Item Description:
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JPA PR00006262 with the State of MN for a Joint Disparity Study to examine whether there is evidence of discrimination against BIPOC- and women-owned firms in Hennepin County's market area and to assess potential measures to address any such discrimination, 02/01/24-01/31/26, NTE $32,660
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Resolution:
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BE IT RESOLVED, that Joint Powers Agreement PR00006262 between Hennepin County and the State of Minnesota, Department of Administration, during the period February 1, 2024 through January 31, 2026, in the not to exceed amount of $32,660, for a Joint Disparity Study to be conducted by Keen Independent Research LLC (Keen) for a consortium of Minnesota public entities, led by the State of Minnesota and including other governmental units, be approved; that following review and approval by the County Attorney's Office, the Chair of the Board be authorized to sign the Joint Powers Agreement on behalf of the County; and that the Controller be authorized to disburse funds as directed.
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Background:
The 1989 U.S. Supreme Court in City of Richmond v. J.A. Croson Company held there are only certain limited permissible reasons for a local government to have a race-conscious procurement program, and set specific conditions for such programs:
1. A government agency must establish and thoroughly examine evidence to determine whether there is a compelling governmental interest in remedying specific past identified discrimination or its present effects; and
2. A jurisdiction must also ensure that any program adopted is narrowly tailored to achieve the goal of remedying the identified discrimination.
These two requirements must both be satisfied to meet the U.S. Supreme Court's strict scrutiny standard of review for race-conscious programs.
Disparity studies examine whether there is a disparity between the utilization and availability of BIPOC- and women-owned firms in a governmental entity's contracting. If an underutilization is documented...
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