Fiscal Note
No expenditure required.
Title
Amending 39.02(9)(a)3. to make the Affirmative Action requirements consistent for subdivision improvement contracts and similar contracts for the construction of public improvements that will be accepted by the city, and creating 39.02(9)(a)2.i. and amending 39.02(9)(b) to clarify the affirmative action and nondiscrimination contract requirements for contracts with state and federal governments, and exempting written employment contracts from the Affirmative Action provisions.
Body
DRAFTER'S ANALYSIS: This ordinance clarifies the Affirmative Action contract requirements for two contract forms regularly used by the Engineering division: "subdivision" agreements, which are defined by MGO 16.23, and "developer" agreements, which are not. Both agreements result in the construction of public improvements that will be accepted by the city. Under the existing AA ordinance, only the subdivision agreements are mentioned, leaving it ambiguous as to whether the Articles of Agreement and Model Affirmative Action Plan are required of developers who enter into "developer" type agreements. (The "developer" agreement will be defined in this ordinance as "contracts for the construction of public improvements that will be accepted by the City.") Under this amendment, the AA contractual requirements will be the same for both.
Another difficulty with the existing ordinance is that developers entering into subdivision improvement contracts are never exempt from filing an AA Plan, while the same developer, if entering into a "developer" agreement, is subject to an exemption analysis. There is no policy difference between the 2 types of agreements that would suggest one group be exempt from the AA provisions, while the other is not.
The result of this amendment is that developers who make both types of agreements will be required to file an AA Plan, and the Articles of Agreement will always be included in their contr...
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