As used in this chapter, unless otherwise expressly stated or
clearly indicated by the context, the following terms shall have the
meanings indicated:
CONTRACT
Any type of written agreement, regardless of what it may
be called, for the procurement of supplies, services or construction.
CONTRACT MODIFICATION
Any written alteration of specifications, delivery point,
rate of delivery, period of performance, price, quantity or other
provisions of any contract accomplished by mutual action of the parties
to the contract.
CONTRACTOR
Any person or entity that has furnished or seeks to furnish
supplies, services or construction under contract with an agency or
with an individual or entity under contract with an agency.
CONTROLLED
As used in the definitions of "disadvantaged business enterprise,"
"minority business enterprise" and "woman business enterprise," means
having and exercising on a regular basis the power to make policy
decisions for the entity.
DEVELOPMENT AGREEMENT
Any redevelopment contract or any agreement involving financial participation or assistance as set forth in §
2-903.3 to which any of the cooperating parties is a party with a developer with respect to a project subject to this plan.
DEVELOPMENT PROJECT
A physical improvement project, sponsored by one of the cooperating parties, which involves assistance specified in §
2-903.3 above. Examples include but are not limited to office buildings, residential townhouses, storage facilities, and retailing centers. "Development project" does not include normal usual procurement activities conducted by one of the cooperating parties in the normal course of its operations. Examples of procurement not covered by this plan include but are not limited to the purchase of computer equipment for use solely by one of the cooperating parties, purchase of supplies, maintenance contracts, purchase of vehicles, street repaving and other conventional public works projects.
DISABLED INDIVIDUAL
A person who:
A.
Has a physical or mental impairment that substantially limits
one or more of the major life activities of such individual;
B.
Has a record of such impairment; or
C.
Has been or is being regarded as having such impairment.
DISADVANTAGED BUSINESS ENTERPRISE or DBE
A for-profit entity, at least 51% of which is owned, controlled,
and operated by one or more persons whose economic growth and development
have been restricted based on social and economic bias or is at least
51% owned, controlled and operated by one or more disabled individuals.
DISADVANTAGED INDIVIDUAL
Any person who is disabled as defined in "disabled individual"
herein or whose economic growth and development have been restricted
based upon social and economic bias.
MINORITY or MINORITIES
A member or members, of either sex, of the racial or ethnic
groups commonly recognized as African Americans, Hispanic Americans,
Native Americans, Puerto Ricans, Asian-Pacific Americans, or Asian-Indian
Americans, who are regarded as such by the community of which they
claim to be a part, and any other groups or persons required to be
included by a federal law or regulation applicable to a particular
project.
OPERATED
As used in the definitions of "disadvantaged business enterprise,"
"minority business enterprise" and "woman business enterprise," means
being actively involved in the day-to-day management of the entity.
OWNED
As used in the definitions of "disadvantaged business enterprise,"
"minority business enterprise" and "woman business enterprise," means
being entitled to profits and losses equal to the percentage of such
ownership interest.
PARTNERSHIP AGREEMENT
Any agreement between two or more competent persons to place
their money, effects, labor and/or skill in lawful commerce or business,
with the understanding that there shall be a proportional sharing
of the profits and losses between them. For the purposes of this plan,
"partnership agreement" shall include syndicates, pools, groups, joint
ventures, limited partnerships, tiered partnerships, and all forms
of corporations.
WOMAN BUSINESS ENTERPRISE or WBE
A for-profit entity at least 51% of which is owned, controlled,
and operated by one or more women of any racial or ethnic background.
Pursuant to the purposes of this plan, the consensus of the
community resulted in agreement on the establishment of the following
goals for participation by minorities, disadvantaged individuals and
women in projects subject to this plan:
A. The developer entity. At least 25% (of which up to 5% may be a nonminority
woman or women or disadvantaged individuals) of the interest in the
developer entity, whether a corporation or the general partners in
a joint venture, but not including the limited partners in a limited
partnership (hereinafter the "developer"), shall be owned by a minority
or minorities or a MBE or MBEs or DBE or DBEs or WBE or WBEs. The
Advisory Committee may recommend exceptions to the twenty-five-percent
minimum goal of this provision when it believes such exception is
in the best interests of the City and its residents or when the developer
has been unable to secure participation of minorities, disadvantaged
individuals or women, or in the instance of an exclusively family-held
developer entity whose principals are solely persons related by blood
or marriage. No exception shall be granted unless first requested
by the developer entity.
B. Equity participation. If the financing of a project includes investment
by limited partners or other investor equity, the developer or its
syndicator shall act as provided hereunder to offer opportunities
to minorities, women or individuals with a disability or disadvantaged
individuals for participation in at least 25% of such equity formation.
The Advisory Committee may recommend exceptions to the twenty-five-percent
minimum goal of this provision when it believes such exception is
in the best interests of the City and its residents or when the developer
entity has been unable to secure such equity participation of minority
investors.
C. Professional services. The developer shall, as provided hereunder,
contract with minorities or a MBE or MBEs for at least 15%, and with
disadvantaged individuals or a DBE or DBEs or women or a WBE or WBEs
for at least 5%, of the total dollar value of professional services
associated with the project. "Professional services" shall include
but not be limited to design, engineering, legal, accounting, consulting,
and insurance brokering services. The Advisory Committee may recommend
exceptions to the fifteen-percent and five-percent minimum goals of
this provision if it believes such exceptions are in the best interests
of the City and its residents.
D. Construction work force. The developer shall act with its general contractor or construction manager, as provided hereunder, so that, of the total construction jobs for the project, at least 25% will be filled by minorities and at least 5% by women or disadvantaged individuals. Notwithstanding the above, the twenty-five-percent goal may be reduced to 15% if the entire 15% consists of residents of the City of Harrisburg. The Advisory Committee may recommend exceptions to this Subsection
D based on opportunities being created for minorities, disadvantaged individuals or women in any apprenticeship program registered with the Pennsylvania Department of Labor and Industry.
E. Permanent jobs. The developer shall act as provided hereunder so
that of the permanent (i.e., nonconstruction) new jobs resulting from
the project and under the control of a project operator or manager
performing under a contract with the developer, initially and for
at least the first five years of the project's operation, at
least 50% of such new jobs will be filled by residents of the City,
1/2 of said 50% to be minorities.
F. Construction contracts. The developer shall act as provided for hereunder
so that, of the total applicable dollar value of construction contracts
for the projects, as defined hereunder, at least 25% will be awarded
to MBEs and at least 5% to WBEs or DBEs. Notwithstanding the above,
the twenty-five-percent goal may be reduced to 15% if the entire 15%
is comprised of businesses located within the corporate boundaries
of the City of Harrisburg.
This agreement may be amended or modified from time to time
upon agreement of all parties hereto; provided first, however, that
a public hearing is held and public notice is distributed to all interested
parties and the public hearing is advertised 30 days prior to any
effective date of such amendment or modification.
The intent of this agreement is to affirmatively address economic
opportunities for minorities, disadvantaged individuals and women.
Further, a specific goal of this agreement is to stimulate the startup
and expansion of minority, disadvantaged individuals and women-owned
business enterprises, particularly within the City. Nothing in this
agreement or its intent or goals shall grant to any person, business,
organization or entity the right or advantage to gain a monopoly over
minority or disadvantaged individuals or women-owned business activities
encouraged by this agreement. Further, nothing in this agreement should
be construed as encouraging or providing for any contracting or other
business activity involving minority or disadvantaged individuals
or women-owned businesses which would be anything less than cost and
quality competitive. Conversely, inherent in this agreement is the
expectation that developers and others whose projects are covered
by the provisions of this agreement shall meet both the letter and
the spirit of such affirmative action. In addition to the penalties
set forth in this agreement for intentional failure to comply, the
parties reserve the right to initiate appropriate investigation and
other actions, as provided under federal or other laws, when and if
it is determined that deliberate actions or omissions have occurred,
either related to a specific project covered by this agreement or
to identifiable general business practices, which have the intent
or effect of denying legitimate and equal opportunity for minority,
disadvantaged individuals and women-owned businesses to exist and
compete in the open business market.