City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 7-1983. Amendments noted where applicable.]
CROSS-REFERENCES
Contracts: see Ch. 2-303 and § 2-307.5.
Discrimination: see Title 4 and the Pennsylvania Human Relations Act (43 P.S. § 951 et seq.).
Unlawful employment practices: see 43 P.S. § 955.

§ 2-901.1 Definitions. [1]

As used in this chapter, unless otherwise expressly stated or clearly indicated by the context, the following terms shall have the meanings indicated:
BONA FIDE MINORITY BUSINESS ENTERPRISE
A sole proprietorship, partnership, joint venture, corporation, or entity owned and controlled by minority group members to which access to City contracting opportunities has heretofore been impaired by the effects of past discrimination and wherein:
A. 
At least 51% is owned by minority group members or women and no part of its ownership, operation or control is in the hands of the respective prime contractor of the relevant City contract;
B. 
Minority group members or women share in the risks and profits of the enterprise to the extent of their individual holdings;
C. 
Minority group members' or women's participation in the business is active, as opposed to passive, and such participation is not dependent on the consent of non-minority group or primarily male members who may also have holdings in the business enterprise;
D. 
The business enterprise has experience in the area to which it claims expertise; and
E. 
The business enterprise was not organized solely to meet these requirements.
CONTRACT
"Contract" in its ordinary and usual definition, but not including agreements made with other governmental agencies, associates of governmental agencies or governmental officials, or with particular officers or employees of such agencies, for services related to their official positions of employment.
MINORITY
African Americans, Hispanic Americans, Asian Americans, Native Americans, American Aleuts, and other minorities as recognized by federal regulations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).

§ 2-901.2 Application.

This chapter shall apply to all contracts and contracting agencies of the City and to contractors and subcontractors who perform City contracts.

§ 2-901.3 Contract Compliance Officer; appointment and duties.

The Business Administrator, within 30 days of the enactment of this chapter, shall appoint, with the approval of the Mayor, a Contract Compliance Officer whose authority and responsibility shall be to:
A. 
Ascertain, within 90 days of the enactment of this chapter, the total number of minority and women-owned businesses in the Harrisburg standard metropolitan statistical area qualified to perform various City contracts.
B. 
Establish, within 90 days of the enactment of this chapter, minimum target goals within each department for bona fide minority or women-owned business participation to meet City goals as follows:[1]
Business Enterprise
Minority
Women
(1)
Public works construction. Including but not limited to construction or demolition work performed by contractor(s) on City streets, buildings, parks and federally funded construction and/or demolition projects, with equipment, materials, supplies and manpower provided by the contractor.
15%
2%
(2)
Equipment purchase and/or rental. Including but not limited to automobiles, trucks, road equipment, office equipment (e.g., photocopiers, computers and calculators) and building maintenance equipment, etc. (e.g., vacuum cleaners, polishers, etc.). "Equipment" shall be construed to mean City property containing movable parts or depreciable office equipment or furniture over $100.
5%
2%
(3)
Materials and supplies. Including but not limited to consumable office supplies, road materials, fuels, and materials for operating use of the City, such as uniforms, grass seed, trees, hand tools and office equipment under $100.
10%
5%
(4)
Services. Including but not limited to janitorial services, painting contracts, drapery cleaning, equipment or furniture repairs, and all physical services performed by other than City employees.
15%
5%
(5)
Professional services. Including but not limited to legal services, medical services, engineering and consulting services, etc.
15%
5%
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
C. 
Devise, within 90 days of the enactment of this chapter, appropriate policies, regulations and procedures for ensuring the participation of bona fide minority or women-owned businesses in various City contracts.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
D. 
Devise and implement appropriate procedures for monitoring and enforcing compliance with these goals, including a process by which minority and women-owned businesses are certified as bona fide minority and women-owned businesses.
E. 
Submit a written semiannual report to the Mayor and City Council indicating the progress made toward achieving the goals established above. Said report shall include but not be limited to a summary of departmental and City contracts let during the relevant periods, and the extent and percentage of minority or women participation, and recommendations as to appropriate future goals.

§ 2-901.4 Departmental compliance.

Each department director shall, by February 15 of each year, file a report with the Mayor listing goals and objectives of the respective department in terms of purchasing from minority and women-owned businesses for the calendar year.

§ 2-901.99 Penalty.

Any person who violates the provisions of this chapter shall be subject to the general code penalty, § 1-301.99 of these Codified Ordinances.