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RESOLUTION
Presented
OF SAINT PAUL, MINNESOTA
Council File # ' �� �
Green Sheet # �Q 21 ° � `-��
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1 WHEREAS, in 1995, the City of Saint Paul contracted with the University of Mimiesota's Institute on Race and
2 Poveriy and the Denver, Colorado based BBC consulting group to conduct a study on the City's contract
3 procurement activities; and,
4 WHEREAS, this study was to detemune whether the City met the legal standards for certain programs to encourage
5 utilization of minority and women-owned businesses in locally funded procurement, which included construction,
6 goods, professional services and other services; and,
7 WHEREAS, the consultants in their final report deternuned that the City had been a passive participant in mazket
8 place discriminarion with regards to contract procurement activities; and,
9 WHEREAS, on September 3, 1997 the City of Saint Paul passed Administrative Code Chapter 84 which was to
10 be the City's new approach to promoting inclusive participation in public contracting opportunities, referred to in
i l Chapter 84 as the Vendor Outreach Program; and,
12 WIiEREAS, the City Council and Mayor believed this new ordinance, in conjunction with E,egislative Code 183,
13 the city of Saint Paul's Equa1 Employxnent OpportuniTy Plan, and other relevant federal, state and local laws, created
14 administrative approaches to remedy the effects of the discriminarion identified in the disparity study; and,
15 WHEREAS, it is alleged that the Department of Planning and Economic Development (PED) and the Housing and
16 Redevelopment Authority(HRA) have not fully reported to the City Council or the HRA Board of Commissioners
17 on the administrative application of the City's rules under Chapters 84 and 183 since their inception; and,
18 WHEREAS, the City Council has the authority to ca11 for reports under Chapter 84 and authority under Chapter
19 4 of the City Charter to conduct audits and investigafions into the affairs of the city and the conduct of any
20 department, office or agency; and,
21 WHEREAS, the City Council and the HRA Board of Commissioners have received requests from the community
22 to participate in a community driven examination and study of the adxninistrative application of the City's new
23 approach to improve inclusive participation in municipal economic opportunity as it relates to PED and the HRA;
24 and,
25 WHEREAS, the City Council and the III2A Boazd of Commissioners haue also received a request from the
26 community to match, in part, the financial contributions of several local foundations to pay for the examination and
27 study of the administrative application of these cri6cal equal opportunity laws and report back to the community,
28 City Council and Mayor; and,
29 WHEREAS, the Mayor has put into effect a series of recommendations from his Minority Business Outreach Task
30 Force to increase the participafion of businesses owned by minorities, and women in business opportunities
31 generated by the City and HRA; and,
1 WHEREAS, the Equal Access Working Group has made a series of recommendations to increase the parti� rion
2 of businesses owned by minorities, women and people with disabilities in City of St. Paul and with HRA
3 development agreements, which also includes a recommendarion far an in-depth exaznination of the City's
4 administration of the civil rights legislation as it perkains to those businesses, and to identify and to recommend
5 actions to eliminate the problems, barriers and impediments in their administration of these laws; and,
6 R'HEREAS, the disparity study to be undertaken by the City may not address eatisting deficiencies or barriers
7 within the City or HRA preventing maximum achievement of the goals and objectives set forth in Administrative
8 Code Chapter 84, but rather may only identify the availability of minority, disabled and women-owned businesses,
9 the City's utilization of these businesses, and the City and I IRA's contracting practices from 2000 to the date of this
10 study; and
11 WHEREAS, the City Council has both the authority and the responsibility to review city policies and exercise
12 oversight of city depariments; now, therefore be it
13 RESOLVED, that the City Council directs council reseazch to develop a request for proposal for an independent
14 entity to conduct a comprehensive review and audit of of PED and HRA policies and applicable laws related to the
15 inclusive participation of woman, minorities, and persons with disabilities in the city funded construction projects,
16 contract procurement, developer selection, programs, services, and initiatives. Prior to the RFP's issuance, council
17 research shall engage the equal access working group, community stakeholders and minority contractors to identify
18 issues of concerns and to determine the scope of the audit; and be it
19 RESOLVED, that the RFP criteria shall ensure that the entity selected to conduct the examination will be and
20 appear to be independent from the City and the HRA and sha11 demonstrate objectivity, including but not limited
21 to establishing (1) no existing or prior employment with the City or the HRA, for the last 5 years, and (2) no existing
22 or past conflicts in a professional role with the City and HRA. The examiner sha11 avoid a11 conflicts during the
23 contract term with the City ar HRA; and be it
24 RESOLVED, that the selected entity shall possess and demonstrate the credentials of expertise and experience to
25 undertake the examination including but not limited to (1) possessing education and/or training respecting
26 discriminatory issues in public contracting, (2) hauing produced similaz studies for public enhries, and (3) providing
27 references; and be it
28 RESOLVED, that the City Council requests the that HRA Board of Commissioners consider providing fmancial
29 support, not to exceed $20,000, to match, in part, the financial conhibutions of local foundations to cover the cost
30 of the proposed review and audit. It is the expectation of the City Council that the community based entity
31 responsible for rasing the matching funds will elect a chair representative of the group who will facilitate the group's
32 involvement with the audit process and review of the fmdings; and be it
33 RESOLVED,thattheCityCouncilrequestthatthedirectorofDepartmentofPlanniugandEconomicDevelopment
34 provide access to requested information in a tunely fashion and to provide a written response to be included in the
35 fmal audit report submitted to the City Council; and be it
2
05�`�i
1 FLTI2THER RE50LVED, that the City Council expresses its desire forthe audit and the adtninistration's proposed
2 disparity study to be coordinated so as to avoid duplication of effort and to ensure that the Council is provided with
3 information needed to make informed policy decisions; and be it
4 FINALLY RESOLVED, that Council Reseazch is directed to identify potential policy changes that wiil create a
5 fair and open process for how development and contracting occurs within the City of Saint Paul.
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Requested by Department o£
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Form Approved by City Attorney
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Adoption Certified by Council Secretary
BY� —.� //;i�l�s���
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Approved by Mayor: Date
Approved by Mayor for Submission to Council
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Adopted by Council: Date ��1{_ � c�Q�S
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
co ��N
Contac[Person & Phone:
Coimcil Presiden[ Larrtry
26686Ci0
Must Be on Council Agenda
ZfFAPR-05
Contraa Type:
RE-RESOLUTION
18-APR-0S
� '
Assign
Number
For
Routing
Order
Green Sheet NO: 3026147
Deparhnent SentToPerson
0 �uncil
1 ouncil e t 'rectnr
2 it lerk
3
4
5
Total # of Signature Pages _(Clip A11 Locations for Signature)
Action Requested:
S[ating the City CounciPs intent to create a new policy for inclusiveness for the City of Saint Paul and establishing a Legislative
Advisory Committee to advise the City Co�mcil on the content of such a policy and to fiuther advise the Council on t6e appropriate
Legislative response to the new Disparity Study starting in 2005.
Recommentla[iais: Appm�e (A) or R
Planning Cwnmission
CIB Committee
CiWI Service Commission
Personal Service Contrects Must Mswerihe Following
1. Has this persoNfirtn e�er v.nrked under a coM2ct Tor this depaRmerrt?
Yes No
2. Has this person/firtn e�er been a city employee?
Yes No
3. Does this person/firtn possess a skill rat nortnaily possessed by any
curreM city employee?
Yes No
Explain all yes answers on separate sheetand alfach to green sheet
' Initiating Problem, lssues, Opporttinity (Who, WM1at, When, Where, Why):
Advantages If Approved:
Disadvantages B Approved:
Disadvanfages H Not Approved:
Total Amount of
Tranuction:
Funding Source:
Financial Information:
(Explain)
CosUReve�ue Budgeted:
Activiry Number:
Apnl 18, 2005 i1:l0AM Page 1
Su�sr�
Conncil File # (� 1"Z
Green Sheet # � Zlp ��1
�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
1 WHEREAS; in 1995, the City of Saint Paul contracted with the University of Minnesota's Institute on Race and Poverry and
2 the Denver, Colorado based BBC consulting group to conduct a study on the City's contract procurement activities; and,
3�'VHEREA5, thi study was to determine whether the City met the legal standards for certain programs to encourage
4 utilization of minorit�}�and women-owned businesses in locally £unded procurement, which included construction, goods,
5 professional services an� other services; and,
6 WHEREAS, the consultan3s in their final report determined that the City had been a passive participant in mazket place
7 discrimination with regazds to ontract procurement activities; and,
8 WIIIEEREAS, on September 3, 199 e City of Saint Paul passed Administrative Code Chapter 84 which was to be the City's
9 new approach to promoting inclusive p icipation in public contracting opportunities, refened to in Chapter 84 as the Vendor
10 Outreach Program; and,
11 WHEREAS, the City Council and Mayor
12 of Saint Paul's Fyual Empioyment Opporh
13 approaches to remedy the effects of the di:
this new ordinance, in conjunction with Legislative Code 183, the city
, and other relevant federal, state and local laws, created administrative
on identified in the disparity study; and,
14 WI�REAS, it is alleged that the Department of Rlanning and Economic Development (PED) and the Housing and
15 Redevelopment Authority(IIRA) have not fully reporte to the City Council or the I-IRA Board of Commissioners on the
16 administrative application of the City's rules under Chap s 84 and 183 since their inception; and,
17 WHEREAS, the City Council has the authority to call for repor't�under Chapter 84 and authority under Chapter 4 o£the City
18 Charter to conduct audits and investigations into the affairs of the� iTy and the conduct of any department, office or agency;
19 and, A
20 WFIEREAS, the City Council and the IIRA Soard of Commissione�s have received requests from the community to
21 participate in a community driven examination and study of the admmis'�rative application of the City's new approach to
22 improve inclusive participation in municipal economic oppor[unity as it re tes to PED and the HRA; and,
23 WHEREAS, the City Council and the HRA Board of Commissioners ave also received a request from the
24 community to match, in part, the financial contribufions of several local foundations to pay for the examination and
25 study of the adxninistrative application of these critical equal opportunity laws�nd report back to the community,
26 City Council and Mayar; and, �
27 WHEREAS, the Mayor has put into effect a series of recommendations from his Mino�ty Susiness Outreach Task
28 Force to increase the participafion of businesses owned by minorities, women, and p�eople with disabilities in
29 business opportunities generated by the City and HRA; and,
30 WHEREAS, the Equa1 Access Working Group has made a series ofrecommendations to increa the participation
31 of businesses owned by minorities, women and people with disabilities in City of St. Paul an with HRt1
32 development agreements, which also includes a recommendation for an in-depth examination of.the City's
33 administrarion of the civil rights legislation as it pertains to those businesses, and;
1 WHEREAS, the in depth exanuna6on proposed by an alliance of community orgauizations of the Eq O ec ss
2 Working Group will determine whether qualified and able businesses owned by minorities, women, and people with
3� disabilifies are under-utilized statistically by the City of St. Paul and the HIZA or their prime contractors; and;
4�'HEREAS, the disparity study to be undertaken by the City may not address e�sting deficiencies or barriers
5 wi � the City oz HRA preventing maYimum achievement of the goals and objectives set forth in Administrative
6 Cod Chapter 84, but rather may only identify the availability of minority, disabled and women-owned businesses,
7 the Ci 's utilization ofthese businesses, and the City and HRA's contracting pracrices from 2000 to the date of this
8 study;
9 NOW THE� F
10 PED and the F�
i 1 disabilities; and,
.E, BE IT RESOLVED, that the City Council supports a community driven examivation of
to encourage the utilization of businesses owned by minorities, women and people with
12 BE IT FURTHER R�SOLVED, that as part of a community driven process the Equal Access Working Group will
13 consult with the City Co�uncil and the Duector of PED to ensure that the recommended person to conduct the
14 examination will be and ap�ear to be independent from the City and the I� and shall demonstrate objectivity,
15 including but not limited to �ta�blishing (1) no existing or prior �liations with the City or the I-IRA, and (2) no
16 existing or past conflicts with �ie city and HRA. The examiner shall auoid all conflicts during the contract term
17 with the City ar HRA; and, \�
18 BE IT FURTHER RESOLVED, th� e recommended examiner shall possess and demonstrate the credentials
19 of expertise and experience to undert e the examination including but not limited to (1) possessing education
20 and/or training respecting discriminatory sues in public contracting, (2) having produced similar studies for public
21 entities, and (3) providing references; and�
22 BE IT FURTHER RESOLVED, that the Ci �uncil wiil consider providing financial support to match, in part,
23 the financial contributions of local foundations t cover the cost of the exauiination and study, and;
24 BE IT FURTHER RESOLVED, that the City Co cil recognizes and endarses the recommendations of the
25 Mayor's Minority Business Outreach Task Force as an i'tial step in beginning to inciude more minority businesses
26 in projects of the City of St. Paul, and;
27 BE IT FURTHERRESOLVED, that the City Council accepts e recommendations of the Equal Access Working
28 Group and will begin to develop legisiative policies to ensure th 'r implementation, and;
29 BE IT FINALLY RESOLVED, that the City Council will revise, ch ge or add any policies, goals, or strategies,
30 consistent with and in conformance with the United States and Minnes consritutions, federal and state law,
31 pertaining to this matter in order to ensure the proper remedies.
o5-y �d
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by Department of:
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Form Approved by City
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Adoption Certified by Council Secretary Approved by Mayor for Submission to
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Approved by Mayor: Date
�
�
Adopted by Council: Date
Council File # � - Y ia
� . RESOLUTION
r „ CITY OF SAINT PAUL, MINNESOTA
Presented
Green Sheet # 3026147
1 WF�REAS, in 1 5, the City of Saint Paul contracted with the University of Minnesota's Insfitute on Race
2 and Poverly and the enver, Colorado based BBC consulting group to conduct a study on the City's contract
3 procurement activihes;�nd,
4 Wf�REAS, this study w to determine if the City had a history of discrim;nation against minority and women
S business enterprises in their e orts to contract with the City to provide goods, professional services, and
6 participate in construction wor sponsored or supported by the City; and,
7 WFIEREAS, the consultants in the final report determined that the City had actively and passively participated
8 in mazket place discrimination with r ards to contract procurement activities; and
9 WHEREAS, In 1998 the city of Saint Pa passed Administrative Code Chapter 84 which is to be the City's
10 new approach to ensuring inclusive particip ion in municipal economic opportunity; and,
i l WHEREAS, The City Council and Mayor beli ed this new ordinance in conjunction with Legislative Code
12 183, the city of Saint Paul's Equal Employment ortunity Plan other relevant federal, state and local laws
13 created administrative approaches to remedy the ef ts of procurement discrimination and prevent it from
14 reoccurting in order to maximize inclusive participati in the City's workforce, contract procurement,
15 developer selection, programs, services and initiatives; d,
16 WHEREAS, the Department of Planning and Economic D elopment and the Housing and Redevelopment
17 Authority has not reported on its administrative appiication o he City's rules under Chapters 84 and 183 to
18 ensure inclusive participation in municipal economic opportuni to the City Council or Housing
19 Redevelopment Authority Board of Commissioners since its ince 'on; and,
20 WHEREAS, the City Council has the authority to call for reports un Chapter 84 and authority under Chapter
21 4 of the City Charter to conduct audits and investigations into the affairs f the city and the conduct of any
22 department, office or agency; and,
23 WIiEREAS, the City Council and the Housing Redevelopment Authority Bo d of Commissioners have
24 received requests from the community to participate in a community driven ex 'nation and study of the
25 administrative application of the City's new approach to ensuring inclusive partici tion in municipal economic
26 opportunity as it relates to the Department of planning and Economic Development d the Housing and
27 Redevelopment Authority; and,
28 WHEREAS, the City Council and the Housing Redevelopment Authority Board of Co 'ssioners have also
29 received a request from the community to match, in part, the financial contributions of seve local foundations
30 to pay for the examination and study of the administrative application of these critical equal e loyment
31 opporiunity laws and report back to the community, City Councii and Mayor; and,
os �r�
the Mayor has put into effect a series of recommendations from his Minority Business Outreach
2 k Force to increase the participation of those businesses all new development agreements and assistance
3 off ' gs of the City of St. Paul and St. Paul HRA, including the performance of a disparities study and,
4 WI� AS, the Equal Access Working Crroup has made a series of recommendations to increase the
5 participati of businesses owned by minorities, women and people with disabilities in City of St. Paul and St.
6 Paul III2A d elopment agreements and which also includes a recommendation for an in-depth examination of
7 the City's achru "strarion of the civil rights legislation as it pertains to the use of those businesses, and;
8 WHEREAS, the in pth exauiination proposed by an alliance of community orguiizations of the Equal Access
9 Working Crroup is the oper test of employment and contract discriminafion since it will determine whether
10 qualified and able busine es owned by minorities, women, and people with disabilities that could perform a
11 particular service are under- tilized statistically by the City of St. Paul and the St. Paul HRA or their prime
12 contractors due to the lack of propriate administrative application of equal opportunity provisions of laws to
13 prevent discrimination, disparat eatment or disparity, and;
14 WHEREAS, the disparity study to b undertaken by the City will only determine if minority firxns have
15 received a disproportionately smaller s e of awazds, or payments based on existing contracts, in relation to the
16 industries studied and will not show if th equal opportunity provisions of laws to prevent discrimination,
17 disparate treatment or disparity are being
18 NOW THEREFORE, BE IT RESOLVED, th t the City Council supports a community driven examination of
19 the administrative application of equal employme opportunity laws germane to the Department of Planning
20 and Economic Development and the Housing and R evelopment Authority; and;
21 BE IT FURTHER RESOLVED, that the City Council 'll consider providing fmancial support to match, in
22 part, the financial contributions of local foundations to co the cost of the examination and study, and;
23 BE IT FURTHER RESOLVED, that the City Council recog 'zes and endorses the recommendations of the
24 Mayor's Minority Business Outreach Task Force as an initial ste in beginning to include more minority
25 businesses in projects of the City of St. Paul, and;
26 BE IT FURTHER I2ESOLVED, that the City Council accepts the re ommendarions of the Equal Access
27 Working Group and will begin to develop legislative policies to ensure ir implementation, and;
o�� �f«
BE IT FINALY RESOVLED that the City Council will revise, change or add any policies, goals, or strategies
ertaining to this matter in order to ensute proper redress of any findings in the in-depth exaniination showing
th under-urililization of willing, qualified and able businesses owned by minorities, women, and people with
disa �lifies by the City of St. Paul or their prime contractors due to the lack of appropriate administrative
applica 'on of equal opportunity provisions of laws to prevent disciimination, dispazate treatment or disparity.
Yeas Na s Absent
Benanav
Bostrom
Hazris
Helgen
Lantry
Montgomery
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
by Department oE
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Form Approved�by City Attomey
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Approved by Mayor forlSubmission to Council