ORANGE COUNTY Multi-Jurisdictional Disparity Study

ORANGE COUNTY

Multi-Jurisdictional Disparity Study

November 12, 2014

Presenters:

Mr. Reggie Smith

Ms. Vernetta Mitchell

1

WELCOME AND INTRODUCTIONS

Mr. Reggie Smith, Vice President – Project Manager

Ms. Vernetta Mitchell, Senior Consultant – Project Manager

Orange County – Errick Young, Manager, Business Development Division

City of Orlando – Kevin Walsh, MBE Official, M/WBE Office

Greater Orlando Aviation Authority – Michelle Tatom, Director, Small Business

Development

Orange County Public Schools – Dr. Joycelyn Henson, Senior Administrator,

Office of Business Opportunity

SUBCONSULTANTS

Ms. Veronica Anderson – Anderson & Associates

Ms. Monty Gettys – Montgomery Consulting

Dr. Chris McMillon – ENSYNC Diversified Management

Mr. Mario Trevino – Innovative Strategies

Ms. Anneliese Oppenheim – Oppenheim Research

T A S K S I N C L U D E

Coordinating and managing public meetings

In-depth interviews

Coordinating and managing focus groups

Business surveys

Policy review

Peer agencies’ review

MGT of America Overview

Project Objectives

Methodology and Technical Approach

Project Tasks

Questions/Discussion

PRESENTATION AGENDA

MGT is a national research and management

consulting firm, establish in 1974.

Offices in Tallahassee, Florida; Austin, Texas;

Sacramento, California; Olympia, Washington;

and, Bay City, Michigan.

Successfully managed more than 6,400 client

engagements in every state and several

foreign countries.

NATIONAL leader in disparity research and

litigation support.

Conducted approximately 200 disparity

studies – on time and within budget since

1990.

Successfully conducted 16 consortium studies.

MGT OF AMERICA

FLORIDA EXPERIENCE

Pensacola

West Palm Beach

Jacksonville

Orlando

Miami

Hollywood

Tallahassee

Tampa

Hillsborough County

Aviation Authority (1)

School Board of Miami-Dade County (1)

Miami-Dade College (1)

Miami-Dade County (1)

Palm Beach County Schools (1)

City of West Palm Beach (1)

Palm Beach County (1)

South Florida Water Management District (1)

Ft. Lauderdale Broward County (1)

City of Hollywood (1)

City of Pensacola (3)

Jacksonville Transportation Authority (4)

City of Tallahassee (4)

Cummings, Hobbs, and Wallace (1)

Florida Department of Transportation (3)

Leon County (5)

Leon County School District (1)

City of Orlando (1)

Greater Orlando Aviation Authority (1)

Orange County (2)

Orange County Public School Board (1)

Orlando-Orange County Expressway Authority (1)I N

F L O R I D A *

*This includes disparity and disparity-related studies.

NATIONAL EXPERIENCE

MGT conducted the State of

Texas disparity study, which is the

LARGEST AND MOST COMPLEX

disparity study ever conducted.

Expert Witness

H.B. Rowe v. North

Carolina

Department of

Transportation

Expert Witness

Gross Seed v.

Nebraska

Department of

Roads

To date, EVERY program developed or continued as a result of an MGT disparity study remains in place.

*This includes disparity and disparity-related

studies.

EXPERIENCED PROFESSIONALS

Collectively the MGT disparity team members have

OVER 100 years of experience in:

Post-Croson Legal Development

Qualitative and Quantitative Analysis

Economic Research

Construction and Procurement

M/WBE, DBE, ACDBE, SBE, and LDB Programs

Dr. Fred Seamon, Executive-in-Charge

Dr. Vince Eagan, J.D., Technical Advisor

Hope Smith, Quantitative Analyst

Marilyn Wiley, Quantitative Analyst

PRIMARY OBJECTIVES AND OUTCOMES

The primary objective of the study is to assess,

quantify, and evaluate the prevalence,

magnitude, and extent of marketplace

discrimination, if any, against minority, women,

and disadvantaged business enterprises

(M/W/DBE).

The procurement categories that will be

analyzed include: Construction, Architecture &

Engineering, Professional Services, Other Services,

Goods and Supplies, and Airport Concessions.

The timeframe to complete the study is 18 months.

Conduct a private sector analysis, including building permits

analysis, to determine if the Agencies are passive

participants in marketplace discrimination, if any.

METHODOLOGY AND TECHNICAL APPROACH

Framed by research questions designed to address all key elements of a

rigorous, comprehensive and legally defensible study.

1) Is there factual predicate evidence to support a race- and gender-conscious

M/W/DBE program for each agency?

2) How does case law inform the research methodology in a particular region

for a particular client?

3) Are there disparities between the availability and utilization of M/W/DBEs and

ACDBEs? If there are disparities, what are the most relevant causal factors

that contribute directly or indirectly to the disparities between the availability

and utilization of M/W/DBEs and ACDBEs?

4) Are there statistically significant disparities in the utilization of M/W/DBEs and

ACDBEs by prime contractors on projects where there are no M/W/DBEs and

ACDBEs goals?

5) Is there qualitative/anecdotal evidence of disparate treatment of M/W/DBE

subcontractors by prime contractors?

PROJECT TASKS

Establish Legal Framework

Croson

11th Circuit

U.S. DOT Guidelines for Narrow Tailoring

Engineering Contractors and other relevant cases

Peer Review

Broward County

Hillsborough County

City of Jacksonville

Miami-Dade County

Palm Beach County

Pinellas County

PROJECT TASKS

Conduct Data Evaluation

Collect Quantitative Data

Review Policies, Procedures, and Programs

Market Area Analysis

Utilization, Availability, and Disparity Analyses

Conduct Private Sector/Non-Goal Analyses

Review Effectiveness of Race- and Gender-Neutral Remedies

Identify Narrowly Tailored Race- and Gender-Based and Race-

and Gender-Neutral Remedies

Prepare and Present Draft and Final Reports

PROJECT TASKS

Collect Qualitative (Anecdotal) Data

Public meetings

In-depth interviews

Surveys

Focus groups

Business owners are randomly selected to participate in

all except the public meetings activities.

U P C O M I N G P U B L I C H E A R I N G S

Wednesday, January 21, 2015 (Winter

Park/Maitland)

Wednesday, March 11, 2015 (Apopka)

Wednesday, April 8, 2015 (Winter Garden/Ocoee)

QUESTIONS/DISCUSSION

C O N T A C T U S

MR. REGGIE SMITH

850.386.3191

MS. VERNETTA MITCHELL

704.531.4098

[email protected]

www.orangecountydisparity.com

www.MGTofAmerica.com