December 1, 2016 - Agenda - TRANSPORTATION BUSINESS ADVISORY COUNCIL (TBAC) MeetingGENERAL MEMBERSHIP MEETING
®Metro Thursday December 1, 2016 9:30 a.m. - 11:30 a.m.
Metro Headquarters, University Room 4th Floor One Gateway Plaza, Los Angeles, CA 90012
AGENDA Participants:
TBAC Advisory Council members; Metro Staff; Guests and General Public
Item Time Topic and Presenter(s) Purpose and Process
1 9:30 Welcome and Introductions, Vice Chair Patten Call to order; site information and safety
2 9:35 Agenda Review and Remarks, Vice Chair Patten Set Direction for the Meeting
3 9:40 Action Item Review, Vice Chair Patten Progress on Action Items from previous meetings
4 10:10 Meeting Minutes Review, Vice Chair Patten Review of November 3, 2016 meeting minutes
5 10:15 Metro Guest Speaker Metro Guest Speaker to be determined
6 10:25 Metro Contracting Opportunities (5 minutes each) Provide status of Metro future and current a) Highway Programs, Abdallah Ansari contract opportunities; status of small and Managing Executive Officer disadvantaged business contract goals and b) Procurement/Contract Look-Ahead, Carolina Coppola contract awards. Executive Officer, Vendor/Contract Management c) Current Solicitations, Linda Perryman Manager, Small Business Programs
7 10:50 Committee Reports (5 minutes each): Provide status of each committee a) Bylaws Committee (ad hoc), Rod Garcia Chair activities, progress, recommendations. b) Commodities Committee, Ezekiel Patten, Jr. Chair c) Construction Committee, Deborah Dyson Chair Status of revisions to TBAC Bylaws, d) Communications (ad hoc), Charles Favors, Chair membership renewals and TBAC officer e) Legislative Affairs Committee, William Osgood Chair elections. f) Membership Committee, Sandy Schneeberger Chair g) Professional Services Committee, Rod Garcia Chair
8 11:15 Open Agenda Small Business Forum Comments
9 11:20 New Business Action Item Re-Cap and New Matters to be added to the next meeting Agenda
10 11:25 Public Comment (limit 2 minutes each speaker) Announcements, general information sharing, comments, suggestions
11 11:30 Meeting Review & Adjourn Next General Membershi12 Meeting: Thursday January 5, 2017 @ 9:30am
Metro 3rd Floor Board Room Next Legislative Affairs Committee Meeting: Monday December 19, 2016 @ 8:30am
Metro 9th Floor Alhambra Room
Transportation Business Advisory Council (TBAC}
CODE OF CONDUCT
The purpose of the Transportation Business Advisory Council (TBAC) is to encourage the participation of Small Businesses
(SBE), including Disadvantaged Business Enterprises (DBE) and Disable Veteran Business Enterprises (DVBE), with Metro
and to provide a forum for small business trade associations to comment and provide feedback on TBAC policies and
practices that effect or impact small business utilization and participation in TBAC contracts and projects.
Conduct and personal behavior - It is expected Council Members will:
Adhere to the Operating Guidelines for the Transportation Business Advisory Council (TBAC);
Act ethically, with honesty and integrity, in the best ir"1terests of the TBAC at all times;
Take individual responsibility to contribute actively to all aspects of the Council's role according to its Operating Guidelines;
Make decisions fairly, impartially and promptly, considering all available information, legislation, policies and procedures;
Treat colleagues with respect, courtesy, honesty and fairness, and have proper regard for their interest, rights, safety and welfare;
Not harass, bully or intimidate colleagues, members of the Council, public and/or TBAC or other Agency Staff; No Personal Attacks/
Contribute to a harmonious, safe and productive Council environment/culture through professional relationships; and
Not make improper use of their position as Council Members to gain advantage for themselves or for any other person.
Communication and official information - It is expected Council Members will:
Channel all communication between Council and staff on council matters through the appropriate or assigned individuals; and
Not represent themselves as speaking for, or acting on behalf of, Metro or TBAC regarding the business of TBAC.
Conflict of interest - It is expected Council Members will:
Disclose any personal or business interest which may give rise to actual or perceived conflict of interest;
Ensure personal or financial interests do not conflict with their ability to perform official duties in an impartial manner;
Not allow personal or financial interests, or the interests of any associated person, to conflict with the interests of TBAC; and
Manage and declare any conflict between their personal and public duty; and where a conflict of interest does arise, the member will recues him/her self from all discussion and decisions on that matter.
In addition, Council Members commit to:
Take respQnsibility for reporting improper conduct or misconduct, including discrimination, which has been, or may be occurring in the meetings, committee or full council, reporting the details to the relevant people or agency; and
Take responsibility for contributing in a constructive, courteous and positive manner to enhance good governance and the reputation of TBAC
ADA REQUIREMENTS
Upon request, sign language interpretation, materials in alternative formats and other accommodations are available to the public for MTA-sponsored meetings and events. All requests for reasonable accommodations must be made at least three working days (72) hours in advance of the scheduled meeting date. Please telephone (213) 922-4600 between 8 A.M. and 5. P.M., Monday through Friday. Our TDD line is (800) 252-9040
TRANSPORTATION BUSINESS ADVISORY COUNCIL (TBAC) - Meeting Minutes
Metro Headquarters Board Room 3rd Floor One Gateway Plaza Los Angeles CA 90012 November 3, 2016 9:30 a.m. - 11:30 a.m.
1. WELCOME AND INTRODUCTIONS - Vice Chairperson Ezekiel Patten Jr.
1. The meeting was called to order at 9:30 a.m. Each person attending introduced themselves. Mr. Ezekiel Patten Jr (BBA) thanked the representatives from Burns &
McDonnell for sponsoring the coffee and pastries provided before the meeting.
2. AGENDA REVIEW AND REMARKS - Vice Chairperson Ezekiel Patten Jr.
1. Mr. Ezekiel Patten Jr (BBA) reviewed the Agenda and handout items: Agenda, Code of Conduct, Action Item list, October 2016 Meeting Minutes (includes attendance
sheets), Metro Highway Projects in Construction, DBE Utilization Active Metro Contracts, SBE Utilization on Active Metro Contracts, SBE/DVBE Utilization on Active Metro
Contracts, TBAC Calendar, Disparity Study Presentation hardcopy, DBE Subcontract Awards for Regional Connector, DEOD Tracker Report, and Small Business Participation
Summary report.
2. Ms. Rosalind Pennington (BBA) said the package is a pretty big package, is there a way to get softcopy so can get out to our members. Mr. Miguel Cabral (Metro) said that
all the materials will be posted and available for download from Metro TBA( Archive website.
3. Mr. Joel Farrier (Burns & McDonnell) said Burns & McDonnell is an 120 year old firm based in Kansas City, their second office established in Los Angeles in 1923 and said
they are very happy to be at the meeting supporting Metro and diverse suppliers. Mr. Patten invited them to return to the next meeting to give a presentation. Mr. Patten
said he doesn't want there to be a connection between sponsorship and giving a presentation at the meeting. there needs to be a clean break, we have to be real careful
about that.
ACTION ITEM RESPONSIBILITY DUE DATE STATUS
Action Items from May 2013 Meeting
Action Item #3: Award Tracker B2GNow be changed to reflect actual utilization rather than bid Linda Perryman June 2016 Closed November 2016
numbers Tashai Smith
Discussion November 2016: Ms. Tashai Smith motioned to close the action item. In the October 2016 meeting B2GNow utilization reports were provided for review: SBE,
SBE/DVBE and DBE utilization reports. Those utilization reports will continue to be provided on a monthly basis.
Action Items from September 201S Meeting
Action Item #17: Send email to Tashai Smith with his question about setting an RFP evaluation Roger Soneja Tashai June 2016 In progress.
criteria that gives 20 points for the teams that are joint venture between prime and an SBE. Smith Rod Garcia
Discussion November 2016: Ms. Smith reported that they have one more briefing internally that they need to do, the action item is in progress until next month.
Action Items from November 201S Meeting
Action Item #31: Motion for Indemnification: Any member ofTBAC made or threatened to be made Ezekiel Patten Jr In progress. a party to any action, suit or proceeding by reason of the fact that s/he is or was a Director, Officer,
or Member of TBAC shall be indemnified and defended by Metro pursuant to the law in the same
manner as an officer or employee of Metro.
Discussion November 2016: Mr. Patten said he is still working on all his action items.
Action Item #32: Set up bank checking account for TBAC Keith Compton Ezekiel In progress.
Patten Jr
Discussion November 2016: Mr. Patten said he is still working on all his action items.
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TRANSPORTATION BUSINESS ADVISORY COUNCIL (TBAC} - Meeting Minutes Metro Headquarters Board Room 3rd Floor One Gateway Plaza Los Angeles CA 90012
November 3, 2016 9:30 a.m. - 11:30 a.m.
Action Items from January 2016 Meeting
In progress. Action Item #42: Prepare a letter that requests a meeting with the executive committee to discuss Ezekiel Patten Jr
inclusion of SBE-DBE goals in Measure M. Send a letter with monthly meeting agenda and meeting
minutes to the executive committee.
Discussion November 2016: Mr. Patten said he is still working on all his action items.
Action Items from June 2016 Meeting
In progress. Action Item #1: TBAC Representatives to have a meeting with Metro Executive Committee so that Ezekiel Patten Jr
TBAC has a larger presence with the Metro Board of Directors.
Discussion November 2016: Mr. Patten said he is still working on all his action items.
In progress. Action Item #2: Recommend that Metro conduct meeting with other government agencies and Roger Soneja Miguel
businesses to coordinate business goals so not competing with each other for the same resources. Cabral
Discussion November 2016: Mr. Roger Soneja said that he was just contacted by Mr. Miguel Cabral (Metro) and his administrative assistant, they are going to be sending him
an email to schedule a meeting.
Action Items from July 2016 Meeting
In progress. Action Item #3: Disparity Study to request and receive inputs from TBAC. Metro/ Disparity Study
Consultant
Discussion November 2016: Refer to November 2016 Meeting Minutes, Agenda Item 115 discussion.
Action Items from September 2016 Meeting
In progress. Victor Ramirez Action Item #1: Review IFB solicitations that are coming soon (October - December), and instead
release them in 2017 if the new AB 2690 goals for SBE set aside contracts can be applied.
Discussion November 2016: Mr. Ramirez (Metro) said they cant give a blanket delay on all of the solicitations because some are safety sensitive, operational sensitive so we
need to move forward on those as quickly as possible. But they have identified a number of projects that can be delayed into 2017 to apply the small business advantages of
AB 2690 to them. He will identify the projects that can be delayed during the review of 12 month look ahead later in the meeting.
In progress. Action Item #2: Include NAICS codes with solicitations listed in the 12 month look ahead report and Victor Ramirez
in the email notices for solicitations.
Discussion November 2016: Mr. Ramirez (Metro) said that the project scopes are still being developed, so if Metro publishes NAICS codes in advance in the 12 month look
ahead report it potentially is incomplete and could discourage interested proposers [if their NAICS code is not initially listed in the 12 month look ahead]. Mr. Ochoa said
some years back when they made transition from SICS to NAICS there are still some project managers stuck in the old numbers, so maybe a good idea to give Metro staff a
cross reference or cheat sheet of the old SICS codes and new NAICS codes. It might open up opportunity for small business. Mr. Ramirez said that's a good idea and they can
discuss with their project managers, as well as ask them to be more descriptive with scope of work so all related NAICS codes are identified. Ms. Schneeberger (LA DVBA) said
sometimes the NAICS codes they select to be relevant to their business is subjective, and sometimes the codes Metro selects for a project is subjective, so potential for
disconnect, is there some way to have a bridge between what the needs are for the buyer and what the small businesses can provide so there isn't any missed opportunity.
Mr. Ramirez said he is encouraging their project managers to look at higher level description of NAICS codes so it expands the pool.
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November 3, 2016 9:30 a.m. - 11:30 a.m.
Closed November 2016 Action Item #3: Provide a link from Metro website home page "About Us Business Advisory Council" Julie Ellis
directly to TBAC Website, instead of four steps About Us Vendor Portal & Metro Connect > Small
Business Tools Metro Connect > Transportation Business Advisory Council> TBAC
Discussion November 2016: Mr. Keith Compton (Metro) reported we can close this action item, he just visited Metro website and from "About Us" there is a "Transportation
Business Advisory Council" web link that brings you directly to TBAC website. He also did same in the Metro beta website with same result. Ms. Julie Ellis (Metro) joined the
discussion and confirmed that the About Us Transportation Business Advisory Council web link will bring you to the Vendor Portal .
Closed November 2016 Julie Ellis Action Item #4: Provide a link from Metro Vendor Portal Website directly to TBAC Webpage instead
of three steps Small Business Tools Metro Connect > Transportation Business Advisory Council >
TBAC
Discussion November 2016: Ms. Julie Ellis said that if you click on TBAC web link in the Vendor Portal it will bring you to the TBAC page. Mr. Ezekiel Patten Jr (BBA) asked if
we can close this action item and Ms. Ellis said yes.
Action Items from October 2016 Meeting
Action Item #1: Metro to work with Professional Services committee to discuss how conflict of Ivan Page Rod In progress
interest can be narrowed down to allow subcontractors to participate on multiple projects without Garcia
conflict of interest, especially for subcontractors that have limited scope within a contract.
Discussion November 2016: This action item was not discussed during action item review. Mr. Ivan Page (Metro) and Mr. Rod Garcia (HEBC) were not present at the meeting.
4. MEETING MINUTES REVIEW, October 6, 2016
1. The October 6, 2016 meeting minutes were reviewed. Ms. Rosalind Pennington (BBA) motioned to accept meeting minutes as written. Motion was unanimously
approved.
s. 2017 Disparity Study Discussion, Tashai Smith Metro DEOD
1. Ms. Tashai Smith {Metro DEOD) said Metro just completed the 2017 Disparity Study procurement process, the contract was awarded to BBC Research & Consulting of
Denver Colorado. Metro is conducting a Disparity Study that will cover S years of contract data January 1, 2011 through December 31, 2015. BBC will look at Metros
contracting data within those 5 years in terms of contracts awarded to DBE firms at Prime/ Subcontractor level.
2. Ms. Smith said a Disparity Study is the method used to produce the evidence that Federal recipients in the 9th circuit court of appeals jurisdiction, of which Metro is in, to
implement a race conscience program. As part of Metro DBE program under DOT they typically set contract goals. Although the DBE program at the National level was found
to be constitutional, a court case decision in the 9th circuit court of appeals said that the local agencies had to have evidence of discrimination in their market area in order to
utilize race based remedies such as contract goals, and that contract goals could only be utilized for those groups where a substantial disparity is found. So Metro cannot just
apply contract goals across the board, there must be some statistical evidence of discrimination in the local marketplace for contract goals to be set. So Metro must conduct
a Disparity Study and based on those results Metro will look at it's program and determine how to move forward.
3. Ms. Smith said the Disparity Study will be a 12 month study. Metro is preparing for the next triannual goal submission to FTA, the Disparity Study will allow Metro to be
ready for that submission in 2018. Mr. Kevin Williams is the Project Manager for BBC.
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TRANSPORTATION BUSINESS ADVISORY COUNCIL (TBAC) - Meeting Minutes Metro Headquarters Board Room 3rd Floor One Gateway Plaza Los Angeles CA 90012
November 3, 2016 9:30 a.m. - 11:30 a.m.
4. The BBC team made a presentation, topics included: Project Team; Disparity Study Overview; Community Engagement; Utilization, Availability, and Disparity Analysis; Study Schedule. Presentation viewgraphs are posted on the TBAC Meeting Agenda Archive website https://www.metro.net/about/deod/tbac-meeting- archives/
5. Mr. James Okazaki (AAa/e) asked how many different gradations with the study be looking at? For example Professional Services, Operations, Construction, Purchasing.
Mr. Williams said they will be looking at Construction contracts, Professional Services contracts, Goods contracts, Support Services contracts. Availability and disparity
analysis will be provided for each subset of those, and also further refining for example Federally funded contracts, non Federally funded contracts, Contracts that had goals
and contracts that did not have goals, to get full story of what happened during the study period.
6. Mr. Okazaki asked if they could also segregate by Transit versus Highways ? Mr. Williams said they will mainly be looking at Transit because the Federal highway funding
comes through Caltrans and it's their DBE program that is applied to that. The study will mostly be looking at FTA funds.
7. Mr. Tom Pringle (Universal Reprographics) asked for the in-depth interviews, is there going to be a selection criteria or pre-qual for who you will be selecting for the
interviews ? Mr. Williams said there is a two phase process. One, they will work with Ms. Tashai Smith and her team to identify some firms that have done work with Metro,
and also from the Availability interviews when they go to those interviews they ask what are the challenges they've experienced and would they be willing to participate in a follow up interview. To try to setup a broad spectrum of minority owned, woman owned, prime contractors, and across industries construction firms, engineering firms,
goods and services firms.
8. Mr. Pringle asked what is the forum, is it open or one and one interview ? Mr. Williams said at public hearings it's open forum. But for in depth interviews, to make it as
easy on business owners as possible, they will visit offices and sitting down with business owners. And they make every effort to keep the information anonymous. The only
chance it would not be anonymous is if this unfortunately went to litigation and they were forced to reveal information. But in all cases they've worked on, they first request the information to be kept within the legal teams involved and that has always been granted.
9. Mr. Jack Ochoa (SAME LA) asked, besides BBC how many of the firms participating (identified page 3 of presentation) are SBE and DBE ? Mr. Williams said BBC is an SBE,
GCAP is a DBE, PDA is a DBE, Zann & Associates is a DBE, Holland & Knight is not, Bohica is a DVBE, Customer Research International is Hub Zone certified in Texas.
10. Mr. Al Solis (HEBC) asked if there is a way to follow public hearings online ? Ms. Tashai Smith said there is a Metro website for the Disparity Study and in the next 30 days
they will be working to get the website updated with the project information, the PowerPoint presentation will be posted, information for all public hearings, and month to
month updates. Eblast will go out relating to the public hearings, advertisements in minority, woman owned…