subs Total 2 CLMC1006 East Village Substation Capital Excavation Company (MB) Avery Williamson / Avery's Lawn Care & Landscaping, LLC (MH) MG Limon Corporation / Limon Construction (FA) Rama Tirumalachar / Rama Tiru (FA) KLP Commerical, LLC / KLP Construction Supply Non-M/WBE Subs Total SG GFE SG MG SG MG 29.50 74.71 $1,281,922 $368,727 $29,350 $58,200 $635,723 $9,300,602 $6,948,602 $170,000 $450,000 $20,000 $160,000 $1,552,000 Prime Subs Prime Subs Prime Subs Prime Subs Prime Subs Prime Subs (MB) HVJ Associates, Inc. (MB) TLC Engineering, Inc. (MH) Acro Technologies, Inc. (MH) Crespo Consulting Services, Inc. (MH) Poznecki-Camarillo, LLC (MA) DHL Analytical, Inc. (FW) Amaterra Environmental, Inc. (FW) Dickensheets Design Associates, LLC (FW) McGray & McGray Land Surveyors, Inc. (FW) Zara Environmental, LLC Non-M/WBE Subs Total Weston Solutions, Inc. (MB) HVJ Associates, Inc. (MH) Arias & Associates, Inc. (MH) Crespo Consulting Services, Inc. (MH) Ferkam Management Corporation / Fercam Group (MH) Magnacore Drilling & Environmental Services, Inc. (MH) Zamora, LLC (MA) DHL Analytical, Inc. (FW) Amaterra Environmental, Inc. (FW) Sunland Group, Inc. (FW) Zara Environmental, LLC Non-M/WBE Subs Total Aptim Corp. / Aptim Environmental & Infrastructure, LLC (MB) HVJ Associates, Inc. (MB) Mpact Strategic Consulting, LLC (MH) Arias & Associates, Inc. (MH) Crespo Consulting Services, Inc. (MH) Edge Engineering, PLLC (MH) Magnacore Drilling & Environmental Services, Inc. (FA) Beyond Engineering and Testing, LLC (MA) Civilitude, LLC (MA) DHL Analytical, Inc. (FH) The Rios Group, Inc. (FH) Targus Associates, LLC (FW) Watearth, Inc. (FW) Zara Environmental, LLC Non-M/WBE Subs Total Intera, Inc. (FB) BeAspire Enviro Consulting (MB) TSIT Engineering & Consulting, LLC (MH) Crespo Consulting Services, Inc. (MH) Magnacore Drilling & Environmental Services, Inc. (MA) DHL Analytical, Inc. 50.86 50.86 16.69 16.69 UNK UNK UNK UNK UNK UNK UNK 1.38 2.35 2.35 1.70 …
City of Austin Small and Minority Business Resources MBE/WBE Procurement Program Good Faith Efforts Overview February 6, 2024 Felecia Shaw, Acting Assistant Director Objectives MBE/WBE Procurement Program Compliance Background GFE Minimum Requirements & Additional Considerations GFE Review Process Q & A City of Austin | SMBR 2 Good Faith Efforts – What is it? City Code 2-9(A-B)-21(E) •Firms are compliant by: •Either meeting the goals as established in the solicitation OR; •Demonstrating Good Faith Efforts for any ethic category where goals are not met (GFE). Current Minimum Requirements to Achieve Good Faith Efforts (GFE) (2-9A – B) • Notifying certified firms via fax, e-mail, mail or phone at least 10 business days prior to submission of bid/proposal • Publish notice in a local publication (i.e., newspaper, trade association publication, or social/electronic media) • Two (2) reasonable, available, and verifiable means • Follow-up with interested MBE/WBE firms • Seek services of trade associations and other minority and women community organizations • Negotiate in good faith with interested • Contact SMBR for assistance MBEs and WBEs • Select portions of work that will increase MBE/WBE opportunities Additional GFE Considerations •Whether Bidder/Proposer made efforts to assist interested MBEs/WBEs in obtaining bonding, lines of credit or insurance required by the City or consultant. •Whether the Bidder/Proposer made efforts to assist interested MBEs/WBES in obtaining necessary equipment, supplies, materials or related assistance or services. •SMBR may also consider the performance of other Bidders/Proposers successfully meeting the goals. Good Faith Effort Review •All GFE must be submitted with bid/offer at time of submission •Counselors review all documentation and complete a Good Faith Effort Analysis •Details the different requirements and efforts made by the Bidder/Offeror •Logs, emails, fax lists, advertisements/publications, contact with SMBR, etc. •Counselors also send Good Faith Effort Surveys to certified firms in categories where the goal(s) were not met. •Identifying if certified firms were contacted, if bid submitted, scope(s) of work Compliance Determination Utilizing GFE • Counselor submits compliance recommendation along with all GFE documentation and GFE Analysis for SMBR leadership review and sign-off • Opportunity for SMBR leadership to ask any questions prior to determination of compliance/non-compliance. • Approval of Compliance Plan • Deemed non-compliant (did not meet the goals, nor demonstrate GFE in lieu of meeting the goals) Awards Comparison – Goals Met vs. Good Faith Efforts Percentage Awards with Goals Met Percentage Awards with GFE FY’23 FY’22 FY’21 3-Year Award Average …
City of Austin Small and Minority Business Resources Personal Net Worth Update - 2024 Edward Campos, Director Small and Minority Business Resources Personal Net Worth (PNW) History • PNW Ordinance was adopted on June 8, 2006 • Began as a certification requirement on January 1, 2007 The amount was indexed annually based on the South Region Consumer Price Index published by the US Department of Labor, Bureau of Labor Standards Initial language included for Austin Metro Area Consumer Price Index • • • The PNW limit has increased each year • Initial PNW $900K • Current PNW $2.2M City of Austin | SMBR 2 Who is considered Economically Disadvantaged? An economically disadvantaged individual is a business owner whose Personal Net Worth (PNW) does not exceed: • $2,218,934 for the MBE/WBE program May change annually • $1.32 million for the DBE/ACDBE program • An individual’s personal net worth includes only his or her share of assets and liabilities held separately AND/OR jointly City of Austin | SMBR 3 Exclusions from the PNW An individual’s PNW includes only the applicant’s share of all assets held separately and/or jointly as community property. The following may be excluded: Individual’s ownership interest in the applicant firm and/or assets titled to the firm. Individual’s equity in his or her primary residence. Tax and interest penalties that would accrue if retirement savings or investments (e.g., pension plans, individual retirement accounts, 401(k)k accounts, etc.) were distributed at present. The value of an asset or liability not shared/co-owned by the applicant. The asset value of a vehicle you are leasing. • • • • • City of Austin | SMBR 4 IPWG - PNW Recommendations IPWG’s three of their 20 recommendations related to PNW: • Recommendations 3 and 5: Keep Personal Net Worth (PNW) but modify/revisit the structure. • Recommendation 4: The City should review its use of the South Region Consumer Price Index (CPI) in establishing its PNW to determine if this index accurately reflects the unique Austin economic marketplace. In response to the recommendations, SMBR engaged local economist John Hockenyos, President of TXP, Inc. (TXP), to review SMBR’s current PNW methodology, perform a review and assessment of the PNW process, and to update and refine the methodology used to calculate the personal wealth definition of economically disadvantaged. In addition, TXP was asked to determine if the South Region CPI accurately reflects the Austin economic marketplace and …
MBE/WBE and Small Business Enterprise Procurement Program Advisory Committee MEETING MINUTES The MBE/WBE and Small Business Enterprise Procurement Program Advisory Committee convened in a regular meeting on Tuesday, February 6, 2024. Members attended both virtually and in-person at the City of Austin Permit and Development Center at 6310 Wilhelmina Delco Drive, Room 1215 in Austin, TX. CALL TO ORDER Committee Chair, Ahmed Moledina called the meeting to order at 5:41pm. (Vice Chair), Amin Dhukka, Erica Douglass, Julio Rojas-Aguilar, COMMITTEE MEMBERS IN ATTENDANCE: In-Person: Virtual: Ahmed Moledina (Chair) Lena Banks Salman Rashid, Talan Tyminski Terry Mitchell, TK Tunchez Absent: PUBLIC COMMUNICATION: GENERAL • None APPROVAL OF MINUTES 1. Approve the minutes from the MBE/WBE Advisory Committee Regular Meeting on January 9, 2024. • The minutes were considered for approval and approved on a motion by Committee Member, Talan Tyminski and seconded by Committee Vice-Chair, Lena Banks. Approved on a 7-0 vote. DISCUSSION 2. Presentation and discussion regarding the significance of Personal Net Worth (PNW) as a criterion in the certification eligibility assessment process. Presenter: Elton Price, SMBR Certification Division Manager • The presentation covered the history of the PNW program, certification requirements for PNW participation, recommendations from the Inclusive Procurement Working Group on PNW structure, updates to the indexes used to calculate the PNW threshold, and the new PNW limits. 3. Presentation and discussion on the implementation of Good Faith Efforts (GFE) to meet the established goals on a contract. Presenter: Felecia Shaw, SMBR Acting Assistant Director • The presentation addressed the definition of GFEs, minimum requirements for submitting GFEs, and the GFE review process. STAFF BRIEFINGS 4. Briefing from the Director on initiatives related to SMBR. Page 1 of 2 • SMBR Director, Edward Campos briefed the Committee on the following o No updates 5. Briefing from the SMBR staff on the Council Awards, Third-Party Project, Request for Change, and Certification Roll reports. • SMBR Acting Assistant Director, Felecia Shaw provided the updates on the Council Awards, Third- Party Project, and the Request for Change reports. o Effective next month, the reporting schedule for these reports will change. Some reports will be provided monthly, quarterly, or annually. • SMBR Certification Division Manager, Elton Price provided the update on the Certification Roll report. FUTURE AGENDA ITEMS • Disparity Study results overview Will present in March • Goal Setting Will present in March • Overview of the City’s solicitation process Will present …
