Minneapolis, Minn., Code of Ordinances § 7 § 139.50

(a) Required contract clauses. Unless exempted by the director, and in addition to any other contract provisions that may be specifically required by Article IV of Chapter 24 , all City of Minneapolis contracts shall include the following provisions, specifically or by reference:
During the performance of this contract, the contractor agrees as follows: (1)
The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, familial status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof, subject to section 139.30 .
(2) The contractor will take affirmative action to ensure that all employment practices are free of such discrimination as described in subsection (a)(1) Such employment practices include but are not limited to the following:
a. Ensuring that hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships, are free from unlawful discrimination.
b. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Minneapolis Department of Civil Rights ("MDCR") setting forth the provisions of subsection (a)(1).
c. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity or affirmative action employer.
d. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the MDCR, advising the labor union or workers' representative of the contractor's commitments under section 139.50 of the Minneapolis Code of Ordinances, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(3) The contractor will comply with all provisions of Title 7 of the Minneapolis Code of Ordinances, and with all rules and regulations issued by the director of the MDCR (director) or the Minneapolis Commission on Civil Rights (commission).
(4) The contractor will furnish and cause each of its subcontractors to furnish all information and reports required by section 139.50 of the Minneapolis Code of Ordinances, and by the rules and regulations of the director or of the commission, and will permit access to its books, records and accounts by the director, the director's agent, or the commission, for purposes of investigation to ascertain compliance with the rules, regulations and provisions of Title 7 .
(5) The contractor shall take action to afford Minority-Owned Business Enterprises and Women-Owned Business Enterprises, as defined in Chapter 423 , full and fair opportunities to compete on this contract and resulting subcontracts. This provision is not intended to limit in any manner the right of a contractor to enter into a contract with a subcontractor whose status as a Minority-Owned Business Enterprise or Women-Owned Business Enterprise has not been determined by the MDCR. Any non-compliance of the provisions of Chapter 423 , or of any rules or regulations promulgated by the MDCR pursuant to Chapter 423 , may result in the penalties outlined in Chapter 423 .
(6) The contractor shall comply with all applicable requirements under Chapter 24 . Any non-compliance with the provisions of Article IV of Chapter 24 in regard to prevailing wage or other obligations to employees may result in the penalties outlined in Article IV of Chapter 24 .
(7) In the event of the contractor's non-compliance with the clauses of this contract identified in subsections 139.50 (a)(1) to (a)(4) or with any of the rules, regulations or provisions of Title 7 :
a. This contract may be canceled, terminated or suspended, in whole or in part.
b. Contractor may be declared ineligible by the Minneapolis City Council for further city contracts in addition to other remedies as provided in Title 7 .
c. Contractor shall be liable for any costs or expenses incurred by the City of Minneapolis in obtaining from other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the city under this contract and for administrative costs incurred in seeking compliance.
d. The city shall have the right to specific performance of this contract.
e. If the director finds probable cause that the contractor is in non-compliance with the clauses of this contract identified in subsections (a)(1) to (a)(5) or with any applicable rules or regulations, the city may withhold up to fifteen (15) percent of the total contract amount until the contractor demonstrates compliance. In the event that withholding a portion of the contract amount is not feasible, liquidated damages of one thousand dollars ($1,000.00) per day may be imposed for each day that the director finds probable cause that the contractor is in non-compliance, or until the contractor is otherwise adjudicated to be in compliance.
f. If the contractor has materially failed to implement the affirmative action plan approved by the director:
1. The director may suspend or revoke approval of that affirmative action plan for up to one (1) year; and
2. This contract may be canceled, terminated or suspended, in whole or in part.
(b) Non-compliance. If the director finds probable cause to believe that the contractor is not in compliance with any provision of subsection (a) paragraphs (1) through (4) or with the implementing rules, regulations, provisions, or plans thereto, the director shall notify the city department administering said contract and shall engage the contractor and the administering department in conciliation or persuasion for a period of up to ninety (90) days to provide an opportunity for the contractor to demonstrate compliance. If the acts or practices giving rise to the finding of probable cause of non-compliance are not eliminated within ninety (90) days, the director may issue a finding of non-compliance which may include appropriate remedies.
(c) Hearing before a panel of the commission. Should the foregoing fail to eliminate the noncompliant acts or practices, the director shall file a director's charge and request a hearing before the commission on the subject matter of the non-compliance. Should a contractor wish to appeal a finding of non-compliance by the department, the contractor shall file an appeal and the director shall request a hearing on the appeal before the commission.
(1) The hearing on the subject matter of the non-compliance shall be held within ninety (90) days of notification of the matter to the commission, or as soon thereafter as practicable.
(2) The chairperson of the commission on civil rights shall appoint a three-person hearing committee, who may or may not be members of the commission. At least one (1) member of the hearing committee shall be an attorney. The presiding commissioner of the hearing committee shall be an attorney. The hearing committee shall hold a hearing on the subject matter of the non-compliance and shall receive evidence pursuant to the provisions of Minn. Statutes Section 14.60 . The hearing committee shall make findings regarding the subject matter of the non-compliance, which may include findings with respect to the contract, ordinance provisions, affirmative action plan, or women and minority business enterprise inclusion. The hearing committee shall order final action including final imposition of sanctions under subsection (a)(7) of this section.
(3) In the alternative, after consulting with the director, the chairperson of the commission may designate a hearing examiner who is an attorney and who may or may not be a member of the commission. The hearing examiner shall have all the powers of a hearing committee.
(d) Subcontracts. The contractor will include the provisions of subsection (a) paragraphs (1) through (7) in every subcontract or purchase order, specifically or by reference, unless exempted by rules, regulations, or orders of the director, so that such provisions will be binding upon each subcontractor or vendor.
(e) Written affirmative action plan; pre-award review. Unless exempted by the director, neither the City of Minneapolis nor the Minneapolis Community Development Agency shall enter into any contract or amend any contract resulting in a cumulative contract award in excess of one hundred thousand dollars ($100,000.00) with any bidder or prospective contractor until a written affirmative action plan has been approved by the director and until the department has conducted a pre-award review.
Neither the City of Minneapolis nor the Minneapolis Community Development Agency shall close on any development contract until a written affirmative action plan from the recipient of assistance and any prospective contractor with a contract in excess of one hundred thousand dollars ($100,000.00) has been approved by the director and until the department has conducted a pre-award review.
The director shall, in a pre-award review, examine evidence of the past performance of the entity under review regarding compliance with the provisions of subsection (a) of this section, which should include but not be limited to the following factors: The record of the entity under review regarding observance of the City of Minneapolis contract compliance rules and regulations; the books, records, payrolls and other relevant documents including a list, separated by construction project or work site, of all protected-class employees who worked for the entity under review during the period to be reviewed; documentary evidence of the implementation of each of the affirmative action standards set forth in the specifications and evidence demonstrating whether or not the entity under review has complied with subsections (a)(1) and (a)(2) of this section or similar equal employment opportunity clause in contracts with any other governmental body or any other entity. The director shall have thirty (30) days after receiving notice of the proposed contract to complete the pre-award review and approve or disapprove the affirmative action plan.
(f) The director may audit any affirmative action plan that has been approved by the director. If as a result of such audit, the director finds that a contractor has failed to implement or failed to make a good faith effort to implement the affirmative action plan, the director shall follow the non-compliance and hearing provisions of section 139.50 .
(g) To implement any of the provisions of this section, the director may create rules, regulations, processes, procedures and/or forms.
(h) Jurisdiction. With regard to development contracts the jurisdiction of the city under this section shall extend for a period of three (3) years from the date of the development contract or until such longer period as may be stated in the development contract and shall include jurisdiction over owner-occupants of any project financed pursuant thereto. (Ord. of 12-30-75, § 5; 80-Or-021 , §§ 1, 2, 2-8-80; 81-Or-211 , §§ 1--3, 8-14-81; 82-Or-255 , § 1, 12-23-82; 83-Or-324 , §§ 1--8, 12-30-83; 84-Or-042 , §§ 1, 2, 3-30-84; 88-Or-001 , § 1, 1-15-88; 90-Or-012 , § 1, 1-26-90; 93-Or-132 , § 9, 8-27-93; 2006-Or-061 , § 5, 6-16-06; 2011-Or-021 , § 1, 3-10-11; 2011-Or-067 , § 4, 8-5-11; Ord. No. 2016-063 , § 1, 9-23-16; Ord. No. 2017-078 , § 1, 12-8-17; Ord. No. 2025-022 , § 5, 5-1-25)