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275928 WHITE - �CITY CLERK � PINK =� FINANCE COl1IlC11 Cf.NIr.RY - DEPARTMENT G I T Y O F S A I N T PA U L File N O. 2'7592� BLUE� , MAYOR ! 4 ` Ordin�n � Ordina ce �. ��Y 7 • Presented By � Referred To Committee: Date Out of Committee By Date An administrative ordinance amending Chapter 81 of the Saint Paul Administrative Code, en- titled "City Procurement from Small Businesses or Economically Disadvantaged Persons. " THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Chapter 81 of the Saint Paul Administrative Code entitled "City Procurement from Small Businesses or Economically Disadvan- taged Persons" as it now appears, is hereby stricken and deleted in its entirety. Section 2. That, pursuant to Minnesota Statutes, Section 471.345, Sub- division 8, there is hereby enacted Chapter 81 of the Saint Paul Administrative Code to be entitled "Purchasing from Set-aside Businesses", and to read as follows: 81.01--Definitions. Subd. 1. For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. Subd. 2. Set-aside Business means a business en- tity organized for profit, including but not limited to COU[VCILMEN Yeas Nays Requested by Department of: Hunt Levine In Favor Maddox McMahon Showalter A gai n s t By Tedesco �Ison 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 . , , . � 7 5� y� � 2. any individual, partnership, corporation, joint venture, association or cooperative, which entity a) is not an affiliate or subsidiary of a business dominant in its field of operation and has em- ployees who work 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 reve- nues in the preceding fiscal year; or b) is majority owned and controlled by a person (or persons in any combination) who is a woman, a member of any of the racial minorities defined herein, or handicapped. Subd. 3. Woman means any person of the female sex. Subd. 4. Racial minoritv means a person having ethnic origin in the black racial groups of Africa; a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin; a person having ethnic origin in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent or the Pacific Island (this area includes, but is not limited to, China, Japan, Korea, the Philippine Islands, Malaysia, Hawaii and Samoa) ; a person having origins in any of the original peoples of North America who is an enrolled member of an Indian tribe recognized as such by the government of the United States or Canada; or a per- son having ethnic origin in the Eskimo or Aleut peoples and who is recognized as such by either a tribe, tribal council or a suitable authority in the community. (A suitable authority in the community may be educational institutions, religious organizations, or federal or state agencies. ) Subd. 5. Handicapped person means any person who has suffered a substantial physical disability. Subd. 6. Small business means a business entity as defined in Section 81.01, Subd. 2 (a) . , , � , 3. 81.02--Set-aside Business Advisory Committee; com- position and duties. Subd. 1. There is hereby created a committee of 15 persons who shall be appointed in the same manner as other City committees; 5 of the 15 persons appointed shall serve for a term of one year; 5 of the persons appointed shall serve for a term of two years; and 5 of the persons appointed shall serve for a term of three years. The Mayor shall designate one of the persons appointed to serve as chair. Subd. 2. Duties. The committee shall hold meetings at such times as agreed upon by the members. The commit- tee shall review the certification recommendations of its subcommittees; hold public hearings on those recommenda- tions; resolve disputes as to the qualifications of a set-aside business as such a business; maintain and add to a master list of set-aside businesses; and do such other things as are reasonably necessary to effectuate the purposes of this chapter. Any aggrieved person may appeal the committee' s decisions to the Council which shall have the power to modify any decision of the committee. 81.03--Women' s set-aside business subcommittee; racial minorities 'set-aside business subcommittee: small business and handicapped persons ' set-aside business subcommittee. Subd. l. Women' s set-aside business subcommittee. The chair of the committee created in the preceding section shall designate 5 members to serve on the women' s set-aside business subcommittee. The subcommittee shall screen, pro- mote and do such other things as are necessary to secure the participation of set-aside businesses, which are major- ity controlled by women, in the program established by this chapter, but all actions of the subcommittee must be approved by the committee. Subd. 2. Racial minorities ' set-aside business sub- committee. The chair of the committee created in the pre- ceding section shall designate 5 members to serve on the racial minorities' set-aside business subcommittee. The subcommittee shall screen, promote and do such other � 1 ' • , 4. things as are necessary to secure the participation of set-aside businesses, which are majority controlled by a racial minority, in the program established by this chapter but all actions of the subcommittee must be approved by the committee. Subd. 3. Small business and handicapped persons ' set-aside business subcommittee. The chair of the com- mittee created in the preceding section shall designate 5 members to serve on the small business and handicapped persons ' set-aside subcommittee. The subcommittee shall screen, promote and do such other things as are necessary to secure the participation of small businesses or set- aside businesses which are majority controlled by a . handicapped person, in the program established by this chapter but all actions of the subcommittee must be approved by the committee. 81.04--Set-aside of appropriations. The City shall for each fiscal year designate and set aside for awarding . to set-aside businesses approximately 20 percent of the funds appropriated for the purchase of goods and/or ser- vices, including construction work. Of that percentage, approximately one-half thereof shall be used to purchase goods and/or services, including construction work, from small b:usinesses or set-aside businesses, the majority control of which is vested in a handicapped person; approximately one-quarter thereof shall be used to pur- chase goods and/or services, including construction work, from set-aside businesses, the majority control of which is vested in a woman; and approximately one-quarter thereof to purchase goods and/or services, including con- struction work, from set-aside businesses, the majority control of which is vested in a person of a racial minority. 81.05--Application; how processed. The City via its purchasing division shall process applications from any • • + i � � , �, : , ; . ' . f��cr7�� 5. interested business and shall forward the applications to the set-aside business advisory committee for its review and approval as a bona fide set-aside business. Until approval or rejection of any application of any interested business, the City may allow participation in the program established by this chapter pending a decision of the committee. 81.06--Percentacre to a set-a.side business. The City may, whenever it deemes it feasible, solicit bids that require the lowest responsible bidder to subcon- tract a portion or percentage of work to a bona fide set-aside business. 81.07--Restrictive competitive bids. The City may, whenever it deems it feasible, solicit competitive bids from among only set-aside businesses. 81.08--Denial of access to a public service; relief. Any set-aside business that is aggrieved by a wrongful denial of the benefits of this chapter may seek relief pursuant to Chapter 74 of the Legislative Code as a denial of access to a public service. 81.09--Rules, recrulations and forms. The Mayor is authorized, acting through the Director of Finance and Management Services, to promulgate such rules, regula- tions and forms as may be needed to carry out the duties and responsibilities set forth herein. c c;u�i.si nt;cis;er J �'Ui. 4�, t`D. G3G ( �lOi'i�:34', UBC,CST1llc C 1, 19f;a � Kllle5 and P.e�:�1��10?:S � %��13 � • _ . � -, ----- � EFf'cCTIVE DATE:December 2, 1980. extent permsited by the Federa;CCCdit small business cancern:�us:.flT��n°. ` A�eRess:tiational Credit Union L'nion A�L It is the NCU:�Eoard's other things,be o�ti•ned sfl3 cor.'rc:'ed P.0�ir.istra,ion,L":6 G S.:eet,N.til., opin:on trat�onsumers,credit unions by socially and economica'.ly LV;:s�:sgior.,D.C.ZC�56. and othe:fi,^.ancial institutions will not disadvantaged individua!s.Sec:ion f�R FURTHER IttFORMATlON CONTACT. be harmed by this action T6erefore. the 8(a)(5)of the Act,15 U.S.C.&37(a)(5), _ Joseph �V.?e:rosky,Office of Board,for g�od cause, finds that notice defines socially disa�rantagzd E.�aminat:on and Insurance.Telephone: �d public procedure on this action is individuals as"those who have been (^_02)�5i-1055. unnecessary and thus exempt by 5 subjected to racial or ethnic prejcdice or • SU�PLERAENTARY INFORMATION•On U.S.C. � 553(b)(B).Further,since this cultural bias because of their identity as September 25,1980,tf:e NCUA Board action relieves restrictions,a 30 day a member of a group without regard to t conducted a preliminary review on a delayed effective date ia not provided,5 their individual qualities."SBA's � proposal to deiermine the need for U.S.C. $ 553(d)(1). ezperience over the past hro years regulations concerning the selling and Pracedure forRegulatory suggests that existing criteria appearing ? cashing of checks and money orders and Developmen�The procedurea set forth at 13 CFR 124.1-i(c)(3j aeed to more altemalive approaches to achieve the in NCUA's Fnal Report"In Response to gpecifically deffne social disadvantage � purpose of the regulations. Executive Order No.12044:Iruproving in order to grovide more meaningful A.fter deltberating on these issues at Government Regularions"have been guidance to the general public.8(aj. '• the open board meeting of September 25, waived in accordance with the applicants.and SBA personneL' � 1980,it was the unanimous decision of exception provided in Part 1 of the final 'this iaterim rule clarifies SBA's the NCiJA Board to eliminate or delete report The official responsible for the e�s�8 policq with respect to defining all of the.prorisions of the two decision is Robert M.Fenner,Asaistant eocial disadvantage for purposes of_ � regulations.. � _ General Couneel - SBA's Section 8(a)business �= � This action will allow greater � R B " � -_ � � development program. . - . �. ' . °� CA�' � DAT�This interim rule is effective on .•. + flexibility to the board of directors of . �ry,Nationa!Cned�t Unioii. ., , December 1.1980.SBA�iavites --.. . � Federal cxedit uniona in the - ... Administrat;on Board � . comments on the rule n " ; eatablisbment oE policies and - :: Nwember 2a,1980. p �°r t°im . . ; procedures concerning the aelling and _ ��1��t 630 �Z U.S.G. Publication in finai form.Comments ' cashing of checks�and snoney orders. - � � must be received on or before janueuy - { The NCUA Board indicated that this g l�s�(�2}k Sec,�2,�Stat�5(12 U.S.G 3�,1981. - , : - � . actian was taken in the interest of , g 17��` ` - A�oRES�Comments should be ; reducing the regulatory burden imposed Accord:ngly,l2 CFR 701.22 and 701.23 submitted to:Daaa Stebbins.Special � - upon Federal credit unions.The NCUA. � �hereby amended as�et forth below. Assistant to the Associate _ . � . - . Board is ' Adminis�ator for Minori � � i Particularly iaterestedan ' g 7ot.22-iDeleted) : . . ty Small reductng the cumulative effects of • Business and Capitol Ownershlp - - ' cegutatiofls upop small Federal credit , 1.12 Cf'R 70i22 is deleted. Developmeat,Small Busiaess _ unions. •, g Tp1.23 [Deleted] Administration,Room 317.1441 L St., . With the elimination of the 2.12 CF'R 7p1,23 is deleted. h�•�Washington,D.G?A416. . � regulations.a Federal credit union is ��F�11-�&4S�I FOR FVRTHER INFOR�1ATiOH COliTAC7: still restricted in the fee it can assess B��5�� Dana Stebbins(202j 653-8589. . upon a member nnder the Federal Credit SUPPLEMENTARY iNFORk1ATfOfC III Union Act(12 U.S.C. �1757(12)).This promulgating this m�re specific ` sectioa providee that the fee for selling SMAtI BUSINESS AQMINISTRATION definition of social disadvantage,SBA • � or cashing of checka or money orders . � has adhered to the legislative inteat ' � can not exceed the direct aad indirect . 13 CFR Part 124 behind Pub.L 95-507:that sta� �osts incideat to providiag auch �desi�nat�ed racial and ethnic a�unorr��u s services. , , . . [Amdt tol ._ . be the rima�eneficiari o t�he�8 aj, _ NCLJA plans to incorporate the . ' pefinition ot Social Disadvantag� Program, ut at o er disadvantaged_ ' ' informatioaal provisioas of paragraphs individuals be eiigible for the program. - {b).(c).[d)and(e)a�f the reg►ilations mto ac�cY;Smaff Business Administration. This regulatory definitioa is published an appropdate NCUA manual so that Acnot�Inteiim rule. ' as an interim rule for two reasons.First, guldance is available for Federal credit ' it primarily clarifies existing policq ' union should they wish to provide this sutaMA�nr:Section e(aj of the Small rather than proposes necv policy. . senrice. ' .. . Buainess Act("the Act"),15 U.S.G Second,and far more importan� � RegulatoryAnnlysis:No regulatory 637(a),establishea a business administrative consideratioas require . analysis has been developed for this development program in which SBA that the rule be effecti�e on date of regulatory action because it will not enters into contracts with other Federal publication.A number of 8(a) result in(iJ en annual effect on the - agenciea and then arranges for the applications which are peading in SB�, economy of 5100 million or more,or(uj performance of such contacts by and which raise ques:ions about the a major increase in costs or expenses for negotiating or otherwise letting social disadoantage of the applicants, all,or a significant portion o�Federal or subcontracts to socially and need to be processed.The inkerim federally-insi:red credit unions with economically disadvantaged small nature of this rule wil!ensure assets under.a^i million or for other business concerns.This program. expeditio��s decisioas,ar.d��e criteria financial institutions. commonly referred to as"the 8(a) contained in the rule wiil er�ar.�e the Fai?ure To Solicit Public Comment 'program",x•as given a firm statutory soundness of those decisions. The deletion of these two tegulations foundation in P�b.L.95-507,enacted As a matter of fa:rness,haw�t�er.SBA will permit Federal credit unions to October 2�,1978. will allow any curre�t ag�l:cant dee:ned exercise the authority to sell and cash To be certiFied es an 8(a)�rm(and ineligible for the 8(a)program for failure checks and money o*ders to the full thus elicibie for 8(a)program benefitsj. a to establish his o:he:scciai . • . ` ..i�7,E .. ...-r.. . . :�. . ... , . . . _ .� � .� ,�w..,.. ,_ � ..-` - -� � . . . . ' ..- . _ , . � . ti • . ✓ y , :" ' ' • z�.3C:.. '_'a7�l.L�'�;.'tf�'t�^?S�`v�;r.i�:�'s. � _� #6..a'F�?fc aY±4►e_�}!'�w.�G.:.C�a wo:s_�.. -:7:�..�:v. -.:.. i�R,..''t+q'�. ,�'&''r:.Y+fTy,.��-- '�stA::t.a.+sr:4-. . . .'��.....t• ...._, ._ M+'r_ sa;' _.r.�,T...,_-...w,l7i.iii+..'�F#•.`= ' .y- 1 • , � �� r. .. ��414 Federal Register / Vol. 45, No. 232 / Monday, December 1, 1980 / Rules and Regulations � 3isad��antage to present further In enacting Pub,L 95-507,Congress applicar.t firm—a condition shared hy . e��idence of social disadvantage in light did not mean to esto�v 8(a)prooram many small businesses. c:the crite:ia contained in ttus interim �b_e_n__e_f_'_t�indiscriminately on s Second, the individual must ru�e. Similarly�,SBA�•ill allow any ub siness- er,g, so�.Rather,it sosght to demonstrate that he or she has i::ture appticant who,priQr to the finat sinRle out f'or special treatmeat those personallv suffered socia]disadvaniage. promulga:ion of this rule,seeks entry persons who have had x:eatest This can be acFeved,for exasple,by ' into the e(a)program,and who is difficult ,through no fault of their•own, describing s�ecific instances of - deemed ineligible for faiture to establish in ac ievinA a com�etitive�osition in. discriminaiion w ic� e individuat has sacial disad�•antage,to present further the business world.Hence,its e erience ,or by recounUn-g ome e�•idence of social disadvantage in light designation of inembers of certain etai how 's or her de�•elo ment in the ; of the criteria contained in the final rule. minority groupa as socially business world has been warte by � This interim rule replaces 13 CFR disadvantaged.The clear aad-- one or more of the factors previously � 124.1-i(c)(3j[i)and(ii)with new convincing evidence standard will discussed.In asaessin,g such facts;SBA .- ..;�. subparegraphs(i),(ii),and(ui).The ensure that only those individuels who wi11 place substantial weight on prior. existing subparagraph(iii)."Minority have been aociallv disadvantage�to the edministi'ative or judicial findings of • Group Inclusion".is renumbered same�e e as des' ated discriminatioa experienced by the - 'subparagraph(iv).SBA is - mem ers will have access to the 8(a) , individual.Such fiadiaga,however,are '° °'�': ,simultaneous�y proposing that this ' program.A lesser atandard of proo� not necessarily conclusive evidence of ► __�,. subparagraph(iv)be amended.See tbe such as the preponderance of evidence . ��dual's.social disadvantage;nor_';��;;;: - notice of proposed rulemaking published test used in many civil cases,would - ��eY g P��9w8ite for estabtishing��`;:Y�',- in this#ssue of the Federal Register. ` � � allowweak'cases of social disadvaatage social disadvantage. - - - . , = � New subparagraph(i)reiterates the to be made,thereby floodiag the In esaence,it is insufficient for a - statutory definition of sodal- : ' '=: program with firms having little�laim to, Person w ho fs a er o f a n :�� - �� disadvantage and expressly states that �. or need for,its remedial bene$ts:A desi ou to mere y assert his or_ _ the social disadvanta e of individuals more rigorous atandard of pmof.such as �'memb rshi m e u s&proof of-'.'� - . must stem m circumstances�evond the reasonable doubt test used in Bocial 'sadvantage.For example,since-. their controL The contro test is besed crimiaal casea,would make It overly Congress did not intend for women to be � . � on t�e staiutory requirement eppearing difficult for socially disadvantaged designated as a_socially disadvantaged at Section 2(e)(i)(B)of the Act,15 U.S.C. individuals who are not members of gi'oup, female a licant could not 631(e)(i)(B),and on the legislative designated groups to gain entry into the $�p�Y�a� at er status as a woman , . history of Pub.L 95-507. program. established her aocial disadvantage for New subpazagraph(ii)states that,in New subparagraph(iu)ouflines the � P�'Poses of the 8(a)program.ln the absence of evidence to the contrary, various elements�nrhich an individual 88Bessing an individaat female's claim, . a�embers of the racial and ethnic ArouDS • must demonstrate to establish a clear however,SBA s judgment would be i e�nU' �e�d as socra y disadvantaged in and convincing case of social : . . � �ormed by relevant legislative. Sectian 2(e)(1)(C)of the Act,15 U.S.C. disadvantage.Each of these elements is administrative:or judicial findi�gs _ 831(e)(1)(G�,or administrativel �- � discussed below. � - . _. ' Pertauiing to women in business.e.g., =':3 �F=: � designated as soci v vantasted - . Fn�et,the fndividual's social • �e report of the PresWeni's Task Porce:- ,� .;:: ------ on Women Business�ers.The �� . :pvrsuant to subparagraph[iv)of thia disadvantage must stem from one or Bottom Line:Unequal Enterprise ur `'� '� rule,are considered aociallv more listed causes.The factors of color : ,q�erica Qune 28.1978).Similarly,w�ile' . disadvanta ed.Since Cottgress has and nationel origin are based on the Hasidic jewa seekiAg entry into the e(a).� gre . oua t Black Americans.Hiapanic atatutory concepts of racial or ethnic p��muet make an individualized � ' � Americans, ative Americans,and with prejudice.The factors of ender Showing of social dissdvantage in � - tbe enactmeat o .L 9 on July h sical handica ,and long-term accordance with SBA's April 9,1980 ' 2,1980.Asian Pacific Americans.are � resi ence in an environmeat isolated . . , decision,the findings in the dedsion �� socially disadvanteged,members of from the.mainstream of American • pertaining to Hasidic Jews in general �, -� those gro�s n,.gg�,�as a general rule, society,fall within the statutory rubrIc �,�,�belp to inform SBA's judgmeat as to sent an' vidu ized case of social of cultural bise.These factors are � e strength of particular cases. � 'sa vantage. BA ia aware of intended to e illustrative rather than �Third,the in,d�'vidual's social ' evidence suggesting that an applicant eachaustive as to the meaning of cultural isadvantage must be roote in � who is s member of a designated group bias. treatmen which he or ahe hes is not actually socially disadvantaged Esaeatially,the individual must be _ experienced in American so ic e�t r.Each �owever,the Agency may requ;�re the able to relate his or her soci of the atatutorily designated groups has - applicant to submit f�� disadvantage to one or more of the . _ historically been abnsed in this couatry documentation of his or her sobial ltated cauaes,or similar ceuses.The (e.g.,the enelavement and subsequent : � disa vantage. _ • indi�tidval cannot e ta lis social disfranchisement of Blecks;the near- _ . _ New aubparagraph(iii)establishes disadvantage on the basia of factors � extermination of Native Americans). � standards by whicb SBA can assess the which are c_oaunon to small businesa The 8(aj program is in large part 'a so�ial disadvantage of those who are persona who are�socially designed to overcome the effecta of such ��" not members of designated groups.Such• disadvantaged.For example,many " payt injustices.It is n,Qi desiQned to �: individuals must establish their social smell businesses have difficulty assist newcomers to America who have ::=" Jisadvantage on the basia of clear and obtaining credit through normal banking been o�pPre�s�sed- in forei n lands.- �" convincing evidence.While no system channels.An indi�•idual predicating a Four�i,t-he 'in ivi ua 's socia ;or assessing individval social social diead�antage cla;m on denial disadvantage mvst be chroni , �. disadvantage can.be perfect,SBA bank credit would ha�e to establish that longstandinA.and substantia .1�'ithout believes that this approach is equitable t e enial��as based on a factor such as prejudging any particu2ar case, it would ar,d cunsistent with Congre.'ssional color or end ,not simply on the be difficult for an indi�•idual to present � intent. . . � margina usiness status o[;he clear and convincing e�•idence of social . i � + � , .�� Federal Register / Vcl. 45. No. 232 / ;�fond2E�. Decer.:ber 1, 198G / Rulea and Re�ulations ;9�15 ► • disad�-anta;e based on o:ilp one from circumstances beyond their ` .� educational honors;social palterns or i�cident in tirhich the indi��idual's status co;.Vol. � --' �``_ pressures tivhich have discoti:raee�the 'r.e'.d hir:or he;back in the business (ii)hieinbers o{Dssroanted Groups. In indi�•idual from pur�uir.g a professions] � �:er:1.Tti•picail��,a number oi incidents the absence of e�•idenca to the contrary, or business education;and ether sir.iilar ::iustratu:g a person's social the following indi��iduais gr,�e considered factors. � disa��aata;e ti�•ould be necessary to social;y_disadti�antaEed:Black (2)Er,7p?orment. SBA sha:!ce^sider, ma;:e a successful claim.Usuall3�,only Americaas;Hispaa;c i.mericar:s;1'ati� as e�•idence of an indi��id;:al's social b}�demonstratinR_a serie of ob ta s Americans Am ri ln�i Eskimos, disadvanta�e,discia:inatiea ir.h:ring; �•,'hic�a he or she as face in the euts,or Native Hazvaiians);Asian �scr:�ination in pronotions end other , b�si..ess v►�or. can an individual Pacific Americans(persons with origins as ects of rofessional advancement; u�e:nonstrate c onic, longstanding from Japan,China,the Philippines, p p social disad�•antage—the ty�e of social Vietnam,Korea,Samoa,Guam,U.S. �scrimination L�pay and frin�� d'isad�•antage which the 8(a)program Trust Territory of the Pacific Islaada, benefits;discrimination ia other te:ms • �Las designed to ameliorate. Northern Mariane Islanda,Laos. and conditions of e:nploymen� Fifth, the individual's social Cambodia,or Taiwan):and members of ��liatory behavior by an employer, disadvan;age caanot be established in other groups desigaated from time to social patterns or pressures which have the abstrac�Iastead,the individval time by SBA according to the channelled the individual into non- _ -, must demonstrate how his or her sociat procedurea set forth at�124.1-1[cn3)(ivj prnfessional or non-business fields;and disadvan as ad a ne ative�act of this section. otber similar factore._ on nro essional�or career eve o me t (iii)Individuals Not Membens of- � (3j Business Hisfory.SBA shall and has im ed advancement in the- Designated Gronps.Individuala�who are "". �nsider es evidence of an individual's business worl e closer the not members of the above-named gronpa B��advantege,anequal acxess to . individual can link impairment of must establish their soaial disadvaatage � ��or capital;acquisition of credit or . business opportur.ities to social on the basis of clear and convinciag - , • �P�tal uader unfavorable disadvantage.the stronger the case.For evidence.A cleaz aad conviacing case ��g��.��ation in receipt . example,SBA would place litde weight of social disadvantaoe must include the . �aw��d/or bid)of go�ernment " an annoying incideats experienced by followiag elements � " contract�discrimination b tential . an indi��dual which have had little or no (� (A)The indfvidual s social `' ` client�exclusioa from busine s ar impazt on the person's career or disadvantage must stem from his or her business developmen�Oa the other color,national origin;gender,physical professional organizatians:and other hand,SBA would place greater weight handicap;long-term resident in an sunilar factors which have retarded the on concrete occutrences which have environment isolated from tl�e indfvidual's bnsiness develapmen� tangibly disadvantaged an indi��dual in mainstream of American society;or • • • • • the business world. other similar cause not co�non to small [Catalog of Federal Domestic Asatatance There is no limit to the type of business persons who are not socially program No.5g.pos,Minority Businesa evidence an applicant can present to disadvantaged. • Development—Procurement Ass;stence) , attempt to eetablish the causal (B)The individual mnst demonstrate Bated:November,20.�9eo. • retationship hetween his�or her social that he or she has personally suffered q,Vemon weaver, - disadvantage and impairment of social disadvantage,not merelq claim '. business opportunities.SBA is . membership in a non-designated group Rdm;nistnator. ' particularly interested,however,in which could be considered social}y � t�xn�.eoanr��u�a1��aass.�1 receiving information pertaining to the disadvantaged. e�wNC cooe�s-o�� individual's ducationa x eri (C)The individual's social em .nt a�and u in disadvantage must be:ooted ia . „i��y.A person's experience in those treatment which he or she has DEPARTMENT OF T�tANSPORTATtON areas oflen will shed light on the experienced in American society,not in ._ impediments which he or she has faced other countries.• . _ Federal Avfation Administration in acquiring businese-related akills, (D)The individual'a social : income,and business contacts. disadvantage must be chronic.long- - 14 CFR Part 39 Accordingly,pursuant to Section standing,and substantiaL not fleeting or 5(b}(6)of the Act,15 U.s.c.s�(b)(s), insignificanL . [pocket Na 80-NW-<7-A0.Amdi 35-39701 SBA amends 13 CFR Part 124 by (E)The individual's social redesignating existing�124.1-i(c)(3j(iii) disadr•antage must aave negatively Airworth[ness Directives Boei�g ds(iv);revising(c)(3)(ij and(ii)and impacted on his or her entry iato,and/or Modet T37 SeNes Aitplanes Equipped adding a new subparagraph(iii)as advancemeat in.the business wodd. yyith Auxiliary Body Fuei Tanks folfows: SBA will eniertain any tele�aat 4�2a.t-t The SecUon 8(a)prognm. evidence in assessing thi�element of an Cotrection applicant's case.SBA K�ill particularly ��g Doa 80-34938 appearing on . � ' ' ' ' consider and place emphaais on the (cJ Eligibility. following experiences of the individual, P88e 74467 in the issue for Monday. ' • • ' where relevant:education.employmen� November 10.1980,in the second - �(3)Social Disodvnntage.—{i)Generol. and business history. column,first paragraph,second line Socially disadvantaged individuals are (I)Education.SBA shall conslder,as "listed as 10-61707-:11"should be thuse who ha��e been subjected to racia! evidence of an indi��idual's social cortected to read"listed as 30-�i1707�i1 . • _ - or ethnic rreivdice or cultural bia� disadvantage,denial of eqw+!access to (Original Designj;10�1:07-71(Interim t,c�ause of t�eir i�de�nti,t�as a member a business or professic.^,al schoo3s:denial Design):and 10-61707-711". -��^-ou._�.�,•iLhout reg�ard to their ot equal access to curricula;exclusion 6�LLING CODE 15J5-0t-4 �:Tidua! qu�3ities.The eocia! from social and pro[ess�onal asseciation �::s��dt•.�nte;e ot individua,ls must stem „•ith students and•.eachers:deniel of ' � J . � . �Y 7�� Federal P,eo ster / Vol. 45, No. 232 / MondaS•, Decer.:ber 1, 1980 / Proposed Rules 'i8997 vnrposes of SBA's Section 8(a)business discrete,and the traits of its members � (B)Standards.In determining whether �ere'opmer.t program.. . sufficiendy common,as to Karrant s " � a group has suffered chronic racial or Q��ES:Comments must be received on determination of minority group status. ''�. ethnic prejudice or cultural bias,the rr before January 30,1980. In other words,SBA v�:il first deter�ine, Administrator,after consultation with _iw. � aor�ESS:Comments should be on the basis of the numerosity and the AAJMSB-COD,shaII determine(1� �:;br:iitted to:Dana Stebbins,Special commonality of group members, whether the number of polential8(a) :1ss:stant to L�e As.sociate whether consideratian of social applicants from the group is so _ �aminist:ator for Minority Small aisadvantage on a group basis is substantial as to administratively "`'� c;;s:ness and Capitol O�vnership pp opriate. SBA will then determine, warrant a determination of minority '�1;�;;. Uere:opment,Small Business according to the remainiag criteria, � group status;(2j whether the �dministration,Room 317,1441 L Street �+'hether an overwhelmin number of �up ig � 8 sufficiendy discrete,and the trsiis of its �'�"- �ZV.,Washington.D.C.20416. group members are socially . members su�cienUy common,as to �� FCR FuRTHER INFORMATtON CdPtTACT: �38dvantaged.We believe that it would warrant a determination of minority �?� Dana Stebbins,(202)853-8589. be an abuse of discretion for SBA to� group status;(3J wh th r an /� ��rLL SUPPLEMENTARY INFORMATtON:SBA hes designate a group as socially overwhel�ina maio�of / ` disadvantaged in the absence of �°up � � published an interim rule elsewhere in mem ers have suffered lonst_term this issue of the Federal Register evidence that an overwhe2aaing majority r�'u�ce aad discrimination' of group members are aociall �3L _ clarifying ita policy with respect to Y . Ameri society;(4)whether an defin' social disadven disadvantaged. - I ty �P , �8 tage for : p�posed eubdiviaion('rv)(Cj describes ov�� ' �'o�' of . purposes for SBA's Section 8(aj business . how applications for minori membera have suffered,and contiane to ' d�.��elopmenf program. . tY�'°uP suffer.the e$ecta of discriminatory Ssbparagraph(ii)of the interim ruIe' . $��S�ould be submitted to SBA and practices or similar invidious � pmvides that,in the abseace of establishes the pmcedures by which � �stances over which they bave no evidence to the'contrary. era of.`, SBA will solidt public comment on such applicaHons.The public comment eriod control;(�whether such conditions �desi�na�ted min�rity groups�a�, has been extended hom thirty to sixty have resulted.and continue to resutt,in . �ons�3ered socially dissdvantaged � '. economic deprivation for an _ " ' Subparagraph.(ii)a lies to th _ days because of the importance of the . • . � • . issues involved in aay group � - -overwhelming ma�ority of group - - firouns desistnat�d stat�},�,e as socially .gpplication.It remains within Sg q�s �embers;and[e�whether such � disa dvan tage d an d to m i nority groupa conditions have produced.and continue � administratively designated by SBA as �scretion to echedule a hearing on any to produce,impediments in the business i:"A` eociall disadvanta ed. �. grOUP aPP�cation. . Y g world for an overwhelming majority of This proposed nile states the criteria Pr°p°Sed subdivision(iv)(D)makes � 1 and procedures by which SBA lans to clear that onl if there is clear and �'°uP�embers;which imgediments are "" P coavinci evi ence of the u ' beyond their control and not common to `; , rr:ake administrative determinations of � n �� all smaU business persons not socially group social disadvanta e.Itmodifies BOCia isa vanta e,in accordance with _ g e criteria state m subparagraph �sadvantaged.� rt� and,ta a large exten�clarifies,the (C)Application.An a -� - existin re ��)�)�W��e Administrator determine pplication for 8 gulations,renumbered 13 CFR �at the group shall be deemed a - �ority group status ahall be subrnittec� ' � 124.�--�jcj(3)(ivl by the aforementioned in writing to the�dministrator.shall i�terim rule. . . minority group for purposes of the 8(a) This proposed ruIe provides that the PrO��'We believe that it would be an adequately describe the minority group - Administrator,after consultation with - abuse of discretion for SBA to deaignate on whose behalf the epplication is the Associate Administrator for e S�up as socially disadvantaged in the made.and shall be adequately Aii:,ority Small Husiness and Capitol 8bsence of clear and convincing documented.If the gpplication matces a OHnership Development("AA/MSB- evidence to that effecrt. � P�a fac9e showing as to each of the six COD"),shall make determinations of Accordingly,pursuant to Section standards described above.�the 5(b)(6)of the Act,15 US.C.834(b)(6j, Administrator,after consultation with :fs'asp social disadvantage.This ; - SBA propoaes.to amend 13 GFR 124.1- �e�/MSB-COD,shall,within thirty �nf'arms the existing rule to Section 105 i(cj(3)(ivj as follows: - days of receipt of the application,direct of Pub.L 96-4g1,enacied on October Zl. that a notice be published ia the Federai �980.w+liich amends Section 6(a)(8)of $124.1-1. The Sect�on g(a)pn�gram, ' Re ' ter solicitin t�e Small Business Act("the Act"}to � � g public comment on ` ` ' � ' • � the applicaHon.The notice shall pro��ide P�vide that the Administrator shall . (cJ Eligibility.• • • for a sixty-day comment period. � r�ake such determination after /� [3)SocialDisodvantuge. ` • • lnformation shalt be submitted in consultation with tbe AA/MSB-COD.It(�" (iv)Minority Group Inclusion.—(AJ written form,or orally at such hearings ` u Ant anticipated that this rule chan e Pu ose.The azll have an s' g � P�'Pose o:this subdivision as SBA may hold on the matter. Y �cant effect on SBA (iv)is to esteblish a pracedure by which (DJ Decision.The Administrator,after Procedures,since our prior practice has a representative of a minorit ou csn consultation with the AA/MSB-COD, been for the Administrator and AA/ ,�ro�ve that the ou as suffere shall render e decision on the �LSB-COD to jointly make euch � cTi�r^____o'nic racial or e �c�j+��p or application for minority group status . determinations. - � culturaT6ias.,y' rou�is determined within thirty days of the close of the Proposed subdivision(iv)(B)t{ghtens to have euffered chronic racial or ethnic comment period.The clecision shall be � e7�g�g atandards by which SBA will pre�udice or cu tural bias,it ha � '° ��3e b�'ouP applications.SHA will deemed a minori or ��S�d shall be based on " S ►.^.itially deiermine whether the aumber ecUon 8(a of the Small Busipn ss Act,�f pplic ion.Notice of the dec s on h Ue �� rpotential 8(a)applicants from the and'rt s m e m b era sh a l l b e a ccor de d t he be rom tl 8�oup is so substantial as to `—'-'---- P P Y published in the Federal • ' • ��ministrativel warrant a same status as members of those Register.Only iI the Administrator '��-�, Y mi,_ nori�groupa specifical;y named in _ determines,on the basis of clear and `t'- �E1e:mination of minority group status; Section 2(e)(1)(C)of the Small Business convincing evidence and after ':;�* °'+d whether the grnup is suf[iciently Act. . consultation�vith the AA/MSB-COD, . . . . � , , . I ' . ' • , , • . . • . . � aES oi.vY i on 527A� � . � �. . . . ,. . NHE'e'.FAS thc Minnesota In:3ian� Affairs .Intertribal Soard v�s ereated , . � . , ' by the Minne�ota. Legislature to represent the Indian tribe� and � - people in their-deali�Qs .with state govertunent ; and . � � ,�, • . ��; � W'rIfP.EAS the dcties of the board inclLC]e acting �s �n ir,termediary � � . � • �: • between Indian interests and state agencies and departments wh�n ' -., . ,; � uesticns � � � , Q , pratleas or conflicts exist cr• arise; an8 ,:; . � � . =< F�EAS the DeFartaent o:' �conomic Develop�eht h$s estabLfshe3 kµ • S �7i ' ��' �:idelines for its Hinor`ity Husiness fnter rise ' � ' _ p pragrsm Lhicb in- . elude a defir.ition of Lndians crhich is inconsistEnt vith the defini- � . � , tian adrec�te� ty this boar�, , . N��' �:�TFF'�FtF EE I? RESOL'1F� that tre Eo�rd ask tbe Ca�nissioner of £coaoaic De1•eloprrer.t �o vse ss •the definition fer In�isn in ali ` th� Department•s guidelines and other rules or regulations or pro- � ' �, �� . Fosals the follc�:ing: - • � _�� ; • . . ' ' "tadian - An indiviaual hsviag origins . in any of th� 4 � ori�iaal Feople cf North A�.�rica �ho i�, an enrolle3 ' me:�ber of an In3ian trite reco3nize� ss such �y th� �,� g��•ernneat af the 'Jnited St�tes o: C�aada." ;,�, � � . • . - . AaoFte3 this second day of M3y, 1?78, by � •:ote of 70 for and �� . 0 against. • i� . , . ., . ' t � � • � C�- �� - t: i��-,,�- t � . . �:; � '� P, er A Jourd�f Ct� C'� � � ,.� �� • , irtna,n . �, ' � . . `• . . . '`'� . � ,?.�rt�.�' �t/�r,�zal� � " . r.� -------.-- � ��'~ Vernell Waba�ha Actin Se � ' � �;: • g cretary , �: � . . • . � ' . ��` � ,� , ' ' • . , . . � • . . � � ' � � • . , � • . � RESOLUlION 527A�, � . � ' . � � .• . A� �1HFa?FAS thc Minr,esota In�ian� Ai'fairs .Intertribol 8oard v�s created � . . , by the Minne�ota. Legislature to represent tl:e Indian tribe� and ; pcople in their-dealinQs .with stste gover:unent ; and. � � �� _ .�;,. �'`` � �TriEP►EAS the dLties af the board inclucle acting t�s sn ir,tez�ediary :�� • betveen Indian interests and state agencies and dEp�rtmeats when ' St.::�.:.. . � U85t�C1lS "' Q , protleas or conflicts exist cr• arise; ana � �� , f1FiE�EAS the Derartaent o:' �conorajc Develop�nert has estabLfshe3 � ;��`� ' • .� . . . i; , �delines for fts Hinority Business Enter rise ' ''�� ' - . . P progrs+-n Lhi cb i:�- . ,��: c�ude a defir.it3on of In3ians which is inconsistEnt viEh the rlefini- . . , . . tion a��-c��te3 by this boar3, . . „ Na�' �EFOit£ EE I? RESOL7� that tre Eo�rd ask tbe Ca�nissioner � of £coaoraic Developaeat �o vse ss �the definition for Inaisn in alI ' thz Department •s guidElines and other rules or regulations or pro- � • � • 4�; • � . . , ,. �� , gosals tbe fo2.lc�:ing: - � , �,.: :,� . E�� "Indi�n - An i ndiviBusl having origins .in any of th� � orieir.al Feople cf North Aa,�ric3 ,he i� , an enr�lle3 ' me:�ber of an In3i3n trite recognize� ss such by th� � �overnneat �f the 'Jnited States or Caaada." '�:.. .�.: . -z- . � ry" . AdoFte3 this secon�3 day of M3 lQ 8 b � �; o � : . Y• .7 , y ot„ of Z 0 for and . � ageinst. • �� ' . . ' . • �` �� , ' • � -� � i:�;:, /�t�/ '7;f.''� r _ / • . � �11 ;: • , pg�Er . �:_< � � A. Jourd��, Ctiai ru�an � .� � _ . � ,z��' ��r,�zal� . � ' . ______`___�-- Vernell Waba�ha, Actin� Secretary � ' � �'` ' �` • ' . . ' . ;;�;: . .� . . . , � � - ��s�� ,....n,,,�,,,:;;,. - _R��ITYOFS,;, CITY OF SAINT PAUL �"" ' '' OFFICE OF THE CITY ATTORNEY =O .�I[lIIII y= . ��, �"--`�-t1'� „=" EDWARD P. STARR, CITY ATTORNEY ,e,. , 647 City Hall, Saint Paul,Minnesota 55102 ` °• 612-298-5121 GEORGE LATIMER MAYOR November 20, 1980 Councilwoman Joanne Showalter 713 City Hall Saint Paul, Minnesota 55102 Dear Councilwoman Showalter: Pursuant to recent conversations with Jean McGinley, the set-aside ordinance scheduled for a second reading on November 25, 1980, is to be amended at that time by your moving the substitution of the attached pages 2, 3 and 4 of the present ordinance that has been introduced. The attached pages 2, 3 and 4 reflect the following changes : a) On page 2, Section 81.01, Subd. 2 (a) , has been amended to include an additional reference point of 45,000 employee hours; b) On page 2, Section 81.01, Subd. 2 (b) , has been amended to include the words "owned and" after the word "majority"; c) On page 2, Section 81.01, Subd. 4, has been amended to strike the word "organization" as it appears on the fourth line from the bottom of this paragraph, and substitutes in lieu thereof the word "council" ; d) On page 3, Section 81.02, Subd. 1, has been amended to strike the numbers "21" and "7" as they appear, and substi- tutes in lieu thereof the numbers "15" and "5", respectively; e) On page 3, Section 81.03, Subds. 1 and 2, have been amended to strike the number "7" as it appears, and substitutes in lieu thereof the number "5" ; and f) On page 4, Section 81.03, Subd. 3, has been amended to strike the number "7" as it appears, and substitutes in lieu thereof the number "5". �'��O i Joanne Showalter Page Two November 20, 1980 Again, it is my understanding that you will substitute the at- tached pages 2, 3 and 4 at the November meeting of the Council so that these amendments that you have asked for can be acted upon at that time. You truly, PAUL F MCCLOSKEY Assistant City Attorney PFM:er Atts. cc:Councilman William Wilson William Peter, Purchasing Bernard Carlson, Finance A1 Olson, City Clerk' s Office Jean McGinley, Showalter Aide • I �� , �� F . ' �� J 2• any in 'vidual, partnership, corporation, joint ven- ture, as ciation or cooperative, which entity a) is not affiliate or subsidiary of a business dominant 'n its field of operation and has 20 or fewer f 1-time employees, or not more than the equivale t of $1, 000, 000 in annual gross revenues in th preceding fiscal year; or b) is majority cont lled by a person (or persons in any combination who is a woman, a member of any of the racial minorities defined herein, or handicapped. Subd. 3. Woman means a person of the female sex. Subd. 4. Racial minoritv ans a person having ethnic origin in the black racia groups of Africa; a person of Mexican, Puerto Rican, C an, Central or South American or other Spanish culture o origin; a person having ethnic origin in any of the or 'ginal peoples of the Far East, Southeast Asia, the Indi sub-continent or the Pacific Island (this area includ , but is not limited to, China, Japan, Korea, the Phil ' pine Islands, Malaysia, Hawaii and Samoa) ; or a person h ving ethnic origin in any of the original people of Nor America who is recognized as an Indian, Eskimo, or A1 ut by either a tribe, tribal organization, or a suit le auth- ority in the community. (A suitable authority i the community may be educational institutions, religi us organizations, or federal or state agencies. ) �. > � Subd. 5. Handicapped person means any person w�,o has suffered a substantial physical disability. Subd. 6. Small business means a business entity as defined in Section 81.01, Subd. 2 (a) . , . �` ' , , �,-s��,�� o� � �s+�: {. 3. 1.02--Set-aside Business Advisorv Committee; com- ositi and duties. Subd. 1. There is hereby created a commit ee of 21 persons who shall be appointed in the same mann as other City committees; 7 of the 21 persons appointed s all serve for a term of one year; 7 of the persons appo ted shall serve for a term of two years; and 7 of the p sons appointed shall serve for a term of three years. T Mayor shall designate one of the persons appointed to serv as chair. Subd. 2. Dutie . The committee shall hold meetings at such ti.mes as agre upon by the members. The commit- tee shall review the ce tification recommendations of its subcommittees; hold publ hearings on those recommenda- tions; resolve disputes as to the qualifications of a set-aside business as such business; maintain and add to a master list of set-asid� businesses; and do such other things as are reasonably ecessary to effectuate the purposes of this chapter. y aggrieved person may appeal the committee' s decisions o the Council which shall have the power to modify any ecision of the committee. 81.03--Women' s set-aside busine subco ittee• racial minorities' set-aside business subcomm ttee• small business and handica ed ersons' set-aside busi ss subcommittee. Subd. 1. Women' s set-aside business sub mmittee. The chair of the committee created in the pre ding section shall designate 7 members to serve on the en' s set-aside business subcommittee. The subcommittee sha screen, pro- mote and do such other things as are necessar to secure the participation of set-aside businesses, whi are major- ity controlled by women, in the program establi ed by this chapter, but all actions of the subcommittee mus be approved by the committee. Subd. 2. Racial minorities' set-aside busines ' sub- committee. The chair of the committee created in th „ pre- ceding section shall designate 7 members to serve on '"�he racial minorities' set-aside business subcommittee. 'l�he subcommittee shall screen, promote and do such other _,�.:�- � � � � �,�"� ��° � . � �++� : 3.y v.�A�' 4. � � things a�are necessary to secure the participation of set-aside ''�usinesses, which are majority controlled by a racial mi�rity, in the program established by this chapter but a 1 actions of the subcommittee must be approved by th committee. � Subd. 3. Sm�1.l business and handicapped persons' set-aside business ubcommittee. The chair of the com- mittee created in th' �preceding section shall designate 7 members to serve on e small business and handicapped persons' set-aside subc ittee. The subcommittee shall screen, promote and do su other things as are necessary to secure the participatio of small businesses or set- aside businesses which are m 'ority controlled by a handicapped person, in the pr ram established by this chapter but all actions of the committee must be approved by the committee. �� 81.04--Set-aside of appropriati s. The City shall for each fiscal year designate and se aside for awarding to set-aside businesses approxi.mately percent of the funds appropriated for the purchase of g ds and/or ser- vices, including construction work. Of t � t percentage, approximately one-half thereof shall be use to purchase goods and/or services, including constructio work, from small businesses or set-aside businesses, the ajority control of which is vested in a handicapped pe on; approximately one-quarter thereof shall be used o pur- chase goods and/or services, including constructi work, from set-aside businesses, the majority control of hich is vested in a woman; and approximately one-quarter thereof to purchase goods and/or services, including on- struction work, from set-aside businesses, the majorit control of which is vested in a person of a racial mino ity. �t. 81.05--Application; how processed. The City via its�'";, purchasing division shall process applications from any . � �� ° ��"'�'`r'� CITY OF SAINT PAUL -��`�l T Y Op;:�''i '; .� i-, OFFICE OF THE CITY ATTORNEY �;� iiii�i�ii�i �= � s EDWARD P. STARR, CITY ATTORNEY ,. �ee• .. 647 City Hall,Saint Paul, Minnesota 55102 ,, ,, 612-29&5121 GEORGE LATIMER MAYOR December 17, 1980 Mr. A1 Olson Office of City Clerk 386 City Hall Saint Paul, Minnesota 55102 Dear Mr. Olson: Pursuant to the Council 's request, as transmitted to this office by yourself, I have redrafted page two of the Set Aside Ordinance. The redraft contains an amended definition under Subdivision 4 to include the Minnesota Indian Affairs Intertribal Board' s definition of an Indian. I assume you will see to the substitution of this redrafted page two for the page two of the Ordinance you now have in hand. Y u ly, PAUL F. MCCLOSKEY Assistant City Attorney PFM:er Att. cc:Councilwoman Joanne Showalter Councilman William Wilson O � . . � • . . � j � � • . ' . . • . . . � RESOLUIYO� 527AA � . . . � � .• . }1KF3.FAS thc Minr,e�ota In:3ian• Affairs .Ic�tertribal Hoard was created � . . . , by the ?�linne�ota. Legislature to repr sent tr.c Indian tribe� and � � people in their_dealinQs _with state over:unent ; and � • . . , . � WiiEP.EAS the duties of the board incl e acting ps an ir,termediary � � • betWeen Indi�n interests and state a ncies and departments wh�n ' F' uesticrs � - � q , PI'otleres or conflicts exis cr• ar_se; �nd � : T�1FiE�FAS the �egartaent of �conomic De elopment has establfshe� ' c��'' �:idelines for t �. ' . . . � i s Hinority 8usiness nter rise �' :.�� . . . , P pragrsm �:hi cb ia- . : clude a deCir.ition of In�ians Which i inconsistEnt vith the defini- � � . � . tion adticc�te3 ry this boar3, , . , ��' �FFOR£ PE I? RESOL7ED that t2:e Bo�rd ask tbe Co�issioner of £coaoaic Developrrer.t �o vse ss •the definition for Indisn in alI tbz Department 's guidElines and other rules or regulations or pro- � ' i. , gasals the follc�ing: . ' ' - . ; ' y�4; �- "Indian - An indivi8u�1 h�viag rigins . in 9ny of th� • orf�inal Feople cf North Arr.�r c3 •�ho i�, an enrolle3 ' �e:aber of an Ia3i3.n trite rec _nize� ss such �y ths i�; �goverruaeat �f the 'Jnited Stat o: Canada." k y' - AdaFte3 this secon�3 day of M� 1Q 8 Y. .T , y a �:ot� of 70 . for and J�, � . ageinst. • ( '. I � • , . . � L �- � - ' 0�-�/Y" � _ / • . �., , �- 01 . .�;_: ' ' P.�ger A. Jourd��, Ctiai r'tr�an . � � d�'., ' / ' . �a- . . . b�s�y �?�• • � • . �.�' • � � ,�z.�' ��:�ol�.,- �:;::� -----_--_—____ . . ��"k Vernell Waba�he, Acting �ecretary ' , � :`;::� _ ,.::.;, � <: . • , • . �`'::; � . • • ` . 2. � • any indiv�ual, partnership, corporation, joint ven- ture, asso � �tion or cooperative, which entity � '� a) is not an��ffiliate or subsidiary of a business dominant ir��,ts field of operation and has em- ployees who ''O�ork a total of 45,000 hours or less in the previo ` fiscal year, or has not more than the equivalent�f $1,000,000 in annual gross rev- enues in the pre eding fiscal year; or b) is majority owned d controlled by a person (or persons in any combi ation) who is a woman, a member of any of the �acial minorities defined herein, or handicapped`�. � ". Subd. 3. Woman means a�person of the female sex. Subd. 4. Racial minoritv eans a person having ethnic origin in the black racia groups of Africa; a person of Mexican, Puerto Rican, l�uban, Central or South American or other Spanish culture origin; a person having ethnic origin in any of the o iginal peoples of the Far East, Southeast Asia, the Ind�,an sub-continent or the Pacific Island (this area incluc�s, but is not limited to, China, Japan, Korea, the Phi��ippine Islands, Malaysia, Hawaii and Samoa) ; or a person �aving ethnic origin in any of the original people of No�,th America who is recognized as an Indian, Eskimo, or 1��eut by either a tribe, tribal council, or a suitable"'� authority in the community. (A suitable authority in th� commun- ity may be educational institutions, religious arganiza- tions, or federal or state agencies. ) Subd. 5. Handicapped person means any person who has suffered a substantial physical disability. Subd. 6. Small business means a business entity as defined in Section 81.01, Subd. 2 (a) . \ , . — _�t �- I1 — a.5-4c'� .� �St l/.� �-- $� 2nd lI- aL�._� O — , � . . . . 3zd �,..... --- . 'Adopted i � 1'�--� � — �� I�-//- �'`�. , Nays _ � . Yeas HUNT _ LEVINE � 'r�,v2�+j : � McMA�OV � � SHOWALTER D �/ �� ' � _ �� TEDESCO E i - . i WILSON � � PRESIDENT (�DOX) `–``� . , ,.: r- .: ;y . :.�.._..y�