98-779��
CounCil File # � � l � t
OR�GINAL
OYdinance #
Green Sheet # i g� Z
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented Hy
Referred To
Cormnittee: Date
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An ordinance to amend
Chapter 84 of the
Saint Paul Administrative Code.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SAINT PAT3L:
7 Section 1
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9 Chapter &F of the Saint Paul Administrative Code is hereby amended to read as follows:
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Sec. 84.01. Declaration of Policy and Purpose.
The ordinance is based on and responds to the information and evidence of
discrimination against women and minorities documented by the Study submitted by BBC
Research & Consulting, September 1995, to the City of Saint Paul and the Study submitted by
the Institute on Race and Poverry, February, 1996, to the City of Saint Paul. In doing so, this
ordinance is intended to remedy and correct the effects of past discriminarion in construction,
goods, services and pzofessional services whose effects still burden small and minoriry-owned
and women-owned businesses in the Ciry.
This ordinance will help prevent future discriuunation against vendors and contractors
who provide goods and services to the City, or engage in the completion of construction
contracts to which the City is or shall be a party. It is intended to further discourage and
prevent discrimination on account of race or gender.
It is the policy of the City both (a) to attempt to provide a remedy for past
underutilization of qualified minority- and women-owned businesses and economically
disadvantaged small businesses, and (b) to prevent ongoing underutilization of such businesses
in the City's contracting process, by facilitating their participation as vendors to the City in its
purchase of goods, services, and construction of public buildings and publicly-assisted
projects, and its various economic development activities.
32 The policy of the City is to promote increased participation by qualified, minority-
33 owned, women-owned, and economically disadvantaged small businesses in public contracting
34 that is comparable to their availability in the Saint Paul marketplace. To this end, the City
35 shall set annual benchmarks or levels of participation for MBE, WBE, and economically
36 disadvantaged small business participation in City contracting activities based upon their
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current availabiliry within the marketplace. These levels of participarion shall not be quotas.
The levels that are established shall be reviewed every three years, and the participation of
such businesses shall be reviewed every tluee yeazs, to insure (1) that the program dces seek
no more than to remedy the effects of past discrimination and prevent future discrimivation,
and (2) tUat the program dces not become over time a race- or gender-based entiflement or
quota program, nor become a limitation or cap on the participarion of qualified businesses.
Sec. 84.02. 5hort Title.
This ordinance and the program it enacts shall be cited as the "Vendor Outreach
Program."
Sec. 84.03. Definitions.
For 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.
"Affiliate or subsidiary of a business dominant in its field of operation" means a
business that is at least 20 percent owned by a business dominant in its field of operation, or by
partners, officers, directors, majarity stockholders, or their equivalent, of a business dominant
in that field of operation.
`Broker"means a business that carries no inventory and that has no written or oral
ongoing agreement with any manufacturer or manufacturer's authorized distributor to sell the
products of the manufacturer. This defuution is not intended to include businesses who
actively use just-in-time methods in their normal operation.
`Business, or business entity "means a contractor, developer, vendor, subcontractor,
supplier, consultant, or provider of technical, administrauve, or physical services, regardless
of whether operating as an individual ar organized as a sole proprietorship, partnership,joint
venture, association, cooperative, corporation, or other entity which is organized for profit.
"City "means the City of Saint Paul, Minnesota.
`�ommerciallv useful function °means a function �erformed b}r a business entemrise
when it is res�ons�le for the execution of a distinct element of the work of a contract and
carrvin¢ out its responsibilities bXactually perfornung. managing, and su�ervising the work
involved. Acrin� as a conduit to transfer funds to another business does not constitute a
commerciallv useful function unless it is done as a normal business practice of that industrL
`�onstruction and development projects"means (a) construcrion and development
projects, (b) the construction, alteration, painting ar repair of a building or any structure on
land, (c) any construction, building, alteration, reconstrucuon, modernization ar improvement
of any structure, and (d) the improvement of, or addition to, any capital asset.
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1 `Developer"means a business which contracts with or seeks to contract with the City
2 for any construction and development project in wluch the contractual documents therefor
3 provide that either the City or the Housing and Redevelopment Authoriry of the City of St.
4 Paul, Minnesota, ("HRA") (a) will receive, at any time, legal or equitable title to the land, or
5 any building or structure thereon, which is part of such project, excluding title or property
6 interests to or for public rights-of-way for pedestrian or vehicle transit, ingress or egress, or
7 (b) is obligated to issue general obligation bonds, or provide financing supported by a full faith
8 and credit pledge.
10 `Director°means the Director of the Division of Contract and Analysis Services in the
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Department of Technology and Management Services of the City, together with such designees
or staff persons as he or she may direct to carry out functions under this ordinance. Such term
shall include �ersons ar entities designated b,�contract to carry out one ar more functioas
under this ordinance. as may be and to the extent provided in such contracC.
�ominant in its field of operation" means
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. a business having�ross revenues that exceed the Minnesota
Department of Administration Standard Industrial Classification (SIC) Code revenue standard
for its (SICI categ�r�
"Small Business Enternrise (SBE) - "
means a business entity whose principal place of business is in the marketplace�r�-�rieh-has
that:
(a) is not a business dominant in its field of operation, nor an affiliate or subsidiary
thereof; and
(b) is not a broker, or a manufacturer's representative, does not operate as a franchise
or under a franchise agreement, and is not a business in which the owner is also owner
or part owner of one or more businesses that is dominant in the same field of o ern ation;
and
(c) is not a business whose average gross revenues
- exceed those established for its Standard
Industrial Classificaflon (SIC) code, as adjusted by the D�artment of Administration of
the State of Minnesota pursuant to statute• an
�,d) performs a commercially useful function: and
(el if it has been in o�erarion for less ihan oneyear. must be able to vrovide reasonable
evidence in form satisfactory to the D'uectar. showing that it has an established record
of 2enerating revenue while �erfor ning the business function re�resented in its
application for certification or. if a professional service. showing that it nossesses
�licable licenses or��fessional certifica6ons or credentials.
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1 `�ranchise, or franchised business"means a business operated under an operating
2 agreement obtained from a franchiser to conduct a business where the franchiser retains the
3 right to (1) d'uect, or set requirements for, certain elements of the business, or (2) receive
4 compensation for use of the francluse or the goodwill or business name and where the owner
5 does not bear the full risk and responsibilitv for the �erformance of the business.
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"Goods and services°means and includes (a) materials, supplies, equipment, all things
which aze movable, and all tangible personal chattels, whether or not intended or suitable for
becoming a fixture when attached to real properry; (b) labor and work; and (c) services of any
kind, including consultant, trade, technical, and professional services.
"Joint venture"means an association of two or more persons or businesses to carry out
a single business enterprise for profit for which purposes they combine their property, capital,
skills, knowledge and management in an agreed-to proportionate share.
"Manufacturer"means a business that makes or processes raw materials into a finished
product.
`�lanufacturer's representative" means a business that has an agreement with one or
more manufacturers or manufacturer's authorized distributors to sellthe products ofthe
manufacturer, but that is not an employee of the manufacturer. and in which the owner does
not bear the full risk and responsibilit�or the �erformance of the business and the groducts
and services offered.
"Marketplace"means the geographical area of the Minnesota counties of Anoka,
Benton, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Stearns,
Washington, and Wright; and the Wisconsin counties of Pierce and St. Croix.
"Minority "means a citizen of the United States or lawfully admitted permanent resident
who is Asian-American, Native American, African-American, or Hispanic.
"MBE, or minority-owned business enterprise"means a qualified business located in the
marketplace or doing business in the marketplace at the time of bid opening or solicitation (a)
which is at least 51 percent owned by one or more minoriry persons, or, in the case of any
publicly owned business, at least 51 percent of the stock is owned by one or more minoriry
persons; and, (b) whose management and daily business operations are controlled by one or
more minority persons who own it.
�rime, or prime contractor"means a business engaging in construction and
development projects by contractual agreement, or in prime contracts, with the City. The terms
also include a developer who or which may enter into a contract with the Ciry for a particulaz
construction and development project, and which necessarily contemplates that the developer
will also enter into other or fiuther contracts for the completion of the said project.
`Prime contract"means a contract with a prime contractor for the complerion of a
construction and development project, as to which it is reasonably likely that the prune
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1 contractor will use, contract with, or seek bids from, one or more subcontractors. A prime
2 contract also includes a contract with a developer, where such contract or the particular
3 "construction and development grojecY' necessarily contemplates that the developer will enter
4 into other or further contracts for the completion of the project.
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`Princi�al vlace of business"means the �� physical location at which or from
which a business �erforms. is maintained. or o�erates.
"SIC", or `�IC Code"means the 5tandard Industrial Classification code as promulgated
and maintained by one or more agencies or departments of the United States, and includes any
code or system which repiaces or succeeds the code in existence on July 1, 1997."5IC" or "SIC
Code° shall also include classification codes promulgated and maintained by the American
Institute of Architects or other organizations concemed with contracting which, in the
discretion of the D'uector, are deemed more useful or suitable for carrying out the purposes of
this chapter.
"[�endor"means a business selling goods and services to the Ciry, as well as other
services, including construcuon and development projects for which there will be no
subcontracts.
"[�endor contract"means a contract with a vendor as to which the vendor will not use,
contract with, or seek bids from, subcontractors.
"WBE, or women-owned business enterprise"means a qualified business concern
located in the mazketplace or doing business in the marketplace at the tinne of bid opening or
solicitation (a) which is at least 51 percent owned by one or more women, or, in the case of
any publicly owned business, at least 51 percent of the stock is owned by one or more women;
and, (b) whose management and daily business operations are controlled by one ar more
women who own it.
Sec. 84.04. Applicability.
The provisions of this ordinance shall apply to all contracts which are awazded or
entered into by the Ciry, including vendor contracts and prime contracts, except as may be
hereinafter specif'ically exempted, and shall be liberally construed for the accomplishmeut of its
policies and purposes. Any bid, as to which there is or has been a material lack of compliance
with the requirements of tlus chapter 84 by any bidder, shall be deemed to be an unresponsive
bid, and such lack of compliance shall be a sufficient basis for the rejecdon of that bid by the
Director. Every contract covered by this chapter, which is entered "mto without bidding, shall
include provisions which (a) obligate the prime contractor, developer and vendor to fully
comply with the applicable outreach requirements innposed in this chapter, (b) provide that
failure to so comply is a breach of such contract, and (c) provide remedies for such breach.
Sec. 84.05. Admiivstration.
(a) The Director shall direct and administer the Vendor Outreach Program.
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(b) The Director may contract with other governmental agencies to administer programs
for such other agencies which are similar to the Vendor Ouueach Ptogram, provided that the
City is fully protected from liability and risk of loss arising out of such contract or conttacts.
The Director may also contract with nongovernmental agencies for the administrauon of all or
part of the Vendor Outreach Program.
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(c) All departments and offices of the Ciry shall share in the responsibility for
accomplishing the policy and purposes of the Vendor Outreach Program. The mayor may by
adnvuistrative order provide for addifional activifies and reports in furtherance of said
Program. In particular, the Director shall work jointly with other ciry departments and offices
to establish levels of utilization of SBEs, MBEs and WBEs in and for professional services
contracts and any other categories of purchases that may help the City to accomplish the
overall purpose of the program.
Sec. 84.06. Establishment of Desired Levels of Participation.
(a) Annual Participation. The Director shall establish, as provided in this section, on an
annual basis, the desired levels of participation of SBEs, of MBEs and of WBEs in vendor
contracts and prime contracts for the next fiscal year, expressed as a percentage, for each, of
the reasonably anticipated total dollar amount of all such contracts. 5uch levels of participation
shall be adjusted, from time to tnne during the course of the year as may be necessary, based
on changes in the availability of SBEs, MBEs and WBEs in the marketplace.
(b) Adjustments for individual prime contracts. The Director sha11 also establish and/or,
where appropriate, modify levels of participation by subcontractors, which may be more or
less than the annual levels established in subsection (a), for individual prime contracts, taking
into account the total dollazs of the contract and the dollars in the contract which may
reasonably be expected to be subcontracted. In setting such level of participation, the Director
sha11 also take into account and remove from consideration those amounts and works under the
contract and subcontracts which cannot be performed or supplied by subcontractors which are
certified as eligible for participation in the Vendor Outreach Program. Such levels of
participation shall be established by SIC Code where appropriate, and the Director shall
indicate which codes included within the defuution of SIC Code are being used and for what
purposes.
(c) Factors. In setting levels of participation of SBEs, MBEs and WBEs, whether
annually under subsection (a) above ar for individual prime contracts under subsection (b)
above, the D'uector shall endeavor to arrive at the number of such businesses (i) which are
currently available in the marketplace and which are qualified to do the particulaz work
required by the City contract, and (ii) which would reasonably be expected by normal
economic and business operation and market forces to participate in such vendor contracts and
prime contracts, ]n the absence of present discriminauon or the effects of past discrinunauon.
The D'uector shall consider the following factors in establishing levels of participation:
(1) the practical, as opposed to theoretical, availability of SBEs, MBEs and WBEs
("such businesses" in this subsection) in the marketplace;
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(2) the particular goods and services, or construcrion or development projects, for
which such businesses are available;
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(3) the past levels of participation of such businesses in City vendor contracts or as
subcontractors in city prime contracts;
(4) the reasonably anticipated number and amount and type of City vendor contracts
and subcontracting opportunities in City prime contracts for the next fiscal year;
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(5) whether the reasonably anticipated contracts aze for goods or services, or
construction contracts, for which there are few or no such businesses available or
qualified to do the particulaz work, or to do subcontracts;
(6) whether such businesses will be able to obtain necessary bonds, insurance policies,
and equipment or personnel required to perform such City vendor contracts or
subcontracting on prime contracts;
(7) as to professional services, the levels of participation that are established by otUer
City departments and offices;
(8) whether the reasonable and necessary requirements of the contract render
subcontracting or other participation of business other than the bidder or proposer
infeasible;
(9) whether a public or administrative emergency exists which requires the goods or
services, or construction ar development project, to be delivered or performed with
unusual unmediacy;
(10) whether the number of certified SBEs, MBEs or WBEs providing the services
required by the contract are so few as to render them unavailable in prac6cal terms,
despite attempts to locate them; and
(11} whether the application of the provisions of this ordinance will impose an
unwarranted risk on the City or unduly delay acquisition of the goods or services, or
completion of the construction or development project.
(12) availability shall be construed as broadly as is lawful and reasonably possible in
order to effectuate the goals of this ordinance.
(13) and the Director shall develop and administer a program to assist certified
businesses to obtain bonding and insurance.
Sec. 84.07. Certification of businesses.
(a) Requirement,• two years. Any 5BE, MBE, or WBE ("such business" or "such
businesses" for the remainder of this secrion) which seeks to participate in, or avail itself of the
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1 benefits of, the Vendor Outreach Program, must first be certified. Once certified, the
2 certification is valid for the following two calendar yeats, and thereafter, renewa le for two-
3 yeaz periods bv recertification.
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5 (b) Application. S�ch business shall file an application with the Director, and provide
6 such information on such forms as the Duector may reasonably require. The Director may
7 require informaflon
9 (1) that will establish that such business meets and will continue to meet the
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definition of an SBE, MBE or WBE, as the case may be, for the entire period of
certification, a�
(2) as-ta that delineates the availabiliry and qual�cations of such business,
{� the areas of City vendor contracts or prime contracts such business seeks,
and
�4� the number and dollar amount of past City conuacts it has been a pariy to or
participated as a subcontractor.
(c) Certifzcation of another jurisdiction. The Director may, in his or her sole discretion,
waive all or part of the application process, and waive the submission of information required
thereunder, as to any such business which has been certified under a programsubstantial3y
materia l similar to the Vendor Ouueach Program. The burden is on the applicant to furnish a
copy of the application and supporting information from the other program, and to demonstrate
to the satisfaction of the D'uector that the guidelines and requirements of the other program are
substanrially similar to those required under the Vendor Outreach Program. This authoritv is
not intended to amend. modify or rescind. in whole or in part. any agreements that ma�exist
to enga�e in a joint certification process with other governmental entities.
(d) Joint applications. The Director may cooperate with any other governmental entity
having a program sttbst�i�Yy* materially sunilaz to the Vendor Outreach Program in providing
for a joint or mutually acceptable application process.
(e) No certification. The D'uector may determine not to certify an applicant if such
business sells a product or service which the Ciry, either itself or for another governmental
entity, (1) has in the past either not purchased or purchases in very limited amounts, or (2) is
not likely to purchase in the foreseeable future.
(fj Change in circumstances. If the Director determines that any such business no
longer meets the de�inition of ���IBE or WBE, as the case may be, the Director may
tenninate the certification of such business. Each such business, which has been certified, is
and remains under a continuing obligation to xeport to the D'vrector any change in
circumstances affecting it that would cause it not to meet the appropriate definition.
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(g) Materfal misstatement of fact. If the Director determines that any such business
made a material misstatement of fact in its application for certification or in any information
submitted in support of the application, whether intenrional ar by mistake, the D'uector may
deteimine either not to certify such business for participation in the Vendor Outreach Program,
or to terminate the certification of such business if already granted.
(h) Appeal. Any snch business whose application for certification has not been granted,
or whose certification has been terminated, by the Director may appeal to the Director of the
Office of Technology and Management Services ("TMS Director°). or to such agency or enrity..
using such procedures. as may be �rovided for in a joint powers agreement to which the Citv is
a a. Such appeal shall be decided on written submission and where appropriate in the
discretion of the TM5 Director, with an informal conference of such business with the Director
and his or her staff.
(i) Periodic review. The certif'ication for each such business may be reviewed
periodically by the Director to detemune that it continues to be eligible for certification and
meets the definitions of an SBE, MBE or WBE, as the case may be, but such review shall take
place at least every two years after its initial certification. The D'uector may require each such
business which has been certified to submit all information necessary to verify the continued
eligibility of such business, and the failure of such a business shall automatically ternvnate its
eligibiliry to participate in the Vendor Outreach Program.
23 (j) Targeted vendor devedopment program. A business which is registered as a"targeted
24 vendor" pursuant to Sec. 81.07, Saint Paul Administrative Code, on the effective date of this
25 ordinance shall be certified as an SBE, MBE, or WBE, as the case may be, and shall be
26 included in the Vendor Outreach Program for a period of six months following the effective
27 date of this ordivance. The D'uector shall notify all such targeted vendors of the provisions of
28 this ordinance. During such six month period, all such targeted vendors which wish to be
29 further certified shall make request to be further certified 'an confornuty with the requirements
30 of this subsection (j). IIpon receipt of such a request, the Director shall review any materials
31 previously filed to deternune compliance with certification requirements. Where current
32 materials are insu�cient to determine compliance, additional materials may be requested. Any
33 targeted vendors failing to submit a request to continue, or failing to submit all additional
34 materials which may be requested by the Director, will be terminated and will have to submit
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to a new certification process.
Sec. 84.08. Prime contract bid requirements.
(a) Evidence of compliance with bid documents. Each apparent low bidder on a city
prime contract is required to submit, before the bid is awarded to it, evidence of its compliance
with the requirements of the Vendor Outreach Program, on such forms as the D'uector may
prescribe. Such forms may include a certification by tUe bidder that the bidder will not use any
subcontracts on the particular job. Such evidence shall be submitted afrer the opening of the
bids, and on or before a date to be established by the Director, but in no case after the tenth
day following the opening of such bids.
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@) Compliance with outreach requirements. Such a bidder shall submit evidence (1)
that it has complied with the outreach requirements of the Vendor Outreach Program specified
in subsecrion (c) in ttris Section 84.08, and (2) that it sought to enter into subcontracts with
certified SBEs, MBFs and/or WBEs who are willing and qualified to do the work required by
the particular subcontract. Such evidence shail be submitted on such forms and meeting such
requirements as the Director may determine necessary to establish that the bidder did comply
fully and completely with such outreach requirements. The presence of fraud,
misrepresentation, or intentional discrimination by the bidder shall negate compliance with
outreach requirements hereunder.
(c) Outreach requirements. The following steps are required for compliance with the
outreach requirements of the Vendor Outreach Program in this Section 84.08.
(1) List each possible subcontract opportunity in the prime contract, indicating where
possible the SIC Code of such work, seeking the assistance of the D'uector in
ascertaining such subcontract opporhuiities.
(2) Obtain a current list of certified SBEs, MBEs and WBEs from the Director, which
list shall contain where available the applicable SIC Code or Codes for such businesses.
(3) Attend all pre-bid conferences to obtain information about the Vendor Outreach
Program, the levels of participation of certified SBEs, MBEs and WBEs, and the
ouueach requirements herein.
(4) Request assistance from minority and women community organizations, minority
and women contractor groups, or other organiZations that provide assistance to in the
recruitment and placement of SBEs, MBEs or WBEs.
(5) Obtain a current list of minariry and women publications from the Director.
(6) Solicit bids from certified SBEs, MBBs and WBEs, which have been identified by
the Director in consultation with the bidder as being available and capable of
performing the necessary work, for the subcontracts within the prime contract at least
ten days prior to bid opening, by phone, advertisement in a local paper and the relevant
minority publications on the list obtained from the Director, or other means spec�ed
by the Director, by written notice to the bidder. The bidder for the prime contract must
solicit bids from a minimum of five such certified businesses for each subcontract
witUin the prime contract, by SIC Code where available and applicable. If the
applicable certified list, using the SIC Code ar Codes where available, is five or fewer,
such bidder must contact the entire list.
(7) Provide plans and specificarions or informauon regarding the locafion of plans and
specifications to certified SBEs, MBEs or WBEs.
(8) Where applicable, advise and make efforts to assist interested SBEs, MBEs and
VJBBs to obtain bonds, lines of credit, or insurance required to perform the contract.
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ORIt�I�IA�. �
(9) Submit documentation if bids from certified 3BEs, MBEs or WBEs were rejected,
giving the complete basis for the rejecuon and evidence that the rejection was justified.
(10) Bidders on prime conuacts who continuously list the same certified SBEs, MBFs
and WBFs as having been contacted and listed as unavailable, when contact has
previously been unsuccessful as a result of disconnected phone numbers or renuned
mail, will not be deemed to be in compliance with the outreach requirements.
(d) Alternative cotnpliance. Notwithstanding the foregoing, a bidder on a prime contract
shall be deemed to have complied with the above outreach requirements of the Vendor
Outreach Program, if such a bidder submits evidence with its prime contract bid documents
that it has already entered into binding contracts with certified subcontractors whose contract
dollar amounts meet the levels of participauon established for that prime contract. A
subcontractor is certified for the purpose of this subsection if it is certified before the award of
the contract. If such bidder submits the name of a proposed subcontractor to satisfy this
Program, and the subcontractor is not certified before the award of the bid, the dollar amount
of that subcontract will not be counted in detenvining the level of participation of certified
SBEs, MBEs and WBEs, and the bid may be rejected as being unresponsive if the bidder has
not otherwise complied with the above outreach requirements of the Vendor Outreach Program
as required by this Section 84.08. Bidders shall not count toward the desired level of
participation any agreements with businesses that are not located within the marketplace or
otherwise do not meet the guidelines as set forth in this ordinance. The bidder may include
first and second tier subconuactors and suppliers as meeting the desired levels of participation.
Sec. 84.09. Vendor contract requirements.
(a) Director compliance. The Director shall, consistent with applicable laws and
statutes relating to competitive bidding and awards of contracts to the lowest responsible
bidder, seek where possible and lawful to award a portion of vendor contracts to certified
SBEs, MBEs and WBEs, in accordance with the annual levels of participation for such
businesses established pursuantto Sec. 84.06 above.
@) Outreach requirements. The Director shall engage in one or more of the following
outreach steps in arder to achieve the desired level of participation for all City vendor
contracts:
(1) Solicit bids, proposals or quotations from certified SBEs, MBEs and WBEs for the
vendor contracts prior to bid opening by phone, advertisement in a local paper, or other
means.
(2) Provide plans and speci£ications or information regarding the locauon of plans and
specificauons to certified SBEs, MBEs or WBFs.
(3) Request assistance from minority and women community orgaivzations, mmority
and women contractor groups, or other organizarions that provide assistance to such
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minority and women contractor groups in the recnutment and placement of SBFs,
MBFs or R'BEs.
(4) Where applicable, advise and make efforts to assist interested SBEs, MBEs and
VJBEs to obtain bonds, lines of credit, or insurance required to perform the contract.
(5) Prepaze and maintain documentation if bids from certified SBFs, MBEs or WBBs
were rejected, giving the complete basis for the rejecrion and evidence that the rejection
was justified.
(c) Unmet levels of participation. In the event that the number and dollaz amount of
vendor contracts awazded to SBEs, MBEs and WBEs does not rise to the levels of participation
that were established under Sec. 84.06 of this ordinance, the D'uector shall re-examine the
procedures used by the Director and other City officials for the processing and award of
contracts. Where agpropriate, the Director may seek changes in such procedures by ordinance
or administrative order.
Sec. 84.10. Monitoring and Reporting.
(a) Inspection. The Director is hereby authorized to verify that the certified SBEs,
MBEs or WBEs working on any City vendor contract or on any City prime contract are
certified, remain eligible and certified, actually performing the work, and otherwise in
compliance with the Vendor Outreach Program. Such verification may be made by on-site
inspection, requesting written informauon from the bidder or the subcontractor, or by such
other means as may be reasonable.
(b) Access to records. Each certi�ed SBE, MBE or WBE shall, upon request of the
Director, pernut access during normal business hours to its business work site, records, and
files as needed to determine conformance with Program requirements herein.
(c) City repor2s. Each City department and office shall prepare reports documenting the
levels of participauon established for professional service agreements for the particular fiscal
year, and the results of their efforts to meet those goals. The Depaztrnent of Planning and
Economic Development shall prepare reports documenting goals established for development
and other grant projects under its jurisdiction, and the results of its efforts to meet those goals.
The Division of Contract and Analysis Services shall prepare similar reports for those
contracts under its }urisdiction. These reports shall be filed with the D'uector of Technology
and Management Services in accordance with established schedules.
(d) Report of the directar. The D'uector shall annually submit a report to the Mayor and
City Council summarizing the information gathered pursuant to this section, including
information about any other activities undertaken by or on behalf of the City to further the
objecuves of the Vendor Outreach Prograzn. The report shall be available to Program
participants and offier interested parties.
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ORI�I�I��
Sec. %4.11. Business development.
(a) Reserved.
qg -� �t�
(b) Support for SBEs, MBEs and WBEs. The Director of the Department of Planning
and Economic Development shall undertake andlor facilitate any other acrivities to enhance the
viability of SBEs, MBEs and R'BEs, in the marketplace that aze authorized by law or program.
Such activities may include, but are not limited to, mentoring, technical assistance programs,
advocacy efforts, encouraging joint venture formation, collaboration with organized labor, and
providing financial assistance.
Sec. 84.12. Misdemeanor.
It shall be a misdemeanor for any person to furnish or to provide fraudulent or false
information for the purpose of gaining eligibility for, or participation in, the Vendor Outreach
Program.
Sec. 84.13. Applicability of other laws.
Nothing in this ordinance should be construed to amend, modify, affect or repeal any
provision in any other ordinance or statute that would otherwise be applicable to SBEs, MBEs,
WBEs, or to any person, firm or corporation bidding on or parry to any contract with the City
of Saint Paul.
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ORfGINAL °�$-�'�°�
Section 2
The provisions of Chapter 81 of the Saint Paul Administrative Code, the Targeted
Vendor Development Program, are hereby repealed on the effective date of this ordinance.
Section 3
This ordinance shall take effect and be in force thirty (30) days from and after its
passage, approval and publication.
Adop[ed by Counc3l: Date �� � ���
Adoption CertlEied by CounCil SeCretary
el'=
Apprwed by Mayor: at P L
ey:
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Requested by Department of:
�
9�-1�tq, ✓
OEPARTMENT/OFFICE/COUNCIL DATE INITIATED N� 318 9 2
Technologp and Mana ement Service GREEN -
CONTACTPERSON&PHONE �DEPARRAEMDIflECTO �CITYCAUNCIL INITIAVDAiE
Linda Cd7RP 266-8920 A���N �CT'ATfORNEV (/ CrtYCLERK
MU5T BE ON COUNCIL AGENDA BY (DATE) ROUiING O BU�('aET DIRECTOR � FIN. & MGT. SEflVICES DIF.
� ONDER � MAYOR (OR ASSISTANi) �
TOTAL # SIGNATURE PAGES .T— (CLIP ALL LOCATIONS FOR SIGNATUR�
AC770N RC-0UES'fED:
Amend chapter 8� of the Saint Paul Administrative Code (Vendor Outreach Program) to
make St. Paul's certification standards and definitions match thos�of other jurisdictions.
RECOMMENDA7IONS: Approva (A) or Fiejea (a) pERSONAL SERVICE CONTRACTS MUST ANSWER THE POLLOWING QUESTIONS:
__ PI.ANNMICa CAMM4SSIpN _ CIVII SERVICE COMMlS51�N �� Has this persoNfirm ever worketl under a corrtrac[ tor this deparhnent? �
_ qB COMMITTEE _ YES �NO
_ STAFF _ 2. Has Nis persoNfirtn ever been a city employee?
YES NO
_ DISTRICT fAUR7 _ 3. Does [his person/Firm possess a skill not normally possessed by any curtent ciy employee?
SUPPORTS WHICH COUNCIIOBJECRVER YES NO
Explatn all yes answers on separate sheet and attaeh to green sheet
INRIATING PROBLEM, ISSUE, OPP�fiTUNITY (Wtw. Whst, When, Where, Why)-
Staff reco�end that the City of Saint Paul participate in a new central vendor certification
system with Minneapolis, Hennepin County, Ramsey County and ISD 625. All participants have
agreed on co�on definitions and certification standards to assure that the certification
process will be efficient and easy for vendors to understand.
ADVANTAGES IFAPPfiOVED:
All jurisdictions will be using the same standards. This will help assure that certficatio
process will be efficient and cost effective. Less confusing for vendors.
�ISADVANTAGES IF APPqOVED:
Changes are very minor. Will not negatively impact any vendors who are already certified
with the City of Saint Paul.
DISADVANTAGES IF NOT APPqOVED:
More cumbersome and costly to implement a central certification system.
�;GLfiCi� f�2S22iC�i C8P1#0f
AUG 1 3 19��
TOTAL AMOUNT OF TRANSACTION S � COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDIHG SOURCE ACTIVITY NUMBER
FINANCIAL INFORMA710N: (E%PLAIN)