City of Milwaukee & Milwaukee Metropolitan Sewerage District (MMSD)

1. City of Milwaukee &Milwaukee Metropolitan Sewerage District (MMSD) Disparity Study Informational Meeting August 28, 2009

2. Acknowledgements • African American Chamber of Commerce • American Indian Chamber of Commerce of Wisconsin • Hispanic Chamber of Commerce of Wisconsin • Hmong Wisconsin Chamber of Commerce • Multicultural Entrepreneurship Institute, Inc. • Milwaukee Area Workforce Investment Board • National Association of Minority Contractors • The Business Council • Wisconsin Black Chamber of Commerce

3. Agenda • Update on the Effectiveness Study 2007 • Explanation of the MORE Ordinance • Share information relative to the Disparity Study 2009-2010 • Discuss ways in which you can be involved • Questions/Comments/Concerns

4. Update on the Effectiveness Study 2007 Recommendations

5. Update on the Effectiveness Study 2007 Recommendations

6. MORE Ordinance Emerging Business Enterprise (EBE): The level of EBE participation on City Development and Public Works Projects increases as follows: • Construction: increase from 18% to 25% • Purchase of Services: 18% (no change) • Purchase of Professional Services: 18% (no change) • Purchase of Supplies: 18% (no change) Residence Preference Program (RPP): • Increases from 25% to 40% • To ensure the participation of City Residents in City Development Projects, The developer will be required to ensure that 40% of worker hours required for construction of the project be performed by unemployed or underemployed residents. In addition, the RPP residence boundary is expanded to include the entire City of Milwaukee.

7. MORE Ordinance Prevailing Wage • All contractors will be required to pay prevailing wages to all employees working on the respective project through any and all contractors. Prevailing wage standards are set by the Department of Workforce Development. Apprenticeship Ratio • An appropriate apprenticeship ratio will be identified for all specific trades on the City Development Project. The City of Milwaukee will utilize the current Department of Workforce Development standards in setting appropriate apprenticeship ratios. First Source Employment Program • All contractors will be required to utilize the First Source Employment Program (FSEP), which is a program operated by the Milwaukee Area Workforce Investment Board (MAWIB), through an agreement with the City of Milwaukee. FSEP will be the first source in recruitment efforts for all contractors that will actively hire for both new and replacement employment opportunities. The goal of FSEP is to ensure that City residents are considered first for both new and replacement employment opportunities on City Development Projects.

8. MORE Ordinance Local Business Enterprise (LBE) • An award standard will be applied in all bids so that an otherwise responsive and responsible bidder, which is a Local Business Enterprise, shall be awarded the contract, provided that its bid does not exceed the lowest bid by more than 5% and/or $25,000.  An additional number of points, equal to 5% of the maximum number of points used in the evaluation of Request for Proposals (RFPs), shall be applied to increase the total score attained by a local business enterprise.

9. Disparity Study 2009

10. Disparity Study 2009-2010 • Corporate Experience and Capacity • Key Personnel • Business Plan • Timeline • Questions and Answers

11. Corporate Experience and Capacity • D. Wilson Consulting Group, LLC is a ready, willing and able certified Wisconsin MBE and DBE vendor qualified to conduct the Disparity Study for the City of Milwaukee and the Milwaukee Metropolitan Sewerage District • Small Management Consulting Firm specializing in conducting Disparity Studies.

12. Corporate Experience and Capacity • 20 years of Disparity Study experiences • Over 40 Disparity Studies • Local and State Government • City of Phoenix • City of Tucson • Pima County • Washington Suburban Sanitary Commission • State of Alaska Department of Transportation & Public Facilities • Colorado Department of Transportation

13. Corporate Experience and Capacity • Current and Past Clients • Alaska Department of Transportation & Public Facilities (Completed) • Alaska Railroad Corporation • Municipality of Anchorage • City of Tucson and Pima County (Completed) • Colorado Department of Transportation (Completed) • Montana Department of Transportation • Draft Final Report Submitted

14. Corporate Experience and Capacity • Fields & Brown, LLC • Largest minority owned law firm in the Kansas City Metropolitan Area • A V rated firm • Two senior partners have practiced together for 35 years and have over 60 years of combined litigation experience • The firm represents Fortune 100 companies and governmental agencies • The firm specializes in employment law, commercial litigation, insurance and workers’ compensation defense, constitutional law and public finance.

15. Corporate Experience and Capacity • Gonzalez Saggio & Harlan, LLP • Local, Minority-Owned Law Firm, second largest minority-owned law firm in the Country • Firm specializes in Equal Opportunities and Employment • Litigation experience in employment, public accommodations and credit discrimination

16. Organizational Structure

17. Project Organization • Deirdre D. Kyle - Project Manager • Conducted over 40 Disparity Studies since 1989 • Partner-In-Charge of Disparity Study Research for MGT of America, Inc. for six years • Pioneer in Developing Disparity Study Methodology • Developed one of the first availability/goal setting study methodologies accepted by FHWA after 49 CFR 26 was authorized • Litigation Experience • B.S. Political Science, Florida State University

18. Project Organization • Charlotte Robinson, Esq. – Legal Advisor and Policies, Procedures and Program Review • 23 years of experience in Transportation and Environmental Law • Served as Chief Transportation Counsel for the Colorado Department of Transportation • Special Advisor to the CDOT to oversee its first disparity study • Co-counsel in the defense of the CDOT and State of Colorado in the first Adarand Constructors, Inc. v. Colorado case • J.D. – University of Denver • B.A. University of Georgia, Journalism

19. Project Organization • Jeff Ling, Ph.D. – Availability and Statistics • Lead the availability and statistical analyses in over 10 disparity studies • One of the first in the industry to include multivariate regression analysis in disparity study research • Taught Statistics at 3 Universities • PhD – Florida State University, Political Science • M.S. – Florida State University, Political Science • B.A. – University of Tampa, Political Science

20. Project Organization • Todd Osborn - Availability and Statistics • Lead the availability and statistical analyses in over eight disparity studies • One of the first in the industry to include multivariate regression analysis in disparity study research • Taught Statistics at Florida State • ABD – Florida State University, Political Science • M.A. – Bowling Green State University, Political Science • B.A. – Kent State University, Political Science (magna cum laude)

21. Project Organization • Debbie Griffin – Contract Data Collection and Analysis • 30 Years of Experience in Project Management and Organization • Utilization Data Collection and Analysis for Five Disparity Studies • Management Responsibilities for Purchasing, DBE programs and Facilities for a state Transportation Authority • M.A. – University of North Florida, Education • B.S. – University of North Florida, Education

22. Project Organization • Avery Goodrich, Jr., Esq. - Policies and Procedures and Anecdotal Analysis, Recommendations • Partner, Gonzalez Saggio & Harlan, LLP • Member, Equal Opportunities and Employment Department • Served as District Director, U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) Columbus, Ohio • Participated in over 100 compliance reviews and audits of federal contractors and subcontractors required to prepare and implement affirmative action programs    • Provided technical assistance on policies, regulations, and procedures of the OFCCP to federal contractors, subcontractors, construction firms, local units of government and constituency groups within the Midwest Region

23. Project Organization • Avery Goodrich, Jr., Esq. - Policies and Procedures and Anecdotal Analysis, Recommendations   - Served as Executive Director, City of Chicago, Department of Planning and Development, Empowerment Zone Program  • Developed and implemented strategies to administer Chicago's Empowerment Zone/Enterprise Communities redevelopment program. •  Served as Associate, Target Group, Inc. • Assisted developers, corporations and general contractors with the design and implementation of their affirmative action and diversity plans    • Served as Research Specialist, Charne, Glassner and Taitelman • Prepared evidentiary reports, interviewed witnesses, and research municipal zoning requirements and histories for the City of Milwaukee's desegregation lawsuit.  • J.D. – University of Toledo, College of Law • B.A. – Howard University, Political Science

24. Project Organization • Marvin Pratt – Anecdotal Data Collection and Public Outreach • Former Mayor of the City of Milwaukee • Re-established Town Hall Meetings • Drivers License Reinstatement Program • Former Common Council President • Authored Residency Preference Program • Building Inspection Internship Program • Disadvantaged Business Program • Former member of the Economic Development Committee • B.A. – Marquette University, Political Science

25. Project Organization • Marvin Pratt – Anecdotal Data Collection and Public Outreach • Former Mayor of the City of Milwaukee • Re-established Town Hall Meetings • Drivers License Reinstatement Program • Former Common Council President • Authored Residency Preference Program • Building Inspection Internship Program • Disadvantaged Business Program • Former member of the Economic Development Committee • B.A. – Marquette University, Political Science

26. Business Plan • Legal Review • Prepare a detailed legal review of relevant federal and state (specifically the 7th Circuit) court cases. • Our legal team will insure the methodology used to conduct this study complies with the federal standards • Our legal team will be involved in drafting the recommendations for this study

27. Business Plan • Policies, Procedures and Program Review • Review written materials addressing the City and MMSD Policies and Procedures and other written materials including previous disparity studies; • Interview key personnel to include MWBE officers, procurement staff and government officials; • Interview representatives of Trade and Professional Associations; and, • Other key stakeholders

28. Business Plan • Data Collection • Conduct a Data Assessment to identify potential electronic and paper data sources • MMSD’s Financial System • MMSD’s Excel file of Subcontractors • City FMIS System • Lawson Software • PeopleSoft Software • City Contract and/or Project Files

29. Business Plan • Develop a data collection methodology for review and approval • Business Categories for 2005 – 2008 include: • City • Construction Services • Professional Services including A&E • Goods and Services

30. Business Plan • Develop a data collection methodology for review and approval (cont’d.) • Draw 100 percent of construction and A&E contracts • Work with the University of Wisconsin Milwaukee and Marquette University Equal Opportunity Program (EOP) to identify and hire students to conduct data collection • Supervise and train students for subcontract data collection • Detail oriented individuals • Schedule students in 4 – 8 hour blocks • Conduct quality control and data verification

31. Business Plan • Market Area • For the City and MMSD • By each Business Category • Location of Prime Contractors • Number of Contracts Awarded and by Percentage • Number of Firms Awarded Contracts and by Percentage • Relevant Market Area • Determined by where 75 percent of all dollars awarded • Milwaukee MSA • Counties outside Milwaukee MSA

32. Business Plan

33. Business Plan • Availability • Create database of relevant vendor, bidder and subcontractor data • Collect listings from other public jurisdictions and organizations • Compare overlap of the public and private databases to eliminate any redundant entries • Summary of Availability Analyses for each Group Identified in the Utilization Analysis

34. Business Plan • Conduct Disparity Analysis • Develop Report Layouts • Calculate Disparity Indices Based on Availability and Utilization Data for Each Business Category and Sub-category • Subject Disparity Analysis to Statistical Tests to Determine Significance

35. Business Plan • Survey Results will be used for the Regression Analysis as well as Availability • Conduct Regression Analysis – Review data collected from vendor survey – Select econometric models necessary for determining the casual factors related to utilization – Summarize the findings and like possible predictors to programs, initiatives and other factors

36. Business Plan • Private and Public Sector Analysis • Secondary data collection • Primary data collection of firm characteristics in relevant market area • Project potential market characteristics in private sector based on analysis of survey data

37. Business Plan • Anecdotal Analysis • Conduct 60 Individual Interviews • SMWBE and Non-SMWBE Firms • Business Categories • Assist City and MMSD with Public Hearings • Facilitate Two Public Hearings • City & MMSD provide facilities, advertising and court reporters

38. Timeline • Process will take approximately 12 months to Complete Study • Several of the components overlap and are needed to make the study more comprehensive

39. Conclusion • Extensive Experience in Disparity Study Research • Positive Litigation Experience • Experienced Sub consultants with Local Presence • Attorney Involvement in Each Major Area of the Study • Our Team is 100 percent Minority Owned

40. Disparity Study 2009-2010 Questions? Comments? Concerns?