CROSS REFERENCES
Discrimination — See 18 P.S. § 4653,
4654.
Housing and redevelopment assistance, discrimination — See
35 P.S. § 1664.
Pennsylvania Human Relations Act — See 43 P.S.
§ 951 et seq.
Human Relations Commission — See ADM. Art. 151.
[Ord. 63-1985 § 1, passed 10-23-1985]
As used in this article, certain terms are defined as follows:
(a)
DISCRIMINATE, DISCRIMINATES AND DISCRIMINATION — To distinguish,
differentiate, separate or segregate on the basis of race, religion,
color, sex, national origin or ancestry.
(b)
CONTRACTOR — Any person, partnership, corporation, association
or joint venture which has been awarded a public contract, and includes
every subcontractor on such a contract.
(c)
SUBCONTRACTOR — Any person, partnership, corporation, association
or joint venture which supplies any of the work, labor, supplies,
equipment, materials or any combination of the foregoing under a contract
with the contractor on a public contract.
(d)
PUBLIC CONTRACT — Any contract awarded by the City whereby
the City is committed to expend or does expend public funds in return
for work, labor, services, supplies, equipment, materials, or any
combination of the foregoing, or any lease, lease by way of concession
agreement, permit or permit agreement whereby the City leases, grants
or demises property of the City or otherwise grants a right or privileges
to occupy or use property of the City.
(e)
CONSTRUCTION CONTRACT — Any public contract for the construction,
rehabilitation, alteration, conversion, extension or repair of buildings,
streets or other improvements to real property.
(f)
MINORITY BUSINESS ENTERPRISE (MBE) — A business enterprise,
whether a sole proprietorship, partnership, corporation, association
or joint venture:
(1)
Wherein at least 51% of which is owned by minority group members
and no part of its ownership, operation and control is in the hands
of the respective prime contractor of the relevant City contract;
(2)
Wherein minority group members share in the risks and profits
of the enterprise to the extent of their individual holdings;
(3)
Wherein minority group members participation in the business
is active, as opposed to passive, and such participation is not dependent
on the consent of nonminority group members who may also have holdings
in the business enterprise; and
(4)
Wherein the business enterprise has experience in the area to
which it claims expertise.
(g)
FEMALE BUSINESS ENTERPRISE (FBE) —
(1)
A sole proprietorship where the sole proprietor is a female;
or
(2)
A business corporation where 51% of the interests in such corporation
are beneficially owned by females and females occupy the majority
of management and Board positions and control all decisions concerning
the corporation; or
(3)
A partnership where 51% of the partnership interests in such
partnership are owned by females and females occupy the majority of
management and partnership positions and control all decisions concerning
the entity; or
(4)
Any other business or professional entity where 51% of the interests
are owned by females and females occupy the majority of management
and Board positions and control all decisions concerning the entity.
(h)
MINORITY — Blacks, Hispanic-Americans, Asian-Americans, American
Indians and American Aleuts.
(i)
BIDDER — Any person, partnership, corporation, association
or joint venture seeking to be awarded a public contract and/or construction
contract.
(j)
CITY — The City of Erie, Pennsylvania.
(k)
PUBLIC FUNDS — Any moneys expended by the City from its own
general funds or from State or Federal sources.
[Ord. 63-1985 § 2, passed 10-23-1985]
This article shall apply to contracts, contractors and subcontractors
who perform City contracts in an amount of $10,000 or more.
[Ord. 63-1985 § 3, passed 10-23-1985]
In addition to his/her current duties the City's Contract
Compliance Officer shall have the authority and responsibility to:
(a)
Ascertain, within 90 days of the enactment of this article, the total
number of bona fide minority owned businesses in the Erie Metropolitan
Statistical area.
(b)
Establish within 90 days of the enactment of this article minimum
target goals within each department for bona fide owned business participation
to meet the City goals established below.
(c)
Devise within 90 days of the enactment of this article appropriate
policies, regulations and procedures for insuring the participation
of bona fide minority owned businesses in various City contracts.
(d)
Establish procedures for monitoring and enforcing compliance with
this article in cooperation with the Office of the City Solicitor.
(e)
Submit a written semiannual report to the Mayor and Council indicating
the progress made toward achieving the goals set out below. The 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 participation, and recommendations as to appropriate
future goals.
(f)
Make all determinations as to compliance with the Minority Business
Enterprise Program, and shall meet with such contracting parties for
such purposes.
[Ord. 63-1985 § 4, passed 10-23-1985]
(a)
All public contracts hereinafter entered into by the City shall incorporate
an Equal Employment Opportunity Clause, which shall read as follows:
During the performance of this contract, the contractor agrees
as follows:
(1)
The contractor shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex or
national origin. The contractor shall take affirmative action to insure
that applicants are employed and that employees are treated during
employment, without regard to their race, religion, color, sex or
national origin. As used herein, "treated" means and includes, without
limitation, the following: recruited, whether advertising or other
means; compensated, whether in the form of rates of pay, or other
forms of compensation; selected for training, including apprenticeship;
promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The contractor agrees to and shall post in conspicuous
places, available to employees and applicants for employment, notices
to be provided by the contracting officers setting forth the provisions
of this nondiscrimination clause.
(2)
The contractor shall in all solicitations or advertisements
for employees place by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment
without regard to race, religion, color, sex or national origin.
(3)
The contractor shall send to each labor union or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice advising the labor union
or worker's representative of the contractor's commitment
under the Equal Employment Opportunity Clause of the City and shall
post copies of the notice in conspicuous places available to employees
and applicants for employment.
(4)
The contractor shall furnish all information and reports required
by the Contract Compliance Officer and shall permit access to his
books, records and accounts by the contracting agency and by the Contract
Compliance Officer for purposes of investigation to ascertain compliance
with the program.
(5)
The contractor shall take such action with respect to any subcontractor
as the City may direct as a means of enforcing the provisions of Subsections
(a)(1) to (8) hereof, including penalties and sanctions for noncompliance,
provided, however, that in the event the contractor becomes involved
in or is threatened with litigation as the result of such direction
by the City, the City shall enter into such litigation as is necessary
to protect the interests of the City to effectuate the City's
Equal Employment Opportunity Program and in the case of contracts
receiving Federal assistance, the contractor or the City may request
the United States to enter into such litigation to protect the interests
of the United States.
(6)
The contractor shall file and shall cause his subcontractors,
if any, to file compliance reports with the City in the form and to
the extent prescribed by the Contract Compliance Officer of the City.
Compliance reports filed at such times as directed shall contain information
as to the employment practices, policies, programs and statistics
of the contractor and his subcontractors.
(7)
The contractor shall include the provisions of Subsections (a)(1)
through (8) of this Equal Employment Opportunity Clause in every subcontract
or purchase order so that such provisions will be binding upon each
subcontractor or vendor.
(8)
Refusal by the contractor or subcontractor to comply with any
portion of this program as herein stated and described will subject
the offending party to any and all of the following penalties:
A.
Withholding of all future payments under the involved public
contract to the contractor in violation until it is determined that
the contractor or subcontractor is in compliance with the provisions
of the contract;
B.
Refusal of all future bids for any public contract with the
City or any of its departments or divisions until such time as the
contractor or subcontractor demonstrates that he has established and
shall carry out the policies of the program as herein outlined;
C.
Cancellation of the public contract and declaration of forfeiture
of the performance bond;
D.
In cases in which there is substantial or material violation
or the threat of substantial or material violation of the compliance
procedure or as may be provided for by contract, appropriate proceedings
may be brought to enforce those provisions, including the enjoining,
within applicable law, of contractors, subcontractors or other organizations,
individuals or groups who prevent directly, indirectly or seek to
prevent directly or indirectly, compliance with the policy, as herein
outlined.
(9)
The above outlined procedures shall not apply to any contract
already in existence or let out for bid prior to the enactment of
this article.
[Ord. 63-1985 § 5, passed 10-23-1985; Ord. 34-2006, passed 7-19-2006]
(a)
All notices to prospective bidders published on behalf of the City
shall include as a part of the contract specifications the condition
that all bidders will be required to comply with Erie Minority Female
Business Enterprise Compliance Program regarding equal employment
opportunity.
(b)
All reports required herein shall be submitted in duplicate to the
department, division or other agency letting the contract.
(c)
Each bidder shall file as part of bid documents, contract employment
reports with the City contracting agency or as may be directed by
the Contract Compliance Officer. Such contract employment reports
shall include such information as to the employment practices, policies,
programs, and statistics of the contractor, and shall be in such form
as the Minority Business Enterprise Compliance Officer may prescribe.
Subcontractors shall also submit such contract employment reports
to the City before approval by the City as subcontractor.
(d)
All contracts covered by this article shall be executed by the Contract
Compliance Officer regarding "Minority Participation/Goal Compliance"
prior to appearing on the City Council agenda.
[Ord. 63-1985 § 6, passed 10-23-1985]
(a)
Following receipt and review of the employment information submitted
by the bidders, and prior to award of a contract, the apparent successful
bidder and his known major subcontractor shall be required to attend
a pre-award conference if called by the Contract Compliance Officer,
at which time such bidder and major subcontractors shall submit affirmative
action programs to promote equal opportunity in employment.
(b)
The Minority Contract Compliance Officer shall determine whether
or not the apparent bidder has complied with this article and shall
submit his determination and recommendation thereon to the Mayor or
the Director of the department involved.
[Ord. 63-1985 § 7, passed 10-23-1985]
The following goals for minority and female owned business participation
shall serve as initial goals for the City to pursue during the first
full fiscal year. These goals shall not be construed as absolute upper
limits on the amount of City contracts such entities are able to participate
in. These goals shall be applicable to all types of City contracts.
The goals shall be as follows:
|
Dollar Amount
|
MBE Goal
(percent)
|
FBE Goal
(percent)
|
|---|---|---|
|
10,000 to 20,000
|
5
|
1
|
|
20,000 to 25,000
|
10
|
3
|
|
25,000 and up
|
15
|
5 7508967696
|
[Ord. 63-1985 § 8, passed 10-23-1985]
If any section, subsection, clause, sentence or phrase of this
article is found to be unlawful by reason of other superior laws of
the United States or the Commonwealth of Pennsylvania, such a determination
shall not affect the validity of the remaining portions of this article.
The applicable law in determining the parties rights and liabilities
under this article are the laws of the Commonwealth of Pennsylvania.
