88-450 . � � : . � �, - �, :� ��>�,l, �;���t �C�;r�� ' f o,'�''�n
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�N _ __ _
WHITE - CITV CLERK '
PINK - FINANCE COl1I1C11 �J
CANARV -DEPARTMENT GITY O� AINT PAUL J(
BIUE - MAYOR File NO. `� �_��
Od �i CP, � rc�nance N�.
Presente By
� �
Referred To u-$� �'�' �� � r Committee: Date �r ����
Out of Committee By Date
An ordinance resci ding and repealing
the title and tex of Chapter 81 of
the Saint Paul dministrative Code
entitled "Purchasi g From Set-Aside
Businesses" and in lieu and in place
thereof enacting a new ordinance under
the same chapter number ; entitled
"Purchasing From T rgeted Businesses" ;
and establishing t e definition, rules
and procedures fo the purchase of
goods and/or serv' ces from targeted
businesses.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Sect ' on l .
That Chapter 81 of the Saint Paul Administrative Code
is hereby repealed and rescinded in both title and text.
Section 2.
That there is hereby enact d a new Chapter 81 of the Saint
Paul Administrative Code enti led "Purchasing Frorri Targeted
Businesses" to read as follows :
"81 .01 . Intent. The c uncil of the City of Saint
Paul , pursuant to the auth rity granted it by virtue
of the Uniform Municipal C ntracting Law, does hereby
support the policy of e hancing the viability of
the various commercial tities through temporary
aid and support to those per ons and entities identified
herein by facilitating the ' r participation as vendors
to the City in its urchase f oods
COUNCIL MEMBERS
Yeas Nays � Requested by Department of:
Dimond
��g In Favor
coswitz
Rettman
Scheibel Against By
Sonnen ��
Wilson �
Adopted by Council: Date Form Approved by City Attorney
Certified Passed by Council Secretary �� BY
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
By BY
. ' � : • . • ���'S��
"81 .02. Definitions.
Subd. l . For the pu poses of this chapter, the
following words and phra es shall have the meanings
set forth in this sectio , except where the context
clearly indicates that a d fferent meaning is intended.
Subd. 2. Targeted business means a business entity
that has been in existe ce for six (6) months or
longer, organized for profit , including but not limited
to any individual , part ership, corporation, joint
venture , association, or cooperative, which entity
is not 1 ) an affiliate o subsidiary of a business
dominant in its field of o erations ; or 2) a manufact-
urer ' s agent, broker, non- tocking retailer or whole-
saler ; or 3) has owners wh are part owner or operator
of similar businesses , and:
a) has employees who worked a total of 45 , 000
hours or less in the previous fiscal year, or
has not more than the equivalent of $1 , 000 , 000
in annual gross revenu s in the preceding fiscal
year; or
b) is 51% owned and controlled by a person (or
natural persons in any c mbination) who is a woman,
a member of any racial minority, or handicapped,
all as defined herein.
Subd. 3. Woman means any person of the female
sex.
Subd. 4. Racial minor ' ty means a person having
ethnic origin in the black racial groups of Africa,
a person of Mexican, Puer o Rican, Cuban, Central
or South American, or othe Spanish cultural origin;
a person having ethnic orig'n in any of the original
peoples of the Far East , S utheast Asia, the Indian
subcontinent or Pacific Isl nds (this area includes ,
but is not limited to China, Japan, Korea, the Philip-
pine Islands , Malaysia, Haw ii and Samoa) ; a person
having origins in any of the original tribes of North
America who is an enrolled ember of an Indian Tribe
including any Alaskan Nati e Village or region or
village corporation whose governing organization
is recognized by the United tates government. Ethnic
status shall be proved by pr senting a birth certifi-
cate, affidavits or other do uments deemed acceptable
by the Purchasing Division.
; � , �-�'�'-�5d
Subd. 5. Handicapp d person means any person
who has suffered a su stantial permanent physical
disability. Handicapped status shall be proved by
presenting a doctor' s certification, affidavits ,
or other documents deemed acceptable by the Purchasing
Division.
Subd. 6 . Small busi ess means a business entity
as defined in Section 1 . 02, Subd. 2 (a) . Small
business status shall be roved by presenting a signed
copy of a tax statement from the previous year that
includes a tax number or social security number,
a current financial sta ement , affidavits or other
documentation deemed ac eptable by the Purchasing
Division.
Subd. 7 . Goods an services means materials ,
supplies , equipment, trad consultant , or professional
services , construction, an development projects.
Subd. 8 . Owned and c ntrolled means the ownership
and control by minority a d/or handicapped individuals
or women shall be real , substantial , and continuing
and shall go beyond the pro forma ownership of the
firm as reflected in it ownership documents . The
minority and/or handicap ed or women owners shall
share the risks and pro its commensurate with their
ownership interests , as d onstrated by an examination
of the substance rather than form of arrangements .
The minority and/or handi apped or women owners shall
also possess the power to irect or cause the direction
of the management and p licies of the firm and to
make day-to-day as well a major decisions on matters
of finance , management, pol ' cy and operations.
81 .03. Appropriation for targeted businesses.
Of the money appropriate by the city each fiscal
year for the purchase of oods and services as defined
in Section 81 . 02 , Subd. 7 approximately 20% of such
funds shall be directed to targeted businesses in
the manner set forth he ein; of the 20% funding,
approximately 3/4 thereof hall be directed to targeted
businesses as defined i section 81 . 02, Subd. 3 ,
Subd. 4, and Subd. 5 an approximately 1/4 thereof
to targeted businesses as defined in Section 81 . 02 ,
Subd. 6.
The City of Saint Paul a d Ramsey County Purchasing
Division shall authorize he bid specifications and
purchasing decisions nece sary to accomplish these
targeted business requireme ts.
� . � , . �, � �i=��-,�,�°
81 .04. Application to ualify as a targeted business.
Application materials in such form as fully and com-
pletely identifies an pplicant' s eligibility for
program participation sha 1 be presented and reviewed
and an applicant intervie conducted by the Purchasing
Division prior to bidd ng. Applications meeting
all program requirements hall be valid for one year
and must be renewed th reafter for successive one
year terms in accordance ith overall program partici-
pation limitations defined in Section 81 . 06 .
81 .05. Ineligibility. The Purchasing Division
may, upon consultation wi h the City Attorney' s Office
refuse to accept a compl ted application for partici-
pation as a targeted bu iness upon the grounds of
fraud. The Purchasing ivision may also withdraw
its acceptance of any a plication at any time on
the basis of fraud or change in the composition
of a targeted business hich does not conform to
the definitions herein. Any rejection or withdrawal
may be appealed to the Di ector of Finance and Manage-
ment Services, who shall co duct a hearing in accordance
with the procedures set f rth in the Targeted Business
Rules .
81 .06. Duration. A targeted business , unless
determined to be eligible s otherwise provided herein,
shall be entitled to th benefits of this chapter
for a period of five ye rs commencing the date of
an award of a contract r subcontract pursuant to
this chapter.
81 .07. Method of awar . The city may, whenever
it deems it feasible, sol ' cit bids that require the
lowest responsible bidder to subcontract a portion
or percentage of work to a targeted business certified
in the Targeted Business Program. Alternatively,
the city may, whenever it deems it feasible , solicit
bids from among only ta geted businesses certified
in the Targeted Business Program.
81 .08. Inspections. Inspections to determine
compliance with Targeted B siness Program eligibility
and contractual requireme ts and other conditions
of performing contract wo k with the City of Saint
Paul shall be performed y the Purchasing Division
as required.
4.
WHITE — CITV CLERK
PINK — FINANCE COUACll ����L J�
CANARV —OEPARTMENT GITY OF AINT PAUL c,J (/
BIVE — MAVOR File NO.
Ord ndnce Ordinance N�.
Presented By
Referred To Committee: Date
Out of Committee By Date
Each targeted business shall upon request of the
Purchasing Division permit access during normal business
hours to the business w rk site , records and files ,
as needed to determine co formance to targeted business
requirements.
81.09. Performance bo ding for targeted businesses.
The Purchasing Division is authorized to develop
and administer a perfo mance bonding fund program
to provide performance b nds for targeted businesses.
Funds for this program ay be received through pro-
visions in city subsi ized development projects ,
and grants and donations from private , governmental ,
and non-profit sources.
81 . 10. Rules, regulati ns and forms. The Purchasing
Division, subject to th approval of the Director
of Finance and Managemen Services , shall promulgate
such rules, regulations and forms as may be needed
to carry out the duti s and responsibilities set
forth herein.
5.
COUNCIL MEMBERS
Yeas Nays Requested by Department of:
Dimond �,,� - ��"`����
�� In Favor � �
Goswitz ���
Rettman �
Scheibei A gai n s t BY
Sonnen
Wilson
Form rove by Cit orne
Adopted by Council: Date �
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Appro d by Mayor for Su i ion to C uncil
By
' G I T Y O F ; S I N T PA LT L /��- y-,,
(.
OFFIGF. OF THE MAYOR
No:
� ADMINIS ATIVE ORDER
�e`ogQ` Date:
�g
.IVE ORDER,
/ RULES OF THE T GETED BUSINESS PROGRAM
The following rul s have been enacted to provide
expanded definiti n to the provisions of Chapter
81 of the Admin' strative Code and to set for-�h
basic operating rocedures for the Targeted Busi-
ness Program.
Articl I : Program Definition
Subd. l. Admi istration. The Targeted Business Program
shall be developed nd administered by the Purchasing
Division of the Ci y of Saint Paul to carry out the intent of
Chapter 81 . Purch sing Division staff shall serve as consul-
tants and advisor to City of Saint Paul and Ramsey County
departments and s all utilize information distribution, self
compliance incen 'ves , educational programs , and additions to
existing adminis rative procedures to bri�g about program
compliance.
Subd. . Mission. The mission of the Targeted Busines
Program shall e to facilitate the participation of persons
entities that ualify as targeted businesses in the City of
Paul and Rams y County purchasing process , to serve as an �
cate for tar ted business�es and to help City and County
ments comply with all ordinances , rules , and procedural �
ments relate to the Targeted Business Program.
APPROVED AS TO FOR \
Assistan City Attorney
�
Date
� � . � � � , ����
Article II : Definitions
Subd. l. Targeted Busi ess . Targeted business means a
business entity that is not n affiliate or subsidiary of a
business dominant in its fie d of operation or is not a manu-
facturer' s agent, broker, no -stocking retailer which is
organized for profit includi g, but not limited to, individual
ownership, partnership, corp ration, joint venture , association
or cooperative.
Subd. 2 . Sources . Def nitions used within the Targeted
Business Program are referen ed to the following sources :
l. Definitions within C apter 81 of the Administrative
Code .
2 . Definitions containe within other sections of the
Administrative Code elating to purchasing, contract-
ing, insurance, and onding.
3 . The commonly underst od meaning of words as expressed
in everyday usage an dictionary definition except
where the context of usage clearly indicates that a
different meaning is intended.
4. The Purchasing Divis � on will be used as final authority
for program administ ative questions concerning defini-
tions . Words and ph ases cor!i.monly used in program
operations but not o herwise defined shall be so defined
by the Purchasing, Systems Manager.
Article III : Annual Process
Subd. l. Applicable f nds . The ordinance definition of
funds appropriated by the c� ty each year for the purchase of
goods and services , includi g construction work , shall include
the following:
a) all city funds appr priated for the purchase of
materials , supplies and trade, consultant and
professional servic s .
b) city construction w rk including, where feasible ,
work funded by spec al assessments and tax incre-
ment financing.
c) where feasible, exp nditures received by the city
through intergovern ental grant programs .
1
� . � � . � . ��,��
d) where feasible , fun s received from non-profit
� corporations or pri ate donations for city pro-
jects or programs w en so authorized by the City
Council.
f) funds appropriated or the purpose of purchasing
goods , services , nd construction work for
Ramsey County to th extend authorized by the
Board of County Co issioners of Ramsey County.
Subd. 2 . Allocation. A the beginning of each fiscal year,
Purchasing Division staff sh ll review the adopted budget for
the City of Saint Paul to i entify proposed expenditures to
which targeted business requ rements may apply. This determin-
ation shall be submitted i written form to the affected
departments . Purchasing Div sion staff shall meet with depart-
ment representatives during ach fiscal year to provide recom-
mendations to the ori�inatin departments as to how the target-
ed business requirements can be met.
Subd. 3 . Ongoin�? revie . The Purchasing Division shall
examine each purchasing requ st to determine the approximate
use of targeted businesses . The Purchasing Systems Manager may
specify tha� bids require th lowest responsible bidder to sub-
contract a portion or percen age of work to a targeted business
as needed to ensure that Cit of Saint Paul and Ramsey County
targeted business requiremen s are achieved. The Purchasing
Systems Mana�er may specify he soliciting of bids only from
targeted businesses upon a 'nding that a sufficient number of
qualified Targeted Business rogram participants exist to ensure
competitive bidding. The P chasing Systems Manager shall main-
tain an ongoing record of s ch decisions .
Article IV: . ragram Eligibility
Subd. l. Application_ p ocess . Purchasing Divi�ion staff
shall develop and administe a process for application dis-
tribution, application revi w, and determination of program
eligibil'ity. The process s all be sufficiently thorough and
complete so as to ensure :
a) that all applicant receive an impartial and •
objective review f pro�ram application
materials .
b) that the applicati n process requires the
submission of m terial deemed appropriate
T�y the Purchasing ystems Manager to make -
a determination on program eligibility.
2
� � � ��- ��G
c) that each applica t will be interviewed by one or
more members of t e Purchasing Division staff
within thirty ( 30 days of the receipt of completed
application forms f�or the purpose of determining
the accuracy of a plication information and the
meeting of progra ,eligibility requirements . The
thirty day period may be extended at the discre-
tiofi of the Purch sing Systems Manager when circum-
stances warrant.
d) that the applican may be required to furnish addi-
tional informatio to determine program eligibility .
e) that each applica t receive a writteri notice of
program eligibili y or ineligibility within fifteen
(15 ) days of the ast interview required for program
determination. A plicants determined �to be ineligi-
ble for the progr m shall receive notice describing
their rights of a peal and the appeal process .
Subd. 2 . Data retent'on. The application and any additional
information collected in suppo t of the application shall be maintain-
ed in an applicant file during the period of eligibility and for seven
(7 ) years thereafter. Applica ion materia7_s of persons determined not
to be eligible for the program shall be disposed of under the direction
of the Purchasing Systems Mana er. All information gathering, filing,
and disposing under the Target d Business Program shall be conducted
in accordance with Minnesota S atute 13 . 37 .
3
_ • , ' � . , ��,���-'D
Article V: Ineligibility
Subd. l: Determination. The Purchasing Division staff shall
utilize the application pro ess and periodic program monitoring
activities to ensure that t rgeted businesses meet all program
requirements on a continuing basis .
( At any time during the appli ation process , the Purchasing Systems
� Manager may refuse to certif an applicant because of a misrepre-
sentation of facts and may d clare the applicant ineligible for
the program.
At any time the eligibility f a targeted business may be with-
drawn based upon a determina ion by the Purchasing Systems Manager
that the business has misrep sented features of its operations
which affected its eligibilit for -the Targeted Business Program
or the composition of the bus 'ness has changed so that it no long-
er qualifies for the program.
Subd. 2 . Declaration of neligibility. When a determination
of ineligibility has been mad , the Purchasing Systems Manager
shall, by certified mail, inf rm the affected applicant of in-
eligibility for the pro�ram, he effective date of the period of
ineligibility, the reason(s) or being declared ineligible and the
process by which the declaration of ineligibility may be appealed.
` Subd, 3 . Appeals process . The owner of a business that has
been declared ineligible may a peal the decision to the Director
of Finance and Management Servi ces . A written protest must be
forwarded to the Purchasing Sy tems Manager within fifteen (15 )
days of the mailing date of th ineligibility notice .
, The Purchasin� System Manager ill forward the written protest and
the applications materials and other information used to make the
original determination to the irector of Finance and Management
. Services who shall commence a eview within 10 da.ys of receipt
of the materials . The Director may request such addi�ional in-
formatian as may be necessary t make a final determination and
sY�all provide an opportunity fo the appealing party to be heard
in person. .
Subd. 4. Findings The Dir ctor of Finance and Management
Services shall at the earliest ossible date, but no later than
45 da}zs af-ter the written prote t has been received, make one of
the following determinations :
a) that the Purchasing Sys ems Manager was correct in
determining that the ap licant was ineligible to
participate in the prog am. .
b) that the Purchasing Sys erris Mana�er was incorrect
in applying conditians f eli�ibility for the
Ta�geted Business Prc�gr m and the appea�ing party
shauld be considered �.s fully eligible for the
prograan.
4
• � • . . . ��'�yJ�U
> .
c) that additional inf rmation is needed from either
or both parties bef re a decision can be made
and a date is set f r a continuation of the appeal.
Subd. 5 . Records . The urchasing Systems Manager shall
maintain a record of all hea ings and actions taken to carry
out the appeals process .
Subd. 6 . Status of appe ling party after rejection .
During the time that an appl �cant is appealing an eligibility
decision, the applicant' s re ords shall be maintained within
the Purchasing Division file . The business shall be eligible
to bid on city or county con racts but shall not be eligible
to receive any of the specia benefits that accrue to
businesses that have been fu ly certified under the Targeted
Business Program. Any contr ctual work currently being per-
formed by an appealing busin � ss shall continue under provis-
ions of the contract.
Article VI: Dur tion of Program Participation
Subd. 1 . Duration. Con istent with the intent of providing
transitional aid to identifi d businesses , the length of time
a business may participate i the Targeted Business Program is
five years from the date of eceiving the first award as a
general or subcontractor while under the program.
Subd. 2 . Name change . usinesses which change their
business name without �hangi g the majority ownership of their
business shall be considered the same business for purposes of
determining eligibility in t e Targeted Business Program.
Subd. 3 . Education and echnicaZ assistance . Businesses
preparing to participate in he Targeted Business Program but
that are not yet certified y receive technical assistance and
participate in educational c mponents of the program. Business
that complete the maximum p gram participation period may con-
tinue to participate in the ducational components of the
Targeted Business Program.
Article VII : Inspections of Targeted Businesses
Purchasing Division staff ma conduct inspections of office and
work site locations of busin sses performing work under contract
for the City and County governments to determine compliance with
Targeted Business Program re uirements and other terms and con-
ditions of performing contr ted work with the city and/or county.
5
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Msroen�rn�rre:
�.eo�iaue�s: . _ -
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Members:
Bill Wiison,chairG��
CITY OF SAINT PAUL Tom Dimond
I�tliif ii111
�is� Ii�u
OFFICE OF HE CITY COIINCIL Kiki Sonnen
� Date: July 14, 198
WILLIAM L. WILSON .
�o,���m� Com ittee Report RE�E��ED "'A��e°;A�"�
To: Saint Paui City Counci! �L1519a�
J
� �L�RK
- From : Housing and Econ mic Devefopme�i�t C�mmittee
Bill Wilson, Chair
1. Discussion on Airport Noise
NO COMMITTEE ACTION REQUIRED
2.. Discussion of Economic Development sues Related to LRT Develbpment in the Midwag
Area COMMITTEE RECOMME?TDED 0 WEER LAYQVER
3. Amendments to Lower Cathedral Hill P an and Resolution adopting the amended Lower
Cathedral Hill Plan as part of the C ty Comprehensive Plan (CF 88-789)
COMMITTEE RECOMMENDED APPROVAL, WIT AMENDMENTS TO THE PLAN
4. Discussion and Briefing on Planning ommission Task Force on Community .
Residential Facilities
NO COMMITTEE ACTION REQUIRED
5. Ordinance creating a new chapter of he Legislative Code pertaining to
replacement housing. (CF 88-997)
COMMITTEE RECOrlr1ENDED TWO WEEK LAYOV R
6. Resolution approving the appointment by the Mayor of Paul Finsness and
Larry Witte to serve on the Truth-In Housing Board of Evaluators, terms to
expire March 25, 1991. (CF 88-1024)
COMMITTEE RECOrIlKENDED APPROVAL
7. Resolution approving tax exempt reve ue bond issue ($650,000 - SPRC, Inc.)
(CF 88-1086) COMMITTEE RECO NDED APPROVAL
8. Ordinance amending Chapter 81 of the Administrative Code providing for changing
the definition of handicapped person , expanding charge of the Set-Aside
Committee and delegating rule-making authority to the Purchase Division. (CF 88-928)
COMMITTEE REGOI�ENDED APPROVAL OF 0 INANCE (CF 88-928), WITH AMENDMENTS,
INCLUDING ITHD . , -
9. Resolution designating Norwest Bank innesota, National Association, as the
Depository for the City's general an payroll accounts and approving esecution
of the agreement relating to banking services for a period of two years.
(CF 88-998)
COMMI�TEE RECOMMENDED APPROVAL, WITH AMENDMENTS
CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 622/298-4646
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