Exhibit 10.37
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OPEN ACCESS PLANS
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AMENDED AND RESTATED OPEN ACCESS PLANS
OF
JAZZ CASINO COMPANY, L.L.C.
SUBMITTED TO THE COUNCIL OF THE CITY OF NEW ORLEANS
ON
OCTOBER 15, 1998
TABLE OF CONTENTS
Page
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EXECUTIVE SUMMARY.................................................................................................i
GLOSSARY........................................................................................................vii
I. GENERAL....................................................................................................1
A. OVERVIEW........................................................................................1
B. OPEN ACCESS OBJECTIVES..........................................................................2
C. RESPONSIBILITY..................................................................................3
D. ENFORCEMENT.....................................................................................3
E. NEWCORP.........................................................................................3
F. CONTRIBUTIONS TO PUBLIC SUPPORT EFFORTS.........................................................6
G. USE OF MBE/WBE/DBE FINANCIAL INSTITUTIONS.......................................................9
H. BUSINESS DEVELOPMENT ADVISORY COMMITTEE.........................................................9
I. MINORITY INDIVIDUALS AND WOMEN.................................................................10
J. GOAL REASSESSMENTS AND OVERALL REVIEWS AND REASSESSMENTS.......................................10
II. OPEN ACCESS PLAN FOR CONSTRUCTION OF THE CASINO.........................................................15
A. EMPLOYMENT COMPONENT FOR CONSTRUCTION OF THE CASINO
..............................................................................................15
1. Introduction..........................................................................15
2. Open Access Employment Objectives.....................................................15
3. Open Access and Non-discrimination....................................................17
4. Program Implementation and Compliance-Oriented Efforts................................18
5. Reporting.............................................................................28
6. Responsibility........................................................................31
B. CONTRACTING COMPONENT FOR CONSTRUCTION OF THE CASINO
..............................................................................................31
1. Introduction..........................................................................31
2. Open Access Contracting Objectives....................................................31
3. Open Access and Non-Discrimination....................................................32
4. Memorandum of Understanding...........................................................32
5. Bidding Requirements..................................................................33
6. Program Implementation and Compliance-Oriented Efforts................................33
7. Compliance-Oriented Efforts Standards for Construction General Contractors and
Subcontractors........................................................................40
8. Reporting.............................................................................43
9. Certification.........................................................................47
10. Responsibility........................................................................47
III. OPEN ACCESS PLAN FOR OPERATION OF THE CASINO............................................................47
A. EMPLOYMENT COMPONENT FOR OPERATION OF THE CASINO
..............................................................................................48
1. Introduction..........................................................................48
2. Open Access Employment Objectives.....................................................48
3. Open Access and Non-Discrimination....................................................49
4. Program Implementation and Compliance-Oriented Efforts................................50
5. Reporting.............................................................................64
6. Responsibility........................................................................67
B. CONTRACTING COMPONENT FOR OPERATION OF THE CASINO
..............................................................................................68
1. Introduction..........................................................................68
2. Open Access Contracting Objectives....................................................68
3. Open Access and Non-Discrimination....................................................69
4. Program Implementation and Compliance-Oriented Efforts................................70
5. Reporting.............................................................................75
6. Certification.........................................................................80
7. Responsibility........................................................................80
GLOSSARY
1. Amended and Restated Lease Agreement: means that certain Amended and
Restated Lease Agreement approved by the City Council on October 15, 1998, and
effective as of the effective date of HJC's Third Amended Joint Plan of
Reorganization, as modified, by and among the City, RDC and JCC to which the
Open Access Program is attached as Exhibit "C".
2. Business Development Advisory Committee: means the Business Development
Advisory Committee described in Part I, Subpart H of these Open Access Plans.
3. Casino Construction Advisory Committee: means the Casino Construction
Advisory Committee described in Part II, Subpart A.4.b.i. of these Open Access
Plans.
4. Casino Employment Advisory Committee: means the Casino Employment
Advisory Committee described in Part III, Subpart A.4.d.ii. of these Open Access
Plans.
5. City: means the City of New Orleans.
6. City Council: means the Council of the City of New Orleans.
7. Control: shall be determined by reference to factors such as the
following:
a. status as employees, officers or directors of the business;
b. control over the management of the business;
c. authorization to sign checks on the business' bank accounts;
d. participation in significant decisions affecting the business;
e. authority with respect to profit sharing, pension and stock
option plans; and
f. authority with respect to setting salaries and bonuses.
8. Disadvantaged Business Enterprise ("DBE"): means a business that is at
least fifty-one percent (51%) owned and controlled by one or more Disadvantaged
Individuals. An individual and/or business may also be considered disadvantaged,
regardless of race, gender or ethnicity, if
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the social and/or economic circumstances of the business or individual warrant
such designation. JCC will use standards currently used by the Small Business
Administration to evaluate economic circumstances. Under these criteria,
consideration of an applicant who is not included in any of the groups cited in
the definition of Disadvantaged Individual in this glossary will be made on a
case-by-case basis. The applicant will have the responsibility of proving that
he/she warrants the designation as a disadvantaged business based on his/her
present economic and social circumstances.
9. Disadvantaged Individual: means an individual whose ability to compete
for jobs or compete in the free enterprise system is impaired because of
constraints on the following:
a. Lack of opportunity to join professional and business
organizations;
b. Lack of ability to raise capital and obtain credit or bonding
capacity;
c. Lack of educational opportunities; and
d. Lack of training, employment and promotion opportunities. An
individual and/or business may also be considered disadvantaged, regardless of
race, gender or ethnicity, if the social and/or economic circumstances of the
business or individual warrant such designation. JCC will use standards
currently used by the Small Business Administration to evaluate economic
circumstances. Under these criteria, consideration of an applicant who is not
included in any of the groups cited in this definition will be made on a
case-by-case basis. The applicant will have the responsibility of proving that
he/she warrants the designation as a disadvantaged individual or business based
on his/her present economic and social circumstances.
10. Effective Date: means the effective date of HJC's Third Amended Joint
Plan of Reorganization, as modified. 11. GDA: means that certain Amended and
Restated General Development Agreement by and among the City, RDC and JCC dated
of even date with the Amended and Restated Lease Agreement.
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12. HJC: means Xxxxxx'x Jazz Company, a Louisiana general partnership.
13. HNOMC: means Xxxxxx'x New Orleans Management Company, a Nevada
corporation.
14. JCC: means Jazz Casino Company, L.L.C., a Louisiana limited liability
company and successor by operation of law to HJC.
15. Mayor: means the Mayor of the City of New Orleans.
16. Minority Business Enterprise ("MBE"): means a business that is at least
fifty-one percent (51%) owned and controlled by one or more Minority
Individuals.
17. Minority Individual: means an individual who is a member of one or more
of the following groups:
a. African Americans;
b. Hispanic Americans; and
c. Asian Americans.
18. NERA: means National Economic Research Associates, Inc.
19. NERA Study: means the Final Report prepared by XXXX entitled
Discrimination in New Orleans: An Analysis of the Effects of Discrimination on
Minority and Female Employees and Business Owners which was completed on
September 13, 1994 and filed with the Council of the City of New Orleans.
20. Net Hiring for the Quarter: means, for any particular job category,
the figure which results from adding the new hires, plus the promotions and the
transfers into the job category or categories being considered during the
relevant quarter, and then subtracting (from that interim number) the layoffs,
demotions, terminations (both voluntary and involuntary) and transfers out of
the relevant job category during the quarter involved. This number can be
expressed as a percentage by comparing the net hiring figure for a particular
category of Open Access Participants (e.g., non-
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minority women) for a particular job category (e.g., professionals) to the net
hiring figure for everyone in that category for the quarter involved (i.e., the
net hiring of women professionals compared to the net hiring of all
professionals during that quarter).
21. Open Access Participants: means MBEs, WBEs, DBEs, Minority Individuals,
Disadvantaged Individuals, Persons with Disabilities and women.
22. Open Access Participant firms: means MBEs, WBEs and DBEs.
23. Open Access Plans: means these Amended and Restated Open Access Plans
adopted by JCC.
24. Open Access Program: means the MBE/WBE/DBE program attached as Exhibit
"C" to and made a part of the Amended and Restated Lease Agreement.
25. Original Amended Lease Agreement: means that certain Amended and
Restated Lease Agreement by and among HJC, RDC and the City dated as of March
15, 1994.
26. Original Lease Agreement: means that certain Lease Agreement by and
among the City, RDC and Celebration Park Casino, Inc. dated April 27, 1993.
27. Original Open Access Program: means the MBE/WBE/DBE program attached as
Exhibit G to the Original Amended Lease Agreement.
28. Persons with Disabilities: shall be defined as that term is defined in
the Federal Americans with Disabilities Act.
29. RDC: means the Rivergate Development Corporation, a Louisiana public
benefit corporation.
30. Total Employment of Open Access Participants: means, for a particular
employment category at the end of a particular quarter, the percentage of each
category of Open Access Participants in the employment category involved on the
last two (2) payroll days of the quarter, averaged. Thus, the number of a
particular category of Open Access Participants (e.g., non-minority women)
employed
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in a particular job category (e.g., professionals) on the last two (2) payroll
days of the last month of a quarter (e.g., March 15 and March 29 for the first
quarter) is compared to the total number of persons employed in that category on
those two (2) days, with the result expressed as a percentage (e.g., 60
non-minority women professionals out of 200 total professionals on March 15 and
66 non-minority women professionals out of a total of 210 professionals on March
29 would result in 30.73% non-minority women for the first quarter).
31. Women's Business Enterprise ("WBE"): means a business at least
fifty-one percent (51%) of which is owned and controlled by one or more women.
ADDENDA
ADDENDUM A (NEWCORP BOARD OF DIRECTORS)
ADDENDUM B (CASINO CONSTRUCTION ADVISORY COMMITTEE)
ADDENDUM C (MEMORANDUM OF UNDERSTANDING)
ADDENDUM D (PROJECT AGREEMENT)
ADDENDUM E (CERTIFICATION PROCESS)
ADDENDUM F (TRAINING PLANS)
ADDENDUM G (SELECTION STANDARDS FOR TRAINING)
ADDENDUM H (FAMILY AND MEDICAL LEAVE POLICY)
ADDENDUM I (POLICY AGAINST SEXUAL HARASSMENT)
ADDENDUM J (NERA SUPPLEMENTAL MEMORANDUM)
ADDENDUM K (CASINO PRE-OPENING PURCHASES)
ADDENDUM L (CASINO ANNUAL OPERATING PURCHASES)
ADDENDUM M (LETTER REGARDING PREFABRICATION)
ADDENDUM N (CHILD CARE BENEFITS)
ADDENDUM O (CASINO EMPLOYMENT ADVISORY COMMITTEE)
I. GENERAL
A. OVERVIEW
These Open Access Plans have been adopted by JCC and they amend and
restate the Final Open Access Plans adopted by HJC, which were approved by the
City Council in December, 1994 (the "HJC Final Open Access Plans"). The HJC
Final Open Access Plans had been preceded by the Interim Open Access Plans
adopted by HJC , which were approved by the City Council on April 21, 1994 (the
"HJC Interim Open Access Plans"). JCC further adopts Addenda A through O to the
HJC Final Open Access Plans and assumes HJC's ongoing obligations pursuant to
those Addenda. Any references to HJC or Xxxxxx'x contained in the Addenda shall
be deemed to refer to JCC, where appropriate. These Open Access Plans are
designed to be read in conjunction with and to implement the Open Access Program
and are further designed to be subordinate to the Open Access Program.
These Open Access Plans pertain to the construction and operation of
the New Orleans land-based casino operated by JCC (the "Casino"), and are
designed to improve the quality of life of JCC's employees and the citizens of
the New Orleans metropolitan area. To further that commitment, these Open Access
Plans have established aggressive objectives to ensure that all population
groups in the metropolitan community share in the benefits of the construction
and operation of the Casino.
These Open Access Plans describe how JCC will use its experience,
resources, skills and creativity to implement a program to help ameliorate
chronic unemployment and underemployment of traditionally disadvantaged
individuals during the construction and operation of the Casino. They also
describe how JCC will diligently use its resources to increase the utilization
of traditionally disadvantaged businesses while constructing and operating the
Casino.
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These Open Access Plans set forth specific and result-oriented
procedures to which JCC is committed. The procedures reflect JCC's necessary and
reasonable efforts to ensure equal employment and business opportunity for all
population groups in the New Orleans metropolitan community.
HJC's actions were governed by (i) the HJC Interim Open Access Plans
from April 21, 1994 until the HJC Final Open Access Plans were adopted by HJC
and approved by the City Council in December 1994 and (ii) the HJC Final Open
Access Plans after the adoption of such plans by HJC and their approval by the
City Council in December 1994. JCC's actions will be governed by these Open
Access Plans, rather than the HJC Interim Open Access Plans or the HJC Final
Open Access Plans, and once these Open Access Plans are approved by the City
Council. Once such City Council approval has become effective, these Open Access
Plans will completely replace and supersede in their entirety both the HJC
Interim Open Access Plans and the HJC Final Open Access Plans. These Open Access
Plans do not amend or alter any rights or duties established by the Open Access
Program. In the event of any conflict between these Open Access Plans and the
Open Access Program, the provisions of the Open Access Program shall control.
B. OPEN ACCESS OBJECTIVES
These Open Access Plans reflect JCC's strategy for achieving the
following primary long-term open access objectives:
- To enhance participation of MBEs, WBEs and DBEs in the private
business sector by employing innovative methods that will strengthen
and expand the capability of these businesses to compete for contracts
of increasing size and complexity; and
- To create new employment opportunities and upgrade the job skills of
employees in the gaming industry, especially among traditionally
disadvantaged employee groups.
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C. RESPONSIBILITY
JCC assumes ultimate responsibility for the success of these Open
Access Plans. JCC will appoint a director with direct reporting responsibility
to the Chief Executive Officer of JCC. Such director will have responsibility
for coordinating the various components of these Open Access Plans with respect
to both JCC and HNOMC. JCC continues to take full responsibility for any aspects
of the implementation of these Open Access Plans that may be delegated to HNOMC.
Any references herein to the Open Access Program Officer (or Office) pertain to
that person (or that person's office) and those working under his/her
supervision.
D. ENFORCEMENT
The provisions for enforcement of these Open Access Plans by the City
are contained in Part IV of the Open Access Program.
E. NEWCORP JCC's goal is not only to increase contractual participation by
Open Access Participant firms for the Casino project, but also to provide an
ongoing development program that will strengthen and increase the number of
minority-owned and women-owned and operated firms over the long term.
Recognizing that this will require some innovative measures, HJC previously
created and provided initial capitalization of $500,000 for Newcorp, an open
access business development corporation whose purpose is to xxxxxx the
establishment, expansion and economic participation of Open Access
Participant firms. In addition, JCC will annually underwrite staffing costs,
office expenses and promotion of Newcorp for five (5) years commencing on the
Effective Date at a minimum of $250,000 per annum. The $250,000 payment for
the first year shall be paid in full on the Effective Date. The subsequent
annual payments of $250,000 shall be paid quarterly in equal installments of
$62,500 per quarter, in accordance with Part II, Subpart B of the Open
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Access Program. JCC's financial commitments with respect to Newcorp are in
addition to the contributions to public support efforts described below. As set
forth in Part IV, Subparts A and D of the Open Access Program, these quarterly
payments shall be reported in the quarterly reports provided the RDC, the Mayor
of the City of New Orleans (the "Mayor") and the City Council pursuant to Part
II, Subpart C; Part IV, Subpart F; and Part V, Subpart B of the Open Access
Program. All expenditures made by Newcorp will be audited by an independent
auditor on at least an annual basis to ensure that all such payments are proper
and in accordance with the corporate purpose of Newcorp.
The Newcorp Board of Directors is composed of nine (9) members as
follows:
- two (2) board members are from the City's disadvantaged business office
and/or the economic development office or similar office established by
the Mayor;
- one (1) board member is a designated representative of the City
Council;
- two (2) board members are representatives from the New Orleans
business community, each possessing a minimum of five (5) years
business experience, one (1) selected by the New Orleans Business
Council and one (1) selected by the Black Economic Development
Council;
- three (3) board members are selected by JCC, including one (1) selected
by HNOMC; o one (1) Board member from those agencies which serve
Persons with Disabilities, to be appointed by the other eight (8)
members of the Board of Directors.
The membership of the Newcorp Board of Directors may be changed from
time to time provided that the foregoing requirements are met. (See Addendum A
to these Open Access Plans for a list of the most recent Board of Directors of
Newcorp.)
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The primary responsibilities of Newcorp are to:
- Identify business opportunities and facilitate participation in the
gaming industry by Open Access Participants and persons interested in
starting businesses;
- Provide assistance through creation of a small business incubator,
offering support to Open Access Participants in the form of office
space, as well as management, site identification, accounting,
marketing and financing assistance;
- Assist Open Access Participants in receiving assistance from existing
city, state and federal agencies designed to help Open Access
Participants;
- Assist Open Access Participants in reaching joint venture and
subcontract agreements with majority contractors, particularly with
regard to issues involving control and scope of work;
- Assist Open Access Participants in making the most effective use of
existing loan and venture capital funds;
- Maintain and operate a room to facilitate the certification and bidding
processes;
- Assist, where appropriate, in the process of resolving job-related
technical and administrative problems;
- Make limited short-term working capital loans and grants to Open Access
Participants pursuant to written criteria developed and approved by the
Newcorp Board of Directors.
These services are intended to help develop the competence and
experience of Open Access Participants so that they can grow from a point of
relative dependency on technical assistance and resources provided by others to
one of greater independence.
F. CONTRIBUTIONS TO PUBLIC SUPPORT EFFORTS
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Pursuant to Part II, Introduction, paragraph 5; Part II, Subpart T; and
Part IV, Subparts A.1.d. and D of the Open Access Program, JCC will donate an
aggregate amount of $2,500,000 as contributions to public support efforts over
the course of five (5) years. These contributions shall be payable in five (5)
annual installments of $500,000 per year, the first of which shall be made as of
the opening date of the Casino, with additional $500,000 installments to be paid
on each of the first, second, third and fourth anniversary dates thereafter
(funded each year in quarterly installments to a separate account established
for that purpose as stated below). These annual contributions are in addition to
the initial capitalization of Newcorp and the $250,000 annual payments to
Newcorp described above. Such donations are designed to enhance existing
business development programs and other public support endeavors, and will be
made based on the following criteria:
- Potential recipients of such funds will be identified by: (i)
applications from potential recipients; (ii) recommendations
from public and private agencies and officials; (iii) JCC on its own
initiative; or (iv) otherwise as the circumstances may allow;
- JCC shall decide upon the recipients and the amounts of such funds,
keeping the RDC, the Mayor and the City Council advised on a quarterly
basis in the quarterly reports described in Part II, Subpart C; Part
IV, Subpart F; and Part V, Subpart B of the Open Access Program. This
will be accomplished by the President of HNOMC, as assisted by his or
her staff and as authorized by the member(s) of JCC. A form of
application will be prepared and distributed within sixty (60) days
after the Effective Date;
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- All grant applications must articulate specific goals to be achieved.
Preference will be given to applications for grants of $20,000 or less.
However, subsequent grants to the same entity are possible for larger
projects, provided the recipient has achieved the goals articulated in
the first grant. Applicants that anticipate applying for a series of
small grants may say so in their first application, and may describe
the overall project they hope to develop. However, as noted,
subsequent grants will only be made to an entity or individual if JCC's
monitoring determines that the first grant was used for the intended
purposes.
The intended focus of such contributions to public support efforts will
be on programs aimed at fostering emerging or new Open Access Participant firms
and the training and skills improvements that will allow Open Access
Participants to participate in and benefit from new and existing business
opportunities. This delineation of the intended uses of the funds is intended to
be illustrative, but not necessarily comprehensive, as it is not possible to
list all types of activities that fit within the terms "existing business
development programs and other public support endeavors." Undoubtedly the
creative individuals and organizations that engage in such activities both now
and in future years will advance a broad array of opportunities for
consideration. All contributions are subject to those statutes, regulations and
guidelines promulgated by the State and Federal governments and their
instrumentalities, which govern spending by JCC.
At the beginning of each quarter (commencing with the opening date
of the Casino), JCC shall pay twenty-five percent (25%) of the public
support efforts funds for the year (i.e. $125,000 of the yearly amount of
$500,000) into a separate account. On a monthly, or such other basis as
specified in approved grants, payments shall be made from that account to
approved grant recipients, pursuant to the process articulated above. Any of
these funds not disbursed during the
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quarter shall remain in the separate account, to be disbursed, along with the
funds to be added by JCC during the next quarter, to approved grant recipients
in accordance with the disbursal schedule specified in the approved grants. It
is the intent of this public support efforts funding process that, by the end of
the year, the entire $500,000 shall have been paid into the separate fund, with
as much of it disbursed to approved grant recipients as possible.
JCC shall include in each quarterly report to the RDC, the Mayor and
the City Council, in accordance with Part II, Subpart C; Part IV, Subpart F; and
Part V, Subpart B of the Open Access Program, a report showing the amount JCC
paid into the separate account during the quarter, the amount disbursed to
approved grant recipients under this public support efforts program during the
quarter, and the amount remaining in the separate account at the end of the
quarter. Said report shall also list the amount for each of these items on a
year-to-date basis.
If any moneys remain undisbursed in the separate account at the end of
the year, they, along with any interest in the account, shall be carried
forward, to be disbursed to approved grant recipients in subsequent quarters.
G. USE OF MBE/WBE/DBE FINANCIAL INSTITUTIONS
The Open Access Program Office will maintain an up-to-date listing of
local and regional financial institutions which are owned and controlled by
Minority Individuals, women or Persons with Disabilities. The listing will
reflect the latest knowledge available to JCC regarding the full range of
services provided by each firm listed, and will be maintained by JCC for its own
use and that of Open Access Participants and others seeking financial services.
The Open Access Program Officer will serve as JCC's primary staff to carry out
its policy of utilizing these financial institutions.
H. BUSINESS DEVELOPMENT ADVISORY COMMITTEE
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In addition to the Casino Construction Advisory Committee (see Part II,
Subpart A.4.b.i. hereof) and the Casino Employment Advisory Committee (see Part
III, Subpart A.4.d.ii. hereof) mentioned elsewhere in these Open Access Plans,
dealing, respectively, with the construction of the Casino and with employment
during its operation, JCC will appoint a Business Development Advisory Committee
to focus on business development issues. This Business Development Advisory
Committee shall, at all times, have at least five (5) members and will be
composed of business, community and university representatives, as well as
representatives of JCC. Some of the members of the Business Development Advisory
Committee may be members of other advisory committees, but the membership of the
advisory committees will not completely overlap. This Business Development
Advisory Committee will meet at least quarterly to consider steps being taken by
JCC and Newcorp to encourage business development among disadvantaged segments
of the New Orleans community, especially with regard to the procurement of
commodities and services in connection with the operation of the Casino and with
regard to supplies for the construction of the Casino.
I. MINORITY INDIVIDUALS AND WOMEN
Based on the information set forth in the NERA Study, the groups which
shall be treated as Minority Individuals for purposes of the goals set forth in
these Open Access Plans are African Americans, Asians and Hispanics. These Open
Access Plans also set goals for women and WBEs based upon the availability
percentages identified by NERA in the NERA Study.
J. GOAL REASSESSMENTS AND OVERALL REVIEWS AND REASSESSMENTS
1. Goal Reassessments. In accordance with Part V, Subpart I, paragraph
2 of the Open Access Program, JCC shall conduct periodic reassessments of the
goals regarding Open Access Participants contained in these Open Access Plans
throughout the term of the Amended and
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Restated Lease Agreement. The first of these periodic goal reassessments will be
conducted beginning in September 2000 (to be completed no later than March 31,
2001). Pursuant to Part V, Subpart I, paragraph 2 of the Open Access Program,
subsequent goal reassessments will take place every ten (10) years, beginning in
September of each year ending in a "0" and concluding no later than March of
each year ending in a "1".
The goal reassessments will be performed by an independent and
experienced consulting firm to be selected from those responding to widely
distributed Requests for Proposals drafted by a person (or company) chosen
jointly by JCC and the City Council, who may also serve as the jointly chosen
member of the selection and monitoring team (described in the next sentence).
Each selection of an independent and experienced consulting firm to perform the
reassessment will be made by a three (3) member committee composed of one
representative of JCC, one representative of the City Council and a third person
chosen jointly by JCC and the City Council. The three (3) member committee that
selects the consulting firm shall also serve as the monitoring team to oversee
that goal reassessment, in the same manner as the NERA Study was monitored, in
accordance with Part I, Subpart C and Part V, Subpart I, paragraph 4 of the Open
Access Program. For each goal reassessment, JCC shall pay the contractual
charges of the independent consulting firm that conducts each goal reassessment
and shall pay the fees and expenses of the monitoring team members, up to the
following maximum amounts:
(a) JCC shall pay no more than the equivalent of $250,000 "in 1994
dollars" to the independent consulting firm conducting the reassessment, unless
the three-member selection committee agrees that a qualified, experienced and
independent consulting firm cannot be hired to conduct an appropriate goal
reassessment for that amount.
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(b) JCC shall pay the fees and expenses of the City-chosen monitor up
to the larger of: (1) the equivalent of $25,000 "in 1994 dollars", or (2) 10% of
the amount paid to the independent consulting firm conducting that reassessment,
or (3) the amount JCC pays its monitor for that reassessment. JCC shall also pay
the fees and expenses of the jointly chosen monitor for each goal reassessment,
up to the maximum amount set in the prior sentence.
(c) JCC shall pay the reasonable fees and expenses of the City Council
consultants incurred in advising the Council concerning the goal reassessment
process. For each goal reassessment, JCC will pay the City Council's consultant
fees and expenses up to the larger of: (1) the equivalent of $125,000 "in 1994
dollars" or (2) 50% of the amount paid to the independent consulting firm
conducting that reassessment.
For purposes of paragraphs a. through c., above, the term "in 1994
dollars" means that the dollar limits listed in this paragraph shall be adjusted
to take account of inflation from January 1, 1994, to the date of payment. JCC's
obligations to reimburse the City for the monitors' and consultants' fees and
expenses, up to the above limits, shall be conditioned upon the monitors and
consultants sending to JCC, as well as to the City, copies of their invoices
showing hours worked by the persons involved and generally describing the type
of work done (but not including hourly billing sheets).
These reassessments of goals shall utilize methodology comparable to
that used in the NERA Study, in order to determine availability of Minority
Individuals and women for employment and availability of MBEs and WBEs for
contracting, and shall utilize JCC's best projections of its anticipated
employment and contracting needs, as well as then-current census and/or similar
demographic data. If a goal reassessment reveals changes in the availability of
Minority Individuals, women, MBEs and/or WBEs, JCC or the City may propose
adjustments of the
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employment and contracting goals contained in these Open Access Plans to reflect
those changes. Any amendments to these Open Access Plans resulting from a goal
reassessment must be submitted for approval by the City Council pursuant to the
City Council's rules for adoption of motions in accordance with Part V, Subpart
I, paragraph 4 of the Open Access Program.
2. Overall Reviews and Reassessments. Pursuant to Part V, Subpart I,
paragraph 1 of the Open Access Program, every ten (10) years, JCC will also
conduct an overall review and reassessment of these Open Access Plans, in the
form of an overall review and reassessment conducted by an independent and
experienced consulting firm. The first such overall review and reassessment
shall be commenced no later than September 30, 2005 and shall be completed no
later than June 30, 2006. Pursuant to Part V, Subpart I, paragraph 1 of the Open
Access Program, subsequent overall reviews and reassessments will take place
every ten (10) years commencing no later than September 30 each year ending in a
"5" and concluding no later than June 30 of each year ending in a "6". All such
overall reviews and reassessments will be of the scope and scale of the NERA
Study and will be based upon methodology comparable to that used by the NERA
Study, as modified to accommodate the then-controlling legal standards.
The independent and experienced consulting firm to be charged with the
conduct of any overall review and reassessment shall be selected and monitored
by the same method (widely circulated Requests for Proposals, three-member (3)
committee and monitoring team, etc.) described above for the selection of an
independent consulting firm for the goal reassessments. For each overall review
and reassessment, JCC shall pay the contractual charges of the independent
consulting firm that conducts each overall review and reassessment and shall pay
the fees and expenses of the monitoring team members, up to the following
maximum amounts:
12
a. JCC shall pay no more than the equivalent of $600,000 "in 1994
dollars" to the independent consulting firm conducting the study, unless the
three (3) member selection committee agrees that a qualified, experienced and
independent consulting firm cannot be hired to conduct an appropriate overall
review and reassessment for that amount.
b. JCC will pay the fees and expenses of the City-chosen monitor up to
the larger of: (1) the equivalent of $60,000 "in 1994 dollars", or (2) 10% of
the amount paid to the independent consulting firm conducting that overall
review and reassessment, or (3) the amount JCC pays its monitor for that overall
review and reassessment. JCC will also pay the fees and expenses of the jointly
chosen monitor for each overall review and reassessment up to the maximum amount
set in the prior sentence.
c. JCC will also pay the reasonable fees and expenses of City Council
consultants incurred in advising the City Council on the overall review and
reassessment process and on any Open Access Program or Open Access Plan
amendments which may be proposed in light of that overall study. For each
overall review and reassessment, JCC will pay the City Council's consultant fees
and expenses up to the larger of: (1) the equivalent of $250,000 "in 1994
dollars" or (2) 41.67% of the amount paid to the independent consulting firm
conducting that overall review and reassessment.
For purposes of paragraphs a. through c., above, the term "in
1994 dollars," means that the dollar limits listed in this paragraph shall be
adjusted to take account of inflation from January 1, 1994 to the date of
payment. JCC's obligations to reimburse the City for the monitors' and
consultants' fees and expenses, up to the above limits, shall be conditioned
upon the monitors and consultants sending to JCC as well as to the City copies
of their invoices showing
13
hours worked by the persons involved and generally describing the type of work
done (but not including hourly billing sheets).
Each overall review and reassessment shall be conducted on the same
terms as those described in Part I, Subpart J.1, above, including but not
limited to the selection of the independent and experienced consulting firm,
methodology, monitoring and payment scheme. If an overall review and
reassessment reveals changes in the availability of Minority Individuals, women,
MBEs and/or WBEs, JCC or the City may propose adjustments of the employment and
contracting goals contained in these Open Access Plans to reflect those changes.
Any amendments to these Open Access Plans resulting from an overall review and
reassessment must be submitted for approval by the City Council pursuant to the
City Council's rules for adoption of motions in accordance with Part V, Subpart
I, paragraph 4 of the Open Access Program.
II. OPEN ACCESS PLAN FOR CONSTRUCTION OF THE CASINO
JCC has developed this Open Access Plan for Construction of the Casino
as the mechanism for achieving JCC's Open Access objectives during the
construction of the Casino and any renovation to be carried out in connection
with the Casino. The Open Access Plan for Construction of the Casino contains
two (2) components, one directed at employment of women and Minority
Individuals, and the other directed at the award of prime contracts and
subcontracts (for construction work and any future renovation) to Open Access
Participant firms.
A. EMPLOYMENT COMPONENT FOR CONSTRUCTION OF THE CASINO
1. Introduction
14
JCC will make all necessary and reasonable efforts to provide expanded
employment opportunities for Minority Individuals, women and Persons with
Disabilities, and to provide equal opportunity for all, during the construction
and any renovation associated with the Casino.
2. Open Access Employment Objectives
JCC will make all necessary and reasonable efforts, through the means
set forth below, to achieve levels of employment among those engaged in
construction and any renovation associated with the Casino commensurate with
their actual availability in the relevant labor market. The NERA Study has found
such actual availability to be as follows:
Minority Individuals
--------------------
Officials and Managers 12.0%
Professionals 19.2%
Craft Workers 43.7%
Apprentices & Laborers 48.7%
Non-minority Women
------------------
Officials and Managers 18.6%
Professionals 7.9%
Craft Workers 1.8%
Apprentices & Laborers 1.4%
Following the method used by NERA in the NERA Study, JCC will
calculate the utilization of Minority Individuals and non-minority women by
their representation among the total number of individuals employed directly by
JCC plus those employed by any contractor or subcontractor on the construction
project during any given quarter. For Managers and Professionals, that
representation will be determined based upon the numbers of persons employed
primarily on the construction job site. Representation among Craft Workers and
Apprentices and Laborers will be determined based upon hours worked by Minority
Individuals and women on the job site compared with total hours worked by all
persons in these job categories on the job site. Because NERA's availability
analysis was based on the assumption that minority women would be counted
15
as Minority Individuals rather than as women, JCC will count minority women in
that way. See NERA Study, Tables 8.2 to 8.4.
As suggested by the NERA Study, finding that potential availability of
Minority Individuals and MBEs greatly exceeds actual availability, JCC
anticipates that such actual availability will increase as a result of the
activities described in these Open Access Plans and other efforts to remove
discriminatory barriers. Accordingly, JCC anticipates significant incremental
increases in its hiring and contracting goals as a result of the goal
reassessments that will commence in September 2000 in accordance with Part I,
Subpart J.1 of these Open Access Plans and Part V, Subpart I, paragraph 2 of the
Open Access Program.
3. Open Access and Non-discrimination
JCC, its general contractors and its subcontractors will provide equal
employment opportunity and Open Access for all persons and will recruit and
administer hiring, working conditions, benefits and privileges of employment,
compensation, training, opportunities for advancement (including upgrades and
promotions), transfers and terminations of employment, all without
discrimination based upon race, color, religion, national origin, sex, age,
disability or sexual orientation.
The objective of this Open Access Plan for Construction of the Casino
is to ensure that all individuals receive equality of opportunity limited only
by each person's ability. This objective calls for a work environment free of
discrimination in employment because of race, color, religion, national origin,
sex, age, disability or sexual orientation. In order to achieve this goal, JCC
will engage in a process of continuous monitoring and reporting.
In addition, JCC, its general contractors and its subcontractors will
fully comply with all applicable local, state and federal laws and regulations
implementing equal employment
16
opportunity objectives, not only by meeting the letter of the law, but by
carrying out the full spirit of equal opportunity and Open Access.
JCC considers the Open Access Plan for Construction of the Casino to be
an inclusive tool to facilitate the expansion of equal opportunity. The
numerical utilization objectives established by the Open Access Plan for
Construction of the Casino are not quotas but goals to be kept prominently in
mind in an effort to achieve a work force that fairly reflects the make up of
the available labor pool. JCC, its general contractors and its subcontractors
will ensure that all applicants and employees are treated without regard to
their race, color, religion, sex, national origin, age, disability or sexual
orientation.
4. Program Implementation and Compliance-Oriented Efforts
JCC will take the following specific actions to demonstrate its best
efforts to realize the purposes described above:
a. Outreach: JCC shall utilize the services of official public agencies
responsible for recruitment and placement of Orleans Parish residents. In its
recruiting processes and requests, JCC shall notify all JCC contractors and
subcontractors in writing of JCC's residency and Open Access Participant goals
(as that term is defined in the Glossary to the Open Access Program), and, if
possible, shall require contractors and subcontractors to adopt the same hiring
goals as JCC has adopted in its Amended and Restated Open Access Plan for
Construction Employment, for all projects conducted by JCC.
b. Management:
i. Casino Construction Advisory Committee. JCC has appointed and
will continue to maintain a Casino Construction Advisory Committee composed of
business, community and university representatives, as well as representatives
of JCC. Some of these Casino Construction
17
Advisory Committee members may be members of other advisory committees that have
been or will be created under the Open Access Program, but the membership of the
advisory committees shall not completely overlap. This Advisory Committee shall
at all times have a minimum of five (5) members. (See Addendum B to these Open
Access Plans for a list of the initial members). This Advisory Committee will
meet at least quarterly to review progress in pursuing the objectives of the
Open Access Program with regard to both employment and contracting in connection
with the construction and any renovation of the Casino.
ii. Compliance Monitoring. JCC shall monitor its general
contractors, subcontractors and unions for compliance with the construction
employment provisions of the Open Access Program and these Open Access Plans.
JCC's monitoring will include at least quarterly review of a general
contractor's or subcontractor's success in meeting the employment goals for this
Open Access Plan for the Construction of the Casino, and, where those goals have
not been met, a review of the records of JCC's general contractors',
subcontractors', and unions' efforts to meet those goals.
iii. JCC's monitoring shall include the following actions:
- Desk audits to review material and information concerning the
general contractors', subcontractors' and unions' compliance;
- On-site reviews that include interviews, visits to the
construction site, and inspection of documents and/or
information not available at the desk audit that pertain to the
general contractors', subcontractors' and unions' compliance;
- Additional investigations by JCC that may be necessitated by a
lack of proper record keeping, failure of the general
contractor,
18
subcontractor, or union to cooperate, visible evidence of
unsatisfactory performance, or other evidence as may indicate
the need for further investigation;
- Investigation of credible allegations that a union hiring hall
has refused to register or refused to refer a person who came
to the union hiring hall for registration.
iv. Regularly scheduled meetings among representatives of Mayor's
Office of Small and Emerging Business Development (or its successor), the RDC
and JCC will be held every month, unless more frequent meetings are needed, to
review the information described in Part II, Subparts A.4.d. and A.4.e.iii.,
below.
v. Meetings among representatives of the RDC, the City Council,
unions, general contractors and JCC will be scheduled every six (6) weeks.
c. Contractors and Subcontractors:
i. Memorandum of Understanding. JCC has entered into and will
maintain a Memorandum of Understanding with each general contractor, requiring
the contractor to comply with all obligations imposed by the Open Access Program
and these Open Access Plans. (See Addendum C to these Open Access Plans). JCC
has and will continue to communicate to each general contractor, and will ensure
that each general contractor includes a clause in each subcontract requiring
subcontractors to do the same things that the prime contractor must do under the
Memorandum of Understanding. Copies of such written communications shall be
maintained in the files of JCC. JCC will also communicate to each general
contractor and ensure that each general contractor includes a clause in each
subcontract requiring its subcontractors to do the following things:
19
- Work Environment. Ensure and maintain a work environment free
of harassment, intimidation or coercion; ensure that all
foremen, superintendents and other on-site supervisory
personnel are aware of their obligations to maintain such a
working environment with specific attention to Minority
Individuals, women and Persons with Disabilities.
- Recruitment Sources. Establish and maintain a current list of
sources for the recruitment of Minority Individuals, women and
Persons with Disabilities, and provide written notification to
such recruitment sources and to community organizations when
the general contractor, subcontractor or their unions have
employment opportunities available and maintain a record of the
organizations' responses. As part of the overall Open Access
recruitment efforts in accordance with this paragraph, the
subcontractors will make special efforts to recruit
African-American men.
- Applicant Records. Maintain a current file of the names,
addresses and telephone numbers of each individual referred to
the general contractor or to any subcontractor by a union, a
recruitment source or community organization, or referred by
the general contractor or any subcontractor to the union,
including an indication of the individual's race, gender and,
if known, disability status, and a statement of what action was
taken with respect to each individual. If a Minority
Individual, woman or Person with a Disability was sent to the
union
20
hiring hall for referral and was not referred back to the
general contractor or subcontractor by the union or, if
referred, was not employed by the general contractor or
subcontractor, this shall be documented in the file with the
reason(s) therefor, along with whatever additional actions the
general contractor or subcontractor may have taken.
- Notice to JCC. At the end of each calendar month, provide
written notification to JCC of the identity of any Minority
Individual, woman or Person with a Disability referred by the
contractor or subcontractor to the hiring hall who has not yet
been referred back to the general contractor or subcontractor
for employment. Also, each contractor and subcontractor shall
immediately notify JCC of any other information coming to its
attention indicating that the union referral process has
impeded the contractor's or subcontractor's efforts to meet its
obligations under the Open Access Plan for Construction of the
Casino. Upon receipt of such notification, JCC will make
appropriate inquiries of the relevant union to determine the
reasons for such non-referral.
- Policy Distribution. Disseminate the general contractor's
EEO/Open Access policy, by providing notice of the policy to
unions and requiring their cooperation in pursuing it; by
specific review of the EEO/Open Access policy with all
management personnel including all employees having any
responsibility for hiring, assignment,
21
layoff, termination or other employment decisions, with on-site
supervisory personnel (including superintendents and general
foremen) prior to the initiation of construction work; by
distributing the policy to all employees who are Minority
Individuals, women and Persons with Disabilities; and by
posting and maintaining the EEO/Open Access policy on a
bulletin board accessible to all employees at the Casino
construction sites prior to the hiring of employees for the
project.
- Recruiting. Direct its recruitment efforts, both oral and
written, to minority, women's and disability-oriented community
organizations, to schools with primarily minority or women
students or students with disabilities and to minority, women's
and disability-oriented recruitment and training organizations
serving the general contractor's or subcontractor's employment
needs. JCC will require all general and subcontractors to make
reasonable efforts to inform potential employees that the union
may not require them to be members of the union in order to be
referred for employment, and that they can contact the general
contractor or JCC if they are prevented from registering for
referral at a union hiring hall.
- Employee Referral. Encourage all employees, including present
employees who are Minority Individuals, women and Persons with
Disabilities, to recruit other construction workers who are
Minority
22
Individuals, women and Persons with Disabilities and inform JCC
concerning the availability of such persons.
- Employment Practices. Ensure that seniority practices, job
classifications, work assignments and other personnel practices
do not have a discriminatory effect by monitoring personnel and
employment-related activities. JCC will require the general
contractor and subcontractors to take care to ensure that no
selection criteria used include irrelevant or unnecessary
elements which have a negative effect upon recruitment and/or
hiring of Minority Individuals, Disadvantaged Individuals or
women.
- Facilities. Ensure that all facilities and activities are
maintained on a desegregated and gender-neutral basis except
that separate or single-user toilet and necessary changing
facilities shall be provided to assure privacy between the
sexes.
ii. In the event JCC believes that any contractor or subcontractor
is in violation of the Memorandum of Understanding with respect to hiring, based
upon the availability of Open Access Participants in the trades and occupations
used by that contractor or subcontractor, as measured by the disaggregated NERA
data set forth in the NERA Study, then JCC will pro-actively assist that
contractor or subcontractor to improve their performance.
23
d. Projections of Hiring Needs:
i. JCC and its general contractors will identify the unions and
subcontractors that have not recruited minority and non-minority women craft
workers at the level of actual availability for the craft involved and will
pro-actively assist them in doing so.
ii. The general contractors and JCC will supply monthly and
quarterly projections for the particular number of persons needed, by craft and
trade, on anticipated dates, and this information will be regularly updated.
These projections will be produced by "manloading" the hours and trades on the
Primavera and other software.
- These projections will cover new construction, maintenance,
and renovations.
- JCC will widely distribute the projections to subcontractors,
potential subcontractors, vocational-technical schools and
other training programs, and potential employees via the
community outreach methods described in these Open Access Plans
and via the methods described in Part II, Subparts
A.4.e.vi.-ix., below.
iii. Both subcontractors and unions will supply to JCC specific
information regarding their performance. JCC will supply specific information
about recruitment and hourly employment, by craft, to the City and the RDC.
Also, JCC and the general contractors will inform the unions of the specific
effects of particular subcontractors keeping their supervisory personnel in
place.
iv. JCC and the general contractors will produce and report to the
City and the RDC the information identified in Part II, Subpart A.4.d.i.-iii.,
above, as follows: (a) monthly during the construction of the Casino-Phase I (as
defined in the Amended and Restated General
24
Development Agreement); (b) for any employment category for which JCC has failed
to meet the goal during construction of the Casino-Phase I, monthly until JCC
has achieved the goal in that employment category for two (2) consecutive
quarters; and (c) after the Casino-Phase I is completed, quarterly, except that
if JCC fails to achieve the goal in any employment category in a quarter, the
reporting on the items specified in Part II, Subpart A.4.d.i.-iii., above, shall
be monthly until such time as JCC has achieved the goals in that employment
category for two (2) consecutive quarters, after which reporting will return to
quarterly (any subsequent failure to achieve the employment goals in such
category will similarly result in a change to monthly reporting, to revert to
quarterly as specified in this Subpart A.4.d.iv.). However, for any construction
or renovation projects undertaken after the opening of the Casino, the
information identified in Part II, Subpart A.4.d.i.-iii., above, shall be
reported to the City Council and the RDC on a monthly basis, unless the parties
agree otherwise by amending this provision.
e. Unions:
i. Union Compliance with Open Access Program. JCC will require any
union which is a signatory to the Project Agreement to adhere to the
requirements of the Open Access Program and these Open Access Plans. (See the
Project Agreement, attached as Addendum D to these Open Access Plans.) The
Project Agreement shall not foreclose any subcontractor without a collective
bargaining agreement from assigning supervisory personnel to perform work
otherwise covered under the Project Agreement if those supervisory employees (a)
have been employed by the subcontractor within the prior one hundred twenty
(120) days, and (b) have registered with the respective craft unions.
ii. Union Referrals. JCC shall specify that the union's opinion of
an applicant's qualifications, or lack thereof, shall not be a ground for
refusal to refer the applicant. In
25
referring all applicants, the union may provide to the contractor a written
statement of whether it finds the applicant qualified or unqualified and if it
finds the applicant unqualified, it shall provide a full statement of the
reasons why. Each union shall also post a notice in a prominent location on the
wall of its hiring hall that states that it may not require union membership as
a condition of referral for employment. (See Addendum D).
iii. Union Reporting. JCC will require any union which is a
signatory to the Project Agreement to report to JCC at the end of each calendar
month on the names, race, gender and disabled status (if known) of: (a) all
persons, whether or not union members, who come to the hiring hall to register
for referral for work on the Casino, including the date when such request for
registration occurs and the disposition of that request; (b) all persons on the
list of names from which referrals for work on the Casino will be drawn, set
forth in order of priority for referral; and (c) all persons actually referred
by the union hiring hall for work on the Casino. JCC shall also require the
union to report at the end of each calendar month on the reasons for the union
failing to refer for employment any Minority Individuals, women or Persons with
Disabilities who have come to the hiring hall for registration or referral.
Copies of the written materials submitted to JCC by any union in connection with
the requirements of this Subpart A.4.e.iii. will be furnished to the RDC within
fourteen (14) days (or sooner if practical under the circumstances) after they
are received by JCC.
iv. Right to Work. When recruiting workers for the construction
projects, JCC will make reasonable efforts to inform them that the union may not
require them to be members of the union in order to be referred for employment,
and that they can contact JCC's compliance officer if they encounter
difficulties in their attempts to register with a union hiring hall.
26
v. The Union Review Council, along with an RDC representative, will
meet weekly (in person or by conference call) to review any and all complaints
regarding the implementation of these Open Access Plans.
vi. JCC will designate persons who will function to monitor union
activity on a weekly basis.
vii. JCC and the unions will be pro-active and will work aggressively
with vocational-technical schools and other training programs to recruit members
of minority groups and non-minority women. The unions will designate specific
persons to perform these outreach functions.
viii. The general contractors, JCC and the unions will prepare
educational materials and make presentations to potential employees regarding
their obligations to the unions, to the employer and others.
ix. There will be additional outreach efforts by JCC and the unions
via the State Employment Service and the radio stations and newspapers that
service the African-American community and female audiences. These efforts will
include increased contacts with churches and religious organizations,
community-based organizations and minority trade groups.
5. Reporting
JCC will report to the RDC, the Mayor and the City Council within one
(1) month following the end of each calendar quarter (January-March, April-June,
July-September, October-December) concerning certain employment information
relating to the demolition, construction and any renovation of the Casino. These
reports shall set forth in detail the steps taken by JCC during the reporting
period to implement the provisions of the Open Access Plan for
27
Construction of the Casino with regard to employment (including the relevant
portions of Part II, Subpart C; Part IV, Subpart F; and Part V, Subpart B of the
Open Access Program).
In addition, the report shall include the total number of individuals
employed by JCC, the general contractor or any subcontractor to work primarily
on-site on the construction and any renovation of the Casino during the previous
quarter. This employment shall further be broken down into the four (4)
occupational categories identified in the NERA Study, and presented in terms of
both the number of such employees and the number of hours worked by employees
classified as Minority Individuals and non-minority women, as compared to the
total number of employees and the total hours worked by all employees during the
relevant period, respectively. Because NERA's availability analysis was based on
the assumption that minority women would be counted as Minority Individuals and
not as women, JCC will count minority women in that way. Insofar as JCC receives
any information on the disabled status of individuals employed in the
construction of the Casino, it shall likewise report that information on a
quarterly basis.
The quarterly reports will also contain a tabulation, by union, of the
number of Minority Individuals, women and Persons with Disabilities who have
come to the union hiring hall to register during the quarter, showing those who
were and were not referred for work during the quarter.
In reporting on JCC's progress toward achieving its goals for the
quarter, JCC will compare its performance data against the goals as set forth in
this Open Access Plan for Construction of the Casino. JCC will also report on
the current make-up of the workforce (in terms of race and gender) on the last
two (2) payroll days of the quarter covered by the reports.
28
JCC will include in the reports any explanatory or background
information which it believes will aid in understanding or interpreting the data
being reported, and information on any other relevant subjects as requested by
the Mayor and/or the City Council.
Notwithstanding the foregoing obligations for JCC's quarterly reports,
the RDC, the Mayor and the City Council acknowledge that, as an on-going matter,
periodic revisions and adjustments to JCC's reporting obligations will be
needed. On or before November 20, 1998, representatives of the RDC, the Mayor,
the City Council and JCC will meet, at a time and place that is mutually
acceptable to the parties, for the purpose of materially reducing the reporting
burden upon JCC of the Open Access Program and the Open Access Plans in a manner
that is consistent with the Mayor's and the City Council's needs to evaluate
fully JCC's performance under the Open Access Program and these Open Access
Plans. The representatives identified above will specifically discuss which
current reporting obligations (i) could be changed to information that JCC
maintains and makes available for inspection by the City and/or the RDC, and
(ii) could remain as or become ongoing reporting obligations. Before becoming
effective, any proposed revisions to JCC's reporting obligations emerging from
this or comparable meetings must be agreed to in writing by the RDC and the
Mayor and must obtain approval by the City Council according to the procedure
for adoption of Motions by the City Council.
6. Responsibility
JCC has assigned responsibility for successfully implementing the
employment component of the Open Access Plan for Construction of the Casino to
JCC's Open Access Program Office.
B. CONTRACTING COMPONENT FOR CONSTRUCTION OF THE CASINO
1. Introduction
29
JCC is committed to providing expanded business opportunities for Open
Access Participant firms during the construction and any renovation of the
Casino.
2. Open Access Contracting Objectives
Based on the findings of the NERA Study concerning availability, JCC
will make all necessary and reasonable efforts to achieve the following
utilization levels for MBEs and non-minority WBEs, respectively, in the
construction of the Casino:
MBEs 19.1%
Non-minority WBEs 10.0%
As suggested by the NERA Study finding that potential availability of
Minority Individuals and MBEs greatly exceeds actual availability, JCC
anticipates that such actual availability will increase as a result of the
efforts of this Open Access Plan for Construction of the Casino and other
efforts to remove discriminatory barriers. Accordingly, JCC anticipates
significant incremental increases in its hiring and contracting goals as a
result of the reassessments of goals that will commence in September 2000 in
accordance with Part V, Subpart I of the Open Access Program. Thus, JCC has a
present perception that the appropriate goals with regard to contracts for any
new or additional construction or renovation at the Casino as of March 31, 2001
(when the first goal reassessment will be completed) may well be between 25-30%
for MBEs.
3. Open Access and Non-Discrimination
JCC will provide equal business opportunity and Open Access for all
construction general contractors and subcontractors.
JCC, its general contractors and its subcontractors will fully
comply with all applicable local, state and federal laws and regulations
implementing equal business opportunity
30
objectives, not only by meeting the letter of the law, but also by carrying out
the full spirit of equal business opportunity and Open Access.
JCC considers the Open Access Plan for Construction of the Casino to
be an inclusive tool to facilitate the expansion of equal opportunity. The
numerical utilization objectives established by the Open Access Plan for
Construction of the Casino with regard to construction contracting on the
Casino are not quotas, but goals to be prominently kept in mind as reflective
of the actual availability of contractors in the marketplace. JCC, its
general contractors and its subcontractors will ensure that all bidders are
treated without regard to their race, color, religion, national origin, sex,
age, disability or sexual orientation.
4. Memorandum of Understanding
HJC previously entered into a Memorandum of Understanding ("MOU") with
each of its general contractors, in the form attached as Addendum C to these
Open Access Plans, which required each contractor to comply with all obligations
imposed by the Open Access Program or any Open Access Plan adopted under it. JCC
has assumed HJC's obligations under the MOU and will continue to enter into an
MOU with each of its general contractors in the same form and substance as that
required by HJC (for any general contractors who have not previously entered
into an MOU). The MOU will establish that all provisions of the Open Access
Program and of this Open Access Plan for Construction of the Casino are
incorporated into any contract which may be entered into for services related to
construction or any renovation of the Casino. The MOU further will impose
obligations on the general contractor to include a clause in all subcontracts
mandating subcontractor compliance with the requirements established by the Open
Access Program and these Open Access Plans. See Part II, Subpart A.4.c. hereof.
5. Bidding Requirements
31
Prior to award, each bidder (whether it is a majority-owned,
woman-owned or minority-owned firm) must submit a description of the scope of
work and dollar value of any portions of the bid work that will be
subcontracted, together with the names and addresses of each subcontractor who
will perform it and a statement whether it and the proposed subcontractors are
MBEs or WBEs certified pursuant to Addendum E attached hereto. Where a
subcontract will be performed by a joint venture, the proposal shall include the
names, addresses, percentage of participation of each joint venture partner and
a statement whether each is an MBE or WBE certified pursuant to Addendum E,
attached hereto.
If a bidder's Open Access participation data do not reflect full
achievement of the Open Access contracting goals described above, the bid may be
considered provided it includes a detailed statement demonstrating compliance
with the "Compliance-Oriented Efforts Standards for Construction General
Contractors and Subcontractors" set forth in Part II, Subpart B.7., below.
6. Program Implementation and Compliance-Oriented Efforts
To achieve the objectives of the Open Access Program, JCC undertakes
to implement the following concrete steps:
a. Small Contracts. Where appropriate in light of the nature of work
to be performed and its relationship to other aspects of the project, JCC will
undertake to identify portions of the work which may be performed by Open Access
Participant firms and will, where economically feasible, break down contracts
into work or dollar units to facilitate participation by Open Access Participant
firms. JCC shall look for such opportunities where the total amount of a
particular type of work to be done is large enough that it can be profitably
shared by multiple contractors and/or subcontractors, and there is nothing
inherent in the work which requires it to be done by a single contractor and/or
subcontractor.
32
b. Outreach:
i. Directory of Open Access Participants. JCC has developed
and will maintain a directory of certified, qualified Open Access Participant
firms.
ii. Community Resources. JCC shall use the services of
available minority and women's community organizations; minority and women's
contractors' groups; local, state and federal minority and women's business
assistance offices; disability rights organizations; and other organizations
that provide assistance in the recruitment and placement of Open Access
Participant firms.
iii. Advertisement for Recruitment. JCC shall advertise through
instrumentalities of the mass media which have a significant audience in the
minority community in an effort to recruit Open Access Participant firms for
certification and contracting.
iv. Joint Ventures. JCC shall encourage and facilitate the use
of joint ventures between Open Access Participant firms and other contractors,
as a means of expanding opportunities for minority, women, and disadvantaged
enterprises. JCC is looking for such opportunities where the resources and
abilities of particular Open Access Participant firms will be significantly
complemented by association with one or more majority contractors.
v. Technical Assistance. JCC shall make technical assistance
available to Open Access Participant firms in completing the application for
certification and in performance of the contract. The certification application
form will state that requests for assistance in applying for certification
should be directed to the Certification Officer in JCC's Open Access Program
Office. One-on-one consulting will be provided for pre-construction and on-site
assistance will be available in specific areas such as construction management,
contract administration, cost control, scheduling and staffing. Requests for
assistance with regard to contract performance should be directed to JCC's
33
Open Access Program Office or to responsible personnel of the general
contractor, who shall make such requests known to JCC's Open Access Program
Office.
vi. Bonding Assistance. Subcontractors which are unable to
meet the bonding requirements will nonetheless have their bids considered by JCC
and its general contractors, subject to this Subpart 0.x.xx. Where an Open
Access Participant firm, based on all factors other than bonding capability,
appears to merit serious consideration for award of the contract, JCC and its
general contractors will discuss with the bidder its ability to arrange bonding.
Where they conclude that such a bidder is or may be deserving of the award of a
contract, but that the bidder is unable to arrange bonding, or where a bond can
be secured only at a price appreciably above the New Orleans average rate, JCC
and its general contractors will work to assist the bidder in satisfying the
bonding requirement. JCC believes and anticipates that, in most cases, bonding
difficulties can be overcome by a combination of waivers (on some contracts
under $200,000), assistance in arranging appropriately priced bonding and
arrangement of financial assistance in funding the difference between the market
average premium and that quoted to the applicant.
vii. Advertisement Regarding Subcontracting. Where appropriate,
JCC shall advertise in general circulation and trade association publications,
concerning subcontracting opportunities, and will allow subcontractors
reasonable time to respond.
viii. Written Notice Regarding Contracting and Subcontracting.
JCC shall take the necessary steps to provide written notice of contracting and
subcontracting opportunities in a manner reasonably expected to notify Open
Access Participants and will allow sufficient time under the circumstances for
them to respond effectively.
c. Bidding and Selection.
34
i. Pre-Award Meetings. Where appropriate, JCC shall schedule
pre-award, pre-bid, pre-proposal and/or pre-quote meetings to inform Open Access
Participant firms of prime contracting and subcontracting opportunities, and to
address issues relating to the performance of those contracts.
ii. Notice. JCC has established and will continue to utilize
its procedures to notify qualified Open Access Participant firms of available
opportunities separate and apart from pre-award, pre-bid, pre-proposal and/or
pre-quote conferences. These procedures shall include when appropriate:
- Written notice by certified mail to Open Access Participant
firms listed in the directory of certified firms, at least
thirty (30) days before a pre-award, pre-bid, pre-proposal
or pre-quote conference;
- Advertisements in the media described in Subparts 6.b.iii.
and 6.b.vii., above, at least thirty (30) days prior to a
scheduled pre-award, pre-bid, pre-proposal or pre-quote
conference;
- JCC will follow up initial indications of interest by
contacting Open Access Participant firms to determine with
certainty whether they are interested in bidding;
- Advertising contracting and subcontracting opportunities
in trade association publications and publications targeted
specifically to minorities and women, at least thirty (30)
days prior to a scheduled pre-award, pre-bid, pre-proposal
or pre-quote conference;
35
- Setting bid dates to give qualified Open Access Participant
firms adequate time to prepare bids, quotes and/or
proposals after pre-award, pre-bid, pre-proposal or
pre-quote conferences have been held.
iii Information. JCC shall provide interested Open Access
Participant firms with adequate information about the plans, specifications and
requirements of the contract or subcontract.
iv. Notice to Newcorp. JCC shall provide Newcorp with bid
specifications, plans and/or contract requirements, when appropriate, at least
thirty (30) days prior to the bid or response date.
v. Good Faith Negotiation. JCC will negotiate in good faith
with interested Open Access Participant firms and will not reject Open Access
Participant firms as unqualified without sound business reasons based on a
thorough investigation of their capabilities.
vi. Contact Records. JCC shall maintain the following records
for each Open Access Participant firm which submits a bid or is contacted by
JCC:
- Name, address, telephone number.
- Description of information JCC provided.
- A statement of whether JCC and the Open Access
Participant firm reached agreement, and if not, why not.
vii. Disqualification. If JCC rejects an Open Access
Participant firm as unqualified, JCC will maintain a written record of its
reason(s).
viii. Participation Records. JCC will maintain a written record
of each general contract and each subcontract, the dollar value of each general
contract or subcontract, and the certification status of each general contractor
and each subcontractor.
36
ix. Changes in Contracts with Non-Open Access Participant
Firms. JCC shall strive to ensure that there are no changes to construction
contracts or subcontracts with majority-owned firms that deprive MBE or WBE
firms of a fair opportunity to participate in the bidding process for such
contracts or subcontracts. JCC will give notice to the RDC of any such change
and will investigate any complaints by MBE or WBE firms relating to any such
changes.
x. Notice of Changes in Contracts with Open Access Participant
Firms. JCC shall strive to ensure that there are no reductions in the price or
scope of work of a contract awarded to an MBE or WBE firm that is inconsistent
with the objectives of the Open Access Program, as stated in Part I, Subpart B
thereof. JCC will give notice to the RDC of any reductions in the price or scope
of work of MBE or WBE contracts. JCC will investigate any complaints by MBE or
WBE firms relating to reductions in the price or scope of work of their
respective contracts.
xi. Replacement of Contracts with Open Access Participant
Firms. JCC shall strive to ensure that majority-owned firms are not substituted
for contracted MBE or WBE firms in a manner that is inconsistent with the
objectives of the Open Access Program as stated in Part I, Subpart B thereof.
JCC will give notice to the RDC of any substitution of a majority-owned firm for
an MBE or WBE. JCC will investigate any complaints by MBE or WBE firms relating
to substituting majority-owned firms for them.
d. Contract Content and Administration.
i. Administration. JCC shall emphasize to contractors and
subcontractors the significance of Open Access goals.
ii. Bonding Assistance. JCC shall continue to administer its
bonding assistance program described in Part II, Subpart N of the Open Access
Program and in these Open Access Plans.
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iii. Prompt Payment Policy. JCC has adopted and shall continue
to implement and enforce a Prompt Payment Policy for all contractors and vendors
employed in constructing the Casino. JCC agrees to pay its general contractors
and vendors within ten (10) days of their submission of verifiable invoices for
services and/or goods. JCC requires that its prime contractors pay their
subcontractors and suppliers within five (5) days thereafter, and that
subcontractors pay their subcontractors and suppliers within five (5) days
thereafter. Any contractor, subcontractor, supplier or vendor who believes that
JCC has failed to comply with this prompt payment policy should report that to
JCC's Construction Accounting Manager or his or her successor.
iv. Assistance to Newcorp. JCC shall make reasonable efforts
to encourage and assist Newcorp's Board of Directors.
v. Certification. JCC shall arrange for the certification of
all potential contractors and subcontractors before a contract or subcontract is
executed, by reaching its decision on certification of an applicant no later
than fifteen (15) days after receipt of a completed certification application;
however, the parties recognize that it may sometimes be impractical, due to a
combination of factors, to do so. Under those circumstances, JCC shall strive to
complete the review of a certification application no later than fifteen (15)
days after the contract is executed or work commences, whichever comes first.
Any contractor that is not certified before the end of a given quarter shall not
be counted towards the achievement of JCC's MBE or WBE goals for that particular
quarter.
vi. Monitoring. At least quarterly, JCC will review reports
and perform desk and on-site audits of prime contractor, subcontractor and union
compliance with the construction contracting component of the Open Access Plan
for Construction of the Casino.
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7. Compliance-Oriented Efforts Standards for Construction General
Contractors and Subcontractors
In determining whether general contractors and subcontractors who
subcontract any portion of the work for which they are responsible (whether they
are majority-owned, women-owned or minority-owned) have made all necessary and
reasonable efforts to achieve the Open Access contracting objectives during
construction and any renovation of the Casino, JCC will consider a number of
factors. These factors shall be evaluated on the basis of each such contractor's
completion of a questionnaire, which will be filled out as often as JCC deems
appropriate, but no less than once each calendar quarter, whether the contractor
is majority-owned, woman-owned or minority-owned. The questionnaire shall
address the following issues (and such further inquiries as JCC shall find
appropriate):
a. Pre-award Meetings. Whether the general contractor or subcontractor
attended any pre-award meetings scheduled by JCC to inform Open Access
Participant firms of contracting and subcontracting opportunities and of issues
relating to the performance of these contracts;
b. Subcontractor Lists. Whether the general contractor or
subcontractor requested from JCC a list of Open Access Participant firms;
c. Small Contracts. Whether the general contractor or subcontractor
broke down contracts into dollar or work units to facilitate participation by
Open Access Participant firms, as consistent with the nature of the work to be
performed and its relationship to other aspects of the project. Such action is
appropriate where the total amount of a particular type of work to be done is
large enough that it can be profitably shared by multiple subcontractors and
there is nothing inherent in the work which requires it to be done by a single
subcontractor;
39
d. Follow-Up. Whether the general contractor or subcontractor followed
up initial indications of interest by contacting Open Access Participant firms
to determine with certainty if they were interested in bidding;
e. Advertisement. Whether the general contractor or subcontractor
advertised in general circulation and trade association publications concerning
the subcontracting opportunities and allowed subcontractors reasonable time to
respond;
f. Good Faith Negotiations. Whether the general contractor or
subcontractor negotiated in good faith with interested Open Access Participant
firms and did not reject Open Access Participant firms as unqualified without
sound business reasons based on a thorough investigation of their capabilities;
g. Information. Whether the general contractor or subcontractor
provided interested Open Access Participant firms with adequate information
about the plans, specifications and requirements of the subcontract;
h. Written Notice. Whether the general contractor or subcontractor took
the necessary steps to provide written notice in a manner reasonably calculated
to inform Open Access Participant firms of the opportunities and allowed
sufficient time under the circumstances for them to participate effectively;
i. Community Resources. Whether the general contractor or subcontractor
used the services of available minority and women's community organizations,
minority and women's contractors' groups, local, state and federal minority and
women's business assistance offices, disability rights organizations and other
organizations that provide assistance in the recruitment and placement of Open
Access Participant firms, such as Newcorp;
40
j. Contact Records. Whether the general contractor or subcontractor has
maintained the following records for each MBE and WBE which bids on any
subcontract:
- Name, address, telephone number.
- Description of information provided by the general contractor
or subcontractor.
- A statement of whether an agreement was reached and if not, why
not, including any reasons for concluding that the bidder was
unqualified to perform the job.
8. Reporting
JCC will report quarterly to the RDC, the Mayor and the City Council
with regard to its progress, with respect to contracting, in implementing the
Open Access Plan for Construction of the Casino in accordance with Part II,
Subpart C; Part IV, Subpart F; and Part V, Subpart B of the Open Access Program.
The first contracting report was filed by Xxxxxx'x Jazz Company on
October 31, 1994, and it covered all previous contracting in connection with the
temporary and permanent Casino projects. Subsequent reports will continue to be
filed no later than one (1) month after the close of each calendar quarter, with
reports due on January 31, April 30, July 31 and October 31, for the quarters
ending December 31, March 31, June 30 and September 30, respectively.
The quarterly report shall address the following:
- Efforts undertaken by JCC to publicize the contracting and
subcontracting opportunities provided by the construction of
the Casino.
- Efforts undertaken by JCC to identify Open Access Participant
firms and efforts undertaken to encourage their participation
in the construction of the Casino.
41
- Efforts undertaken by JCC to remedy any inability of Open
Access Participant firms to perform construction contracts or
subcontracts or proposed construction contracts or
subcontracts.
- A summary of the progress being made toward achieving the
overall contracting objectives of the Open Access Plan for
Construction of the Casino.
- The extent to which joint ventures, made up in part of MBEs
and/or WBEs have been utilized by JCC in the construction of
the Casino.
- The contact person at each MBE and WBE contractor or
subcontractor working on the construction of the Casino.
- The type of service(s) provided by each MBE and WBE contractor
or subcontractor working on the construction of the Casino.
- The date any contract or subcontract was awarded to a MBE or
WBE working on the construction of the Casino.
- Discussion of the nature of any problems encountered by MBE
and WBE bidders whose bids were not accepted for work on
construction of the Casino.
- Recommendations to strengthen the contracting component of the
Open Access Plan for Construction of the Casino.
- Forecast of the construction contracts expected to be awarded,
including probable monetary amounts involved, the number and
type of contracts to be awarded and expected solicitation
dates, in connection with the construction of the Casino.
- The total number of contracts and total dollar volume of
contracts and subcontracts signed during the previous calendar
quarter and the total number of contracts, dollar
42
volume and percentage of contracts and subcontracts awarded to
MBEs, WBEs and majority firms during that quarter.
- All funds paid to MBE and WBE contractors and subcontractors
on a cumulative basis, from the commencement of construction
of the Casino through the end of that quarter, for
construction work on the Casino, including change orders, and
the percentage those funds constitute of the total funds paid
during that period.
- All funds paid to MBE and WBE contractors and subcontractors
during the quarter for work on construction of the Casino,
including change orders, and the percentage those funds
constitute of the total funds paid for that period.
- In reporting on the three (3) preceding items, funds paid to
joint ventures made up in part of MBEs and/or WBEs should be
counted only to the extent of monies actually received or to
be received by the MBE and/or WBE, excluding any work
subcontracted to a non-Open Access Participant firm.
- The MBEs and WBEs that currently have contracts or
subcontracts or have had contracts or subcontracts during the
reporting period, the number of contracts or subcontracts
awarded to each individual MBE and WBE and the dollar volume
of each of these contracts.
- In the performance of its work on the Casino, an MBE or WBE
contractor or subcontractor may enter into second-tier
subcontracts consistent with standard industry practices.
However, if an MBE or WBE contractor or subcontractor
subcontracts a significantly greater portion of the work of
its contract or subcontract to a non-MBE or non-WBE than would
be expected on the basis of standard industry practices, then
that MBE or WBE subcontractor will not be viewed as performing
a
43
commercially useful function and JCC may not count such
participation towards the MBE or WBE goals under these Open
Access Plans.
- MBE and WBE manufacturers, suppliers (subject to the
immediately following paragraph) and wholesalers will be
credited for the entire amount of purchase orders involved,
regardless of who does the installation; provided, however, if
the installation price paid to a non-MBE or non-WBE contractor
exceeds fifty percent (50%) of the purchase price, JCC will
receive MBE or WBE credit for the purchase price only. JCC
will not double count amounts paid for the purchase of
equipment, products or supplies from MBEs or WBEs and amounts
paid for installation by MBEs or WBEs.
- MBE and WBE suppliers will be given full credit for purchase
orders if such suppliers are bona fide business enterprises
which maintain inventory for sale to customers (i.e., they are
not brokers).
- A breakdown of firms that were certified, decertified and
recertified during the quarter and whether they are MBEs or
WBEs.
In reporting on JCC's progress toward achieving its goals for
the quarter, JCC will compare its performance data against the goals as set
forth in the Open Access Plan for Construction of the Casino. JCC's quarterly
contracting reports will also describe additional efforts to comply with the
relevant portions of Part IV, Subpart A of the Open Access Program.
JCC will include in the report any explanatory or background
information which it believes will aid in understanding or interpreting the data
being reported and information on any other relevant subjects as requested by
the Mayor and/or the City Council.
44
Notwithstanding the foregoing obligations for JCC's quarterly reports,
the RDC, the Mayor and the City Council acknowledge that, as an on-going matter,
periodic revisions and adjustments to JCC's reporting obligations will be
needed. On or before November 20, 1998, representatives of the RDC, the Mayor,
the City Council and JCC will meet, at a time and place that is mutually
acceptable to the parties, for the purpose of materially reducing the reporting
burden upon JCC of the Open Access Program and the Open Access Plans in a manner
that is consistent with the Mayor's and the City Council's needs to evaluate
fully JCC's performance under the Open Access Program and these Open Access
Plans. The representatives identified above will specifically discuss which
current reporting obligations (i) could be changed to information that JCC
maintains and makes available for inspection by the City and/or the RDC, and
(ii) could remain as or become ongoing reporting obligations. Before becoming
effective, any proposed revisions to JCC's reporting obligations emerging from
this or comparable meetings must be agreed to in writing by the RDC and the
Mayor and must obtain approval by the City Council according to the procedure
for adoption of Motions by the City Council.
9. Certification
JCC's Certification Process and relevant forms are attached as Addendum
E hereto.
10. Responsibility
JCC has assigned primary responsibility to its Director of Design and
Construction for successful implementation of the construction contracting
component of the Open Access Plan for Construction of the Casino. In carrying
out that responsibility, JCC's Director of Design and Construction will have the
active guidance and assistance of the Director of Community Resources
Development for HNOMC.
III. OPEN ACCESS PLAN FOR OPERATION OF THE CASINO
45
JCC has developed an Open Access Plan for Operation of the Casino as
the mechanism for achieving JCC's Open Access objectives during the operation of
the Casino. The Open Access Plan for Operation of the Casino contains two
components, one directed at employment of women and Minority Individuals, and
another directed at the purchasing of goods and services by the Casino from Open
Access Participant firms.
A. EMPLOYMENT COMPONENT FOR OPERATION OF THE CASINO
1. Introduction
JCC is committed to providing expanded employment opportunities for
Minority Individuals, women and Persons with Disabilities, and equal opportunity
for all, in connection with the operation of the Casino. This Open Access Plan
for Operation of the Casino shall apply to those persons actually working in the
Casino and also to those dealing with Casino operations who are employed in the
administrative offices of JCC and HNOMC. This Plan shall also apply to any
employees of the members of JCC who are substantially engaged in the operation
of the Casino.
2. Open Access Employment Objectives
JCC will make all necessary and reasonable efforts, through the means
set forth below, to achieve levels of employment among those engaged in
operation of the Casino at the level of their actual availability in the
relevant labor market. The NERA Study has found such actual availability to be
as follows:
Minority Individuals
--------------------
Managers & Professionals 16.3%
Supervisors 26.3%
Technicians 32.5%
Support Occupations 56.0%
Cleaners, Operators, Laborers 84.0%
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Non-minority Women
------------------
Managers & Professionals 34.5%
Supervisors 36.4%
Technicians 10.0%
Support Occupations 27.8%
Cleaners, Operators, Laborers 4.7%
Following the method used by NERA in the NERA Study, JCC will calculate
the utilization of Minority Individuals and non-minority women by their numbers
and by the percentage they constitute of the total number of individuals
employed at the Casino during any given quarter. See Part IV, Subparts A and F
of the Open Access Program. Because NERA's availability analysis was based on
the assumption that minority women will be counted as Minority Individuals and
not as women, JCC will count minority women in that way.
As suggested by the NERA Study finding that potential availability of
Minority Individuals and MBEs greatly exceeds actual availability, JCC
anticipates that such actual availability will increase as a result of the
efforts of this Open Access Plan for Operation of the Casino and other efforts
to remove discriminatory barriers. Accordingly, JCC anticipates significant
incremental increases in its hiring and contracting goals as a result of the
reassessments of goals that will commence in September 2000 pursuant to Part V,
Subpart I the Open Access Program.
3. Open Access and Non-Discrimination
JCC will provide equal employment opportunity and Open Access for all
persons and will recruit and administer hiring, working conditions, benefits and
privileges of employment, compensation, training, opportunities for advancement
(including upgrades and promotions), transfers and terminations of employment,
without discrimination based on race, color, religion, national origin, sex,
age, disability or sexual orientation.
47
The objective of this Open Access Plan for Operation of the Casino is
to ensure that all individuals receive equality of opportunity limited only by
each person's desires and abilities. This objective calls for a work environment
free of discrimination in employment based on race, color, religion, national
origin, sex, age, disability or sexual orientation. In order to achieve this
goal, JCC will engage in a process of continuous monitoring and reporting.
In addition, JCC will fully comply with all applicable local, state and
federal laws and regulations implementing equal employment opportunity
objectives, not only by meeting the letter of the law, but also by carrying out
the full spirit of equal opportunity and Open Access.
JCC considers this Open Access Plan for Operation of the Casino to be
an inclusive tool to facilitate the expansion of equal opportunity. The
numerical utilization objectives established by this Open Access Plan for
Operation of the Casino are not quotas, but goals to be prominently kept in mind
in an effort to achieve a work force that fairly reflects the make up of the
available labor pool. JCC will ensure that all applicants and employees are
treated without regard to their race, color, religion, sex, national origin,
age, disability or sexual orientation.
4. Program Implementation and Compliance-Oriented Efforts
JCC will take the following specific actions to demonstrate its best
efforts to realize the purposes described above:
a. Outreach:
i. JCC shall utilize the services of official public agencies
responsible for recruitment and placement of Orleans Parish residents, such as
the State Employment Service.
ii. JCC shall notify all JCC contractors and subcontractors in
writing of JCC's residency goals and Open Access goals and will request, and, if
possible, require that
48
contractors and subcontractors adopt the same hiring goals as JCC has under this
Open Access Plan for Operations Employment.
iii. JCC shall continue to develop, implement and monitor
accredited training programs to train potential casino employees, emphasizing
training for Orleans Parish residents for purposes of meeting JCC's Open Access
Participant goals. The content of these training programs shall be made
available to the RDC for review, when requested within a reasonable time frame.
iv. JCC shall develop, implement, and monitor special efforts
to recruit African-American male participants to be trained in JCC's training
program. This includes working with the Opportunity Industrialization Center,
the National Council of Negro Women and the Urban League to assist in conducting
Life Skills Training for the disadvantaged. JCC will also seek the assistance of
several organizations in the recruitment of African-American men. Those
organizations include: the Coalition of 100 Black Men; the Zulu Social Aid &
Pleasure Club; the Dryades Street YMCA and the graduate chapters of several
Black fraternities (Alpha Phi Alpha, Kappa Alpha Psi, Omega Psi Phi and Phi Beta
Sigma).
v. JCC shall make special efforts to select applicants from
among Project Independence participants to be trained in JCC's training program.
vi. JCC shall not use irrelevant or unnecessary application
criteria which negatively impact recruitment of Minority Individuals,
Disadvantaged Individuals or women.
vii. Persons with Disabilities. JCC will continue relationships
with agencies that provide services to Persons with Disabilities for the purpose
of identifying job opportunities with the Casino for which Persons with
Disabilities are qualified or may become qualified with reasonable
accommodation. JCC will seek assistance from such organizations, as a
49
recruiting source for potential employees and as a source of information about
potential employees with disabilities, and it will otherwise work to enhance
employment opportunities for Persons with Disabilities.
viii. Dissemination of Information on Employment Needs of the
Casino. JCC will widely distribute information on employment opportunities at
the Casino to institutions of higher learning, skills training centers,
religious organizations, community centers and organizations. JCC will make
follow-up contacts with each organization. JCC will also, as needed, use mass
media to advertise employment opportunities. It will advertise through a number
of newspapers and radio stations with substantial African-American audiences --
e.g., The Louisiana Weekly, The New Orleans Data News Weekly, The New Orleans
Tribune, WYLD, WBOK, B97 and WQUE (Q93). Likewise, JCC will use television
announcements with the same focus.
ix. Supervisory and Professional Recruitment. JCC's
recruitment effort for its supervisory and professional positions will include
colleges, universities, and alumni offices of schools which are likely to have
students or alumni who are women or minorities (e.g., historically black
colleges and all-female schools).
x. Independent Training Agencies. Beginning with the
construction of the Casino-Phase I (as defined in the GDA), JCC will conduct a
variety of activities aimed at assisting skills training centers, Open Access
Participant firms and others in establishing programs to train workers for jobs
existing at the Casino. JCC will describe the employment needs of the Casino and
provide direction and guidance in formulating appropriate training programs for
persons seeking employment there. JCC will also identify teachers and/or
employees who are willing to work in training programs.
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xi. Internships. In order to identify highly qualified
individuals interested in pursuing full-time careers with Xxxxxx'x, JCC will
institute an internship program for college and university students. This
program will utilize part-time employment to provide participants with exposure
and learning opportunities under the close supervision of an internship manager.
The internship program will utilize a learning plan tailored to each intern's
areas of activity and interests and each intern's performance will be evaluated.
The internship program will be consistent with age requirements of state
statutes and regulations relating to casino employment.
xii. Internship Recruitment. JCC will continue to recruit
interns from a number of local institutions of higher learning that have a
substantial enrollment of Minority Individuals and/or women.
xiii. Selection for Training. JCC has developed written criteria
for use in considering applicants for the internship and training programs,
which are attached to these Open Access Plans as Addendum G. JCC will submit any
revisions of these criteria to the City Council for approval. In pursuing these
internship and training programs, JCC shall utilize aggressive measures to
recruit prospective employees from communities with high unemployment rates,
which measures shall include visits to schools, community organizations,
businesses, employment agencies and places frequented by the chronically
unemployed. Applicants must meet any requirements imposed by the State of
Louisiana for the position involved.
xiv. Recruiting Sources. JCC has and will maintain regular
communications with major recruiting sources, including those focusing on
employment of Minority Individuals, women and persons with disabilities, as well
as community agencies, community leaders, churches and other religious
organizations with predominantly African-American membership, high schools,
vocational and technical schools, junior colleges and colleges with a
51
substantial number of African-American and/or women students and the Louisiana
State Employment Service. JCC will encourage these sources to actively recruit
and refer Minority Individuals, women and Persons with Disabilities for all
positions for which the Casino hires.
xv. Employment Advertisements. Placement of advertisements for
employment include electronic (where appropriate) and newsprint media of special
interest to minority audiences. If groups of persons are pictured in employment
advertisements, members of both minority and non-minority groups, men and women
and Persons with Disabilities will be included. All employment advertisements
shall contain the phrase "An Equal Opportunity Employer. Applicants for
Employment will be Considered without regard to Race, Color, Religion, Sex,
Sexual Preference, National Origin or Physical Handicap."
xvi. General Advertisements. JCC's general advertising will
continue to feature both employees and non-employees. It shall also include
members of both minority and non-minority groups, men and women, as well as
Persons with Disabilities.
xvii. Review of Position Descriptions. JCC has reviewed all
position descriptions to ensure that they accurately reflect the duties
performed. JCC shall review all selection criteria on an ongoing basis to ensure
that they are job-related and non-discriminatory.
xviii. Availability of Position Descriptions. JCC shall make
position descriptions and selection criteria available to recruiting sources.
xix. Recruiting. JCC will continue to interface with placement
departments of vocational, trade and business schools as well as universities in
the New Orleans area to present job placement seminars at which applications
will be distributed. In particular, JCC shall recruit at local colleges and
secondary schools that have entirely or primarily women student enrollments or
women alumnae.
52
xx. Job Fairs. JCC, independently or in conjunction with other
agencies and/or employers, shall continue to conduct job fairs aimed at
recruiting women in different areas of New Orleans where applications will be
distributed and collected. JCC shall designate persons to direct these
intensified outreach efforts.
xxi. Benefits Advertising. JCC will engage in an ongoing
substantive print media and television campaign emphasizing its Child Care,
Education Assistance and Home Ownership Programs. The publications selected will
be those likely to be read by women.
xxii. Encouragement of Contractors and Subcontractors. In the
event JCC believes that any contractor or subcontractor is in violation of the
goals with respect to hiring, based upon the availability of Open Access
Participants in the trades and occupations used by that contractor or
subcontractor (as measured by the disaggregated NERA data), then JCC will work
pro-actively to assist that contractor or subcontractor to improve its
performance.
b. Hiring:
i. Employment Application. JCC's employment application
does and will continue to set forth prominently words communicating JCC's
policy of equal opportunity employment.
ii. JCC shall not use irrelevant or unnecessary application
or hiring criteria which negatively impact the hiring of Minority
Individuals, Disadvantaged Individuals or women.
iii. All JCC and HNOMC officials and staff members involved
in the hiring process have been and will continue to be given training in
accomplishing equal opportunity employment. This training will include, but
not be limited to, cultural and sensitivity training and
53
a complete explanation of the philosophy behind, purposes of, and operation of
the Open Access Program and these Open Access Plans.
c. On the Job:
i. Career Development. JCC will continue to pursue a
multi-faceted program of career development which can be expected to produce
substantial opportunities for Open Access Participants. At the heart of this
program is the annual performance appraisal given to each employee, during which
career development possibilities are discussed and the employee's performance
during the year is assessed. JCC will regularly utilize several specific types
of career development techniques, depending on the performance and inclinations
of individual employees, and upon the needs of the business for persons with
particular skills or abilities.
ii. Comprehensive Training Plan. JCC shall fully implement its
comprehensive written training plan, which is attached as Addendum F to these
Open Access Plans. The training plan addresses in detail the full range of
training made available to current and prospective employees. The training plan
will be revised periodically to meet the changing needs of the business. JCC
will notify the Mayor, the RDC and the City Council of any such revisions to the
training plan.
iii. Performance Enhancement Training and On-the-Job Training.
JCC, at its own expense, and during an employee's paid work time, shall make
available a variety of classroom and other training programs to enhance the
knowledge and skills of present employees with regard to the jobs that they
presently fill. Such training will be undertaken on a routine basis.
iv. Apprenticeships. JCC shall utilize apprenticeships in
order to provide accelerated cross-occupational training to persons in
occupational areas outside of those in which they presently work. These
apprenticeships will utilize a combination of classroom training, on-the-
54
job training and mentoring, in order to develop job skills in occupations
which may be new for the employees involved. Typically, these apprenticeships
will be directed toward preparation for positions which are promotions (i.e.,
increases in responsibility and compensation) from the apprentice's current
position.
v. JCC shall utilize apprenticeship as a preferred method for
filling higher level positions in the Casino. During the pre-opening phase of
the Casino, JCC will utilize apprenticeship in the form of its Fast-Track
program, through which gaming employees are given appropriate training under the
guidance of a mentor and moved on an accelerated basis into gaming supervisory
positions. During the initial phase of operations, JCC's Dual Rate Supervisor
program will utilize apprenticeship in a different form. This program will allow
promising employees, working under the personal guidance of a Table Games
Manager, to begin performing supervisory duties on a part-time basis, while
continuing to perform their regular duties at other times. The content of the
referenced programs and any successor or related programs shall be made
available to the RDC for review when asked for on a reasonable time frame.
vi. JCC expects to utilize apprenticeships in filling
supervisory positions starting at the end of Casino-Phase I, and it believes
that such apprenticeships will offer a significant opportunity for advancement
for Open Access Participants. JCC likewise expects to make regular use of
apprenticeships to fill supervisory and other positions in the future.
vii. JCC will establish and maintain a lay-off policy that
operates evenhandedly.
vii. Policy Statements. JCC shall continue its practice of
providing all Casino employees with copies of the employee handbook, which
includes JCC's equal employment
55
opportunity and Open Access policies. The policies shall continue to be included
in the Supervisor's Manual.
ix. Publications. JCC's equal employment opportunity and Open
Access policies shall continue to be featured periodically in the employee
newspaper. In addition, JCC's Open Access activities in the New Orleans
metropolitan community will be periodically presented to employees through
existing JCC news media, special bulletins and brochures.
x. New Employee Orientation. JCC's commitment to equal
employment opportunity shall be presented as a part of the orientation programs
for all new employees.
xi. Bulletin Boards. JCC's equal employment opportunity policy
and current and anticipated job openings shall be posted on appropriate bulletin
boards.
xii. Posters. The required equal employment opportunity posters
will be prominently displayed in conspicuous places in the Casino and in
employment and testing areas.
xiii. Job Posting. JCC shall continue its job posting plan,
which includes professional and supervisory vacancies up to the director
level. Under this plan, openings are posted and any employee may apply in
writing. Counseling is available to all employees concerning the enhancement
of their qualifications for desired opportunities.
xiv. Training for Advancement. JCC shall regularly monitor its
training programs to ensure Open Access Participants are given equal access to
all developmental training designed to enhance an employee's ability to assume
positions of greater responsibility.
xv. Tuition Refund Program. JCC shall continue to make
available a Tuition Refund Program for all full-time employees with one (1) year
of service. JCC will encourage minority employees, women employees and employees
with disabilities to participate in
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the Tuition Refund Program. At new employee orientation sessions, the program
shall be explained and employees will be encouraged to consider furthering their
education.
xvi. Facilities. All work areas, cafeterias, rest and
recreational areas and other facilities shall be maintained on a
non-discriminatory basis.
xvii. Employee Counseling. Counselors shall be available on
reasonable request to work with an employee concerning personal or work-related
problems.
xviii. Support of Community Programs. JCC has recognized its role
as a corporate citizen in the New Orleans metropolitan community, and it will
continue its leadership through programs designed to improve the socio-economic
status of disadvantaged persons and to eliminate discrimination in employment.
Among other actions, JCC shall:
- encourage employees to work with and serve on the
advisory boards of various community self-help
groups;
- encourage executives and managers to act as
advisers, members of boards of directors and fund
raisers and in various other capacities for
community organizations;
- participate in and, where practical, sponsor
seminars for the business community on equal
employment opportunity and Open Access for Minority
Individuals, women and Persons with Disabilities;
and
- encourage its employees to spend personal time to
aid in the solution of urban and community
problems.
xix. Accommodation to Physical and Mental Circumstances of
Persons with Disabilities. JCC shall make reasonable accommodation to the
physical and mental circumstances of qualified employees or applicants with
known disabilities, to the extent that it is
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made aware of the need for such accommodation and the accommodation does not
impose an undue hardship on JCC.
xx. Work Environment. JCC shall not tolerate the intimidation,
harassment or reprisal against minority or women employees or employees with
disabilities. Any employee who wishes to file a complaint concerning an alleged
violation of this policy may do so by submitting it in writing to the Human
Resources Department. (See Addendum I to these Open Access Plans).
xxi. Employee Assistance Program. JCC has put in place and will
continue to maintain an employee assistance program having two (2) components:
- Child Care and Child Development Program. JCC has
adopted HJC's Child Care Program and assumes HJC's
obligations under that program. The specific
provisions of the Child Care Program are set forth
at Addendum N of these Open Access Plans. All
references to "Xxxxxx'x" in the Child Care Program
shall be deemed to refer to JCC, where appropriate.
The Child Care Program shall be in operation by the
date any employees are hired to work in the Casino
operations or the date such employees begin their
training, whichever comes first.
- Home Ownership Program. JCC shall have in place a
home ownership program for employees with a
household income of $25,000 or less who have been
full-time employees for at least one (1) year from
their date of hiring (regardless of whether such
employees were hired before or after the Casino
opens). JCC will
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assist such employees by contributing $1,000 and
other financial assistance to the down payment on a
home for first time home buyers.
xxii. Youth Employment Program. JCC has undertaken and will
continue to undertake to identify employment opportunities for unemployed youth
in the New Orleans area, will coordinate with Newcorp to assist in starting
businesses in which the youth of New Orleans may play a role, and will work
closely with public and private concerns in providing training and assistance to
young residents of the New Orleans area.
xxiii. JCC will develop internships for women students, consistent
with the internship program described in Part III, Subpart 4.a.xi. of these Open
Access Plans, and such internships will be consistent with state-mandated age
requirements for casino employment.
d. Management:
i. JCC shall maintain documentation of applications by Open
Access Participants, including at a minimum:
- names, addresses, and telephone numbers of Open
Access Participant applicants who were contacted,
- description of information provided to those Open
Access Participants, and
- a statement of why they were not hired (if they
were not).
ii. Casino Employment Advisory Committee. JCC shall continue to
maintain a Casino Employment Advisory Committee to be composed of business,
community and university representatives with relevant expertise to serve along
with appropriate representatives of JCC. This Advisory Committee shall at all
times be composed of a minimum of five (5) members. (See Addendum O to these
Open Access Plans for an initial list of members). Some of these
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Advisory Committee members may be members of other advisory committees that have
been or will be created under these Open Access Plans, but the membership of the
advisory committees will not completely overlap. This Advisory Committee will
meet at least quarterly to review and assist with JCC's efforts in the
employment of Minority Individuals, women, and other Disadvantaged Individuals
in the operation of the Casino, and to identify Open Access concerns.
iii. Meetings. Meetings shall be held regularly in which JCC
management employees are advised of JCC's equal employment opportunity policy
and of the philosophy behind, purposes of, and operation of the Open Access
Program and these Open Access Plans. The agendas of these meetings include a
statement from the management committee of JCC and HNOMC's management expressing
JCC's and HNOMC's full endorsement of the Open Access Program and these Open
Access Plans.
iv. Staff Training. Management and other employees engaged in
employment, placement, training, transfer or promotion activities will continue
to receive additional training in the applicable local, state and federal equal
employment opportunity laws, and in the Open Access Program and these Open
Access Plans, as well as their individual responsibility in assisting JCC and
HNOMC to meet their equal opportunity and Open Access objectives. All JCC and
HNOMC employees engaged in making hiring and selection decisions will continue
to be trained to ensure non-discriminatory decision-making. Employment results
will continue to be reviewed to ensure non-discriminatory treatment.
v. Applicant Flow. JCC shall regularly review the ethnic and
gender composition of its applicant pool, as a means of self-evaluating its
outreach and related efforts, in order to ensure that sufficient numbers of Open
Access Participants are being recruited and are applying for employment with
JCC.
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vi. Monitoring. JCC shall maintain logs of personnel
transactions, including applications, hires, promotions, transfers and
terminations, and shall analyze the transactions at least quarterly to identify
problem areas and appropriate remedial actions. A summary of these analyses,
which are reviewed by management, shall be prepared by the Human Resources
Department on a quarterly basis and shall be made available to the RDC for
audit.
vii. Compliance with Federal, State and Local Discrimination
Statutes and Guidelines. JCC shall regularly review its recruitment and
advertising policies, its job policies and practices and wage, compensation and
benefit structure to ensure that its practices conform to the requirements of
Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of
1991; the Family and Medical Leave Act of 1993; the Americans with Disabilities
Act; the Pregnancy Discrimination Act of 1978; the Age Discrimination in
Employment Act, as amended; the Equal Pay Act; the Employee Retirement Income
Security Act of 1974, as amended; La.R.S. 23:1006 and 23:1008; and the City of
New Orleans Human Relations law. JCC shall maintain leave policies that are
non-discriminatory and JCC shall treat disability due to pregnancy similar to
any illness or injury. JCC shall also make reasonable accommodations for the
religious observances and practices of employees and prospective employees, as
required. (See Addenda H and I to these Open Access Plans.)
5. Reporting
JCC will report to the RDC, the Mayor and the City Council within one
(1) month following the end of each calendar quarter (January-March, April-June,
July-September, October-December) concerning certain employment information
relating to operation of the Casino in accordance with Part II, Subpart C; Part
IV, Subpart F; and Part V, Subpart B of the Open Access Program. JCC shall
submit quarterly reports concerning employment information relating to the
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operation of the Casino beginning with the report covering the period from July
through September 1999, which report is due on October 31, 1999. Prior to that
time, JCC shall report on its recruitment activities, if any, as they occur. In
the event the opening date for the Casino is scheduled to occur earlier than
twelve (12) months after the Effective Date, JCC shall begin reporting on its
operations employment activities at least three (3) months before the opening
date. These quarterly reports shall contain the following information:
a. Employees: The total number of employees as of the end of the
quarter broken into the five (5) occupational categories set forth in the NERA
Study. These figures are further broken down into regular full-time; regular
part-time; temporary and on-call, including the number in each category who are
minority men, minority women, non-minority men and non-minority women. JCC will
also report on the current make-up of the workforce as of the last two (2)
payroll days in the quarter covered by the report. See Part IV, Subpart A.3. of
the Open Access Program.
b. New Hires: The total number of persons hired during the quarter
for each of the categories specified above, including the number in each
category who are Minority Individuals and women.
c. Terminations: The total number of regular full-time and regular
part-time employees whose employment terminated during the quarter, including
the number in each category who are Minority Individuals and women and a
statement within each subcategory of the number terminated voluntarily and
involuntarily.
d. Other Employee Data: In addition to the employment data described
in items a. through c., above, each quarterly report shall report the Net Hiring
for the Quarter and Total Employment of Open Access Participants, as defined
herein and in Part IV, Subpart A of the Open
62
Access Program. Further, the quarterly report will describe all of the
subfactors used to make these calculations.
e. Prospective Employee Training: The total number of prospective
employees who were trained during the quarter, including the number who are
Minority Individuals and women.
f. Accounting for Minority Women: Because NERA's availability
analysis was based on the assumption that minority women will be counted as
Minority Individuals rather than as women, JCC will count minority women in that
way.
g. Persons with Disabilities: Insofar as JCC becomes aware of the
disabled status of individuals employed, hired, terminated or trained during the
quarter, it shall report that information in a separate section of the report,
which will note that such information is necessarily partial and incomplete.
h. Residence: JCC will report on the percentage of its employees who
are residents of Orleans Parish and the percentage who are residents of
Louisiana.
In reporting on JCC's progress toward meeting its goals for the
quarter, JCC will compare its performance data against the goals as set forth in
this Open Access Plan for Operation of the Casino. JCC's quarterly employment
reports will also describe additional efforts to comply with the relevant
portions of Part IV, Subpart A of the Open Access Program.
JCC will include in the report any explanatory or background
information which it believes will aid in understanding or interpreting the data
being reported and information on any other relevant subjects as requested by
the Mayor and/or the City Council.
Commencing within twelve (12) months after opening the Casino, JCC will
submit an annual report, in writing, to the City Council on the success of the
Open Access Plan for Operation of the Casino regarding the employment component
for operation of the Casino in
63
reducing unemployment, underemployment, chronic unemployment, under utilization
of traditionally disadvantaged groups and on the Open Access Program's impact on
the community.
Notwithstanding the foregoing obligations for JCC's quarterly reports,
the RDC, the Mayor and the City Council acknowledge that, as an on-going matter,
periodic revisions and adjustments to JCC's reporting obligations will be
needed. On or before November 20, 1998, representatives of the RDC, the Mayor,
the City Council and JCC will meet, at a time and place that is mutually
acceptable to the parties, for the purpose of materially reducing the reporting
burden upon JCC of the Open Access Program and the Open Access Plans in a manner
that is consistent with the Mayor's and the City Council's needs to evaluate
fully JCC's performance under the Open Access Program and these Open Access
Plans. The representatives identified above will specifically discuss which
current reporting obligations (i) could be changed to information that JCC
maintains and makes available for inspection by the City and/or the RDC, and
(ii) could remain as or become ongoing reporting obligations. Before becoming
effective, any proposed revisions to JCC's reporting obligations emerging from
this or comparable meetings must be agreed to in writing by the RDC and the
Mayor and must obtain approval by the City Council according to the procedure
for adoption of Motions by the City Council.
vi. Responsibility
The members of JCC have the overall responsibility for the success of
JCC's equal employment opportunity and Open Access policy. JCC shall require
HNOMC to comply with the provisions of the Open Access Program and these Open
Access Plans insofar as its contractual duties to JCC bear upon such activities.
JCC continues to take full responsibility for any aspects of the implementation
of these Open Access Plans that may be delegated to HNOMC.
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a. Vice President of Government Affairs and Community Relations.
JCC's Vice President of Government Affairs and Community Relations is
specifically delegated responsibility for administration of JCC's equal
employment policy and the employment components of the Open Access Plan for
Operation of the Casino. JCC's Vice President of Government Affairs and
Community Relations is responsible for assuring that appropriate action is taken
by all levels of management to achieve JCC's equal employment opportunity and
Open Access employment objectives. JCC's Vice President of Government Affairs
and Community Relations will be assisted by the staff of the Vice-President of
Human Resources for HNOMC, which will work under the direction of the JCC
Vice-President.
b. Section and Department Managers. Each JCC section officer,
department manager and supervisor is responsible for providing equal opportunity
and Open Access for their assigned employees in accordance with the Open Access
Plan for Operation of the Casino. In carrying out these responsibilities, all of
these officers and employees will have the active assistance and guidance of
JCC's Vice-President of Government Affairs and Community Relations.
B. CONTRACTING COMPONENT FOR OPERATION OF THE CASINO
1. Introduction
JCC is committed to providing expanded contracting opportunities for
Open Access Participant firms during the operation of the Casino.
2. Open Access Contracting Objectives
Based on the findings of the NERA Study concerning actual availability,
JCC will make all necessary and reasonable efforts to achieve the following
utilization levels for MBEs and non-minority WBEs, respectively, in the
operation of the Casino. These goals are applicable to all service and
commodities contracting by JCC and HJC, as defined and explained in the NERA
Study
65
at page 136 and in the supplemental memorandum attached as Addendum J hereto.
(Lists of commodity and non-professional service purchases submitted to NERA as
the basis for developing these goals are attached hereto as Addenda K and L,
respectively.) The resulting goals are as follows:
Operations Contracting
Non-minority
MBEs WBEs
---- ----
Professional Services 3.1% 10.3%
Commodities and Non-Professional Services 7.5% 14.7%
As suggested by the NERA Study finding that potential availability of
Minority Individuals and MBEs greatly exceeds actual availability, JCC
anticipates that such actual availability will increase as a result of the
efforts of this Open Access Plan for Operation of the Casino and other efforts
to remove discriminatory barriers. Accordingly, JCC anticipates significant
incremental increases in its hiring and contracting goals as a result of the
reassessments of goals that will commence in September 2000 in accordance with
Part V, Subpart I of the Open Access Program. Thus, JCC has a present perception
that the appropriate contracting goals for operation of the Casino by March 31,
2001 will be higher than those set forth above, and that comparable percentage
increases in goals will be called for by subsequent goal reassessments.
3. Open Access and Non-Discrimination
JCC will provide equal business opportunity and Open Access for all
supply and service (professional and non-professional) contractors during the
operation of the Casino.
JCC will fully comply with all applicable local, state and federal laws
and regulations implementing equal business opportunity objectives, not only by
meeting the letter of the law, but by carrying out the full spirit of equal
business opportunity and Open Access.
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JCC considers the Open Access Plan for Operation of the Casino to be an
inclusive tool to facilitate the expansion of equal opportunity. The numerical
utilization objectives established by the Open Access Plan for Operation of the
Casino with regard to contracting in the operation of the Casino are not quotas
but goals to be prominently kept in mind as reflective of actual availability of
contractors in the marketplace. JCC will ensure that all contractors and vendors
are treated without regard to their race, color, religion, national origin, sex,
age, disability or sexual orientation.
4. Program Implementation and Compliance-Oriented Efforts
To achieve the objectives of the Open Access Program, JCC undertakes to
implement the following concrete steps:
a. Small Contracts. Where appropriate in light of the nature of work
to be performed and its relationship to other aspects of the project, JCC shall
identify portions of the work which may be performed by Open Access Participant
firms and will, where economically feasible, break down contracts into work or
dollar units to facilitate MBE, WBE and DBE participation. JCC shall look for
such opportunities where the total amount of a particular type of work to be
done is large enough that it can be profitably shared by multiple contractors
and/or subcontractors, and there is nothing inherent in the work which requires
it to be done by a single contractor and/or subcontractor.
b. Outreach:
i. JCC shall schedule pre-award, pre-bid, pre-proposal and/or
pre-quote meetings to advise Open Access Participant firms of contracting,
subcontracting and procurement opportunities.
ii. JCC has developed and will maintain a directory of
qualified, certified Open Access Participant firms.
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iii. JCC has established and will maintain procedures to notify
qualified Open Access Participant firms of available opportunities separate and
apart from pre-award, pre-bid, pre-proposal and/or pre-quote conferences,
including, when appropriate:
- Written notice by certified mail to Open Access
Participant firms listed in the directory of
certified firms, at least thirty (30) days before a
pre-award, pre-bid, pre-proposal or pre-quote
conference;
- Advertisements in targeted media at least thirty
(30) days prior to a scheduled pre-award, pre-bid,
pre-proposal or pre-quote conference;
- Following up initial indications of interest by
contacting Open Access Participant firms to
determine with certainty whether they are
interested in bidding;
- Advertising contracting and subcontracting
opportunities in trade association publications and
publications targeted specifically to minorities
and women, at least thirty (30) days prior to a
scheduled pre-award, pre-bid, pre-proposal or
pre-quote conference;
- Setting bid dates to give qualified Open Access
Participant firms adequate time to prepare bids,
quotes and/or proposals after pre-award, pre-bid,
pre-proposal or pre-quote conferences have been
held.
iv. Information. JCC shall provide Open Access Participant
firms with adequate information about the plans, specifications and/or
requirements of all contract opportunities.
v. When appropriate, JCC shall provide Newcorp with bid
specifications, plans and/or contract requirements, at least thirty (30) days
prior to the bid or response date.
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vi. Community Resources. JCC has and will continue to use the
services of available minority and women's community organizations; minority and
women's contractors' groups; local, state and federal minority and women's
business assistance offices; disability rights organizations; and other
organizations that provide assistance in the recruitment and placement of Open
Access Participant firms and in the recruitment of firms eligible for
certification as Open Access Participant firms.
vii. Preliminary Meetings. JCC shall hold preliminary meetings
to inform interested Open Access Participant firms of service and supply
contracting opportunities.
viii. Follow-Up. JCC shall follow up initial indications of
interest by contacting Open Access Participant firms to determine with certainty
whether they are interested in obtaining service or supply contracts.
ix. Advertisement. Where appropriate, JCC shall advertise in
general circulation and trade and professional association publications,
concerning service and supply contracting opportunities, and will allow
contractors reasonable time to respond.
x. Written Notice. JCC shall take the steps necessary, when
reasonable time constraints permit to provide written notice of service and
supply contracting opportunities to Open Access Participant firms, as well as
companies that have begun the certification process, and shall allow sufficient
time for them to participate effectively.
xi. Joint Ventures. JCC shall encourage and facilitate the use
of joint ventures between Open Access Participant contractors and other
contractors, as a means of expanding opportunities for Open Access Participant
firms. JCC will continue to look for such opportunities where the resources and
abilities of particular Open Access Participant firms will be significantly
complemented by association with one or more majority-owned contractors.
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c. Bidding and Selection.
i. Good Faith Negotiation. JCC shall negotiate in good faith
with interested Open Access Participant firms and will not reject an Open Access
Participant firm as unqualified without sound business reasons based on a
thorough investigation of its capabilities.
ii. Disqualification. If JCC rejects an Open Access Participant
firm as unqualified, JCC will maintain a written record of its reason(s).
iii. Participation Records. JCC shall maintain a written record
of each supply and service contract, the dollar value of each contract, and the
MBE or WBE status of each contractor or subcontractor.
iv. Changes in Contracts with Open Access Participant Firms.
JCC shall strive to ensure that there are no changes to commodity or service
contracts or subcontracts with majority-owned firms that deprive MBE or WBE
firms of a fair opportunity to participate in the bidding process for such
contracts or subcontracts. JCC will give notice to the RDC of any such change
and will investigate any complaints by MBE or WBE firms relating to any such
changes.
v. Notice of Changes in Contracts with Open Access Participant
Firms. JCC shall strive to ensure that there are no reductions in the price or
scope of work in a contract awarded to an MBE or WBE firm that are inconsistent
with the objectives of the Open Access Program, as stated in Part I, Subpart B
thereof. JCC will give notice to the RDC of any reductions in the price or scope
of work of MBE or WBE contracts. JCC will investigate any complaints by MBE or
WBE firms relating to reductions in the price or scope of work of their
respective contracts.
vi. Replacement of Contracts with Open Access Participants. JCC
shall strive to ensure that majority-owned firms are not substituted for
contracted MBE or WBE firms in a manner that is inconsistent with the objectives
of the Open Access Program, as stated in Part
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I, Subpart B thereof. JCC will give notice to the RDC of any substitution of a
majority-owned firm for an MBE or WBE. JCC will investigate any complaints by
MBE or WBE firms relating to substituting majority-owned firms for them.
d. Contract Content and Administration.
i. Bonding Assistance. JCC shall continue to administer its
bonding assistance program, described in Part II, Subpart N of the Open Access
Program and in these Open Access Plans.
ii. Prompt Payment Policy. JCC has adopted and shall continue
to implement and enforce a Prompt Payment Policy for all contractors and
vendors. Where a supply or service contractor with capitalization of less than
$300,000 can demonstrate to JCC an actual need for payment in less than thirty
(30) days for such supply or service contract, JCC will pay said contractor
within twenty (20) days of its submission of verifiable invoices for supplies or
services. Any supplier or service contractor who has such an understanding with
JCC and believes that JCC has failed to comply with its prompt payment
commitment should report that to JCC's Accounts Payable Manager.
iii. Contact Records. JCC maintains and will continue to
maintain the following records for each Open Access Participant firm that
submits a proposal or is contacted by JCC regarding service or supply contracts:
- Name, address, telephone number.
- Description of information JCC provided.
- A statement of whether JCC reached agreement with
the Open Access Participant firm, and if not, why
not.
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iv. Financing Assistance. JCC will enter into a relationship
with one or more financial institutions to provide consulting services and, when
possible, financial assistance to disadvantaged vendors and service providers.
5. Reporting
JCC will report quarterly to the RDC, the Mayor and the City Council
with regard to its progress implementing the contracting provisions of the Open
Access Plan for Operation of the Casino in accordance with Part II, Subpart C;
Part IV, Subpart F; and Part V, Subpart B of the Open Access Program.
Reports will be filed no later than one month after the close of each
calendar quarter, with reports due on January 31, April 30, July 31 and October
31, for the quarters ending December 31, March 31, June 30 and September 30,
respectively. The first report was filed on October 31, 1994, and covered all
previous contracting relating to the operation of the temporary casino. JCC
shall submit quarterly reports concerning contracting relating to the operation
of the Casino beginning with the report covering the period from July through
September 1999, which report is due on October 31, 1999. In the event the
opening date for the Casino is scheduled to occur earlier than twelve (12)
months after the Effective Date, JCC shall begin reporting on its operations
employment activities at least three (3) months before the opening date.
The quarterly reports shall address:
- Efforts undertaken by JCC to publicize the
provisions and opportunities of the Casino
operations procurement program.
- Efforts undertaken by JCC to identify Open Access
Participant firms and efforts undertaken to
encourage participation in the Casino operations
procurement program.
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- Efforts undertaken by JCC to remedy any inability
of Open Access Participant firms to perform
procurement contracts or proposed procurement
contracts.
- A summary of the progress being made toward the
Casino operations procurement program's objectives
and goals.
- The extent to which joint ventures, made up in part
of MBEs and/or WBEs, have been utilized by JCC in
operating the Casino.
- Name, address and phone number of each MBE and WBE
that has been contacted by JCC. o Name, address and
phone number of each MBE and WBE that responded to
requests from JCC.
- A list of all service and supply contracts awarded
to an MBE or WBE, including for each the date
awarded; the type of good(s) or service(s)
provided; name, address, phone number, contact
person and the racial or gender category of the MBE
or WBE.
- The number of service and supply contracts awarded
to each individual MBE and each individual WBE; and
the dollar value of each of those contracts during
the reporting period.
- Recommendations of JCC to strengthen its Open
Access Program.
- Forecast of the procurement contracts expected to
be awarded, including probable monetary amounts
involved, the number and type of contracts to be
awarded and expected solicitation dates.
- The total dollar volume of service and supply
contracts signed during the covered quarter for
operation of the Casino and the total dollar volume
and percentage of such contracts awarded to MBEs
and WBEs during that quarter.
73
- All funds paid to MBE and WBE service and supply
contractors on a cumulative basis, the percentage
which those funds constitute of the total funds
paid as of the end of that quarter, and the
aggregate amount of funds paid to MBEs and WBEs as
of the end of that quarter.
- All funds paid to MBE and WBE service and supply
contractors on a month-to-month and quarterly basis
and the percentage which those funds constitute of
the total funds paid for that period.
- In reporting on the four (4) preceding items, funds
paid to joint ventures made up in part of MBEs
and/or WBEs shall be counted only to the extent of
monies actually received by the MBE and/or WBE,
excluding any work said MBE and/or WBE
subcontracted to a non-Open Access Participant
firm.
- In the performance of its work on the Casino, an
MBE or WBE contractor or subcontractor may enter
into second-tier subcontracts consistent with
standard industry practices. However, if an MBE or
WBE contractor or subcontractor subcontracts a
significantly greater portion of the work of its
contract or subcontract to a non-MBE or non-WBE
than would be expected on the basis of standard
industry practices, then that MBE or WBE
subcontractor will not be viewed as performing a
commercially useful function and JCC may not count
such participation towards the MBE or WBE goals
under these Open Access Plans.
- MBE and WBE manufacturers, suppliers (subject to
the immediately following paragraph) and
wholesalers will be credited for the entire amount
of purchase orders involved, regardless of who does
the installation; provided, however, if the
installation price paid to a non-MBE or non-WBE
contractor exceeds fifty percent
74
(50%) of the purchase price, JCC will receive MBE
or WBE credit for the purchase price only. JCC will
not double count amounts paid for the purchase of
equipment, products or supplies from MBEs or WBEs
and amounts paid for installation by MBEs or WBEs.
- MBE and WBE suppliers will be given full credit for
purchase orders if such suppliers are bona fide
business enterprises which maintain inventory for
sale to customers (i.e., they are not brokers).
- A breakdown of the firms that were certified,
decertified and recertified during the quarter and
whether they are MBEs or WBEs. In reporting on its
progress toward achieving its goals for the
quarter, JCC will compare its performance data
against the goals as set forth in this Open Access
Plan for Operation of the Casino. Therefore, the
quarterly report, in addition to the data described
above, shall include all data needed to make the
calculations described in Part IV, Subparts A and F
of the Open Access Program as well as all figures
necessary to make those calculations. JCC's
quarterly contracting reports will also describe
additional efforts to comply with the relevant
portions of Part IV, Subpart A of the Open Access
Program.
JCC will include in the report any explanatory or background
information which it believes will aid in understanding or interpreting the data
being reported and information on any other relevant subjects as requested by
the Mayor and/or the City Council.
Commencing within twelve (12) months after the opening of the Casino,
JCC will submit an annual report, in writing, to the City Council on the success
of the Open Access Plan for Operation of the Casino regarding the contracting
component for operation of the Casino in reducing
75
unemployment, underemployment, chronic unemployment, under utilization of
traditionally disadvantaged groups and on the Open Access Program's impact on
the community.
Notwithstanding the foregoing obligations for JCC's quarterly reports,
the RDC, the Mayor and the City Council acknowledge that, as an on-going matter,
periodic revisions and adjustments to JCC's reporting obligations will be
needed. On or before November 20, 1998, representatives of the RDC, the Mayor,
the City Council and JCC will meet, at a time and place that is mutually
acceptable to the parties, for the purpose of materially reducing the reporting
burden upon JCC of the Open Access Program and the Open Access Plans in a manner
that is consistent with the Mayor's and the City Council's needs to evaluate
fully JCC's performance under the Open Access Program and these Open Access
Plans. The representatives identified above will specifically discuss which
current reporting obligations (i) could be changed to information that JCC
maintains and makes available for inspection by the City and/or the RDC, and
(ii) could remain as or become ongoing reporting obligations. Before becoming
effective, any proposed revisions to JCC's reporting obligations emerging from
this or comparable meetings must be agreed to in writing by the RDC and the
Mayor and must obtain approval by the City Council according to the procedure
for adoption of Motions by the City Council.
6. Certification
HJC's Certification Process and relevant forms are attached hereto as
Addendum E. JCC hereby adopts such Certification Process.
7. Responsibility
The members of JCC have the overall responsibility for the success of
its efforts to provide expanded contractual opportunities for Open Access
Participant firms to provide goods and services for the operation of the Casino.
JCC shall require HNOMC to comply with the provisions
76
of the Open Access Program and these Open Access Plans insofar as its
contractual duties to JCC bear upon such activities. JCC continues to take full
responsibility for any aspects of the implementation of these Open Access Plans
that may be delegated to HNOMC.
a. Administration of Goods and Services Contracting. JCC's Vice
President of Government Affairs and Community Relations is specifically
delegated responsibility for administration of the goods and services
contracting component of the Open Access Plan for the Operation of the Casino.
He or she shall be assisted by the Vice-President of Finance of HNOMC.
b. Implementation of Goods and Services Contracting. JCC's Vice
President of Government Affairs and Community Relations has been delegated the
responsibility to implement the goods and services contracting component of the
Open Access Plan for the Operation of the Casino. He or she shall be assisted by
the Director of Purchasing for HNOMC.
77
AMENDED AND RESTATED OPEN ACCESS PLANS
of
JAZZ CASINO COMPANY, L.L.C.
Executive Summary
These Amended and Restated Open Access Plans (these "Open Access
Plans") have been adopted by Jazz Casino Company, L.L.C., a Louisiana limited
liability company ("JCC"). They amend and restate the Final Open Access Plans
adopted by Xxxxxx'x Jazz Company, a Louisiana general partnership ("HJC"), and
approved by the Council of the City of New Orleans (the "City Council") in
December 1994, which Final Open Access Plans had been preceded by the Interim
Open Access Plans adopted by HJC and approved by the City Council on April 21,
1994. In these Open Access Plans, JCC undertakes an extensive and specific
program to enhance economic opportunities for Open Access Participants in the
New Orleans area. These Open Access Plans contain provisions addressing the
construction and operation of the New Orleans land-based casino operated by JCC
(the "Casino") with respect to both employment and contracting. These Open
Access Plans are designed to be read in conjunction with and to implement the
Open Access Program (the "Open Access Program") attached as Exhibit "C" to the
Amended and Restated Lease Agreement, approved by the City Council on October
15, 1998 and effective as of the effective date (the "Effective Date") of HJC's
Third Amended Joint Plan of Reorganization, as modified (the "Amended and
Restated Lease Agreement"), by and among JCC, the City of New Orleans (the
"City") and the Rivergate Development Corporation (the "RDC") and are further
designed to be subordinate to the Open Access Program.
The long-term objectives of the Open Access Program and these Open
Access Plans are to enhance participation of MBEs, WBEs and DBEs in the private
business sector and to create new employment opportunities and upgrade job
skills among traditionally Disadvantaged Individuals. In order to assist in
pursuing these objectives, HJC formed an entity known as Newcorp and initially
capitalized Newcorp in an amount of $500,000. As provided in Part II, Subpart B
of the Open Access Program and in these Open Access Plans, JCC will provide
substantial funding to that entity for a period of five (5) years. Newcorp will
provide assistance to Open Access Participants through a broad range of
activities which are specified in these Open Access Plans. JCC hopes and
anticipates that its efforts will contribute to an increase in the actual
availability of MBEs, WBEs and DBEs, and of Minority Individuals, women and
Persons with Disabilities, qualified for work at various levels of the
workforce.
Open Access Plan For Construction of the Casino
A Casino Construction Advisory Committee has previously been appointed,
which Casino Construction Advisory Committee has previously met and will
continue to meet at least quarterly to review the progress in pursuing the
objectives of the Open Access Program and these Open Access Plans with regard to
both employment and contracting in connection with the construction of the
Casino and any future renovations thereof.
i
A. Employment Component
In pursuit of its commitment to a non-discriminatory work force wherein
persons of various groups are represented approximately at the level of their
actual availability in the labor market, JCC adopts as construction employment
goals the actual availability numbers ascertained by National Economic Research
Associates (NERA) in its Final Disparity Study, filed in September 1994 with the
City Council (the "NERA Study"). Those goals are as follows for construction of
the Casino:
Minority Individuals
--------------------
Officials and Managers 12.0%
Professionals 19.2%
Craft Workers 43.7%
Apprentices & Laborers 48.7%
Non-minority Women
------------------
Officials and Managers 18.6%
Professionals 7.9%
Craft Workers 1.8%
Apprentices & Laborers 1.4%
These objectives will be utilized not as quotas, but as goals to be
kept prominently in mind in an effort to achieve a construction work force that
fairly reflects the make-up of the available labor pool. JCC, its general
contractors and its subcontractors will ensure that all applicants and employees
are treated without regard to their race, color, religion, sex, national origin,
age, disability or sexual orientation. JCC therefore hopes and expects to
increase its utilization of Minority Individuals, women and Persons with
Disabilities as their actual availability in the labor force increases.
HJC previously entered into a Memorandum of Understanding ("MOU") with
each of its general contractors in the form attached as Addendum C to these Open
Access Plans, which requires each contractor to comply with all obligations
imposed by the Open Access Program or any Open Access Plan adopted under it,
including the Open Access Plan for Construction of the Casino. JCC has assumed
HJC's obligations under the MOU and will continue to require each of its general
contractors to execute a Memorandum of Understanding in the same form and
substance as that required by HJC (to the extent any of JCC's general
contractors has not previously entered into an MOU). JCC will communicate
specifically with each general contractor concerning its duties to contribute to
the successful implementation of the Open Access Plan for Construction of the
Casino. These duties include oversight of subcontractors and of the project in
general so as to assure, among other objectives, maintenance of a
non-discriminatory work environment, effective communication with sources for
recruitment of Minority Individuals, women and Persons with Disabilities,
maintenance of application and hiring records, and reporting to JCC of any
alleged instances of employment discrimination. JCC will also monitor, by desk
audits and other means, the compliance by its general contractors and
subcontractors with the requirements of the Open Access Plan for Construction of
the Casino. On the Effective Date, JCC will succeed to HJC's rights under the
ii
Project Agreement with the unions that provide hiring hall services, attached
hereto as Addendum D. JCC shall require any union which is or may become a
signatory to the Project Agreement to report to JCC at the end of each calendar
month on specified information concerning persons seeking to register with the
union for job referral, those persons on the union referral list and those
persons actually referred for employment. The Open Access Plan for Construction
of the Casino also requires the unions to explain why any Minority Individuals,
women or Persons with Disabilities who have gone to a union hiring hall were not
referred.
JCC will file quarterly reports, with the RDC, the Mayor of the City of
New Orleans (the "Mayor") and the City Council, which shall include numerical
information on the total number of individuals employed to work in the
construction process during the previous quarter, the number and percentage of
persons so employed who were Minority Individuals and women and hours worked
--all broken down into four (4) distinct employment categories as set forth in
the NERA Study. The report shall further include explanatory and background
information, including a description of the steps being taken by JCC and its
contractors to satisfy the requirements of the Open Access Plan for Construction
of the Casino, as well as other relevant information requested by the Mayor
and/or the City Council. In addition, JCC will file monthly reports on certain
topics, as specified in Part II, Subpart A.4.d.iv.
B. Contracting Component
JCC will strive to achieve the following utilization levels with regard
to MBEs and non-minority WBEs during the construction phase of the Casino:
MBEs 19.1%
Non-minority WBEs 10.0%
The MOU executed by each general contractor requires that all
contractors comply with the provisions of the Open Access Program and these Open
Access Plans. Enterprises wishing to be considered for a particular contract
shall be required to submit information concerning the scope and dollar value of
work they will subcontract, and the identities and Open Access Participant
status (if any) of each intended subcontractor. A detailed certification process
(previously approved by the City Council) is already in place and will continue
to be used by JCC. (See Addendum E to these Open Access Plans.)
In implementing the Open Access Program and these Open Access Plans in
the context of construction, JCC will continue to take a number of specific
steps designed to increase awareness and opportunity in the MBE, WBE and DBE
communities with respect to opportunities to participate in the construction of
the Casino. These include, among other steps, a variety of specific efforts to
ensure effective communication with MBEs, WBEs and DBEs, including the holding
of pre-award meetings relating to contracting opportunities; breaking down
subcontracts into smaller dollar units; encouragement of joint ventures;
utilization of community resources for purposes of recruitment; and maintenance
and regular monitoring of information concerning utilization. JCC will increase
its utilization of MBEs, WBEs and DBEs as their actual availability increases.
iii
In addition, JCC will report quarterly on a range of specific items set
forth in the Open Access Program and in these Open Access Plans pertaining to
the contracting component of the Open Access Plan for Construction of the
Casino. JCC will also file monthly reports on certain topics, as specified in
Part II, Subpart A.4.d.iv.
Open Access Plan for Operation of the Casino
A. Employment Component
In pursuit of its commitment to a non-discriminatory work force wherein
persons from various groups are represented approximately at the level of their
actual availability in the labor market, JCC adopts as employment goals for the
operation of the Casino the following actual availability numbers ascertained by
NERA in the NERA Study:
Minority Individuals
--------------------
Managers & Professionals 16.3%
Supervisors 26.3%
Technicians 32.5%
Support Occupations 56.0%
Cleaners, Operators, Laborers 84.0%
Non-minority Women
------------------
Managers & Professionals 34.5%
Supervisors 36.4%
Technicians 10.0%
Support Occupations 27.8%
Cleaners, Operators, Laborers 4.7%
As with the Open Access Plan for Construction of the Casino, these
objectives will be utilized not as quotas, but as goals to be kept prominently
in mind in an effort to achieve an operations work force that fairly reflects
the make-up of the available labor pool. They are thus an inclusive tool in
JCC's efforts toward achieving a work force that fairly reflects the make-up of
the available labor pool. JCC will ensure that all applicants and employees are
treated without regard to their race, color, religion, sex, national origin,
age, disability or sexual orientation. JCC hopes and expects to increase its
utilization of Minority Individuals, women and Persons with Disabilities as
their actual availability in the labor force increases.
A Casino Employment Advisory Committee has previously been appointed,
which has been meeting and will continue to meet at least quarterly to review
the progress in pursuing the objectives of the Open Access Program and these
Open Access Plans with regard to employment in the operation of the Casino.
JCC will also undertake a range of specific outreach, training,
internship, apprenticeship and other compliance-oriented efforts and will ensure
that its employment policies comply with the letter and spirit of all existing
anti-discrimination laws in all respects. These efforts,
iv
which are itemized in detail in the Open Access Plan for Operation of the
Casino, will be directed especially, but not exclusively, toward Minority
Individuals, women and Disadvantaged Individuals.
In addition, JCC will implement an Employee Assistance Program
addressing child care and child development, home ownership and youth
employment.
JCC will report quarterly the statistical information relating to its
total employment, new hires, terminations and training, and on its progress in
achieving the objectives of the Open Access Plan for Operation of the Casino.
B. Contracting Component
In contracting for commodities and professional services relating to
the operation of the Casino, JCC will strive to achieve the following goals,
based on actual availability as determined by the NERA Study:
Pre-Opening Phase
Non-minority
MBEs WBEs
---- ----
Professional Services 1.9% 6.8%
Commodities and Non-Professional Services 3.4% 7.3%
Annual Operating Phase
Non-minority
MBEs WBEs
---- ----
Professional Services 3.1% 10.3%
Commodities and Non-Professional Services 7.5% 14.7%
These percentage goals apply only to the services and commodities that
were included in the NERA Study (in areas in which minority-owned and
women-owned businesses are available). JCC will increase its utilization of
MBEs, WBEs and DBEs as their actual availability increases.
As in other aspects of the Open Access Program and these Open Access
Plans, JCC will provide equal business opportunities for all supply and service
contractors with regard to the operation of the Casino. In addition, JCC
undertakes to implement a number of specific steps designed to increase
awareness and opportunities in the MBE, WBE and DBE communities with respect to
opportunities for supply and service contracts with the Casino. Those steps are
specifically set forth in the Open Access Plan for Operation of the Casino and
include, among other compliance-oriented efforts, efforts to enhance
communication with MBEs, WBEs and DBEs; utilization of small contracts;
encouragement of joint ventures; utilization of community resources; and
maintenance and monitoring of utilization information.
In addition, JCC will report quarterly on a range of specific items
relating to the contracting component of the operation of the Casino.
v
