[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 7-1983. Amendments noted where applicable.]
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.
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" 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.
- African Americans, Hispanic Americans, Asian Americans, Native Americans, American Aleuts, and other minorities as recognized by federal regulations.
This chapter shall apply to all contracts and contracting agencies of the City and to contractors and subcontractors who perform City contracts.
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:
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.
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.
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.
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.
Any person who violates the provisions of this chapter shall be subject to the general code penalty, § 1-301.99 of these Codified Ordinances.