08-900CITY OF
Presented by
Council File #_�'�'�
Green Sheet #� O r�' �,0 y
ORD113ANCE
►IIV�T PAUf.., MINNESOTA a y
1 An ordinance amending Chapter 84 of the Saint Paul Administrative Code
2 to reflect in part the creation of a new
3 Department of Human Rights and Equal Economic Opportunity
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5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
6 Section 1
7 Chapter 84.01 of the Saint Paul Administrative Code is hereby amended to read as follows:
8 Sec. 84.01. Declaration of Policy and Purpose.
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9 The ordinance is based on and responds to the information and evidence of discrimination against women
10 and minorities documented by the study submitted by BBC Research & Consulting, September 1995, to
ll the City of Saint Paul and the study submitted by the Institute on Race and Poverty, February, 1996, to the
12 City of Saint Paul. In doing so, this ordinance is intended to remedy and correct the effects of past
13 discrimination in construction, goods, services and professional services whose effects still burden small
14 and minority-owned and women-owned businesses in the city.
15 This ordinance will help prevent future discrimination against vendors and contractors who provide goods
16 and services to the city, or engage in the completion of construction contracts to which the city is or sha11
17 be a party. It is intended to further discourage and prevent discrimination on account of race or gender.
18 It is the policy of the city both (a) to attempt to provide a remedy for past underutilization of qualified
19 minority- and women-owned businesses and economically disadvantaged small businesses, and (b) to
20 prevent ongoing underutilization of such businesses in the city's contracting process, by facilitating their
21 participation as vendors to the city in its purchase of goods, services, and construction of public buildings
22 and publicly assisted projects, and its various economic development activities.
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The policy of the city is to promote increased participation by qualified, minority-owned, women-owned,
and economically disadvantaged small businesses in public contracting that is comparable to their
availability in the Saint Paul marketplace. To this end, the city shall set annual benchmarks or levels of
participation for Minoritv Business Enterprises(MBE's�, Women-owned Business Entemrises (WBE's�,
and Small Business Entemrises (SBE's) "-'' a���^*��-�a �--��,� �-„^:„��� „�-�:�:-��:�-
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participating in city contracting activities based upon their current availability within the marketplace.
These levels of participation shall not be quotas. The levels that are established shall be reviewed every
three (3) years, and the participation of such businesses shall be reviewed every three (3) years, to insure
(1) that the program does seek no more than to remedy the effects of past discriminatlon and prevent future
discrimination, and (2) that the program does not become over time a race- or gender-based entitlement ar
quota program, nor become a limitation or cap on the participation of qualified businesses.
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Secrion 2
36 Section 84.03 of the Saint Paul Administrative Code is hereby amended to read as follows:
37 Sec. 84.03. De�nitians.
38 For purposes of this chapter, the following words and phrases shall have the meanings set forth in this
39 section, except where the context clearly indicates that a different meaning is intended.
40 A�liate or subsidiary of a business dominant in its feld of operation means a business that is at least
41 twenty (20) percent owned by a business dominant in its field of operation, or by partners, officers,
42 dizectors, majority stockholders, or their equivalent, of a business dominant in that field of operation.
43 Broker means a business that carries no inventory and that has no writien or oral ongoing agreement with
44 any manufacturer or manufacturer's authorized distributor to sell the products of the manufacturer. This
45 defmition is not intended to include businesses who actively use just-in-time methods in their normal
46 operation.
47 Business, or business entity means a contractor, developer, vendor, subcontractor, supplier, consultant, or
48 provider of technical, administrative, or physical services, regardless of whether operating as an individuai
49 or organized as a sole proprietorship, partnership, joint venture, association, cooperative, coiparation, or
50 other entity which is organized for profit.
51 City means the City of Saint Paul, Minnesota.
52 Commercially useful function means a function performed by a business enterprise when it is responsible
53 for the execution of a distinct element of the work of a contract and carrying out its responsibilities by
54 actualiy performing, managing, and supervising the work involved. Acting as a conduit to transfer funds to
55 another business does not constitute a commercially useful function unless it is done as a normai business
56 practice ofthat industry.
57 Construction and developmentprojects means (a) construcfion and development projects, (b) the
58 construction, alteration, painting or repair of a building or any structure on land, (c) any construction,
59 building, alteration, reconstruction, modernizafion or improvement of any structure, and (d) the
60 improvement of, or addition to, any capital asset.
61 Developer means a business which contracts with ar seeks to contract with the city for any construction
62 and development project in which the contractual documents therefor provide that either the city or the
b3 Housing and Redevelopment Authority of the City of St. Paul, Minnesota ("HRA") (a) wi11 receive, at any
64 time, legal or equitable title to the land, or any building or shucture thereon, which is part of such project,
65 exciuding title or property interests to or for public rights-of-way for pedestrian or vehicle transit, ingress
66 or egress, or (b) is obligated to issue general obligation bonds, or provide financing supported by a full
b7 faith and credit pledge.
68 Director means the director of the Depariment of Human Ri�hts and Equal Economic dpportunitY
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69 Dominant in its f eld of operation means a business having gross revenues that exceed the Minnesota
70 Department of Administration Standard Industrial Classification (SIC) Code revenue standard for its (SIC)
71 category.
72 Franchise, or franchised buszness means a business operated under an operating agreement obtained from
73 a franchiser to conduct a business where the franchiser retains the right to (1) direct, or set requirements
74 for, certain elements of the business, or (2) receive compensation for use of the franchise or the goodwill or
75 business name and where the owner does not bear the full risk and responsibility far the performance of the
76 business.
77 Goods and services means and includes (a) materials, supplies, equipment, all things which are movable,
78 and all tangible personal chattels, whether or not intended or suitable for becoming a fixture when attached
79 to real properiy; (b) labor and work; and (c) services of any kind, including consultant, trade, tecl�nicai, and
80 professionai services.
81 Joint venture means an association of two (2) or more persons or businesses to carry out a single business
82 enterprise for profit for which purposes they combine their property, capital, skills, knowledge and
83 management in an agreed-to proportionate share.
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88 Manufacturer means a business that makes or processes raw materials into a finished product.
89 Manufacturer's representative means a business that has an agreement with one (1) or mare manufacturers
90 or manufacturer's authorized distributors to sell the products of the manufacturer, but that is not an
91 employee of the manufacturer, and in which the owner does not bear the full risk and responsibility far the
92 performance of the business and the products and services offered.
93 Marketplace means the neographical area of the Minnesota counties of Anoka, Benton, Carver, Chisago,
94 Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Stearns, Washington, and Wright; and the Wisconsin
95 counties ofPierce and St. Croix.
96 Mznority means a citizen of the United States or lawfixlly admitted permanent resident w&o is Asian-
97 American, Native American, African-American, or Hispanic.
98 MBE, or nainority-owned business enterprise means a qualified business located in the marketplace or
99 doing business an the marketplace at the time of bid opening or solicitation (a) which is at least fi8y-one
100 (51) percent owned by one (1) ar more minority persons, or, in the case of any publicly owned business, at
101 least fifty-one (51) percent of the stock is owned by one (1) or more minority persons; and, (b) whose
102 management and daily business operations are controlled by one (1) or more minority persons who own it.
103 Prime, or prirne contractor means a business engaging in construction and development projects by
104 contractual an eement, ar in prime contracts, with the city. The terms also include a developer who or
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105 which may enter into a contract with the city for a particulaz construction and development project, and
106 which necessarily contemplates that the developer will also enter into other or further contracts for the
107 completion of the said project.
108 Prime contract means a contract with a prime contractor for the completion of a conshuction and
109 develapment project, as to which it is reasonably likely that the prune contractor will use, contract with, or
110 seek bids from, one (1) or more subcontractors. A prime contract also includes a contract with a developer,
i 11 where such contract or the particular "construction and development project" necessarily contemplates that
112 the developer wi11 enter into other or further contracts for the completion of the project.
113 Principal pZace of business means the primary physical location at which or from which a business
114 performs, is maintained, or operates.
115 Small business enterprise (SBE) means a business entity whose principal place of business is in the
116 markeiplace that:
ll 7(a} Is not a business dominant in its field of operation, nar an affiliate or subsidiary thereof; and
118 (b) Is not a broker, or a manufacturer's representative, does not operate as a franchise or under a franchise
119 agreement, and is not a business in which the owner is also owner or part owner of one (1) or more
120 businesses that is dominant in the same field of operation; and
131 (c) Is not a business whose gross revenues exceed those established for its Standard Industrial
122 Classificarion (SIC) code, as adjusted by the department of adminisization of the state pursuant to statute;
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124 (d) Performs a commercially useful function; and
125 (e) If it has been in operation for less than one (1) year, must be able to provide reasonable evidence in
126 form satisfactory to the manager, showing that it has an established record of generating revenue while
127 performing the business function represented in its application for certification or, if a professional service,
128 showing that it possesses applicable licenses or professional certifications or credentials.
129 SIC, or SIC Code means the Standard Industrial Classification code as promulgated and maintained by one
130 (1) or more agencies or depariments of the United States, and includes any code or system which replaces
131 or succeeds the code in existence on July 1, 1997. "5IC" ar"SIC Code" sha11 also include classification
132 codes promulgated and maintained by the American Institute of Architects or other organizations
133 concemed with contracting which, in the discretion of the �t��ge� director, are deemed more useful or
134 suitable for carrying out the purposes of this chapter.
135 Vendor means a business selling goods and services to the city, as well as other services, including
136 construction and development projects for which there will be no subcontracts.
137 Vendor contract means a contract with a vendor as to which the vendor will not use, contract with, or seek
I3& bids from, subcontractors.
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139 WBE, ar women-owned business enterprise means a qualified business concem located in the marketplace
140 or doing business in the marketplace at the time of bid opening or solicitation (a) which is at least fifty-one
141 (51) percent owned by one (1) or more women, or, in the case of any publicly owned business, at least
142 fifty-one (51) percent of the stock is owned by one (1) or more women; and, (b) whose management and
143 daily business operations aze controlled by one (1) or more women who own it.
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Section 3
145 Section 84.04 of the Saint Paul Administrative Code is hereby amended to read as follows:
146 Sec. 84.04. Applicability.
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Section 4
157 Section 84.05 of the Saint Paul Administrative Code is hereby amended to read as follows:
158 Sec. 84.05. Administration.
159 (a) The �agef director shall direct and administer the vendor outreach program.
160 (b) The � director may contract with other governmental agencies to administer programs for such
161 other agencies which are similar to the vendor outreach program, provided that the city is fuily protected
162 from liability and risk of loss arising out of such contract or contracts. The �ra�rgef director may also
163 contract with nongovennmental agencies for the administration of all or part of the vendor outreach
164 program.
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The provisions of this ordinance shall apply to all contracts which are awarded or entered into by the city,
including vendor contracts and prime contracts, except as may be hereinafter specifically exempted, and
shall be liberally conshued for the accomplishment of its policies and purposes. Any bid, as to which there
is or has been a material lack of compliance with the requirements of this Chapter $4 by any bidder, shali
be deemed to be an unresponsive bid, and such lack of compliance shail be a sufficient basis for the
rejection of that bid by the�age� director. Every contract covered by this chapter, which is enCered into
without bidding, shall include provisions which (a) obligate the prime contractor, developer and vendor to
fully comply with the applicable outreach requirements imposed in this chapter, (b) provide that failure to
so comply is a breach of such contract, and (c) provide remedies for such breach.
(c) All departments and offices of the city sha11 share in the responsibility far accomplishing the policy and
purposes of the vendor outreach program. The mayar may by administrative order provide for additional
activities and reports in furtherance of said proD am. In particular, the �ageF director shall work jointly
with other clty 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.
Section 5
172 Section 84.Ob of the Saint Paul Administrarive Code is hereby amended to read as follows:
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173 Sec. 84.06. Establishment of Desired Levels of Participation.
174 (a) Annual partieipation. In consultarion with each citydepartment and office, the �aaage� director shall
175 estabiish, as provided in this section, on an annual basis, the desired levels of participation of SBEs, of
176 MBEs and of WBEs in vendor contracts and prime contracts for the next fiscai year, expressed as a
177 percentage, for each, of the reasonably anticipated total doilar amount of all such contracts. Such levels of
178 participation shall be adjusted, from fvne to time during the course of the year as may be necessary, based
179 on changes in the availability of SBEs, MBEs and WBEs in the mazketplace.
180 (b) Adjustments for individual prime contracts. The-r�rar�ageF director shall also establish ancUor, where
181 appropriate, modify levels of pariicipation by subcontractors, which may be more or less than the annual
182 levels established in subsection (a}, for individual prime contracts, taking into account the total dollars of
183 the contract and the dollazs in the contract which may reasonably be expected to be subcontracted. In
184 setting such level of participation, the �ge� director shall also take into account and remove from
185 consideration those amounts and works under the contract and subcontracts which cannot be performed or
186 supplied by subcontractars which are certified as eligible for participation in the vendor outreach program.
187 Such levels of participation shall be established by SIC Code where appropriate, and the �ttage� directar
188 sha11 indicate which codes included within the definition of SIC Code are being used and for what
189 purposes.
190 (c) Factors. In setting levels of participation of SBEs, MBEs and WBEs, whether annually under
191 subsection (a) above or for individual prime contracts under subsection (b) above, the � director
192 shall endeavor to arrive at the number of such businesses (i) which are currently available in the
193 marketplace and which are qualified to do the particulat work required by the city contract, and (ii) which
194 would reasonably be expected by normal economic and business operation and market forces to participate
195 in such vendar contracts and prime contracts, in the absence of present discrimination or the effects of past
196 discrimination.
197 The �xageF director shall consider the following factors in establishing levels ofparticipation:
198 (1) The practical, as opposed ta theoretical, availability of SBEs, MBEs and WBEs ("such businesses" in
199 this subsection) in the marketplace;
200 (2) The particular goods and services, or conshuction or development projects, for which such businesses
201 are available;
202 (3) The past levels of participation of such businesses in city vendor contracts or as subcontractors in city
203 prime contracts;
204 (4) The reasonably anticipated number and amount and type of city vendor contracts and subcontracting
205 opportunities in city prime contracts for the next fiscal year;
206 (5) Whether the reasonably anticipated contracts are for goods or services, or conshuction contracts, for
207 which there are few or no such businesses available or qualified to do the particular work, or to do
208 subcontracts;
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209 (6) Whether such businesses will be able to obtain necessary bonds, insurance policies, and equipment or
210 personnel required to perform such city vendor contracts or subcontracting on prime contracts;
211 (7) As to professional services, the levels of participation that are established by other city deparhnents and
212 offices;
213 (8) Whether the reasonable and necessary requirements of the contract render subcontracring or other
214 participation of business other than the bidder or proposer infeasible;
215 (9) Whether a public ar administrative emergency exists which requires the goods or services, or
216 construction or development project, to be delivered or performed with unusual immediacy;
217 (10) Whether the number of certified SBEs, MBEs or �VBEs providing the services required by the
218 contract are so few as to render them unavailable in practical terms, despite attempts to locate them; and
219 (11) Whether the application of the provisions of this ordinance will impose an unwarranted risk on the
220 city or unduly delay acquisition of the goods or services, or completion of the construction or development
221 project.
222 (12) Availability shali be construed as broadly as is lawful and reasonably possible in order to effectuate
223 the goals of this ordinance.
22�3 (13) And the �aaage� directar shall develop and administer a program to assist certified businesses to
225 obtain bonding and insurance.
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Section 6
227 Section 84.07 of the Saint Paul Administrative Code is hereby amended to read as follows:
228 Sec. 84.07. Certification of businesses.
229 (a) Requirement; two years. Any SBE, MBE, or WBE ("such business" or "such businesses" for the
230 remainder of this section) which seeks to participate in, or avail itself of the benefits of, the vendor
231 outreach program, must first be certified. Once certified, the certification is valid For the following two (2)
232 calendar years and, thereafter, renewable far two-year periods by recertification.
233 (b) Application. Such business shall file an application with the a�age� director, and provide such
234 information on such forms as the �rage� director may reasonably require. The �rr�iage� director may
235 require information:
236 (i) That will establish that such business meets and will continue to meet the definition of an SBE, MBE or
237 WBE, as the case may be, far the entire period of certification;
238 (2) That delineates the availability and qualifications of such business;
239 (3) The areas of city vendor contracts or prime contracts such business seeks; and
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240 (4) The number and dollar amount of past city contracts it has been a party to or participated in as a
241 subcontractor.
242 (c) Certification of another jurisdiction. The �age� director may, in his or her sole discretion, waive all
243 or part of the applicarion process, and waive the submission of information required thereunder, as to any
244 such business which has been certified under a program materially similar to the vendor outreach program.
245 The burden is on the appiicant to fumish a copy of the application and supporting information from the
246 other program, and to demonstrate to the satisfaction of the �ge� director that the guidelines and
247 requirements of the other program are substantially sunilar to those required under the vendor outreach
248 program. This authority is not intended to amend, modify or rescind, in whole or in part, any agreements
249 that may exist to engage in a joint certification process with other governmental entities.
250 (d) Joint applications. The �at�age� director may cooperate with any other governmental entity having a
251 program materially similar to the vendor outreach program in providing for a joint ar mutually acceptable
252 application process.
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256 �e� Change in circumstances. If the �a�age� director determines that any such business no longer meets
257 the definition of SBE, MBE or WBE, as the case may be, the �a�ge� director may terminate the
258 certification of such business. Each such business, which has been certified, is and remains under a
259 continuing obligation to report to the �age� director any change in circuxnstances affecting it that would
260 cause it not to meet the appropriate definition.
261 (�) Material mzsstatemen2 of fact. If the �age� director determines that any such business made a
262 material misstatement of fact in its application for certification or in any information submitted in support
263 of the application, whether intentional ar by mistake, the �age� director may determine either not to
264 certify such business for participation in the vendor outreach program, or to terminate the certification of
265 such business if already granted.
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272 (g�) periodic review. The certification far each such business may be reviewed periodically by the �
273 director to determine that it continues to be eligible far certification and meets the definitions of an SBE,
274 MBE or WBE, as the case may be, but such review shall take place at least every two (2) years after its
275 initial certification. The �age� director may require each such business which has been certified to
276 submit all information necessary to verify the continued eligibility of such business, and the failure of such
277 a business shall automatically terminate its eligibility to participate in the vendor outreach program.
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Section 7
291 Section 84.08 of the Saint Paul Administrative Code is hereby amended to read as follows:
292 Sec. 84.08. Prime contract bid requirements.
293 (a) Evidence of compliance with bid documents. Each ap ap rent low bidder on a city prime contract havinQ
294 a vendor outreach program �oal as a material term is required to submit evidence with the bid document
295 demonstratine compliance with and commitment to the outreach goal or alternativelv within ten (101 days
296 after the bid openinQ date, comnliance with good faith efforts �Before the bid is awarded to it, each
297 a�parent low bidder shall submit evidence of its compliance with the requirements of the vendor outreach
298 program alon¢ with evidence of compliance with the outreach efforts listed in sub_pazaeraph c specifical�
299 6 and 9,—on such forms as the �geF director may prescribe. Such forms may include a certification
300 by the bidder that the bidder will not use any subcontracts on the particular job. °.,^� �- ^�-�„ ��
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(�) Targeted vendor development program. A business which is registered as a"targeted vendor" pursuant
to section 81.07, Saint Paul Administrative Code, on the effective date of this ordinance shall be certified
as an SBE, MBE, or WBE, as the case may be, and shall be included in the vendor outreach program for a
period of six (6) months following the effective date of this ordinance. The �traxagef director shail notify
ali such targeted vendors of the provisions of this ordinance. During such six-month period, all such
targeted vendors which wish to be further certified shall make request to be further certified in conformity
with the requirements of this subsection (j). Upon receipt of such a request, the �age� director shall
review any materiais previously filed to determine compliance with certification requirements. Where
current materials are insufficient to determine compliance, additional materials may be requested. Any
tazgeted vendors failing to submit a request to conrinue, or failing to submit all additional materials which
may be requested by the �agef director, wi11 be terminated and will have to submit to a new certification
process.
(b) Commitment to goal. Befare the bid is awarded an apparent low bidder on a prime contract must
submit evidence that it has or will enter into binding contracts with certified subcontractoxs whose contract
dollar amounts meet or exceed the levels of particination established for that prime contract This evidence
shall constitute a material term of the prime contract if awarded A subcontractor is certified for the
pumose of this subsection if it is certified before the award of the contract If such bidder submits the name
of a nroposed subcontractor to satisfv thispro�ram and the subcontractor is not ceriified before the award
of the bid. the dollar amount of that subcontract will not be counted in determinin the level of
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participation of certified SBEs. MBEs and WBEs, and the bid mav be reiected as being unres�onsive if the
badder has not otherwise complied with the above outreach requirements of the vendor outreachprogram
as required by this section 84.08. Bidders shall not count toward the desired level of garticipation any
aeseements with businesses that aze 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 subcontractors and
suppliers as meetin� the desired levels of participation.
324 (c) Orctreach �od faith efforts factors �egas�r=e»�s. A bidder not binding itself to the established
325 outreach eoal may be classified as a responsive and responsible bidder if it documents and establishes to
326 the citv that it engaged in the following �ood faith efforts: T'^° � °*°�° ° -°a F�� °�-�—,:^„�°
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328 (1) List each possible subcontract opportuniry in the prime contract, indicating where possible the SIC
329 Code of such work, seeking the assistance of the �age� director in ascertaining such subcontract
330 opportunities.
331 (2) Obtain a current list of certified SBEs, MBEs and WBEs from the �age� director, which list shail
332 contain where available the applicable SIC Code or codes for such businesses.
333 (3) Attend all pre-bid conferences to obtain information about the vendor outreach program, the levels of
334 participation of certified SBEs, MBEs and WBEs, and the outreach requirements herein.
335 (4) Request assistance from minority and women community organizations, minority and women
336 contractor groups, or other organizations that provide assistance in the recruitment and placement of SBEs,
337 NIBEs or WBEs.
338 (5) Obtain a cunent list of minority and women publications from the�ageF director.
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(6) Solicit bids from certified SBEs, MBEs and WBEs, which have been identified by the ��axage� director
in consultarion with the bidder as being available and capable of performing the necessary work, for the
subcontracts within the prime contract at least ten (10) days prior to bid opening, by phone, advertisement
in a local paper and the relevant minority publications on the list obtained from the �ageF director, ar
other means specified by the a�axage� director, by written notice to the bidder. The bidder for the prime
contract must solicit bids from a minimum of five (5) such certified businesses for each subcontract within
Che prime contract, by SIC Code where available and applicable. If the applicable certified list, using the
SIC Code or codes where available, is five (5) or fewer, such bidder must contact the entire list.
347 (7) Provide plans and specifications or information regarding the location of plans and specifications to
348 certified SBEs, MBEs or WBEs.
349 (8) Where applicable, advise and make efforts to assist interested SBEs, M$Es and WBEs to obtain bonds,
350 lines of credit, or insurance required to perform the contract.
351 (9) Submit documentation if bids from certified SBEs, MBEs or WBEs were rejected, giving the complete
352 basis to the certified vendor for the rejection and evidence that the rejection was justified.
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353 (10) Bidders on pzime contracts who continuously list the same certified SBEs, MBEs and WBEs as
354 having been contacted and listed as unavailable, when contact has previously been unsuccessful as a result
355 of disconnected phone numbers or returned mail, will not be deemed to be in compliance with the outreacY
356 requirements.
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Section 8
371 Section 84.09 of the Saint Paul Administrative Code is hereby amended to read as follows:
372 Sec. 84.09. Vendor contract requirements.
373 (a) Ma�gex DiYectoY compliance. The �geF director shall, consistent with applicable laws and statutes
374 relating to competitive bidding and awards of contracts to the lowest responsible bidder, seek where
375 possible and lawful to award a portion of vendor contracts to certified SBEs, MBEs and WBEs, in
376 accordance with the annual levels of participation for such businesses established pursuant to section 84.06
377 above.
378 (b) Outreach requirements. The �rage� director shall engage in one (1) or more of the following outreach
379 steps in order to achieve the desired level of participation for all city vendor contracts:
380 (1) Solicit bids, proposals or quotations from certified SBEs, M$Es and WBEs far the vendor contracts
381 prior to bid opexung by phone, advertisement in a local paper, or other means.
382 (2) Provide plans and specifications or information regarding the locarion of plans and specifications to
383 certified SBEs, MBEs or WBEs.
384 (3) Request assistance from minority and women community organizations, minority and women
385 contractor groups, or other organizations that provide assistance to such minority and women contractor
386 groups in the recruitment and placement of SBEs, MBEs or WBEs.
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387 (4) Where applicable, advise and make efforts to assist interested SBEs, MBEs and WBEs to obtain bonds,
388 lines of credit, or insurance required to perform the contract.
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389 (5) Prepare and maintain documentation ifbids from certified SBEs, MBEs or WBEs were rejected, �ving
390 the compiete basis for the rejection and evidence that the rejection was justified.
391 (c) Unmet Zevels ofparticipation. In the event that the number and dollar amount of vendor contracts
392 awazded to SBEs, MBEs and WBEs does not rise to the levels of participation that were established under
343 section 84.06 of this ardinance, the � director shall reexamine the procedures used by the �ta}�ge�
394 director and other city officiaLs for the processing and award of contracts. Where appropriate, the�ageF
395 director may seek changes in such procedures by ordinance or admuustrative order.
396
Section 9
397 Section $4.10 of the Saint Paul Administrative Code is hereby amended to read as follows:
398 Sec. 84.10. Monitoring and Reporting.
349 (a) Inspection. The �age� director is hereby authorized to verify that the certified SBEs, MBEs or WBEs
400 working on any city vendor contract or on any city prime contract are certified, remain eligible and
401 certified, actually performing the work, and otherwise in compliance with the vendor outreach program.
402 Such verification may be made by on-site inspection, requesting written information from the bidder or the
403 subconiractor, or by such other means as may be reasonable.
404 (b) Access to records. Each certified SBE, MBE or WBE shail, upon request of the �taa�geF director,
405 permit access during normal business hours to its business work site, records, and files as needed to
406 determine conformance with program requirements herein.
407 (c) City reports. Each city department and office and the F3I2A shall prepare reports documenting the levels
408 of participation established for professional service agreements for the particular fiscal year, at� the results
409 of their efforts to meet those goals� and the level of artici ap tion�oals set for the followin�fiscal year
410 The �^�-'-���« �r�l.�„n:� ^�a n����-�:� T��-,�,�-----�-� airector shall prepare reports documenting goals
411 established far development and other grant projects under its jurisdiction, and the results of its efforts to
412 meet those goals. ThP-n;�,; inn nf �"ravatr��+ � a A 1 a 7, 11 '7 r t,
413 . � r Y
414
4l5 (d) Report of the naanc�ge� director. The � director shall annually submit a report to the mayor, a�
416 city council and the Human Rights and Equal Economic Opportunitv Commission suuunarizing the
417 information gathered pursuant to this section, including information about any other activities undertaken
418 by or on behalf of the city to fi.irther the objecfives of the vendor outreach program. The report shall be
419 published and made availabie to program participants and other interested parties.
420
421
422
423
424
425
��� � ��
426
427
Section 10
428 This ordinance shall take effect and be in force thirry {30) days following its passage, approval and
429 publication.
430
�
OCT � g pp0
Request e nt of: L f� (1
Sy:
Approved by the Office of Fin cial Services
By: �
Appxoved by City Attorney
By:
Adopted by�Ciuncil: Date ��— ��ZUO�S Appro y M� or Sub ' io� Cou�
Adop� ,fie y o ci cretary B
.� �i �a
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� GreemSheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
vo'�'(�4
CA -c;rya�e
GoMact Person R Phone:
John Choi
266-877Q
musc ce on
20-AUG-08
Doc. Type: ORDINANCE
E-Document Required: Y
Oocument Contact: Julie Kraus
is-auc-oa
�
Assigo
Number
For
Routing
Ordu
Contact Pho�: 266�776 I I
ToWI # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3058204
0 ,CStyAttorney
1 ' Attorne De ar�ent Director
2 'iC�tyAttoruey
3 or's O&ce Ma m/ASSistant
4 ou� _ �
5 i Clerk Q Clerk
Approval of the attached ordinance amending CtGaptei 84 of the Saint Paul Adminisffative Code to reflect in part the crearion of a
new Deparhnent of Human Rights and Equal Economic Opporiuniry.
iaaiions: Npprwe �v,7 or n
Planning Commission
CIB Committee
Civil Service Commission
1. Has this persoNfirm everworked under a contract for fhis department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does ihis person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Init(ating Problem, Issues, OppoAUnity (Who, What, When, Where, Why):
Before the City Council is an ordinance to crea[e a new department enritled Department of Human Rights and Equal Economic
Opportunity. The main goal of this new depariment is to improve the internal communicarion and coordination of contract related
acfivities and to create a single point of accoantabiliry. Moreover, all staff with contract related responsiblifies will operate under the
same leadership and mission and can approach their woxk in a way that will lead to outcomes that meet the policy objecrives of the
City's elected officials.
AdvaMages If Approved:
For contract related activiries, there will be improved intemal communciations and coordinarion as well as a single point of contact.
Employees in the new department will have the same leaderslvp and mission.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
Advantages listed above will not be realized.
TransaMion:
Funding Source:
Firrancial Ir�formation:
(Explain)
Activity Num6er:
CosVRevenue Budgeted:
August 13, 2008 10:05 AM Page 1