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03-1144Council File # ��� Green Sheet # ��g'� RESOLUTION OF SAINT PAUL, MINNESOTA Z9 Presented Referred To Coxnmittee Date Resolution Establishing a Working Group on Equal Access to Ciry Contracts and Setting a Deadline of January 19, 2004, for a Final Report on Recammended Actions for City Council Consideration 1 4VHEREAS, the City Council conducted a policy session and public hearing on promoting "Equal Access to City 2 Contracts" on November 12, 2003, and 3 WHEREAS, the City Council directed Council Research to prepare a follow up report on the policy session and a public hearing summarizing the tesrimony and information provided and the potential actions that the City Council 5 should consider to promote the City's efforts to provide equal access to City contracts for minority owned and 6 women owned businesses, and 7 WHEREAS, the City Council discussed the report presented by Council Research at iYs regular meeting on s December 17, 2003, and 9 WIIEREAS, the City Council wants to move fonvard swiftly on this important community issue to promote and to expand equal access to City contracts for women owned and minority owned businesses, now therefore, be it 11 RESOLVED, that the City Council hereby requests the Mayor's cooperation to establish a worldng group to be made 1z up of representatives from the Administration, Council Research, and several community organizations, and be it 13 FURTHER RESOLVED, tk�zt the City Council requests that the following City staff, or appropriate alternates, be ta assigned to the working goup: Martha Fuller, Readus Fletcher, Tyrone Terrill, Linda Camp, and Bob Haimner 15 together with Council Research and Ward staff, and representatives from community organizations such as the t 6 National Association of Minority Contractors, Women Venture, and the Neighborhood DeveIopment Corporation, 17 and be it, 18 FURTHER RESOLVED, that the working group shall prepare, in consultation with the City Attorney's Office, three 19 to five top priority recommendations for action based on the report of Council Research submitted the City Council 20 on December 17, 2003, which report is attached hereto, and be it �s-���a 1 FINALLY RESOLVED, that the recommendafions developed by the worldng group be completed by January 19, z 2004, and presented to the City Council for consideration at a policy session on January 21, 2004, in the form of 3 separate City Council Resolutions which each contain specific acrions that will effecrively promote and expand the a City's efforts to provide equal access to City contracts for women owned and minority owned businesses 5 commensurate with Twin Ciries market availability of such businesses. Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Councfl Adoption Certified by CouncIl Secretary By: By: Approved by Ma Date l` �; � � � � !/ Adopted by Council: Date ��-'�`'�� -13 � ODJ o3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmeMloffice/council: Date Initiated: co ���, 1&DEG03 Green Sheet NO: 3009375 Contad Person 8 Phone: Deoartmenf Sent To Person InitiaUDafe Councilmember Blakey 0 ooucil 26G8610 pssign 1 ouncit Must Be on Council Agenda by (Date): Number Z � Clerk 23DEC-03 For Routing 3 Order 4 5 Total # of Signature Pages _(Clip AII Locations for Signature) Action Requested: Establisbing a Working Crroup on Equal Access to City Contracts and setting a deadline of January 19, 2004, for a final report on recommended acrions for City CouncIl consideration. Recommendalions: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Followiqq Questions: Planning Commission �, Has this person/firm ever worked under a contract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this persoNfirtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApproved: DisadvanWAes If Approved: Disadvantages If Not Approved: ToWI Amount of CosURevenue Budgeted: Transaction: Funding Source: Activily Number: Fi nancial Information: (Explain) � ��'� ' = O A : ; ♦� �c �Y.� CITY OF SAINT PAUL OFFICE OF THE CITY COUNCIL A7EMORANDUM DATE: TO: COPY: December 17, 2003 Council President Daniel Bostrom Councilmember Jay Benanav Councilmember Jerry Blakey Councilmember Chris Coleman Counciimember Patrick Harris Councilmember Lee Helgen Counciimember Kathy Lantry Councilmember-Elect Deborah Montgomery Councilmember-Elect Dave Thune Martha Fuller, Planning and Economic Development Department Director Matt Smith, Financial Services Director Tyrone Terrill, E3uman Rights Department Director Linda Camp, Contract and Analysis Services, Purchasing System Manager FROM: Marcia Moermond, Policy and Research Lead Mp�,�.� Bob Kessler, FinanciaU Policy Analyst. � RE: Follow Up to Policy Session on `Bqual Access" in City Contracting 03 The policy session held on November 12, 2003, raised a number of questions about the City's role in promoting equal access to City Contracts. The foilowing is a summary ofpotential actions the City can take. These aze based on the issues touched on in the testimony at the public hearing, the background report, and other information provided by Councii Reseazch prior to the session in the Council's meeting packet. Some of the actions mentioned relate directly to testimony and the materials, while others aze logical courses of action based on the testimony and materials. We have conducted only the mosY rudimentary analysis of these, expecting thai we will prepaze work programs for those azeas where the Council specifically directs action. ✓ Explore the potential Council requirement of department annual reports on vendor and contract usage. The reports would indicate which vendors were used for purchasing and contracting activities, the proportion of certified vendors/contractors used, the overall dollars spent on outside vendorslcantractors, and those dollazs expended using certified vendors/contractors. Ideally, ihis information could be compared to mazketplace/ community information and the availability of certified vendors/contractors for the affected areas. Tlvs annual report could possibly be integrated into the City's annual budget process. 2. ✓ The City's marketplace data used for City's Vendor Outreach Program needs to be updated. It is important for the program information to be based on the number of C]TY HALL THIRD FLOOR IS WEST KELLOGG BOULEVARD SAINT PAUL, MINNESOTA 55 1 02-1 6 1 5 .�-.,"�` AA-ADA-EEO Employer Equal Access Policy Session Follow Up Page 2 �/�_���� currently available minority and women owned firms in Saint Paul and the Twin Cities region — so appropriate program goal numbers can be established. The City is currently using numbers developed in 1996, as a part of the Disparity Study. We know there has been rapid growth in the minority popularion in the State of Minnesota as indicated by the 2000 census and data compiled by the Metropolitan Council. But the growth in minority and women owned firms does not necessarily parallel the growth of population numbers. A current assessment of the availability of minority owned and women owned firms could be conducted based on the 2002 US Census Business Survey, and other data sources, in cooperation with the three other jurisdictions that make up the Vendor Outreach Program, Ramsey County, Hennepin County, Minneapolis and Saint Paul Schools. 3. ✓ A current assessment of the minority and female workforce also needs to be done based on census information, other demographic factors, and union data. The current "monitoring figures" used by Human Rights are: 143% skilled minority, 15.4% unskiiled minority and 9.4% women (both skilled and unskilled). In particular, Tyrone Terrill indicated that the figures had not been updated in about ten years, and that he believes the the figure used for skilied minorities could be increased to from 143 to 24% (approximately a 70% increase). � G� Conduct a study of certified vendors/contractors which splits out data by race/ ethnicity to determine if race/ethnicity-specific goals should be used. Conduct a study of �i�orkforce availability and usage by race/ ethnicity to determine if race/ethnicity-specific monitoring figures should be used by Human Rights. 6. Conduct an in-depth review of certified vendors/contractors to determine if and what proportion of these aze on the City's list and should not be, because they are not qualified to be certified (minority or woman-owned, or small business). Contrary to some of the testimony provided by many in attendance at the policy session, the results of the City's efforts under the requirements of Chapter 84 in awarding contracts to women owned and minority owned firms aze closely aligned with the marketplace data established for the program, as is shown in the "On TargeY' reports. Some of the testimony received on November 12, 2003, called for the City to "conduct an independent audit to see what is happening with contracts" from the Department of Planning and Economic Development and other City agencies. However, the data provided to the City Council for the Policy Session identifies the total number of contracts and dollars expended by the City and the number and amount of contracts provided to minority owned, women owned, and small businesses. These reports indicate there is no missing information. 7. Conduct an in-depth review of the workforce data provided by vendors/contractors to the City's Department of Human Rights to determine if the actual employee information matches the information provided for monitoring purposes. Equai Access Policy Session Follow Up Page 3 O J' ���� 8. Conduct a"disparity stud�' specifically addressing potential inclusion into the Vendor Outreach Prograin ofvendors/contractors who are disabled. An abbreviated version of the 1996 Disparity Study may be possible, based on the amount of information and analysis conducted at that rime. 9. ✓ Conduct a policy and legal analysis to determine if disabled workforce monitoring "goals" should be added for monitoring by the Department of Human Rights. 10. Conduct a policy and tegal analysis to determine if City policies should be changed beyond �i�hat the Croson decision suggests; e.g. eliminate smail businesses from Vendor Outreach Program, or increase expected minority and woman-owned business participation in contracts to a levei above what wouid be considered proportionate to the mazketplace. 11. ✓ Make existing City reports on certified vendor/contractor usage more broadly available, perhaps by posting "On TazgeY' reports on the City's web site or creating a mailing list inclusive of interested community organizations. 12. ✓ Make existing City reports on contractor workforce usage (women and skilled and unskilled minority employees) more broadly available, perhaps by posting Human Rights monthly "Department Updates" memorandum on the City's web site or creating a mailing list inclusive of interested community organizations. 13. ✓ Make cleazer the appropriate procedures for alerting the City about potential misrepresentation of 1) vendors/contractors as being eligible for the certified vendor list; and 2) contractor emp]oyee/workforce data indicating (more) women and minority employees than (aze believed to) exist. There were concerns expressed in the testimony that certain minority or women owned firms aze "fronts" for the actual ownership of firms by majority individuals. There aze no specific allegations with regard to firms that aze alleged to be "fronts" for majority owned businesses. The Vendor Outreach Program has a process for investigating complaints. Moreover, the City's program is reviewed and audited by the state and federal government. 14. ✓ Make information on how to become a certified vendor more broadly available, e.g. website and other outreach activities. 15. ✓ Pursue addirional outreach efforts to broaden the base of certified vendors/ contractors. This could take the form of regulaz informational and outreach meetings with minority and women owned businesses, and organizations that represent and serve minority owned and women owned businesses, to provide assistance to eligible businesses to become a certified minority or women owned business. 16. ✓ Continue and expand efforts of lYlinority Business Development and Retention (MBDR) Initiarive; the goals of this program being: 1) increased participation in contracts and development; 2) increased employment of women and minorities on City contracts; and 3) increased support and assistance to sma11 businesses, especially those owned by women and minorities. Equal Access Policy Session Follow Up 17. � ✓ Pursue efforts to bolster the diversity of tHe City's «•orkforce. Page 4 ��~ `��� ✓ Pursue efforts to encourage "posifive attitudes" in City workforce about encouraging participation of nontraditional vendors and contractors on City (funded) projects. 19. ✓ Modify the Housing and Redevelopment Agency (HRA) Board Reports, or associated materials, to include and explicit discussion of the measurable public purpose goals to be addressed by a project. These goals could include items such as the number of housing units to be produced, whether those units aze affordable and to whom. It could also include information on the job crearion and/or retention associated with the project and if the jobs created pay living wages and prevailing wages. Finally, there could also be an explicit accounting of certified vendor/contractor participarion. Notably, the department believes that while in some cases this information may be available by the time a project needs to be brought forward Yo the Board, in other cases, the informaYion may not be available, as planning has not progressed that far. Therefore, a second level of accountability is suggested in the next item. 20. ✓ Quarterly reports to the Council/HRA Board could be developed which provide an explicit statement of the public pwpose goals to be addressed by all "active" PED/HRA projects. Monitoring information on progress towards reaching these goals could aiso be provided. These reports could be prepared to address just PED/HRA projects, or they couid be Citywide in nature (but with department-specific informarion), as is the case with the "On TargeY' report. Conclusion There aze several points which should be made in conciusion. First, many of the items listed above fall reasonably under the Council's budget, legislative oversight and policy-making responsibilities. Some aze cleazly the responsibiliry of the Administration, and other items aze both. There has been no attempt to divide the items on this basis, although the kind of action the Council may take wiil be tempered by this type of consideration. Second, our main goal was to sunmiarize the issues and potential action items. We made a significant effort to focus on the issues presented, rather than the type of foliow-up which should occur, and who should be responsible. An example of what this means is that the Council may have received testimony about having an outside audit of certified vendors/contractors, with a goal of ferreting out those which may not be eligible for participation ("fronts"). Our effort was to talk about this as a potential area for study or enquiry, and we didn't suggest a potential agency or consultant to conduct the work. Relatedly, many of the areas being discussed are akeady covered by several layers of oversight. Consequently, some of the concems raised may be addressed (in part or in whole) already in existing oversight measures. In generai; we recommend choosing the level of government responsible for oversight to conduct "audiY' type activities. A reference grid is attached. Based on how the Council frames its questions and concerns, we plan to develop appropriate strategies. Equal Access Policy Session Follow Up Page 5 ��' �`�� Thirdly, we endeavored to provide the Council with some of our thoughts on areas which we think should be pursued sooner than later. These items have a check mark (.� before them. Finally, we ask that the Council continue its discussion of follow-up activities in order to get additional feedback from those individuals and organizarions who participated in the policy session. We, in Council Reseazch, aze currently experiencing high volume of work related to the elections, inauguration, budget and other important policy issues. 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