[Ord. No. 2-2017, § 1, eff. 1-23-2017;[1] Ord. No. 24-2018, § 3, eff. 7-19-2018]
(a) 
Every contract relating to City affairs shall be authorized by ordinance or resolution of City Council and shall be awarded as required by applicable law and authorized regulations. Except in the case of contracts for the purchase of general material, supplies and equipment, or for general maintenances and services or for open-end professional services contracts, such ordinance or resolution shall designate the maximum amount authorized for such contract, and the account from which payment shall be made.
(b) 
The City may enter into one (1) or more intergovernmental cooperation agreements with Allegheny County regarding joint purchasing on the City's behalf. Such intergovernmental cooperation agreement and any amendments shall be presented to City Council for its approval on an annual basis.
(c) 
The Director of the Office of Management and Budget may also enter into additional joint-purchasing agreements or participate in other joint purchasing associations (e.g., COGS) on behalf of the City, subject to annual authorization of Council, and requirements of applicable law.
[1]
Editor's Note: This ordinance replaced former § 161.01, which pertained to adoption of county procedure; review by City Council and derived from Ord. 21-2004, eff. 12-2-2004; and Ord. No. 16-2014, eff. 8-15-2014.
[Ord. No. 2-2017, § 2, eff. 1-23-2017; Ord. No. 24-2018, § 4, eff. 7-19-2018; Ord. No. 6-2020, § 2, eff. 3-13-2020; Ord. No. 10-2020, §§ 1, 2, eff. 3-31-2020; Ord. No. 22-2021, § 1, eff. 7-29-2021]
(a) 
The following definitions are applicable to this Chapter unless otherwise specifically defined in other sections:
(1) 
COMMODITIES
Materials, supplies, goods, equipment, and/or personal property, including pre-packaged or "canned" computer software and intellectual property rights/licenses in relation thereto and combinations of any of the items included in this definition.
(2) 
CONSTRUCTION CONTRACTS
Those contracts referred to in Section 161.24 of this Chapter that are used by the Department of Public Works, Bureau of Transportation and Engineering for construction projects, including those for construction, alteration, or repair of City buildings or structures.
(3) 
COUNCILMANIC AMOUNT
The Councilmanic amount is the monetary amount that triggers a requirement for a written contract pursuant to Section 161.09 of this Chapter. For purposes of this Chapter, the Councilmanic amount is five thousand dollars ($5,000.00).
(4) 
PROFESSIONAL SERVICES CONTRACTS
Those contracts defined in Section 161.02(a)(4) of this Chapter. This category includes contracts for the professional services of engineers and architects as further referred to in Section 161.24 of this Chapter.
(5) 
NON-PROFESSIONAL SERVICES
Contracts for services other than professional services contracts as defined in Section 161.02A(a)(4) of this Chapter, and which are subject to competitive bidding.
(b) 
The Mayor, or his/her designee, are authorized to purchase all commodities and enter into contracts for the furnishing of non-professional services subject to the following requirements:
(1) 
All purchases of commodities and non-professional services must be approved by the Director of the Office of Management and Budget or designee, subject to the provisions of Section 161.02, requiring award to the lowest responsible bidder as defined in Part (b) of that Section, or an exception to the competitive bidding requirement, enumerated in Part (a) of that Section.
(2) 
All contracts and/or expenditures described in this Section with an estimated value at or below the councilmanic amount may be paid by the City Controller after the corresponding invoices and/or contracts have been placed on a supplemental agenda and approved by City Council resolution. A standard form detailing the use must accompany the request for it to be considered for approval.
(3) 
Departments seeking to enter into commodity or non-professional service contracts with an estimated value of over five thousand dollars ($5,000.00) shall be deemed to have received pre-authorization to solicit bids via Council's adoption of the relevant annual operating and/or capital budget.
a. 
To the extent that any such commodity or non-professional services contracts are administered by the Office of Management and Budget and a consultant or vendor is selected pursuant to the competitive bidding procedures and requirements set forth in applicable law, the resulting contract may be paid by the City Controller after the corresponding invoices and/or contracts have been placed on a supplemental agenda and approved by City Council resolution. A standard form detailing the use must accompany the request for it to be considered for approval.
b. 
To the extent that any such commodity or non-professional services contracts are administered by the Office of Management and Budget pursuant to a joint-purchasing agreement or through a joint-purchasing association as contemplated in Section 161.01(c), City Council shall receive an annual list of current contracts available for use (including expiration dates) by the City during the upcoming year from the Office of the Controller by no later than September 30.
c. 
To the extent that any such commodity or services contracts are administered by Allegheny County pursuant to a joint-purchasing agreement as contemplated in Section 161.01(b), City Council shall receive an annual list of current contracts available [for] use by the City during the upcoming year from the Director of the Office of Management and Budget by no later than September 30.
(4) 
Per Council's inclusion of a specified construction project in the relevant annual adopted capital or operating budget, the Director of the Department of Public Works shall have Council pre-authorization to bid for a contractor for a construction contract pursuant to the competitive bidding procedures and requirements set forth in applicable law. Upon selection of a contractor, the Director of the Department of Public Works must thereafter present an authorizing resolution to City Council for final approval to enter into a construction contract with said contractor. Such authorizing resolution must include a "not to exceed" compensation amount, financial system account information, and name of the proposed awardee(s).
(5) 
For those non-professional services subject to a competitive bidding exception under [Section] 161.02(B)(15), an annual resolution may be presented to City Council to authorize multiple contracts with a stated not-to-exceed amount for each and specifying the account(s) from which payments may be made.
[Ord. 35-1990, eff. 12-28-1990; Am. Ord. 32-1997, eff. 10-16-1997; Am. Ord. 18-1998, eff. 7-27-1998; Ord. 21-2004, § 5, eff. 12-2-2004; Ord. No. 10-2009, § 1, eff. 5-15-2009; Ord. No. 21-2019, § 1, eff. 7-11-2019; Ord. No. 6-2020, § 3, eff. 3-13-2020]
(a) 
All contracts shall be awarded to the lowest responsible bidder pursuant to competitive bidding except:
(1) 
Contracts let in cases of emergency as set forth in Section 161.28 below;
(2) 
Those made for improvements, repairs and maintenance of any kind made or provided by the City through its own employees; provided, that this exception shall not apply to construction materials used in a street and bridge improvement;
(3) 
Those products or non-professional services subject to an exemption outlined in Section 161.02B;
(4) 
Those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission;
(5) 
Those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the United States Government, any agency of the Commonwealth or the United States Government, or any authority, including the sale, leasing or loan of supplies or materials by the Commonwealth or the United States Government or their agencies, but the price thereof shall not be in excess of that fixed by the Commonwealth, the United States Government, or their agencies;
(6) 
Those involving client services provided by not-for-profit agencies;
(7) 
Purchases through intergovernmental or cooperative purchasing plans, established pursuant to applicable law;
(8) 
Those for personal or professional services agreements, the award of which is governed by Section 161.02A herein.
(b) 
The term "lowest responsible bidder" means the bidder submitting the lowest bid who has:
(1) 
The ability to perform the contract in accordance with the City's specifications in a timely and workmanlike manner;
(2) 
Demonstrated a commitment to the ideal of equal opportunity for all citizens in its own employment practices as well as its use of vendors and subcontractors; and
(3) 
No history of fraudulent or irresponsible behavior in previous dealings with the city.
(4) 
Not obtained any goods or products offered for sale, lease, rental or consignment to the City which were made under sweatshop conditions, as defined in § 161.02(e) of this Chapter.
(c) 
The term "highest responsible bidder" means the bidder submitting the highest bid who has:
(1) 
The ability to perform the contract in accordance with the City's specifications in a timely and workmanlike manner;
(2) 
Demonstrated a commitment to the ideal of equal opportunity for all citizens in its own employment practices as well as its use of vendors and subcontractors; and
(3) 
No history of fraudulent or irresponsible behavior in previous dealings with the city.
(d) 
The City in all contracts requiring competitive bidding shall have the right to reject any and all bids whether expressly so stated in the bid specifications or not.
(e) 
Goods and products are not made in sweatshop conditions if all of the following conditions apply in the manufacturing facility in which the goods are made:
(1) 
Wages and Benefits. The manufacturer or employer must pay wages which enable its workers to meet their basic needs for food, shelter, clothing and medical care. The manufacturer or employer also must provide all benefits required by law in their country and must compensate workers for overtime.
(2) 
Hours of Work. Workers must not be required to work more than forty-eight (48) hours per week, or less if the law of the country in which the manufacturer or employer is located sets a shorter work week.
(3) 
Worker's Rights. Workers must have the right to speak up about and/or protest conditions in the factories they work in without fear of retaliation and must have the right to form and join unions of their own choosing without fear of retaliation.
(4) 
Health and Safety. The manufacturer or employer provides a safe and healthy working environment.
(5) 
Treatment of Workers. No worker may be subjected to physical, sexual or verbal harassment. No worker may be discriminated against in employment in any way on the basis of sex, race, religion, age, disability, sexual orientation, national origin, political opinion or social or ethnic origin.
(6) 
Child Labor. The manufacturer or employer must not employ anybody younger than the legal age for children to work in the country in which the factory is located, and, regardless of the legal age, must not employ anybody younger than the age of fifteen (15).
(7) 
Forced Labor. The manufacturer or employer does not use forced labor of any kind, i.e., prison labor, indentured labor, or bonded labor.
(f) 
In the case of tie bids from lowest bidder:
(1) 
If the goods or services for which there is a tie bid constitute one (1) line item in a solicitation including multiple items, award may be made (at the discretion of the Office of Management and Budget) to the bidder awarded the remaining line items, in the interest of consistency and efficiency.
(2) 
If the goods or services to be purchased are subject to the conditions of Federal or State grant requirements, the applicable provisions of said grant will determine the method of award.
(3) 
If the conditions of neither (1) nor (2) above apply, and if price and all other evaluation criteria are determined to be equal among one (1) or more firms submitting bids, award shall be determined by the following priority:
A. 
If only one (1) of the tie bidders is a vendor located within the limits of Pittsburgh, Pennsylvania, that bidder will be awarded the bid.
B. 
If only one (1) of the tie bidders is a vendor located within the limits of Allegheny County, Pennsylvania, that bidder will be awarded the bid.
C. 
If only one (1) of the tie bidders is an in-state (Pennsylvania business) vendor, that bidder will be awarded the bid.
D. 
If the award cannot be determined by grant provisions, local, county or in-state priority, award will be made to the tie bidder who has received contracts with the City of a smaller total dollar value over the course of the year previous to award.
(g) 
Bid protests of contracts awarded under Section 161.02 or Section 161.02A for the purchase of commodities or services in excess of fifty thousand dollars ($50,000.00) shall be submitted and responded to in accordance with the following requirements:
(1) 
General Requirements.
A. 
All protests shall be in writing, dated, and state in detail each and every ground asserted for the protest. Each protest must cite the law, rule, local ordinance, procedure or bid provision on which the protest is based.
B. 
Failure to file a protest within seven (7) working days shall waive all rights to protest.
C. 
Protests shall be made to the Director of the Office of Management and Budget. The Office of Management and Budget shall notify the protester in writing of the decision regarding the protest.
D. 
A person or entity filing a protest must render along with their written protest payment, a bid protest fee in the form of a certified check, cashier's check, attorney's trust account check or money order made payable to the City of Pittsburgh in the amount of two hundred fifty dollars ($250.00). Failure to render timely payment of the bid protest fee shall result in the protest being rejected and of no force and effect. In the event the protesting party ultimately prevails in the protest proceeding before the City, the bid protest fee will be returned to such party.
(2) 
Protest of Bid Requirements. Protests based on the bid specifications or requirements must be received by the Director of the Office of Management and Budget no less than seven (7) working days prior to the deadline for submission of bids. Bidders who fail to protest by the deadline shall waive all rights to protest the bid based on specifications or requirements.
(3) 
Protest of Non-Responsive and Non-Responsible Bidders.
A. 
If the Director of the Office of Management and Budget determines that the apparent lowest bidder is either nonresponsive or non-responsible, the Office of Management and Budget shall reject the bid. The Office of Management and Budget shall notify the bidder in writing that the bid has been rejected, and state the basis for the rejection.
B. 
The bidder may protest the Director's decision. The protest must be in writing and received by the Office of Management and Budget within seven (7) working days of the issuance of the notice of non-responsiveness and/or non-responsibility.
C. 
If a bid and a subsequent protest are rejected for non-responsibility, the Office of Management and Budget must inform the bidder that it shall have an opportunity for a hearing on the issue of non-responsibility if requested. There is no appeal on the denial of a protest based on a non-responsive bid.
(4) 
Protest of Award. A bidder may protest the City's award of a contract to an apparent lowest responsive and responsible bidder. The protest must be in writing and received by the Office of Management and Budget within seven (7) working days of issuance of a notice of intent to award the contract. The Director of the Office of Management and Budget will review the protest and respond in a timely manner.
(5) 
Finality of Decision. A decision under this Section shall be final and conclusive, unless any person adversely affected by the decision commences an action in court in accordance with state and federal law.
(6) 
Policy. The Office of Management and Budget shall maintain a policy further delineating the process described above, if deemed appropriate.
[Ord. No. 10-2009, § 1, eff. 5-15-2009; Ord. No. 8-2017, § 1, eff. 2-21-2017; Ord. No. 24-2018, § 1, eff. 7-19-2018; Ord. No. 6-2020, § 4, eff. 3-13-2020; Ord. No. 10-2020, §§ 2, 4, eff. 3-31-2020; Ord. No. 30-2023, § 1, eff. 11-8-2023]
(a) 
Definitions. The following definitions are applicable to this Section 161.02A:
(1) 
COMPETITIVE PROCESS
Method of competitively selecting contractors/consultants based on qualifications and negotiations rather than a sole competitive price bid.
(2) 
CONTRACT MODIFICATION
Any written alteration in the scope of work, compensation, period of performance, or any other provision of any professional services contract that is agreed to by both parties in a written contract amendment.
(3) 
OPEN-END PROFESSIONAL SERVICES CONTRACT
A professional services contract under which the City engages a consultant on an as-needed basis without a pre-determined quantity of services required or guarantee of work.
(4) 
PROFESSIONAL SERVICES CONTRACT
A contract involving services provided by consultants or professionals including but not limited to members of the medical or legal profession, registered architects, appraisers, auditors, engineers, certified public accountants or other professional services, including provision of such services by non-profit entities, that involve quality as the paramount concern and require a recognized professional and special expertise. For purposes of this Section, this term shall also encompass "personal service contracts."
(5) 
REQUEST FOR PROPOSALS (RFP)
An announcement by the City of a willingness to consider proposals for the performance of a specified project or program. The RFP should contain all relevant criteria the City will consider when evaluating proposals for award.
(6) 
INVITATION TO QUALIFY (ITQ)
An announcement by the City seeking qualifications of potential consultants, contractors, and/or vendors to perform a particular scope of work/service for the City.
(b) 
Competitive Process Required. No professional services contracts will be awarded by the City of Pittsburgh without undertaking an RFP or other applicable competitive process as set forth in this Section, unless falling within an exemption category set forth in subsection (c) herein. The Director of the Office of Management and Budget shall issue regulations regarding, inter alia, the applicability of this Section to contract modifications and amendments as well as to the use of pre-qualified contractors.
(c) 
Exemptions. All professional services contracts falling under a category eligible for waiver under Section 161.02B are exempt from the requirement of a competitive process for selection contingent upon obtaining a written waiver issued by the Director of the Office of Management and Budget or their designee, confirming that this exemption duly applies based on inclusion in one (1) of the categories explicitly delineated in Section 161.02B.
(d) 
Applicable Competitive Selection Process. Other than as set forth in subsection (e) for open-end professional service contracts or as set forth in Section 161.02B, if applicable, the competitive process required for a Professional Services Contract shall be based on the proposed budget and/or "not to exceed" total amount of the contract compensation for the entire anticipated contract term. Where the estimated compensation amount of the professional service contract is five thousand dollars ($5,000.00) or more, a formal solicitation must be issued. Public advertisement is required on the internet.
(e) 
Competitive Process for Open-End Professional Services Contracts. In order to enter into an open- end professional services contract, a separate competitive process will be administered subject to regulations promulgated by the Director of the Office of Management and Budget. This competitive process must conform to the following parameters:
(1) 
Consultants will be selected for the opportunity to enter into an open-end professional services contract via a qualifications-based selection process.
(2) 
For open-end professional services contracts where individual work orders are estimated to cost less than or equal to one hundred thousand dollars ($100,000.00):
a. 
The contract must be limited to a value of no more than seven hundred fifty thousand dollars ($750,000.00) annually per consultant;
b. 
The contract will be limited to a term of no more than three (3) years with no extensions;
c. 
If specific professional services are thereafter assigned to a consultant under contract, individual work orders will subsequently be executed as addenda to the contract during its term.
(3) 
For open-end professional services contracts where individual work orders are estimated to cost less than or equal to five hundred thousand dollars ($500,000):
a. 
The contract must be limited to a cost of no more than one million five hundred thousand ($1,500,000) annually per consultant;
b. 
The contract must be limited to a term of no more than three (3) years with no extensions;
c. 
If specific professional services, available under the contract, are thereafter needed by the Department, it will issue a solicitation to a minimum of three (3) of the consultants with which the City has an open-end professional services agreement to provide the required services. The individual work orders issued to the consultant selected by solicitation will subsequently be executed as addenda to the contract during its term.
(4) 
Use of open-end professional services contracts is not permitted where individual work orders are estimated to cost greater than five hundred thousand dollars ($500,000).
(f) 
Reporting of Open-End Professional Services Contracts. Beginning in the year following adoption of this ordinance the Office of Management and Budget shall provide to Council quarterly reporting for all open-end professional services contracts. Quarterly reports shall include the following:
(1) 
Financial System Designation Identifier.
(2) 
Name of the vendor.
(3) 
Contract number and years remaining under the current term.
(4) 
Number of work orders to each vendor including the amount of each work order.
(5) 
A description of the deliverable.
(g) 
Per Council's inclusion of a desired professional service in the relevant annual adopted operating or capital budget, department directors and/or the Mayor shall have Council pre-authorization to seek request for proposals ("RFPs") or other formal solicitation type as applicable per this Section 161.02A, for professional services contracts estimated to be valued over five thousand dollars ($5,000.00). Upon selection of a consultant pursuant to the applicable competitive selection process set forth in this Section 161.02A, the applicable department director and/or the Mayor must thereafter present an authorizing resolution to City Council for final approval to enter into a Professional Services Contracts estimated with said consultant. Such authorizing resolution shall include a "not-to-exceed" compensation amount, financial system account information, and the name of the proposed awardee(s). For open-end Professional Services Contracts, financial system account information will not be required in the authorizing resolution but will be included in addenda to the open-end Professional Services Contracts.
[Ord. No. 6-2020, § 5, eff. 3-13-2020; Ord. No. 22-2021, § 1, eff. 7-29-2021; Ord. No. 30-2023, § 2, 11-8-2023]
(a) 
The following contracts are exempt from the requirement of a competitive process for selection, contingent upon obtaining a written waiver determined by the Director of the Office of Management and Budget and verified by the City Solicitor, confirming that a recognized exemption applies to the contract because it falls within one (1) or more of the following categories:
(1) 
Emergency Contract, defined as: A contract required where there exists unforeseen circumstances beyond the City's control that either: (a) present a real and identifiable threat to the proper performance of essential functions or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.
(2) 
Sole Source Contracts, defined as: Contracts involving services documented to fall within one (1) of three (3) categories: (i) where competition is precluded due to existence of patent rights, copyrights, or related proprietary claim; (ii) where supplier is the only identifiable source of the product or service; or (iii) where distributor or service provider has exclusive franchise or operating agreement with supplier or manufacturer of goods otherwise determined to be sole source.
(3) 
Single Source Contracts, defined as: Contracts involving services documented to fall within one (1) of the three (3) categories: (i) available from only one (1) source (in which case accompanying waiver request must clearly define the scope in which it is unique); (ii) for which only one (1) prospective contractor is willing to enter into a contract with the City; or (iii) where an item required for the service has design and/or performance features that are essential to the department, including due to compatibility with services or goods currently in use, and no other source satisfies the City's requirements.
(4) 
Contracts requiring compliance with terms and conditions of a court order, grant, collective bargaining agreement or governmental order. Notwithstanding any contrary City policy or the Code of Ordinances, an exemption under this subsection shall require the written approval of the City Solicitor.
(5) 
Contracts for expert witnesses, consultants, or counsel associated with anticipated, pending, or potential litigation, including cases in which confidentiality could be compromised by public solicitation. Notwithstanding any contrary City policy or the Code of Ordinances, an exemption under this subsection shall require the written approval of the City Solicitor.
(6) 
Intergovernmental agreements.
(7) 
Contracts for supplies, equipment, or materials at auctions and surplus sales conducted by the government of the United States or any agency thereof, any agency of the Commonwealth of Pennsylvania, any municipality or other government agency, or any private party, if the items can be obtained at a competitive price, if determined in advance and in writing that the procurement by auction or surplus sale is in the best interests of the City.
(8) 
Contracts for subscriptions to periodicals, databases, legal research services, or legal publications.
(9) 
Services of visiting speakers or performing artists.
(10) 
Contracts for which a continuation of services is desired by the using department in order to maintain the essential functions of the City as determined in writing by the Office of Management and Budget, including but not limited to contracts for maintenance of existing software or equipment.
(11) 
Legally required advertisements and postage.
(12) 
Dues and memberships in trade or professional organizations.
(13) 
Abstracts of titles for real property and title insurance.
(14) 
Statutorily-dictated procurement.
(15) 
Non-professional service agreements with performers, instructors, artists, referees, and persons with specialized skills in connection with recreational, instructional, and special events services needed by the Department of Parks and Recreation and/or the Department of Public Safety, Office of Special Events that are valued at ten thousand dollars ($10,000.00) or less per agreement.
(b) 
The Office of Management and Budget shall maintain a policy further defining the categories listed above and the process by which waivers are to be requested, and a copy of this policy is to be provided to the City Controller, and Council via the City Clerk.
[Ord. 11-1986, eff. 6-18-1986; Ord. 21-2004, § 5, eff. 12-2-2004; Ord. No. 8-2017, § 1, eff. 2-21-2017]
Contracts which are subject to competitive bidding and which involve an amount in excess of thirty thousand dollars ($30,000.00) shall be awarded only after proposals therefor have been invited by advertisement on the City's Procurement website.
[Ord. 21-2004, § 5, eff. 12-2-2004]
(a) 
All contracts for the purchase or rental of materials, supplies, furnishings, equipment, or other personal property and non-professional services where the amount thereof is thirty thousand dollars ($30,000.00) or less, may be awarded without advertising for bids. In such cases where the estimated cost is between ten thousand dollars ($10,000.00) and thirty thousand dollars ($30,000.00), the Purchasing Officer will solicit quotations from at least three (3) vendors.
(b) 
The Purchasing Officer may use discretion to negotiate with proposed suppliers in order to get the lowest quotations for the goods and services to be purchased or rented.
(c) 
In accordance with the policies, practices, and procedures set forth in applicable rules and regulations, the Purchasing Officer shall keep a record of all quotations received, setting forth the dates thereof, the persons who submitted the quotations, and the awards made thereon.
[Ord. 7-1990, eff. 5-23-1990; Am. Ord. 32-1997, eff. 10-16-1997; Ord. 21-2004, § 5, eff. 12-2-2004; Ord. No. 1-2010, § 1, eff. 2-18-2010]
(a) 
Every contract shall comply with County of Allegheny and Commonwealth of Pennsylvania laws, ordinances, and regulations pertaining to the Pennsylvania Prevailing Wage Act of August 15, 1961; P.L. 987, No. 442, as amended August 9, 1963, P.L. 653, No. 342, 43 P.S. § 165-1 et seq. (West 1992 & Supp. 2004), and with the City of Pittsburgh Service Worker Prevailing Wage Ordinance, Title 1, Article VII, Section 161.38.
(b) 
The specifications for every contract relating to the purchase, lease, rental or consignment of any goods or products shall contain a provision stating that the contractor certifies that none of their goods or products were made under sweatshop conditions as defined in § 161.02(e).
[Ord. 21-2004, § 5, eff. 12-2-2004; Ord. No. 8-2017, § 1, eff. 2-21-2017]
All bids shall be filed in a secure, sealed electronic format with the Office of Management and Budget and opened publicly by the Director of the Office of Management and Budget or designee, and witnessed by the City Controller or his or her designee unless otherwise provided in the contract authorization ordinance or resolution, at the time and place designated in the notice to bidders. Bids shall be announced to the persons present.
[Ord. 3-1981, eff. 1-22-1981; Ord. 21-2004, § 5, eff. 12-2-2004]
When the entire cost of any contract for the erection, construction and alteration of any public building is in excess of two thousand five hundred dollars ($2,500.00), separate specifications shall be prepared for the plumbing, heating, ventilating and electrical work; and separate bids shall be received upon each such branch of the work. The contract for each branch shall be awarded to the lowest responsible bidder for each branch.
[Ord. 26-1980, eff. 12-17-1980; Ord. No. 24-2006, § 1(6), eff. 12-4-2006]
Contracts for general supplies, materials and equipment shall be awarded item by item to the lowest responsible bidder unless otherwise provided for in the specifications. The specifications may provide that such contracts may be awarded item by item or on the basis of the total bid price, as the Director of the Department of Finance shall determine to be in the best interests of the city.
[Ord. No. 24-2006, § 1(6), eff. 12-4-2006; Ord. No. 2-2017, § 3, eff. 1-23-2017]
Contracts for professional services involving an amount in excess of the councilmanic amount shall be in writing and shall be executed in the name of the City by the director of the appropriate department and by the Director of the Office of Management and Budget Contracts for non-professional services and/or goods involving an amount in excess of the councilmanic amount shall be in writing and shall be executed in the name of the City by the Director of the Office of Management and Budget. All contracts shall be approved as to form by the City Solicitor and shall contain a certified copy of the authorizing ordinance or resolution or a reference to the number and approval date thereof. All contracts shall be countersigned by the City Controller who shall designate thereon the account to which each contract is charged, and shall number the contract in the order of its date. No contract shall be payable from any other account than that designated thereon, nor shall any contract become effective until the countersignature and account designation have been accomplished.
[Ord. No. 2-2013, § 1, eff. 1-30-2013]
(a) 
Subject to the applicable provisions of this chapter, the Director of Finance is hereby authorized to enter into MBRO Agreements as defined in the City's MBRO Policy not to exceed three (3) years with up to two (2) optional one-year extensions where the MBRO opportunity is anticipated to generate less than one hundred thousand dollars ($100,000.00) in annual revenue or in-kind goods and services for the City. For this category of MBRO Agreements, the Director of Finance will provide a list of current agreements to Council on a quarterly basis.
(b) 
Where such MBRO Agreements are anticipated to generate more than one hundred thousand dollars ($100,000.00) in annual revenue or in-kind good and services for the City or where naming rights for City buildings are proposed, prior approval of Council is required before the Director of Finance may enter into such MBRO Agreement(s).
[Ord. 21-2004, § 5, eff. 12-2-2004; Ord. No. 8-2017, § 1, eff. 2-21-2017]
Copies of all City contracts shall be filed with the City Controller, the Office of Management and Budget, the Mayor or his/her designee, and/or the City Solicitor.
[Ord. 7-1992, eff. 3-27-1992; Ord. 21-2004, § 5, eff. 12-2-2004]
(a) 
Bid Bond. The Purchasing Officer may require, after consultation with supervisory personnel, that bids be accompanied by a cashier's check or money order, in an amount not exceeding five (5) percent of the bid, by a bond with corporate surety in an amount not exceeding five (5) percent of the amount bid, or by an irrevocable letter of credit in such form as previously approved by the County issued by a bank or other financial institution duly recognized and authorized to do business in the Commonwealth of Pennsylvania.
(b) 
Performance Bond. The successful bidder may be required to furnish a bond with suitable reasonable requirements guaranteeing performance of the contract, with sufficient surety in the amount of one hundred (100) percent of the amount of the contract, within thirty (30) days after the contract has been awarded, unless the Purchasing Officer shall prescribe a shorter period or unless the Purchasing Officer shall waive the bond requirement in the bid specification. Upon failure to furnish any required bond within such time, the previous award shall be void and the contract may be awarded to the next lowest responsible bidder meeting the specifications.
[Ord. No. 5-2010, § 2, eff. 3-5-2010; Ord. No. 2-2018, § 1, eff. 2-15-2018]
(a) 
The Department of Mobility and Infrastructure shall specially designate those projects for which the City will be receiving funds from or through the Commonwealth of Pennsylvania, Department of Transportation ("PENNDOT") for applicable infrastructure projects required to be bid and managed through PENNDOT's Engineering and Construction Management System ("ECMS.") Contracts for projects included in this category shall be deemed "ECMS-designated contracts."
(b) 
All ECMS-designated contract awards shall be subject to the City's Home Rule Charter and City Code, including those requirements set forth in this Chapter 161, with the exception of the following provisions, which shall take precedence over any inconsistent provisions of this Chapter 161:
1. 
Advertising shall be undertaken in accordance with the requirements of the City's Home Rule Charter, this Chapter, and ECMS procedures. The advertised bid announcement shall include notice of the time and place of the bid opening.
2. 
Bidder prequalification and other required pre-bid procedures shall be subject to all EMCS rules and regulations, which shall be available for inspection on the EMCS website and, upon request with reasonable advance notice, at the Department of Mobility and Infrastructure.
3. 
For purposes of this Section only, PENNDOT, through its Contract Award Unit, shall be authorized to receive, open, and pre-award bids on the City's behalf.
4. 
All competitive bids shall be filed electronically via the ECMS website. For purposes of this Section only, the filing of sealed bids through the ECMS website shall be deemed to constitute sealed filing at the Controller's Office.
5. 
PENNDOT shall open bids online in real time pursuant to the ECMS system and according to the schedule set forth in the advertised bid announcement. The City Controller or his/her designee and a representative from the Finance Department shall monitor all online bid openings at the Controller's Office at the date/time set forth in the advertised bid announcement. Interested parties may also be present during the opening and bids shall be announced to those present.
6. 
PENNDOT shall award the subject ECMS-designated contract to the lowest responsible bidder on the City's behalf only after receipt of a "Concurrence to Award" final approval from the City.
7. 
Each ECMS-designated contract shall be executed electronically by EMCS-authorized representatives of the Department of Mobility and Infrastructure and the Law Department after final receipt of a signature authorization page signed internally by the Director of Mobility and Infrastructure, the Director of Finance, approved as to form by the City Solicitor, and countersigned by the City Controller. That signature authorization page shall be attached to each EMCS-designated contract whenever that EMCS-designated contract appears in its hard-copy version.
8. 
After electronic execution, a hard copy of each ECMS-designated contract shall be filed with the City.
[Ord. No. 20-2016, § 1, eff. 8-3-2016]
Departments are authorized to use purchasing cards (P-Cards) for the purchase of goods and services, provided that:
(a) 
The Office of Management and Budget shall create a policy for the use of P-Cards and file said policy or any changes to the policy with the City Clerk.
(b) 
Monthly statements and departmental P-Card usage shall by reviewed and authorized by City Council in a manner similar to the invoice explanatory approval process as set forth in the Rules of Council.
[1]
Editor's Note: Former § 161.15, which pertained to contracts exceeding $5,000, was repealed by Ord. 21-2004, eff. 12-2-2004.
[Ord. 7-1990, eff. 5-23-1990; Am. Ord. 25-1992, eff. 6-23-1992; Am. Ord. 32-1997, eff. 10-16-1997; Ord. 21-2004, § 5, eff. 12-2-2004; Ord. No. 1-2010, § 1, eff. 2-18-2010; Ord. No. 25-2012, § 1, eff. 12-31-2012; Ord. No. 43-2017, § 8, eff. 12-1-2017; Ord. No. 11-2023, § 1, eff. 8-3-2023]
(a) 
Charter and Liability Limit. Every contract shall contain a clause that it is subject to the provisions of the Charter, and that the liability of the City thereunder is limited to the amounts which have been or may be, from time to time, appropriated therefor.
(b) 
Workers' Compensation and Occupational Disease Acts. Every contract which pertains to the performance of work involving the employment of labor shall contain a clause that the contractor has accepted the provisions of the Workers' Compensation and Occupational Disease Acts, as amended and supplemented, insofar as the work covered by the contract is concerned, and that the contractor has insured its liability thereunder in accordance with the terms of such Acts or has duly filed a proper certificate of exemption from insurance with the Pennsylvania Department of Labor and Industry.
(c) 
Human Relations Ordinance. Every contract shall contain a clause requiring the contractor to comply with the human relations ordinance provisions specified in Chapters 651 to 659 of the Conduct Title and to require the contractor to include a similar clause in all subcontracts.
(d) 
Compliance with Laws. Every contract shall contain a clause that the contractor shall fully obey and comply with all laws, ordinances, resolutions and administrative regulations duly made in accordance therewith, which are applicable to the work done under such contract.
(e) 
[Prevailing Wages.] Every contract shall contain a provision stating that the contractor and all of its subcontractors shall pay at least the applicable prevailing wages as shall have been determined by the City Controller pursuant to the City of Pittsburgh Service Worker Prevailing Wage Ordinance, Title 1, Article VII, Section 161.38(I)(B), and as shall have been determined by the Secretary of Labor and Industry to the workers employed in the performance of any contract for public work subject to the Pennsylvania Prevailing Wage Act approved August 15, 1961, P.L. 987, No. 442, as amended August 9, 1963, P.L. 653, No. 342, 43 P.S. § 165-1 et seq. (West 1992 & Supp. 2004), and the regulations issued pursuant thereto. Every contract shall contain a provision stating there may be withheld from any sums due to the contractor or subcontractor so much as may be necessary to pay the workers employed in the performance of any contract subject to City of Pittsburgh Service Worker Prevailing Wage Ordinance, Title 1, Article VII, Section 161.38(I)(B), or for public work subject to the Pennsylvania Prevailing Wage Act approved August 15, 1961, P.L. 987, No. 442, as amended August 9, 1963, P.L. 653, No. 342, 43 P.S. § 165-1 et seq. (West 1992 and Supp. 2004), and the regulations issued pursuant thereto the difference between the wages required by the contract to be paid and the wages actually paid to such employees, and the City Controller may make such payments directly to the appropriate workers.
The prevailing minimum wages for each craft classification of workers needed to perform the contract subject to the City of Pittsburgh Service Worker Prevailing Wage Ordinance, Title 1, Article VII, Section 161.38(I)(B), and the public work contract subject to the Pennsylvania Prevailing Wage Act approved August 15, 1961 P.L. 987, No. 442, as amended August 9, 1963, P.L. 653, No. 342, 43 P.S. § 165-1 et seq. (West 1992 and Supp. 2004), and the regulations issued pursuant thereto shall be incorporated into and made a part of the contract.
Every contract shall contain a provision stating the contractor shall require all subcontractors to comply with and be bound by all provisions of this section as if they, themselves, were contractors.
Every contract shall contain a clause that requires a contractor to comply with Section 197.08(c).
(f) 
Where contracts are entered into pursuant to oral bids or comparison of prices, as provided in Section 161.04, they shall be deemed to contain the foregoing provisions.
(g) 
Every contract for the purchase, lease, rental or taking on consignment of goods or products shall contain a provision stating that the contractor certifies that none of their goods or products were made under sweatshop conditions as defined in Section 161.02(e) of this Chapter.
[Ord. No. 11-2023, § 1, eff. 8-3-2023]
(a) 
Definitions.
APPLICANT
means any person considered for, or who requests to be considered for, employment by a Contractor.
CITY
means the City of Pittsburgh or any division, department, agency or office thereof, unless specifically excluded by this section.
CONTRACTOR
refers to individuals or entities contracting with the City of Pittsburgh, including both contractors and sub-contractors, subject to exceptions for public safety agreements/contracts and those entered into with other political jurisdictions, the Commonwealth of Pennsylvania or the United States of America. "Contractor" also includes instrumentalities of the Commonwealth for which the City is the parent agency with the exception of those instrumentalities which are multi-municipal (i.e., Allegheny County Sanitation Authority; Sports and Exhibition Authority for Counties of the Second Class; Steel Valley Authority and the Southwestern Pennsylvania Commission.)
CONVICTION
means any sentence arising from a plea or verdict of guilty, including a sentence of incarceration, a suspended sentence, a sentence of probation or a sentence of unconditional discharge.
EMPLOYMENT
means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted work, contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. Employment shall not, for the purposes of this section, include any sworn position.
OTHERWISE QUALIFIED
means any Applicant who meets the stated hiring criteria for a position or consideration for a position.
RELATIONSHIP TO THE JOB
means the nature of criminal conduct for which the person was convicted has a direct and/or specific negative bearing on a person's fitness or ability to perform one (1) or more of the duties or responsibilities necessarily related to the employment sought.
(b) 
Equal Employment Opportunity for Persons Previously Convicted.
(1) 
Excluding agreements/contracts for the public safety sensitive positions of police officer, fire fighter, paramedic and school crossing guard, and except as otherwise required by state and federal law, a Contractor shall not inquire about an Applicant's conviction history until after it has been determined that the Applicant is otherwise qualified for the position.
(2) 
After an applicant has been identified as otherwise qualified and selected for the position, the Contractor may make a conditional offer of employment to the Applicant, pending a conviction history check.
(3) 
The Mayor's Office of Equal Protection shall be authorized to coordinate implementation and compliance with this Ordinance. The Mayor's Office of Equal Protection shall promulgate appropriate guidelines and/or regulations for such purposes that reflect the City's application processing policy referenced in Chapter 181.
(4) 
A contractor subject to this Chapter who fails to comply with its provisions is in material breach of its contract with the City, and may be suspended or debarred from bidding on or participating in City contracts, pursuant to Section 161.22(b).
(c) 
Every contract between the City and a Contractor shall contain a provision stating that the Contractor and all of its subcontractors shall comply with this sub-section, subject to exceptions for public safety agreements/contracts and those entered into with other political jurisdictions, the Commonwealth of Pennsylvania or the United States of America. Any other exceptions shall be made only at the City Solicitor's recommendation, and then only with the Mayor's written approval. Any such recommendations and approvals shall be attached to the contract and filed with the City Controller's Office and the City Clerk.
[Ord. 11-1980, eff. 7-25-1980]
No contract shall be made with any City elected or appointed official, officer or employee, or with any corporation, partnership or other nongovernmental entity of which he or she is a member. If any official, officer or employee should, during his or her term of office or employment, knowingly acquire a proprietary or pecuniary interest in any contract, he or she shall forfeit his or her office or employment.
[1]
Editor's Note: Former §§ 161.18 and 161.19, which dealt with development proposals and were derived from Ord. 1-1981, eff. 1-22-1981; Ord. 14-1991, eff. 5-7-1991; and Ord. 31-1994, eff. 12-16-1994, were repealed by Ord. 18-2000, eff. 7-5-2000.
[1]
Editor's Note: Former § 161.20, which pertained to fuel purchases, and § 161.21, which pertained to acquisition and disposition of animals and plants at the zoo, aviary and Phipps Conservatory, were repealed by Ord. 21-2004, eff. 12-2-2004.
[Ord. 24-1989, eff. 10-24-1989; Ord. No. 24-2006, § 1(6), eff. 12-4-2006; Ord. No. 11-2014, § 1, eff. 6-17-2014; Ord. No. 5-2017, § 1, eff. 2-10-2017; Ord. No. 7-2020, § 1, eff. 3-13-2020]
(a) 
Definitions. The following words and phrases when used in this section shall have the meanings given to them in this section unless the context clearly indicates otherwise:
(1) 
AFFILIATE
Persons directly or indirectly, either one (1) controls or can control the other, or a third controls or can control both.
(2) 
AGENT
Any director, officer, servant, employee or other person authorized to act on behalf of the corporation or association and, in the case of an unincorporated association, a member of the association.
(3) 
CONVICTION
An entry of a plea of guilty or a plea of nolo contendere, or a verdict of guilty by a jury or a judge sitting without a jury.
(4) 
ENTERPRISE
Any individual, partnership, corporation, business, company, association or other legal entity and any union or group of individuals associated in fact although not a legal entity, engaged in commerce.
(5) 
HIGH MANAGERIAL AGENT
An officer of a corporation or an unincorporated association, company or business or, in the case of a partnership, a partner or any other agent of a corporation, company, business or association having duties or such responsibility that his or her conduct may fairly be assumed to represent the policy of the corporation or association.
(6) 
PERSON
An individual, corporation, partnership, unincorporated association, or other public or private entity.
(7) 
SUBSTANTIAL STOCKHOLDER
A stockholder who, in the aggregate, directly or indirectly, owns or controls five (5) percent of the outstanding securities of any one (1) class of stock.
(8) 
WAGE THEFT VIOLATION
A person or enterprise having been found guilty, liable, or responsible in any judicial or administrative proceeding for unpaid wages in violation of Pennsylvania Minimum Wage Act, Pennsylvania Wage Payment and Collection Law, Fair Labor Standards Act, or any other federal, state, or municipal law related to the payment of wages or the collection of debt owed due to unpaid wages.
(b) 
Certain Persons and Enterprises Prohibited From Bidding On and Participating In City Contracts. Any person or enterprise who has been convicted of, or been judged civilly to have committed, any offense indicating a lack of business integrity or honesty, shall be debarred from bidding on any contract which requires bidding and from participating in any City contract. The offense shall include, but not be limited to, any of the following:
(1) 
Fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public or private contract or agreement or subcontract, or in the performance of the contract or subcontracts;
(2) 
Bribery, embezzlement, false claims, false statements, falsification or destruction of records, forgery, racketeering, mail fraud, receiving stolen property, obstruction of justice, theft, breach of duty to act disinterestedly, or another offense indicating a lack of business integrity or honesty;
(3) 
Unlawful price fixing between competitors, allocation of customers between competitors, bid rigging or any other violation of federal or state antitrust laws;
(4) 
Violations of a governing hour of labor, minimum wage standards or prevailing wage standards, discrimination in wages or child labor violations;
(5) 
Violation of any section of the Civil Rights Act of 1968, the Pennsylvania Human Relations Act, the City of Pittsburgh's Human Relations Ordinance, any affirmative action, civil rights or nondiscrimination law, executive order, rule, plan or regulation, or violation of any affirmative action or nondiscrimination provisions included in any agreement or contract;
(6) 
Violation of any law, regulation or agreement relating to conflict of interest;
(7) 
Loss or denial of the right to do business or practice a profession under a circumstance indicating a lack of business integrity or honesty;
(8) 
Failure to pay a debt, including any taxes, owed to the City, provided the debt is uncontested by the debtor or, if contested, provided that the debtor's legal and administrative remedies have been exhausted;
(9) 
Subcontracting or otherwise doing business with a debarred person or enterprise, in connection with a contract with the City, where it is known or where it reasonably should have been known, that the person or enterprise is debarred;
(10) 
Willful or material failure to perform the terms of a contract or agreement in accordance with specifications or within contractual time limits;
(11) 
A record of failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts, provided that the failure or unsatisfactory performance was within a reasonable period of time preceding the determination to debar and was caused by acts within the control of the person or enterprise debarred;
(12) 
Violation of election laws;
(13) 
Providing false or misleading information as part of a prequalification statement, including but not limited to financial statements, equal opportunity employment forms, affidavits of compliance with prevailing wage statutes and product descriptive literature;
(14) 
Debarment or equivalent exclusionary action by any public agency, government or government instrumentality;
(15) 
Decertification as a minority or women enterprise;
(16) 
Illegal littering or dumping as defined by Title 6, Conduct, Article I, Regulated Rights and Actions, § 601.11;
(17) 
Wage theft violation as defined in Section 161.22(a) herein.
(18) 
Other cause affecting responsibility as a City contractor or vendor as may be determined by the City.
(c) 
Responsible Bidders. No person or enterprise which falls within the provisions of subsection (b) hereof shall be considered a responsible bidder on any City contract.
(d) 
Debarment.
(1) 
Evidence. The existence of a cause for debarment under this section will be established by conviction or a judgment obtained in a court of competent jurisdiction or by determination by the appropriate body.
(2) 
Conditions. The existence of any of the causes set forth in Section 161.22(b) (relating to cause for debarment) does not necessarily require that a person or enterprise be debarred. In each instance, the decision will be made in the discretion of the Director of the Office of Management and Budget and the Mayor, unless otherwise required by law, and will be rendered in the best interests of the City.
(3) 
Term. All debarments under this section shall be for a reasonable, definitely stated period of time commensurate with the seriousness of the cause therefore. As a general rule, debarment will not exceed three (3) years. Debarment may be for a longer period of time where the offense is willful and egregious providing that notice thereof is furnished.
(4) 
Parties Affected. Debarment may include all known affiliates provided that each decision to include an affiliate is made on a case-by-case basis after giving due regard to all relevant facts and the circumstances. The commission of an offense listed in subsection (b) hereof by an individual, agent, officer or substantial stockholder, shall be imputed to the enterprise with which he or she or they are connected, when such impropriety involved was performed in the course of official duty, operation of an enterprise, or with the knowledge or approval of the enterprise.
(5) 
Waiver. A waiver to debarment may be granted by the City if one (1) or all of the following circumstances determine the public interest would best be served by the waiver:
A. 
If debarment would be inconsistent with public interest;
B. 
If debarment would result in unreasonable cost to the City;
C. 
If the material or service is not otherwise reasonably available or of satisfactory quality.
Such waiver shall be granted by the City department director out of whose line item funds are allocated, but only with approval of the Mayor. Mitigating factors may be considered in determining whether a waiver is warranted.
(e) 
Procedure.
(1) 
Notice. The Director of the Office of Management and Budget shall furnish the person or enterprise and its known affiliates with written notice of debarment setting forth the specific reasons for the proposed debarment.
(2) 
Any person or enterprise receiving a letter of debarment from the Director of the Office of Management and Budget may request a hearing within ten (10) days of the date of mailing of the notice. The appeal shall set out reasons why the person or enterprise should not be debarred.
(3) 
The appeal shall be filed with the Director of the Department of Finance. The Director shall notify the affected person or enterprise of the place and time of the hearing within five (5) days of the receipt of the appeal. The hearing shall be held within fifteen (15) days of the receipt of the appeal unless otherwise agreed to by the person or enterprise and the Director.
(4) 
The cause for debarment shall be established by a preponderance of the evidence. If the debarment is based upon a conviction, a civil judgment, a debarment by another government or public agency or a determination by an appropriate body with competent jurisdiction, the standard shall be deemed to have been met.
(f) 
Bidders to File Certification. All bidders on and parties to City contracts shall file with their bid or prior to commencing performance a certification stating that they are not prohibited from entering their bid or participating in a City, Commonwealth or federal contract by reason of disqualification under subsection (b) hereof. The certification shall be signed by the company's owner, president or other authorized signing agent.
(g) 
Certain Contracts Terminated. In the event a contract is entered into in violation of subsection (b) hereof, the contract shall be terminated, if practicable, and no action in quantum meruit shall be permitted for recovery against the City.
(h) 
Regulations. The City may promulgate regulations necessary to implement this section.
(i) 
Interpretation. This section shall be liberally construed and strictly enforced.
[Ord. 7-1990, eff. 5-23-1990]
(a) 
All parties to contracts for public work subject to Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, shall comply with the following conditions, provisions and requirements:
(1) 
Every contractor and subcontractor shall keep an accurate record showing the name, address, occupational classification, wages and other benefits paid or provided, and number of hours worked for each worker and the record shall be preserved for two (2) years from date of final payment. The records shall be available for inspection by duly authorized agents of the City or Commonwealth at all reasonable hours, and shall permit the agents to interview employees during hours on the job.
(2) 
Every contractor and subcontractor shall file each week Federal Form WH-347 or its equivalent which shall specify for each employee the employee's name, address, Social Security Number, occupational classification, hourly rate paid, the number of hours worked each day, the total weekly hours, all deductions made from gross pay, and net weekly pay, with the City Controller, or the City Controller's authorized representative. Every contractor and subcontractor shall file a statement each week, and a final statement at the conclusion of the public work contract with the City Controller, or the Controller's authorized representative, certifying that all workers have been paid no less than required by contract, or if any wages remain unpaid to set forth the amount of wages due and owing to each worker respectively, and that occupational classification set forth for each employee conforms with the work performed.
(3) 
Every contractor and subcontractor shall post for the entire period of construction the name of the public works project, the name, address and telephone number of the City Controller, the applicable prevailing minimum wages for each craft or classification of workers performing the public work contract, and a statement advising workers that if they have been paid less than the prevailing wage rate for their work classification they may notify the City Controller, and request an investigation.
(4) 
The City Controller shall be responsible for compliance with and administration of this section. The Controller shall maintain a current schedule of the prevailing wages for each craft or classification of workers. The City Controller shall upon notification of any alleged violations of this section or contract provisions required herein receive and refer to the Department of Labor and Industry, Prevailing Wage Division the name of the appropriate public work project, the nature of the complaint, any other pertinent information and request an investigation of the same. The Controller is authorized to withhold from payments due to the contractor the amount of wages unpaid or not paid in accordance with the public work contract and to pay directly to any worker the amount shown to be due and owing as directed by the Director of the Prevailing Wage Division.
(5) 
No contract for public work shall be awarded to any contractor or subcontractor who has intentionally failed to pay the prevailing wages as determined by the Director of the Prevailing Wage Division, in accordance with the procedures required by the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342) and the regulations issued pursuant thereto, until three (3) years have elapsed from the date the City is given notice of the aforesaid.
[Ord. 11-1990, eff. 7-20-1990; Ord. 21-2004, § 5, eff. 12-2-2004; Ord. No. 2-2018, § 1, eff. 2-15-2018; Ord. No. 24-2018, § 2, eff. 7-19-2018]
(a) 
Authorization by Council. Authorization to contract shall be received pursuant to § 161.01. The authorization shall make reference to a cost range for the project if the authorization is requested prior to bids being received.
(b) 
Advertising for Bids. The bid specifications for construction contracts and requests for proposals for engineering, architectural, and other specialty professional services contracts, open-end or otherwise, or any other publication or notification with respect thereto shall not include any estimated construction costs or design costs for the project; provided, however, potential bidders may be advised of the anticipated cost category of the project as the categories may be developed and determined by the Director of Public Works or Director of Mobility and Infrastructure.
The Director of the department requiring the project shall concur in the plans and specifications prior to the advertising for bids thereon.
(c) 
Confidentiality. No person, whether an employee of the City or otherwise, shall disclose, reveal, divulge, communicate or deliver, directly or indirectly, any information relating to the estimated construction cost of the project, to any other person who has not been designated by the Director of the department preparing or requiring such information to receive the information.
(1) 
Any officer or employee of the City who violates the provisions of this subsection shall be subject to disciplinary action.
(2) 
Any non-city employee who violates the provisions of this subsection shall be subject to a fine of five hundred dollars ($500.00) and, additionally, shall be barred from receiving or participating in any City contract, directly or indirectly, for a period of three (3) years. Procedure for debarment shall be in accordance with the provisions of § 161.22(e).
(d) 
Acceptance of Bids.
(1) 
The Department of Mobility and Infrastructure or the Department of Public Works (collectively the "Departments") shall obtain a full and complete estimate of the cost of performance of each contract. The estimate may be made either by the Departments' personnel with specific experience and expertise in the type of work involved, or independent consultants with established expertise in the type of work involved. The estimation process, whether conducted by the Departments' personnel or independent consultants, shall include a complete scope of work, as well as materials, labor and profit. When available, with respect to materials, including parts and equipment, direct cost inquiries shall be made to at least three (3) manufacturers or suppliers of the materials, parts or equipment required in performance of the contract. The estimate shall be completed not later than the date the bids are opened.
(2) 
If all bids shall exceed one hundred ten (110) percent of the estimated cost, all bids shall be rejected unless otherwise approved by Council. If bids are rejected, the project shall be rebid and the bids evaluated according to the provisions of this section, with the estimate referred to in subsection (d)(1) hereof not being changed. If bids are rejected for a second time, upon the third bid, the contract may be awarded to the lowest responsible bidder.
[Ord. 11-1990, eff. 7-20-1990]
The final capital budget as published shall list an estimated cost range for each capital project or each group of capital projects.
[Ord. 6-1993, eff. 4-16-1993; Ord. 40-2003, eff. 12-31-2003; Ord. 21-2004, § 5, eff. 12-2-2004]
The Director of the Department of Finance (the "Director") shall be authorized to enter into an agreement or agreements approved by Council incorporating the terms and provisions as the Director and the City Solicitor may require, with health care providers and/or insurance companies from time to time to provide City employees with benefit coverage, including, but not limited to, health, dental, vision, life, short term and long term disability insurance, accidental death and dismemberment insurance, and any other benefit either negotiated or agreed to by the City. All costs associated with the benefits shall be chargeable to and payable from those code accounts designated by the Director. Any and all agreements and plans for health care benefits shall comply with the Act 47 Plan.
[Ord. 27-1994, eff. 10-19-1994; Ord. No. 30-2013, § 1, eff. 11-22-2013]
Written reports on City Council grants of federal and local taxpayer funds for services rendered to residents of the City under Rule XVIII of the Rules of Council shall be submitted to City Council's Budget Office:
(a) 
By the City department chosen for the disbursement of funds no later than one hundred fifty (150) days after City Council's approval of the funding and every sixty (60) days thereafter and shall include the name of the organization receiving the funding, the grant amount and the date of disbursement or an explanation as to why the funds have not been disbursed with the projected date of disbursement.
(b) 
By each organization which has received a Council grant no later than one hundred eighty (180) days after receiving the disbursement of funds for the purpose of ensuring that funding is being used according to the specifications of the organization's application.
(c) 
By each organization which has received a Council grant no later than thirty (30) days after the organization's last expenditure and shall include an itemized list of the organization's expenditures. This report shall also be submitted to the City Controller's Office.
(d) 
The minimum City Council grant award shall be two thousand five hundred dollars ($2,500.00).
(e) 
The minimum Mayoral grant award shall be two thousand five hundred dollars ($2,500.00).
(f) 
Federal Community Development Block Grant (CDBG) funds not expended within three (3) years shall be reprogrammed back to the Council District Office said funds originated from.
[Ord. 2-1994, eff. 3-7-1994; Ord. 21-2004, § 5, eff. 12-2-2004; Ord. No. 24-2006, § 1(6), eff. 12-4-2006]
Prior to a request for bids on all emergency and maintenance contracts exceeding thirty thousand dollars ($30,000.00), or prior to authorizing work to be performed using an existing services contract exceeding thirty thousand dollars ($30,000.00). Council shall be notified in writing by the department director requesting services of the specific project. Council shall also be provided with a list of names and addresses of all bidders by the Director of the Department of Finance on all emergency and maintenance contracts exceeding thirty thousand dollars ($30,000.00).
[Ord. 8-1995, eff. 3-30-1995]
All allocations of grants and donations of five thousand dollars ($5,000.00) or less to non-profit organizations by City Council, pursuant to Rule XVIII of the Rules of Council shall be paid by departmental invoice.
[1]
Editor's Note: Former § 161.30, which pertained to contracting out and derived from Ord. 33-1996, eff. 12-20-1996; Ord. 4-2004, eff. 4-6-2004; and Ord. 21-2004, eff. 12-2-2004, was repealed by Ord. 39-2021, eff. 10-14-2021.
[Ord. 22-1999]
(a) 
Union Contracts: No Work Stoppage: Arbitration. Each and every contractor and employer of employees hired to staff hospitality operations shall be or become signatory to valid collective bargaining agreements or other contracts under 29 U.S.C. Section 185 with any labor organization seeking to represent hospitality workers employed in the contractor's and/or employer's hospitality operations in a capital project as a condition precedent to its contract with the City of Pittsburgh. Each collective bargaining agreement or contract must contain a provision prohibiting the labor organization and its members, and in the case of a collective bargaining agreement, all employees covered by the agreement, from engaging from any picketing, work stoppages, boycotts or any other economic interference with the hospitality operations of contractor or any persons under contract to it for the duration of the time required for the repayment of public indebtedness incurred to finance the acquisition or development of such capital project, or for the duration of contractor's contract or contracts with the City for the operation of such capital project, whichever period of time is more extensive (the "no-strike pledge"). Each agreement must provide that during this time period, all disputes relating to employment conditions or the negotiation thereof shall be submitted to final and binding arbitration. Each and every contractor and employer of employees hired to staff hospitality operations shall require that any work under its contract or contracts with the City to be done by the contractor's or employer's contractors, subcontractors, tenants or subtenants shall be done under collective bargaining agreements or other contracts under 29 U.S.C. Section 185 containing the same provisions as specified above. A contractor or employer shall be relieved of the obligations of this section with respect to a labor organization if the labor organization places conditions upon its No-strike pledge that the City Council finds, after notice and hearing, to be arbitrary or capricious.
(b) 
Definitions.
CAPITAL PROJECT
has the same meaning as in Pennsylvania Senate Bill 10 P.N. 313.
CITY
means the City of Pittsburgh, Pennsylvania.
CITY COUNCIL
means the City Council of the City.
CONTRACT
means any contract, lease or license from the City to use any City property for the conduct of hospitality operations, or under any contract, lease or license pursuant to which the City is entitled to receive as rents, royalties or other income a percentage of the revenues of an enterprise, or any payments in connection with financing providing by or through the City, or any subcontract, sublease, sublicense or other transfer or assignment of any right, title or interest received from the City pursuant to any such contract, lease or license.
CONTRACTOR
as used herein means any person party to a contract.
CONTRACT UNDER 29 U.S.C. SECTION 185
as used herein means a contract to which 29 U.S.C. Section 185 (a) applies, as that provision has been interpreted by the United States Supreme Court.
EMPLOYER
means an employer of employees hired to staff or work at a hospitality operation.
HOSPITALITY OPERATIONS
means hotels or motels, providing lodging and other guest accommodations and restaurants, bars, clubs, cafeterias and food and beverage operations and does not include sport stadium operations.
HOSPITALITY WORKERS
means all full-time or part-time employees in a hospitality operation, except supervisors, managers and guards.
PERSON
means and includes a sole proprietorship, partnership, corporation, joint venture or business organization of any kind.
VALID COLLECTIVE BARGAINING AGREEMENT
as used herein means a collective bargaining agreement entered into between the person contracting or subcontracting to provide services and a labor organization lawfully serving as the exclusive collective bargaining representative for the employees who provide or will provide services pursuant to such a contract.
(c) 
Severability. If any section or portion of a section of this agreement is declared illegal, invalid or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining sections and all portions not declared illegal, invalid or inoperative shall remain in full force or effect, and no such determination shall invalidate the remaining sections or portions of the sections of this ordinance.
[1]
Editor's Note: Former § 161.31, which pertained to review committee and recommendation, and former § 161.32, which pertained to Contracting Out Regulation and Review Act of 1996, which derived from Ord. 33-1996, eff. 12-20-1996; Ord. 21-2004, eff. 12-2-2004; Ord. 24-2006, eff. 12-4-2006; and Ord. 2-2018, eff. 2-15-2018, were repealed by Ord. 39-2021, eff. 10-14-2021.
[Am. Ord. 18-2000, eff. 7-5-2000; Ord. 21-2004, § 5, eff. 12-2-2004]
(a) 
Definitions. Unless the context otherwise requires, the following terms shall have these meanings:
(1) 
NON-CITY FUNDS
Those funds received directly or indirectly from the state or federal government by the City, and, which in accordance with congressional regulation, the City may expend or administer in connection with construction projects subject to this Chapter.
(2) 
APPRENTICE
A worker who is a trainee and who is individually registered in a bona fide apprenticeship program with the United States Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training.
(3) 
CITY FUNDS
Shall include, but not be limited to, General Fund revenues, grants, donations, and capital bond proceeds. It will also include the value of real estate taxes abated, or deferred incremental tax, which would otherwise be due to the City. It will also include land assembly, infrastructure, and any other items of value provided by the City.
(4) 
CITY RESIDENT
Any person whose domicile lies within the City of Pittsburgh.
(5) 
CONSTRUCTION CONTRACT
Any agreement for the erection, repair, alteration or demolition of any building, structure, bridge, roadway or other improvement to real property which is funded, in whole or in part, by City funds or value.
(6) 
CONSTRUCTION PROJECT OR PROJECTS
The work performed pursuant to a construction contract.
(7) 
CONSTRUCTION SITE
The geographical location where the erection, repair, alteration or demolition described in the construction contract is performed.
(8) 
COVERED CONTRACT
Any construction contract for two hundred thousand dollars ($200,000.00) or more to which the City is a party and which is funded in whole or in part by City funds or value, or funded in whole or in part by Non-City Funds, or funded in whole or in part by a combination of City funds or value and non-City funds.
(9) 
DEVELOPER/CONTRACTOR
Any party performing or bidding on a Construction Contract.
(10) 
DOMICILE
The legal residence of an individual or place of that individual's fixed and permanent home. For purposes of this Chapter, domicile does not include any temporary living quarters to which business or other reasons have called the individual.
(11) 
EMPLOYEE WORK HOURS
All work hours devoted to all tasks customarily performed on a construction site, whether or not such tasks are, in fact, performed on the construction site, and hours performed by persons filling apprenticeship on-the-job training positions pursuant to this Chapter.
(12) 
SUBCONTRACTOR
A third party engaged by the developer/contractor, prime or general contractor to perform all or part of the work included in the construction contract.
(13) 
TRAINEE
A worker who is not eligible for an apprenticeship program and is certified as having no previous experience or skills used in a particular craft or occupation, but who has demonstrated an interest in acquiring the same and has agreed to enter into an approved on-site and/or off-site training program.
(14) 
VALUE
Investment, other than cash, which significantly contributes to the total value of the construction project, such as real estate tax deferments, discounts, infrastructure, etc.
(b) 
Residency Requirement. For each Covered Contract, the worker hours shall be performed in accordance with the requirements specified below:
(1) 
Thirty-five (35) percent of all Employee Work Hours performed under Covered Contracts shall be performed by City Residents.
(2) 
The Employee Work Hours of non-Pennsylvania residents to be employed on a contract shall be excluded from the determination of total Employee Work Hours to be performed on the contract and from the calculation of the residency percentage based thereon.
(3) 
For purposes of this Chapter, Employee Work Hours shall include work performed by persons filling apprenticeship and on-the-job training positions.
(4) 
In order to ensure compliance with this Chapter, the provisions of this Section shall be included by each City Department or Authority in all Covered Contracts and subcontracts with any private corporation or individual(s).
(c) 
Applicability and Implementation.
(1) 
In determining the total Employee Work Hours to be furnished at the construction site, there shall be included the number of hours devoted to all tasks customarily performed on a construction site, whether or not such tasks are, in fact, performed on the construction site.
(2) 
The developer/contractor shall designate a principal officer of its firm to be responsible for administering the residency requirement and equal opportunity goals provisions detailed in this Chapter. This officer shall meet regularly, or as may by required, with the designee of the Equal Opportunity Review Commission (EORC) to ensure compliance with the residency requirement and encourage the equal opportunity goals set forth herein. Included in this obligation is the requirement that each developer/contractor and subcontractor keep and maintain records for all trainees so that separate payroll amounts and descriptions of payments and training progress, together with all benefits, are recorded separately.
(3) 
After bids are received for a particular Covered Contract, subject to the provisions of subsection (b) and prior to the award of such a contract, the apparent lowest responsible bidder and the known principal subcontractors will be required to attend a pre-award conference with the EORC. The purpose of the pre-award conference will be to evaluate the developer/contractor's plan to comply with the residency provisions and equal employment opportunity goals of this Chapter, and its past performance with respect to equal employment opportunity practices.
(4) 
The covered developer/contractors, and each subcontractor whose contract(s) exceeds twenty-five thousand dollars ($25,000.00), shall complete and submit a work force table. This document shall identify the estimated work force requirements for the duration of the job, broken down by trade and month. This document shall be revised as required, but not less than once a month. A developer/contractor's failure to provide this document, or the furnishing of substantially false or misleading information in this document, shall be considered non-compliance with the terms of this Chapter.
(5) 
The developer/contractor must submit to the EORC their weekly payroll records for all crafts covered under the contract provisions. In addition, a monthly cumulative summary of the project work force must be provided on a craft-by-craft basis, and the individuals comprising the workforce must be identified as to their minority or non-minority status, gender and residence.
(6) 
The developer/contractor shall, on the last working day of each month, submit to the EORC a written narrative describing its efforts to ensure compliance with this Chapter. This report will include an appraisal as to the effectiveness of the developer/contractor's program and will specify those factors and conditions which impede, restrict or account for less than complete success of the program.
(7) 
The developer/contractor shall permit the EORC to have access to weekly payroll records for all employees covered under the Covered Contract.
(8) 
The developer/contractor shall continually monitor personnel activities to ensure that the provisions of this Chapter are being met.
(d) 
Applicability to Subcontractors.
(1) 
Each developer/contractor subject to the provisions of this Chapter shall be responsible for the performance of its subcontractors in the implementation of the provisions of this Chapter during the performance of a Covered Contract. Whenever a developer/contractor subcontracts a portion of the work on a Covered Contract project, the developer/contractor shall bind the subcontractor the obligations contained in this Chapter to the full extent as if the subcontractor was the developer/contractor. Furthermore, the developer/contractor must include a provision in all contracts with subcontractors to ensure compliance with all conditions included herein.
(2) 
A developer/contractor to whom this Chapter is applicable shall submit copies of this Chapter to all subcontractors and shall make compliance with it a specification of all bids. The developer/contractor shall provide, in any request for bids by a subcontractor, that the subcontractor's submissions of a bid shall constitute agreement that the subcontractor will comply with the requirements of this Chapter.
(e) 
Collective Bargaining Units.
(1) 
The ability to establish the residency requirement of this Chapter may be subject to certain laws limiting the City's ability to interfere with commerce, federal laws, decrees governing union hiring and union contracts governing seniority and referrals. Except as permitted by law, it is not the intent of this Chapter to alter any collective bargaining agreements between the developer/contractor, subcontractors and labor unions.
(2) 
Each developer/contractor or subcontractor will notify the EORC whenever she/he has reason to believe that any union that which has a hiring hall or referral arrangement or an apprenticeship program engages in such referral, membership, admission or other practices that will substantially impede the contractor in her/his efforts to meet the residency requirements under this Chapter.
(3) 
The developer/contractor shall submit to the EORC copies of the Collective Bargaining Agreement covering workers to be employed on the project and copies of such bargaining agreements of each subcontractor.
(f) 
State and Federal Requirements. The successful developer/contractors and any subcontractors subject to the provisions of this Chapter shall comply with any and all applicable federal or state requirements pertaining to construction/public works contracts, including, but not limited to, laws governing prevailing wages, equal opportunity and employment, benefits, worker's compensation and federal labor laws.
[Ord. No. 19-2018, § 1, eff. 6-28-2018; Ord. No. 37-2018, § 1, eff. 10-11-2018; Ord. No. 46-2018, § 1, eff. 12-21-2018]
(a) 
Definitions. The following definitions are applicable to § 161.34:
(1) 
APPROPRIATE LABOR ORGANIZATION
An organization representing, for purposes of collective bargaining, journey persons and apprentices in one (1) or more crafts or trades with a federal or state-approved apprenticeship training program and which:
a. 
Has entered into a labor agreement with an employer in the building and construction industry;
b. 
Has represented journey persons and apprentices employed on projects similar to the project for which a Project Labor Agreement is being considered; and
c. 
Possesses the present ability to refer or provide and represent qualified journey persons and apprentices in the crafts or trades required by the project in sufficient numbers to perform the contracted work involved in the project.
(2) 
PROJECT LABOR AGREEMENT
A pre-hire collective bargaining agreement between a contractor or subcontractor, as an employer, and an Appropriate Labor Organization relating to Public Works Projects.
(3) 
PROJECT LABOR AGREEMENT REVIEW
The review required to be taken by a designated committee in conjunction with a City department undertaking a Public Works Project with an estimated construction cost of five hundred thousand dollars ($500,000.00) or more prior to including a requirement to use a Project Labor Agreement.
(4) 
PUBLIC WORKS PROJECT
A project involving the erection, construction, demolition, renovation and alteration of a City-owned or controlled building, facilities or infrastructure, consistent with applicable law.
(b) 
Project Labor Agreement Review and Recommendation Process.
(1) 
Each City department planning to enter into a contract on behalf of the City for a Public Works Project with an estimated construction cost of five hundred thousand dollars ($500,000.00) or more shall refer the Project for a Project Labor Agreement Review consistent with Section 161.34 to determine if the particular project would be appropriate for a Project Labor Agreement.
(2) 
The Project Labor Agreement Review must include consideration of at least the following criteria to determine the potential cost savings and other benefits to justify the inclusion of a Project Labor Agreement in bid specifications seeking the lowest responsible bidder:
a. 
If the project requires safe, efficient and timely completion without delay;
b. 
If the project requires a reliable supply of craft labor for multiple construction crafts or trades;
c. 
If there [are] competing or multiple projects drawing from the same supply of craft labor occurring at or around the same time in the City or surrounding region;
d. 
If efficiencies and savings can be achieved by coordination of terms and conditions of providers of skills and crafts for the project;
e. 
If the project has scheduled milestones that must be achieved such that it will benefit from mechanisms, such as no-strike clause and/or the efficient enforcement of prevailing wage requirements, that assist in the effective and timely resolution of disputes that may arise during project delivery;
f. 
If the project promotes fulfillment of important City goals in accordance with Section 161.34 and applicable law; and
g. 
If applicable funding sources and corresponding restrictions or requirements affect the use of a Project Labor Agreement for the project.
(3) 
No Project Labor Agreement shall be recommended pursuant to the Project Labor Agreement Review process unless the decision to use a Project Labor Agreement has, as both its purpose and likely effect, the advancement of the interests of the City's competitive bidding requirements, including those set forth in Section 161.34(b)(2).
(4) 
The Project Labor Agreement Review for a Public Works Project will be conducted by the following committee: A representative from the City's Department of Public Works, a representative from the City's Department of Mobility and Infrastructure, a representative from the City's Office of Management and Budget, a representative from the City's Department of Finance, and a representative from the City's Equal Opportunity Review Commission.
(5) 
If the Project Labor Agreement Review committee recommends that a Public Works Project is appropriate for a Project Labor Agreement, the committee shall provide the City's Director of the Office of Management and Budget with a written report describing the applicable Public Works Project and its recommendation regarding the use of a Project Labor Agreement to further the proprietary interests of the City on the basis of costs, efficiency, quality, safety and/or timeliness, including consideration of the criteria set forth in Section 161.34(b)(2).
(c) 
Procedures for Use of Project Labor Agreements.
(1) 
If there is written concurrence from the Director of the Office of Management and Budget to use a Project Labor Agreement for a particular Public Works Project based on a recommendation from the Project Labor Agreement Review committee, the requirement to use a Project Labor Agreement and the specific terms of such agreement shall be included in the specifications for the invitation to bid on the subject project.
(2) 
After making the decision to use a Project Labor Agreement for a particular Public Works Project, the Director of the Office of Management and Budget may direct a City designee to commence discussions with an Appropriate Labor Organization to discuss the proposed Project Labor Agreement for the applicable Public Works Project.
(3) 
Section 161.34 does not require the use of a Project Labor Agreement with respect to any particular Public Works Project.
(4) 
Section 161.34 does not require the selection or participation of any particular union, trade council, or labor organization.
(d) 
Required Provisions in Project Labor Agreements. Any Project Labor Agreement pertaining to a Public Works Project covered by Section 161.34 shall include terms that:
(1) 
Bind all contractors and subcontractors on the Public Works Project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents;
(2) 
Allow all contractors and subcontractors, at whatever tier, to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;
(3) 
Permit the selection of the lowest responsible bidder, without regard to union or non-union status;
(4) 
Provide that all contractors and subcontractors, at whatever tier, have a reliable supply of construction craft labor by requiring for the project be obtained pursuant to hiring or referral procedures of Appropriate Labor Organizations that are signatories to the Project Labor Agreement;
(5) 
Establish certain uniform terms and conditions of employment for construction craft labor to promote stability in the project delivery process;
(6) 
Contain guarantees against strikes, lockouts, and similar job disruptions;
(7) 
Set forth effective, prompt and mutually binding procedures for resolving labor disputes arising during the contract for the Public Works Project;
(8) 
Include a diversity goal consistent with the utilization of twelve (12) percent for minority workers; and
(9) 
Fully conform to all applicable statutes, regulations, and ordinances.
(e) 
Procedures When Project Labor Agreements Are Used.
(1) 
If a Project Labor Agreement is used pursuant to Section 161.34, the procedures listed herein shall be followed:
a. 
The requirement for the Project Labor Agreement shall be made part of the bid specifications in the invitation for bids or other applicable competitive process for the Public Works Project and constitute a material term of the final construction contract;
b. 
The applicable Project Labor Agreement shall appear in the solicitation's appendix;
c. 
The invitation to bidders shall provide that the City shall have the absolute right to select the lowest responsible bidder for the award of the contract for the Public Works Project without reference to whether the bidder is a signatory to any other collective bargaining agreements; provided, however, that only a bidder willing to execute and comply with the Project Labor Agreement may be selected as the lowest responsible bidder;
d. 
The invitation to bidders shall provide that the Project Labor Agreement shall be made binding on all contractors and subcontractors, at whatever tier, on the Public Works Project through inclusion of appropriate bid specifications and related documents in all relevant bid documents;
(2) 
Following the award of the contract, the Project Labor Agreement shall be executed by the general contractor and/or other prime contractors responsible for the Public Works Project, subject to the review and approval of the City.
[1]
Editor's Note: The provisions of former § 161.34 were moved to §§ 177A.01—177A.07 by Ord. 21-2004, eff. 12-2-2004.
[Am. Ord. 13-2001, §§ 1—17, eff. 1-1-2002;[1] Am. Ord. 33-2001, § 1, eff. 12-31-2001; Am. Ord. 9-2002, § 1, eff. 4-10-2002[2]]
(a) 
Title and Purpose.
(1) 
[Title.] Pittsburgh Living Wage Ordinance. This section shall be known as the "Pittsburgh Living Wage Ordinance."
(2) 
[Purpose.] The purpose of this section is to assure that employees of the City, City contractors, subcontractors and beneficiaries of tax, loan, grant and subsidy assistance or abatements provided by the City pay their employees a wage sufficient to meet the needs of a family of four (4) with two (2) full-time wage earners. This section is also designed to maximize access for low-and moderate-income Pittsburgh residents to the jobs that are created, maintained, or subsidized through City assistance.
(b) 
Definitions. For the purposes of this section, the following terms are defined as follows:
(1) 
APPLICABLE DEPARTMENT
Office of the Controller of the City of Pittsburgh, or such other City department or agency responsible for administering a contract for assistance.
(2) 
ASSISTANCE
Assistance shall include:
a. 
Any grant, loan, tax incentive, bond financing, subsidy, or other form of assistance with a value of at least fifty thousand dollars ($50,000.00), that a for-profit employer employing at least ten (10) employees, or any non-profit employer employing at least twenty-five (25) employees has received within any twelve-month period, by or through the authority or approval of the City of Pittsburgh and/or any authority, agency or public entity receiving assistance from the City of Pittsburgh, awarded after the effective date of this section. This provision explicitly exempts the URA neighborhood street face facade improvement program and public authority supported, primary retail projects downtown and within the neighborhood business districts.
b. 
Any contracts or subcontracts with the City of Pittsburgh whose aggregate value for any twelve (12) months is equal to or greater than ten thousand dollars ($10,000.00) that is entered into with a for-profit employer of at least ten (10) employees, or a non-profit employer of at least twenty-five (25) employees to provide goods and services, and that is awarded, renegotiated or renewed after the effective date of this section, except those covered by subsection (b)(2)a. above;
c. 
Any contract or subcontract described in the preceding paragraph, awarded by a beneficiary, provided that the contract is awarded, renegotiated, or renewed after the effective date of this section provided further that the annual value of such contract or subcontract exceeds five thousand dollars ($5,000.00) and be awarded to a for-profit employer of more than five (5) employees or a non-profit employer of more than fifteen (15) employees;
d. 
Any lease or rental agreement awarded by a beneficiary, for the use of property or equipment that was purchased, improved or developed as the result of assistance as defined in paragraph (2)a., provided that the lease or rental agreement was signed or reached after the effective date of this section; and providing further that the leaseholder or renter be a for-profit employer of at least ten (10) employees or a non-profit employer of at least twenty-five (25) employees.
e. 
Any lease or license, or any sublease or sublicense thereto, of or by an authority, agency or public entity receiving assistance from the City of Pittsburgh, on which services are rendered by employees of the lessee or licensee (or sublessee or sublicensee), provided that (1) the services are rendered on property at least a portion of which is visited by substantial numbers of the public on a frequent basis (including but not limited to parking facilities, transportation facilities, and public sports and entertainment venues), (2) the lease or license (or sublease or sublicense) was signed or reached after the effective date of this section, and (3) the leaseholder or licenseholder (or subleaseholder or sublicenseholder) is a for-profit employer of at least ten (10) employees or a non-profit employer of at least twenty-five (25) employees.
f. 
For purposes of determining whether the assistance and employment thresholds contained in subsections (b)(2)a. through (b)(2)e. are met, all affiliates, controlled organizations, controlling organizations, and/or organizations having an identity of interest shall be treated as a single entity.
g. 
Loans shall be considered assistance only to the extent that they are forgiven or discounted below the available market rate over the life of the loan. Tax credits incentives and abatements shall be considered assistance to the extent of the tax reduction realized by the recipient.
(3) 
BENEFICIARY
Beneficiary means any person or entity that is a recipient of "assistance."
(4) 
LIVING WAGE BOARD
Living wage board has the meaning stated in paragraph (e).
(5) 
COVERED EMPLOYER
Covered employer means the City of Pittsburgh, or a beneficiary of or an applicant for assistance that has not been granted an exemption from this section pursuant to subsection (g) of this section.
(6) 
COVERED EMPLOYEE
Covered employee means a person employed by a covered employer receiving assistance; provided, however, that persons who are employed pursuant to federal, state or local laws relating to prevailing wages shall be exempt from this section.
(7) 
LIVING WAGE
Living wage is defined in paragraph (c).
(8) 
PERSON
Person means one (1) or more of the following or their agents, employees, servants, representatives, and legal representatives: any individual, corporation (including any affiliate or successor corporation), partnership, joint venture, association, labor organization, educational institution, mutual company, joint stock company, trust, unincorporated association, trustee, trustee in bankruptcy, receiver, fiduciary, or any other entity recognized at law by this Commonwealth.
(c) 
Living Wage.
(1) 
Applicability.
a. 
The City of Pittsburgh shall pay no less than the living wage to its employees
b. 
Covered employers receiving City subsidies (assistance as defined in subsection (b)(2)a.) shall pay no less than the living wage to employees performing work on or related to the property, business, or project which is the subject of the assistance for as long as the subsidy remains in effect. With respect to one-time grants of assistance, the covered employer shall be subject to the requirements of this section for a period equal to one (1) year for every fifty thousand dollars ($50,000.00) of assistance.
c. 
Covered employers holding City contracts or subcontracts (receiving assistance as defined in subsections (b)(2)b. and c.) shall pay no less than the living wage to employees during any week in which the employee performs work related to the contract or subcontract.
d. 
Covered employers who lease or sublease property from the City, or a beneficiary (assistance as defined in subsections (b)(2)d. and e.), shall pay no less than the living wage to their employees during any week in which the employee performs work on or related to the leased property.
(2) 
Amount of Wage. The living wage shall be calculated on an hourly basis and shall be sufficient to meet the needs of a family of four (4) with two (2) full-time wage earners. The applicable rate as of the effective date of this section shall be nine dollars and twelve cents ($9.12) per hour for all covered employees who receive full individual health insurance from their employer or an employer contribution equivalent to no less than one dollar and fifty cents ($1.50) per hour toward the cost of health insurance. The living wage for covered employees who do not receive such health insurance contributions from their employer shall be ten dollars and sixty-two cents ($10.62) per hour. (Covered employees who are employed part-time or who job share, and receive partial health benefits from their employer, shall be paid no less than nine dollars and twelve cents ($9.12) per hour, as long as the employer's health contribution is equivalent to no less than one dollar and fifty cents ($1.50) per hour). For covered employees in occupations in which it is customary to receive a portion of compensation through tips, the living wage shall be adjusted by an allowance for tips equal to the applicable employee allocation standard specified by the Internal Revenue Service.
(3) 
[Adjustments.]. The living wage shall be upwardly adjusted from its then-existing level annually, no later than June first, by an amount equal to the increase in the Annual Average Consumer Price Index for All Urban Consumers (CPI), Pittsburgh SMSA, as published by the Bureau of Labor Statistics, United States Department of Labor as calculated at the immediately preceding year-end.
(4) 
Phase-In for Non-Profit Organizations. A non-profit organization which is a party to a contract or series of contracts with the City of Pittsburgh, or any subcontract thereto (assistance as defined in subsections (b)(2)b. and c. herein), as of the effective date of this section, shall be subject to from the requirements of this section according to the following schedule:
a. 
Within one (1) year of the effective date of this section, upon renewal or extension of the contract(s) or subcontract(s) with the City of Pittsburgh, the non-profit organization must reduce the gap between the hourly wage of any of its employees who are earning less than the living wage (as defined in subsection (c) herein) and the living wage by no less than fifteen (15) percent (i.e., if the organization pays some of its employees one dollar ($1.00) per hour less than the living wage, the organization would be required to increase the hourly wage for those employees by fifteen cents ($0.15)).
b. 
Within two (2) years of the effective date of this section, upon renewal or extension of the contract(s) or subcontract(s) with the City of Pittsburgh, the non-profit organization must reduce the gap between the hourly wage of its employees who are earning less than the living wage and the living wage by no less than thirty-five (35) percent (i.e., using the previous example, the organization would be required to increase its employees hourly wage by an additional thirty-five cents ($0.35), assuming the living wage has not increased from the previous year).
c. 
Within three (3) years of the effective date of this section, upon renewal or extension of the contract(s) or subcontract(s) with the City of Pittsburgh, the non-profit organization must be in full compliance with the provisions of this section.
d. 
During each of the first three (3) years after the effective date of this section, no less than sixty (60) days prior to renewal or extension of the contract(s) or subcontract(s) with the City of Pittsburgh, the non-profit organization shall provide the applicable department with sufficient information to enable the applicable department to determine the non-profit organization's cost of complying with this section. Upon verifying the reasonableness and accuracy of the cost of compliance, the applicable department shall increase the non-profit organization's compensation under the contract(s) or subcontract(s) according to a formula to be established in the Annual Budget for the City of Pittsburgh. During the first year of phased in coverage under this section, the increased compensation from the applicable department shall be no less than one hundred (100) percent of the non-profit organization's reasonable cost of compliance.
e. 
During the second and third years of phased in coverage under this section, if the non-profit organization provides satisfactory evidence to the applicable department that its reasonable costs of complying with this section, minus compensation received from the applicable department and any other net increases in funding, are greater than one (1) percent of its total operating budget, the applicable department may extend implementation of phased in coverage under this section. Implementation shall only be extended to the extent necessary to bring the non-profit organization's reasonable cost of compliance within one (1) percent of its total operating budget. In no case may implementation be extended for more than three (3) one-year periods.
f. 
In order to qualify for the phased in coverage provided under this section, a non-profit organization must provide the applicable department with a current copy of the organization's articles of incorporation or similar documentation of non-profit status.
(5) 
Phase In for Start-Up and Disadvantaged Business Enterprises. A start-up business shall be one (1) with less than five (5) years of operation. A DBE is one (1) with a certification as such from either a county, state, or federal agency.
(d) 
Compliance.
(1) 
Assistance to Employers Paying Less Than Living Wage Barred. Prior to entering in any agreement between the City and a covered employer for any form of assistance, a covered employer must certify for the applicable department that it is paying each of its covered employees no less than the living wage, as defined in subsection (c)(2), and that it will grant the applicable department and the City Solicitor access to its workplace and to all books and records related to such employment. No beneficiary may enter into any contract, subcontract, lease, sublease, license or sublicense, involving assistance as defined in subsections (b)(2)c. through (b)(2)e. of this section, with any person unless such person executes a certification as described herein. Failure of a beneficiary or other person to execute a certification as required herein shall render an agreement or subagreement for assistance null and void.
(2) 
Maintenance of Payroll Records. Each covered employer shall maintain payrolls for all covered employees and basic records related thereto and shall preserve them for a period of three (3) years. The records shall contain the following:
a. 
Name and address of each employee, the job title, union membership status and job classification;
b. 
The number of hours worked each day, the gross wages, deductions made, and net wages paid;
c. 
A copy of the Social Security records, and evidence of payment thereof;
d. 
A record of fringe benefit payments including contributions to approved plans, funds or programs and/or additional cash payments; and
e. 
Any such other data as may be required by the applicable department or the living wage board from time to time.
(3) 
Compliance Documentation From Covered Employers. All payment vouchers and other requests for payment of assistance submitted by a covered employer must be accompanied by the following:
a. 
The identity of the contract or project under which the covered employer receives assistance, including the identification number for the request for proposals or other solicitation, if any;
b. 
The identity of the subcontract, sublease, or sublicense, if any;
c. 
A unique number or other means of identifying each covered employee;
d. 
For each covered employee, the number of weeks that the employee performed work on or related to the contract or project;
e. 
For each covered employee, the gross wage (both hourly and total) paid during each week that the employee performed work on or related to the contract or project;
f. 
For each covered employee, the average gross wage (both hourly and total) paid during each week that the employee performed work for the covered employer that was not on or related to the contract or project, if applicable;
g. 
For each covered employee, a statement indicating whether the employee received employer-provided health insurance benefits during each week that the employee performed work on or related to the contract or project;
h. 
The job classification, race, gender, zip code and union representation status of each covered employee;
i. 
The name, address, and telephone number of a local compliance person for the covered employer;
j. 
A signed statement by an officer having authority to bind the covered employer affirming that the above information is true and correct, under penalty of law.
(4) 
[Payment Vouchers and Other Requests for Payment.] To the extent that the covered employer has already supplied any of the information required in this section to be provided to the applicable department, a payment voucher or other request for payment of assistance need only refer to the submission in which the applicable department may locate the necessary information.
(5) 
[Documentation Required.] No assistance may be paid to a covered employer unless the covered employer provides the documentation required by this section.
(6) 
Applicable Department Duties. It shall be the responsibility of the applicable department to examine promptly all payment requests and supporting documentation for compliance. The applicable department shall cause investigations to be made as may be necessary to determine whether there has been compliance with the provisions of this section.
(7) 
Employment Agreement for Assistance.
a. 
For the purposes of this paragraph, the following terms are defined as follows:
1. 
EMPLOYMENT AGREEMENT
means a written agreement between the City of Pittsburgh and any proposed or current beneficiary that is negotiated before assistance is approved.
2. 
LOW- AND MODERATE-INCOME
means persons with incomes that are less than eighty (80) percent of median income for a family of four (4) in the Pittsburgh Standard Metropolitan Statistical Area.
b. 
Except in cases of bona fide emergency (i.e., one (1) which seriously threatens the public health, welfare or safety; endangers property; or would otherwise cause serious injury to the City, such that there is an immediate and serious need for supplies, services or construction) as determined by the applicable department, at least twenty-one (21) days before assistance is awarded or an agreement to provide assistance is signed, the person seeking an award of assistance shall submit to the Office of the City Controller a confidential notice packet for their application for assistance which shall include the following:
1. 
The identity of the contract or project under which the covered employer receives assistance, including the identification number for the request for proposals or other solicitation, if any;
2. 
The name, address, and phone number of a local contact person for the covered employer;
3. 
A workforce profile of the prospective beneficiary, including, but not limited to, number of employees who are employed within the City of Pittsburgh;
4. 
A written summary of past efforts to hire low and moderate-income residents of Pittsburgh;
5. 
A statement of projected employment needs under the anticipated award;
6. 
A written commitment to pay all covered employees a living wage, unless otherwise provided;
7. 
A statement of the projected wage levels for all covered employees in each of the five (5) subsequent years;
8. 
A written plan for the training of low-and moderate-income Pittsburgh residents for skilled positions, including signed agreements from any third parties to be responsible for training;
9. 
Numerical goals for filling new hire positions with low- and moderate-income Pittsburgh residents;
10. 
The total cost to the City of the assistance, including both expenditures by the City, as well as revenue not collected as a result of the assistance;
11. 
A projection of the net increase or decrease in jobs by job classification and wage rates that will result from the assistance.
(8) 
Posting Requirements. All covered employers shall be required to provide notice to covered employees' of their rights arising from this section. The notice will be provided by the City of Pittsburgh, and must be posted in a conspicuous place frequented by covered employees in the covered employer's workplace(s).
(9) 
Contract and Lease Requirements. Beneficiaries shall notify the applicable department of any contract, subcontract, lease, sublease, license or sublicense (assistance as defined in subsection (b)(2)c. through (b)(2)e. of this section) entered into with any person. Beneficiaries shall include compliance with this section as a condition of any such subagreement for assistance.
(e) 
Citizen Participation.
(1) 
Composition. The mayor shall appoint the living wage board which shall be comprised of seven (7) members, as follows:
Five (5) of the members of the committee shall be chosen from nominations submitted by City Council from, but not limited to, the following organizations. The committee shall include at least one (1) representative from each organization.
a. 
Community-based organizations operating solely within the City of Pittsburgh and registered with the Department of City Planning;
b. 
The Western Pennsylvania Living Wage Campaign;
c. 
The Greater Pittsburgh Chamber of Commerce;
d. 
The Allegheny County Labor Council
e. 
And neighborhood-based Merchants' associations.
(2) 
[Term.] Members of this committee shall serve a three-year term.
(3) 
Purpose. The purpose of the living wage board shall be to review the effectiveness of this section at creating and retaining living wage jobs in Pittsburgh, and in securing access to living wage jobs for low- and moderate-income Pittsburghers.
(4) 
Meetings. The living wage board shall meet quarterly and in special session as required. All meetings of the living wage board shall be open to the public. All meetings will allow for public testimony on the uses of the City assistance generally, and on specific instances of assistance or proposed assistance as received or sought by individual enterprises.
(5) 
[Access to Records; Etc.] Pursuant to its responsibilities above, the living wage board shall, upon request, have access to any records, data, and information that covered employers are required by this section to maintain.
(6) 
Officers and Procedures. Living wage board shall have the power to develop procedures and designate officers as is necessary for the completion of its responsibilities as set forth in this section.
(7) 
Living Wage Board Annual Report. Within sixty (60) days after the receipt of the annual City assistance reports required to be submitted pursuant to subsection (f)(1) of this section, the living wage board shall evaluate the effectiveness of this section and shall submit a report of its findings to the City Council. The annual report shall include:
a. 
The information specified in subsection (f)(2) of this section;
b. 
A summary of the ascertainable impact of each City subsidy program (assistance as defined in subsections (b)(2)a. and b.) on the creation and retention of living wage jobs.
c. 
The living wage board in consultation with the City Clerk shall publicize and conduct a formal, cable cast public hearing in council chambers in order to receive comments and testimony regarding the impact and effects of this section; and shall include a summary in their annual report.
(f) 
City Assistance Programs.
(1) 
Each applicable department shall submit a City assistance report with the City Controller, and submit said report to the City Council, the City Solicitor and living wage board within ten (10) working days following each calendar year.
(2) 
The report shall include:
a. 
For each assistance package or contract approved during the preceding calendar year:
1. 
The identity of the contract or project under which the covered employer receives assistance, including the identification number for the request for proposals or other solicitation, if any;
2. 
The name, address, and phone number of a local compliance person for the covered employer;
3. 
The total cost to the City of assistance provided to each beneficiary, including both expenditures by the City as well as revenue not collected as a result of the assistance;
4. 
The number of jobs within the City of Pittsburgh associated with the contract or project by job classification, wage rates, race, gender, zip code, and union representation status;
5. 
The net increases or decreases in jobs within the City of Pittsburgh associated with the contract or project by job classification, wage rates, race, gender, zip code and union representation status.
b. 
For all assistance packages or contracts approved by the applicable department during the preceding calendar year:
1. 
The aggregate number of jobs within the City of Pittsburgh by job classification, wage rates, race, gender, zip code and union representation status; and
2. 
The net increase or decrease in the aggregate number of jobs within the City of Pittsburgh, by job classification, wage rates, race, gender, zip code and union representation status.
(3) 
Creation of a task force to study the impact of living wage legislation on neighborhood based development and make recommendations to City Council no later than January 1, 2002. Task force should include community organization delegates, merchant groups, community development organizations, living wage representatives and representatives of City authorities;
(g) 
Exemptions.
(1) 
City Council may grant a partial or whole exemption from the requirements of this section.
(2) 
Grounds for granting exemptions:
a. 
General Exemptions. Exemptions may be granted where application of this section to a particular form of assistance is found by the City Solicitor to violate a specific state or federal statutory, regulatory or constitutional provision or provisions and City Council approves the exemption on that basis.
b. 
Special Employment Exemption. Through December 31, 2004, covered employers employing summer youth, intern students, and seasonal (i.e., ninety (90) working days or less in a calendar year) employees, as well as positions and programs within the City government which are meant to provide supplemental income in addition to a senior citizen's social security shall be exempt from this section with respect to those employees. Effective January 1, 2005, this exemption shall no longer be in effect.
c. 
Beneficiaries offering training under the Job Partnership Training Act (JPTA)/Workforce Investment Act (WIA) shall be exempt as to those employees participating in the training program, for a period not to exceed six (6) months.
d. 
Peculiar Harm Exemption. Otherwise covered employers may seek exemption from application of this section where the covered employer can demonstrate a specific, peculiar harm that would be felt uniquely by the covered employer seeking the exemption, if the section were to be applied. Economic harm alone will not suffice to demonstrate hardship, unless it is of a type that would not affect any other actual competitor for the contract/subcontract/lease.
(3) 
Procedures. Requests for all exemptions shall be submitted directly to the living wage board. The committee will review the request and issue a recommendation. The request for exemption and the committee's recommendation will thereafter be forwarded to City Council and the administration for consideration.
(4) 
Contents. All exemption requests shall include the following:
a. 
The nature of the assistance to which this section applies;
b. 
The specific or official name of the assistance and assistance program, the statutory or regulatory authority for the granting of the assistance, and a copy of that authority;
c. 
A statement of the grounds for exemption;
d. 
The number of employees covered by the exemption.
(5) 
In addition to the requirements in subsection (4) above, all requests for a youth employment exemption shall include the following:
a. 
Documentation that the covered employer is an organization that regularly employs individuals in a summer youth program, school-to-work program or other related seasonal work; and
b. 
For each employee for which an exemption is sought, the employee's age and the anticipated end date of employment.
(6) 
In addition to the requirements in subsection (4) above, all requests for a job training exemption shall include the following:
a. 
For each employee for which an exemption is sought, documentation that the covered employer is providing training under the Job Training Partnership Act (JTPA)/Workforce Investment Act (WIA); and
b. 
For each employee for which an exemption is sought, the anticipated end date of training.
(7) 
In addition to the requirements in subsection (4) above, all requests for an exemption for conflict with other legal requirements shall include the following:
a. 
The conflicting statutory, regulatory or constitutional provision(s) that make compliance with this section unlawful and a copy of each such provision; and
b. 
A factual explanation and legal analysis of how compliance with this section would violate the cited provision(s) and the legal consequences that would attach if this violation were to occur;
(8) 
In addition to the requirements in subsection (4) above, peculiar harm exemption requests shall include the following:
a. 
A detailed explanation of how the payment of a living wage will cause peculiar harm, including supporting financial statements.
(h) 
Enforcement.
(1) 
Complaint Procedures B. Any individual or organization (covered or non-covered), or other person who alleges direct harm as a result of non-compliance with this section, or the living wage board, may file a complaint with the applicable department, which shall provide a copy of the complaint to the living wage board and to each beneficiary involved within five (5) business days. Statements, written or oral, made by an employee, shall be treated as confidential and shall not be disclosed without the employee's consent.
(2) 
Hearings. The living wage board shall determine the need for a public hearing on the complaint. If a hearing is deemed necessary, it shall be scheduled and conducted by the living wage board, through the assistance of the City Clerk, with thirty (30) days notice of the hearing provided to the City Solicitor, the covered employer, the complaining party or parties, and the applicable department.
(3) 
Review and Investigations. The applicable department shall review and investigate the charges, including any finding from the hearing and shall make a decision of compliance or noncompliance.
a. 
Covered Employer to Cooperate. The covered employer shall permit City representatives and members of the living wage board to observe work being performed upon the work site, to interview employees and examine the books and records relating to the payrolls being investigated to determine whether or not the covered employer is in compliance with this section.
(4) 
Finding of Noncompliance. If at any time the applicable department, upon investigation of a complaint or upon independent investigation, finds that a violation of this section has occurred, it shall issue a finding of noncompliance/notice of corrective action to the covered employer. The finding of noncompliance shall specify the areas of noncompliance, indicate such corrective action (including wage restitution) as may be necessary to achieve compliance, and impose deadlines for achieving compliance.
(5) 
Dispute of Finding of Noncompliance. A covered employer may dispute a finding of noncompliance/notice of corrective action by requesting a hearing with the City Solicitor, within thirty (30) days of the date of the finding. The City Solicitor shall appoint a hearing officer, who shall affirm or reverse the finding of noncompliance based upon evidence presented by the applicable department and the covered employer. Where the finding of noncompliance/notice of corrective action requires wage restitution, the covered employer must, as a precondition to a request for a hearing, provide evidence that such wages have either been paid or placed into an escrow account for the satisfaction of the judgment of the hearing officer. A covered employer who does not request a hearing, or who fails to pay or escrow wages as provided herein, waives the right to dispute a finding of noncompliance. A finding of noncompliance/notice of corrective action shall become final if either the covered employer fails to request a hearing within thirty (30) days as provided in this paragraph, or the hearing officer affirms such finding after a hearing.
(6) 
[Monitoring of Covered Employers; Requirements, Etc.] The applicable department shall monitor the covered employer's progress in satisfying the requirements of a notice of corrective action. No assistance may be paid to a covered employer until the applicable department determines that the requirements of any notice of corrective action have been satisfied.
(7) 
Referral for Imposition of Sanctions. If the applicable department determines that a covered employer has willfully or repeatedly (more than twice in a three-year period) failed to comply with this section, or has failed to comply for more than sixty (60) days after a notice of corrective action has become final, the applicable department shall (in addition to issuing a finding of noncompliance pursuant to subsection (4), above) refer the matter to the City Solicitor for the imposition of sanctions. The City Solicitor shall investigate the referral and may require the production by the covered employer of such evidence as is necessary to resolve the matter. If the City Solicitor finds that a covered employer has willfully or repeatedly failed to comply with this section, it may impose any or all of the sanctions provided in subsection (i)(1), below. If the City Solicitor finds that a covered employer has failed to comply for more than sixty (60) days after a notice of corrective Action has become final, it shall impose the sanctions provided in subsection (i)(2), below. A covered employer may dispute the imposition of sanctions by requesting a hearing as provided in subsection (h)(5), above. In such a case, no person who participated in the decision to impose sanctions may serve as hearing officer.
(8) 
Referral for Criminal Investigation. If at any time the applicable department or City Solicitor determine that a criminal violation may have occurred, including but not limited to a violation of the prohibition against unsworn falsification of statements to authorities, the applicable department or City Solicitor shall refer the matter to the district attorney for criminal investigation.
(9) 
Enforcement Powers. If necessary for the enforcement of this section, the presiding officer of the living wage board shall submit to City Council a report and formal request for the issuance of subpoenas, to compel the attendance and testimony of witnesses and production of books, papers, records and documents relating to payroll records necessary for hearing, investigations, and proceedings. In case of disobedience of a subpoena, the City Solicitor may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records and documents, and other relief as the court deems appropriate.
(10) 
Retaliation and Discrimination Barred. A covered employer shall not discharge, reduce the compensation or otherwise discriminate against any employee for making a complaint to the employer, its agents, the applicable department, or the City Solicitor, or otherwise asserting his or her rights under this section, participating in any of its proceedings or using any civil, statutory or collective bargaining remedies to enforce his or her rights under this section. The City Solicitor shall investigate allegations of retaliation or discrimination. If, after notice and an opportunity for a hearing, the allegations are found to be true, the City Solicitor may order appropriate relief, including restitution, and reinstatement of a discharged employee with back pay to the date of the violation. Nothing in this section will be construed to conflict with, interfere with or supersede any rights collectively bargained for by any union represented covered employees. A covered employer may dispute a finding of retaliation or discrimination by requesting a hearing as provided in subsection (5) above.
(11) 
[Activity with Intent to Evade Coverage Prohibited; Business Justification, Etc.] A covered employer shall not engage in any activity with the intent of evading the coverage of this section. Prohibited activities include, but are not limited to, business reorganization, subcontracting, or subleasing, where such activity has the effect of limiting or avoiding the coverage of this section, unless the covered employer demonstrates to the satisfaction of the City Controller and the City Solicitor that there is a compelling independent business justification for such activity.
(i) 
Sanctions.
(1) 
In the event that the City Solicitor or a designated hearing officer shall determine that any covered employer willfully or repeatedly (more than twice in a three-year period) failed to comply with this section, the City Solicitor or a designated hearing officer may order any or all of the following penalties and relief:
a. 
Fines in the sum of five hundred dollars ($500.00) for each week for each employee found to have not been paid in accordance with this section;
b. 
Wage restitution for each affected employee;
c. 
A directive to the applicable department to withhold any payments due the covered employer, and to apply such payments to the payment of fines or the restitution of wages;
d. 
Rescission of any contract or grant of assistance; and
e. 
Ineligibility for future City assistance for three (3) years or until all penalties and restitution has been paid in full, whichever is longer. Said ineligibility shall apply to the covered employer and to any affiliate, controlled organization, controlling organization, reconstituted organization, and/or organization having an identity of interest with the covered employer.
(2) 
In the event the City Solicitor or hearing officer determines that a covered employer has failed to comply for more than sixty (60) days after a notice of corrective action has become final, or in the event the hearing officer determines that any portion of a covered employer's dispute of a finding of noncompliance is frivolous or was brought for the purpose of delaying compliance, the City Solicitor, county or hearing officer, in addition to the sanctions that may be imposed pursuant to subsection (1), above, shall order the following penalties:
a. 
A directive to the applicable department to withhold any payments due to the covered employer for the satisfaction of wage restitution and/or fines;
b. 
Rescission of any contract or grant of assistance; and
c. 
Ineligibility for future assistance for a period of three (3) years or until all penalties and restitution have been paid in full, whichever is longer. Said ineligibility shall apply to the covered employer and to any affiliate, controlled organization, controlling organization, reconstituted organization and/or organization having an identity of interest with the covered employer.
(3) 
Remedies Herein Non-Exclusive. No remedy set forth in this section is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce any rights granted under this section in a court of law.
(4) 
Private Right of Action. Any covered employee, or any person who was formerly employed by a beneficiary, may bring an action to enforce the provisions of this section to recover back pay and benefits, attorneys fees and costs, in any court of competent jurisdiction.
(5) 
This section shall not be construed to limit an employee's civil remedies under any federal, state, or local laws relating to employment.
(6) 
Nothing in this section shall be construed to conflict with, interfere with or supersede any rights collectively bargained for by any union representing covered employees.
(7) 
Injunctive relief shall be available in any court of competent jurisdiction to compel a predecessor contractor to produce a list of employees for the purpose of determining eligibility under the provisions of this section, to enforce a decision of a hearing officer, or to enforce any other provision of this section.
(j) 
Community Jobs.
(1) 
First Source Hiring Agreement. Covered employers who receive economic development assistance from the City (assistance as defined in subsection (b)(2)a. of this section) shall, prior to the receipt of such assistance, provide the applicable department with one (1) or more signed first source hiring agreements between the covered employer and the City of Pittsburgh CareerLinks System. The first source hiring agreement shall stipulate that:
a. 
For any job opening to be filled in connection with any project for which the covered employer receives assistance, the covered employer shall notify a member of the CareerLinks System covered of the availability of the position, including a job description, wages, benefits, period of employment, and minimum qualifications;
b. 
For any such job opening, the covered employer shall not advertise, announce, or recruit for open positions covered by the agreement, without having first notified a member of the CareerLinks System.
c. 
For any such job opening, the covered employer shall hire from among qualified individuals referred by a member of the CareerLinks System;
d. 
For any such job opening, the covered employer shall not hire from a source other than a member of the CareerLinks System covered by the agreement, unless the covered employer can demonstrate that no qualified applicants were referred within a period of fifteen (15) days after the date of notification;
(2) 
Protection of Union Jobs. In no instance shall a covered employer employ individuals pursuant to this section where such employment would result in the displacement of its employees already covered by a collective bargaining agreement. Nor shall a covered employer construe this section as requiring or authorizing the covered employer to refuse to bargain in good faith for the extension or renewal of a collective bargaining agreement covering its employees.
(k) 
Responsible and Harmonious Labor Practices Encouraged. In order to prevent disruption of goods and services being provided to or on behalf of the City of Pittsburgh and its residents, the City of Pittsburgh shall, to the greatest extent feasible, give preference for assistance to businesses that engage in responsible and harmonious labor relations.
(l) 
Union Neutrality. Beneficiaries of City of Pittsburgh Assistance, as that term is defined in paragraph (b) of this section, shall not use City funds to support or oppose unionization, including but not limited to, preparation or distribution of materials which advocate for or against unionization; hiring or consulting legal counsel or other consultants to advise the beneficiary about how to assist, promote or deter union organizing or how to impede a union which represents the beneficiary's employees from fulfilling its representational responsibilities; holding meetings to influence employees about unionization; planning or conducting activities by supervisors to assist, promote or deter union activities; or defending against unfair labor practice charges brought by federal or state enforcement agencies.
(m) 
Liberal Interpretation of Coverage. This section shall be liberally construed so as to effectuate its purposes of promoting the retention and creation of jobs and improving the economic conditions of Pittsburgh residents. Any disputes as to whether an employer or a particular type of assistance is covered by this section shall be resolved by application of a rebuttable presumption of coverage.
(n) 
Severability. In the event any provision of this section shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof.
(o) 
Authorities, Agencies and Other Public Entities. All contracts, cooperation agreements, and other agreements entered into between the City and any authority, agency or public entity after the effective date of this section shall require the authority, agency or public entity to comply with the provisions of this section (including the employment and monetary thresholds contained herein) in connection with any program funded in whole or in part with City assistance as defined in subsections (b)(2)a. through e. of this section.
(p) 
Further Regulatory Guidelines. The mayor and administration are hereby authorized to promulgate at his/her discretion additional regulatory guidelines in order to effectuate this section.
(q) 
[Effective Date.] This section shall be effective on April 1, 2002.
[1]
Editor's Note: The provisions of this ordinance were originally designated as § 161.33 but were renumbered due to a previously existing § 161.33.
[2]
Editor's Note: Ord. 9-2002 provided that: "The implementation of Section 161.33 [161.35] Title 1, Administrative, Chapter 161 is delayed until such time that Allegheny County implements a legally enforceable Living Wage Ordinance."
[Ord. No. 8-2009, § 1, eff. 5-15-2009]
All vendor RFP responses should include a disclosure of any finder's fees, fee splitting, firm affiliation or relationship with any broker-dealer, payments to consultants, lobbyists, or commissioned representatives or other contractual arrangements of the firm that could present a real or perceived conflict of interest.
[Ord. No. 9-2009, § 1, eff. 5-15-2009]
(a) 
Legislative Intent.
(1) 
City Government functions to serve the needs of all citizens.
(2) 
The citizens of the City of Pittsburgh have a right to know the identity of interests which attempt to influence decisions of City government.
(3) 
All persons engaged in compensated lobbying activities aimed at influencing decisions by City government must, when so engaged, be subject to the same regulations, restrictions and requirements, regardless of their background, training or other professional qualifications or license.
(4) 
Complete public disclosure of the full range of activities by and financing of lobbyists and those who employ their services is essential to the maintenance of citizen confidence in the integrity of local government.
(5) 
It is in the public interest to adopt these amendments to the City's regulations of lobbyists to ensure adequate and effective disclosure of information about efforts to lobby City government.
(b) 
Definitions.
CLIENT
(1) the person who compensates a lobbyist or lobbying firm for the purpose of attempting to influence municipal legislation and (2) the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal legislation, even if the lobbyist or lobbying firm is compensated by another person for such representation. However, if a lobbyist or lobbying firm represents a membership organization and individual members of that organization, an individual member is not a client solely because the member is individually represented by the lobbyist or lobbying firm unless the member makes a payment for such representation in addition to usual membership fees.
DIRECT COMMUNICATION
appearing as a witness before, talking to (either by telephone or in person), corresponding with, or answering questions or inquiries from, any City official or employee, either personally or through an agent who acts under one's direct supervision, control or direction.
ELECTIVE CITY OFFICER
the Mayor, Controller and City Council Member.
LOBBYING ACTIVITIES
includes the following and similar compensated conduct when that conduct is related to a direct communication to influence any municipal legislation:
(1) 
Engaging in, either personally or through an agent, written or oral direct communication with a City official;
(2) 
Drafting ordinances, resolutions or regulations;
(3) 
Providing advice or recommending strategy to a client or others;
(4) 
Research, investigation and information gathering;
(5) 
Seeking to influence the position of a third party on municipal legislation or an issue related to municipal legislation by any means, including but not limited to engaging in community, public or press relations activities; and
(6) 
Attending or monitoring City meetings, hearings or other events.
LOBBYIST
any individual who is compensated to spend thirty (30) or more hours in any consecutive three-month period engaged in lobbying activities which include at least one (1) direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any other person. Compensation does not include reimbursement of or payment for reasonable travel expenses. A person receives compensation within the meaning of this definition whether or not the compensation is received solely for activities regulated by this Section or is received for both lobbying activities and other activities as well. However, only the compensation for the lobbying activities shall be calculated to determine whether an individual qualifies as a lobbyist. An individual becomes entitled to receive compensation when the individual agrees to provide services regulated by this Section, or performs those services, regardless of whether payment is contingent on the accomplishment of the client's purposes. A lobbyist includes a person who owns an investment in a business entity if that person attempts to influence municipal legislation on behalf of the business entity and if the person acquires the investment as compensation for his or her lobbying services or in contemplation of performing those services.
(c) 
Exemptions. The following persons are exempt from the requirements of this Section:
(1) 
Any public official acting in his or her official capacity, and any government employee acting within the scope of his or her employment.
(2) 
A newspaper or other regularly published periodical, radio or television station or network, including any individual who owns, publishes or is employed by such newspaper, periodical or station or network, when, in the ordinary course of its business, it publishes or broadcasts news, editorials or other comments, or paid advertising, which directly or indirectly attempts to influence action on municipal legislation. This exemption does not apply to any other action by any such newspaper, periodical, station or network, or by any such person, to attempt to influence municipal legislation, if such activity otherwise regulated by this Section.
(3) 
A person acting without any compensation or consideration other than reimbursement or payment of reasonable travel expenses.
(4) 
Any person whose only activity is submitting a bid on a competitively bid contract, submitting a written response to or participating in an oral interview for a request for proposals or qualifications, or negotiating the terms of a written agreement with any City agency if selected pursuant to that bid or request for proposals or qualifications. Except with regard to persons covered by subsections (5) and (6), this exemption shall not apply to any person who attempts to influence the action of the Mayor or Mayor's staff, any member of the City Council or their staffs, or any board or commission member with regard to any such contract.
(5) 
Any organization exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, which receives funding from any federal, state or local government agency for the purpose of representing the interests of indigent persons and whose primary purpose is to provide direct services to those persons, if the individual or individuals represented by the organization before any City agency provide no payment to the organization for that representation. This exemption shall not apply to direct contracts with a City official in other than a publicly noticed meeting, for the purpose of attempting to influence a City decision with regard to any City funding which the organization is seeking.
(6) 
Any person employed by an organization described in Subsection (5) with respect to his or her activities as an employee of the organization.
(d) 
Registration.
(1) 
Requirement. An individual who qualifies as a lobbyist shall register with the City Controller within ten (10) days of the date that the individual qualifies as a lobbyist. If a person is not registered as a lobbyist, but is performing acts which would require that person to so register, that person may continue to act as a lobbyist so long as the person registers with the City Controller within ten (10) days after the person knew or should have known of the obligation to register. A lobbyist shall register each client on whose behalf or from which the lobbyist receives compensation for engaging in lobbying activities related to attempting to influence municipal legislation.
(2) 
Duration of Status. A person who registers as a lobbyist shall retain that status through December 31 of that year unless and until that person terminates the status as set forth below.
(3) 
Registration Fees. Every lobbyist shall pay an annual registration fee of one hundred dollars ($100.00).
(4) 
Contents of Registration Statements. Registration statements of lobbyists shall contain the following:
a. 
The lobbyist's name, business address, and business telephone number.
b. 
The lobbying firm, if any, of which the lobbyist is an employee, partner, officer or owner.
c. 
A statement that the lobbyist has reviewed and understands the requirements of this Article.
(5) 
Amendments to Registrations. Lobbyists shall file amendments to their registration statements within ten (10) days of any change in information required to be set forth on the registration statement.
(6) 
Termination. Any person registered under this Section shall file a registration termination form with the City Controller within ten (10) days after ceasing all activity governed by this Section.
(e) 
Compliance Measures and Enforcement.
(1) 
Audits. The City Controller shall have the authority to conduct audits of reports and statements filed pursuant to this Section. Such audits may be conducted on a random basis or when the City Controller has reason to believe that a report or statement may be inaccurate or has not been filed.
(2) 
Civil Enforcement.
a. 
Any person who knowingly violates any provision of this Section shall be liable in a civil action brought by the City Solicitor. Any violation may result in civil penalties no greater than two thousand dollars ($2,000.00). If the court determines that a violation was intentional, the court may order that the defendant be prohibited from acting as a lobbyist or otherwise attempting to influence municipal legislation for one (1) year.
b. 
In determining the amount of liability pursuant to this subsection, the court shall take into account the seriousness of the violation and the degree of culpability of the defendant.
c. 
If two (2) or more persons are responsible for any violation, they shall be jointly and severally liable.
d. 
No civil action alleging a violation of this Section shall be filed more than four (4) years after the date the violation occurred.
(3) 
Injunction. The City Solicitor may seek injunctive relief to enjoin violations of or to compel compliance with the provisions of this Section.
(f) 
Severability. If any provision of this article, or its application to any person or circumstance, is held invalid by any court, the remainder of this article and its application to other persons and circumstances, other than that which has been held invalid, shall not be affected by such invalidity, and to that extent the provisions of this article are declared to be severable.
[Ord. No. 1-2010, § 2, eff. 2-18-2010; Ord. No. 8-2019, § 1, eff. 3-7-2019; Ord. No. 21-2023, § 1, eff. 9-22-2023]
I. 
Prevailing Wages Required.
A. 
Building service and food service employees shall be paid at least the prevailing wage according to their job classification for all work performed pursuant to a City service contract.
B. 
Building service, food service, hotel, and grocery employees shall be paid at least the prevailing wage according to their job classification for all work performed on or related to projects that will receive a City subsidy approved after this ordinance takes effect, provided such employees work on the project at least fifty (50) hours per year. With respect to building service and food service employees, developers, owners, managers, and contractors shall be obligated to ensure that such employees are paid a prevailing wage.
II. 
Definitions.
A. 
BUILDING SERVICE EMPLOYEE
shall mean a person performing work in connection with the care and maintenance of property, including but not limited to watchman, security officer, concierge, doorperson, cleaner, janitor, custodian, superintendent, porter, engineer, maintenance person, handyperson, elevator operator, elevator starter, window cleaner, and groundskeeper.
B. 
FOOD SERVICE EMPLOYEE
shall mean a person performing work in connection with the preparation and service of food and beverages, including but not limited to cafeteria attendant, line attendant, cook, preparatory cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, food or merchandise vendor, pantry worker, waiter, and waitress, but shall exclude employees directly employed by independently-owned restaurants other than cafeterias.
C. 
HOTEL EMPLOYEE
shall mean a person performing work in connection with the care and maintenance of hotels and servicing of hotel guests, including but not limited to housekeeper, kitchen employee, laundry employee, room attendant, house attendant, public area attendant, turndown attendant, bell attendant, door attendant, driver, telephone operator, server, bus attendant, bartender, cashier, host, concierge, reservation attendant, and front desk attendant.
D. 
GROCERY EMPLOYEE
Shall mean a person performing work in connection with the preparation and selling of merchandise in grocery stores, including but not limited to chief meat cutter, assistant chief meat cutter, meat cutter, apprentice meat cutter, wrapper, manager, assistant manager, lead, front-end coordinator, clerk, chef, cook, baker, cake decorator, and receiver.
E. 
BUILDING SERVICE WORK
for purposes of subsection II(G) shall mean work in connection with the care and maintenance of any type of building, including but not limited to commercial office buildings, institutional buildings, and residential buildings.
F. 
FOOD SERVICE WORK
for purposes of subsection II(G) shall mean work in connection with the preparation and service of food and beverages in cafeterias in any type of building, including but not limited to commercial office buildings, institutional buildings, and residential buildings. "Food service work" shall not include direct employment in independently-owned restaurants other than cafeterias.
G. 
CITY SERVICE CONTRACT
shall mean any contract for the performance of building service or food service work entered into by the City with any contractor to perform building service or food service work in an amount over one hundred thousand dollars ($100,000.00). "City service contract" shall also mean any subcontract for building service or food service work, regardless of whether the primary contract is for such work.
H. 
CITY SUBSIDY
shall mean any grant, loan that is forgiven or discounted below the market rate over the life of the loan, bond financing, infrastructure improvements related to a project, below-market sale or lease of property, or other form of financial assistance related to a project with an aggregate value of at least one hundred thousand dollars ($100,000.00) but shall not include an educational or training grant. For purposes of determining whether the assistance threshold is met, all affiliates, controlled organizations, controlling organizations, and/or organizations having an identity of interest with the assistance recipient shall be treated as a single entity. Market value shall be determined by a third party that shall not include the City or the City subsidy recipient.
I. 
CITY
shall mean the City of Pittsburgh and any related City agency, department, or authority.
J. 
PROJECT
for purposes of Section I(B) shall mean any of the following: (1) a commercial office building of at least one hundred thousand (100,000) square feet, or a commercial office complex totaling at least one hundred thousand (100,000) square feet; (2) a residential building of at least fifty (50) units; (3) a building of at least one hundred thousand (100,000) square feet containing commercial office space and residential units; (4) a hotel or motel of at least one hundred thousand (100,000) square feet; (5) a building of at least one hundred thousand (100,000) square feet containing hotel or motel units and residential units; (6) a building of at least one hundred thousand (100,000) square feet containing hotel or motel units and commercial office space; (7) a store having grocery sales floor area (selling items which are commonly found in a grocery store) space of at least twenty-five thousand (25,000) square feet; (8) a shopping mall of at least one hundred thousand (100,000) square feet; (9) a sports stadium, performance hall or amphitheater larger than one hundred thousand (100,000) square feet; (10) a library; (11) a college or university of at least one hundred thousand (100,000) square feet; (12) a museum and other cultural institution of at least one hundred thousand (100,000) square feet; (13) a distribution center, warehouse or other industrial facility of at least one hundred thousand (100,000) square feet; and (14) a parking facility of at least one hundred thousand (100,000) square feet. The determination of the minimum square footage and minimum units shall be updated to reflect any expansion of the Project, including any additional phase in a multi-phase Project. "Complex" shall mean two (2) or more buildings that are commonly owned managed or operated and either (a) in close physical proximity; or (b) developed pursuant to a common development plan or financed pursuant to a common plan of financing. All affiliates, controlled entities, controlling entities, agents, successors, and assigns shall be considered to be a single entity for the purposes of determining common ownership, management, or operation. The determination of the minimum square footage and minimum units shall be updated to reflect any expansion of the Project, including any additional phase in a multi-phase Project. "Complex" shall mean two (2) or more buildings that are commonly owned managed or operated and either (a) in close physical proximity; or (b) developed pursuant to a common development plan or financed pursuant to a common plan of financing. All affiliates, controlled entities, controlling entities, agents, successors, and assigns shall be considered to be a single entity for the purposes of determining common ownership, management, or operation.
K. 
PREVAILING WAGE
shall mean:
(1) 
for building service and food service employee (a) the aggregate of (i) the higher of either the wage paid to the median number of employees in the job classification at similar locations in the City of Pittsburgh, or the wages determined by the Secretary of Labor for the job classification under the Service Contract Act, 41 U.S.C. § 351 et seq.; and (ii) the higher of either the additional benefits given to the median number of employees in the job classification at similar locations in the City of Pittsburgh, which shall be converted to an hourly wage supplement, or the additional benefits determined by the Secretary of Labor for the job classification under the Service Contract Act, 41 U.S.C. § 351 et seq.; and (b) the greater amount of either (i) the paid leave provided to the median number of employees in the job classification at similar locations in the City of Pittsburgh, which shall not be converted to an hourly wage supplement, or (ii) the paid leave determined by the Secretary of Labor for the job classification under the Service Contractor Act, 41 U.S.C. §351 et seq.
"Similar locations" for (a) building service workers in commercial or institutional buildings, shopping malls, and sports stadiums shall mean commercial office buildings of at least one hundred thousand (100,000) square feet; (b) building service workers in residential buildings shall mean residential buildings of at least fifty (50) units; and (c) for food service workers shall mean cafeterias in commercial office or institutional buildings of at least one hundred thousand (100,000) square feet.
(2) 
for hotel employee (a) the aggregate of (i) the wage paid to the median number of employees in the job classification in hotels of at least one hundred thousand (100,000) square feet in the City of Pittsburgh; and (ii) the additional benefits given to the median number of employees in the job classification in hotels of at least one hundred thousand (100,000) square feet in the City of Pittsburgh, which shall be converted to an hourly wage supplement; and (b) the paid leave provided to the median number of employees in the job classification in hotels of at least one hundred thousand (100,000) square feet in the City of Pittsburgh, which shall not be converted to an hourly wage supplement.
(3) 
for grocery employee the (a) aggregate of (i) the wage paid to the median number of employees in the job classification in grocery stores in the City of Pittsburgh having grocery space of at least thirty thousand (30,000) square feet; and (ii) the additional benefits given to the median number of workers in the job classification at grocery stores in the City of Pittsburgh having grocery space of at least thirty thousand (30,000) square feet, which shall be converted to an hourly wage supplement; and (b) the paid leave provided to the median number of employees in the job classification in grocery stores in the City of Pittsburgh having retail space of at least thirty thousand (30,000) square feet, which shall not be converted to an hourly wage supplement.
(4) 
For all classifications of employees described above in subsections (1)—(3), the prevailing wage shall mean the higher of either the prevailing wage determined pursuant to subsections (1)—(3), or the wage required by any other provision in the Pittsburgh Code of Ordinances for such classification.
L. 
INSTITUTION
shall mean a group of buildings or structures that are under common or related ownership, that are located in a contiguous area, not withstanding rights-of-ways; that contain two (2) or more different uses as integral parts of the functions of the organization, such that different structures contain different primary uses; and that contain a combined minimum of one hundred thousand (100,000) total square feet of gross floor area.
M. 
COMPLEX
shall mean two (2) or more buildings that are commonly owned managed or operated and either (a) in close physical proximity; or (b) developed pursuant to a common development plan or financed pursuant to a common plan of financing. All affiliates, controlled entities, controlling entities, agents, successors, and assigns shall be considered to be a single entity for the purposes of determining common ownership, management, or operation.
N. 
COVERED EMPLOYER
shall mean any employer obligated to pay employees a prevailing wage pursuant to the City Code of Pittsburgh Title 1, Article VII, Section 161.38(I)(A) and (B).
III. 
Periodic Wage Determinations. The Controller shall issue prevailing wage determinations at least once every 12 months, and as frequently as necessary to reflect any increases in the prevailing wage, and shall post such determinations on the official City web site. Wage rates of employees shall be increased accordingly, and in the case of City service contracts, the contractor's billable rate under the City service contract shall be increased accordingly.
IV. 
Required Recordkeeping and Notice Posting.
A. 
Every covered employer shall keep an accurate record showing the name, address, job classification, wages and benefits paid or provided, and number of hours worked for each employee. The record shall be preserved for two (2) years from date of final payment. The records shall be available for inspection by the Mayor's Office of Equal Protection at all reasonable hours, and the covered employer shall permit the Mayor's Office of Equal Protection to interview employees during hours on the job.
B. 
At least once per quarter, every covered employer shall file Federal Form WH-347, or its equivalent, for each week of employee pay, with the Office of Management and Budget. This form shall specify for each employee the employee's name, address, Social Security Number, job classification, hourly wage rate paid, the number of hours worked each day, the number of hours worked each week, all deductions made from gross pay, and net weekly pay. Every covered employer shall file a quarterly statement with the Office of Management and Budget certifying that all workers have been paid no less than the wage required by their contract, or if any wages remain unpaid to set forth the amount of wages due and owing to each worker respectively, and that the job classification for each employee conforms with the work performed. Social security numbers shall be kept confidential by the Office of Management and Budget, unless otherwise required by law.
C. 
The Mayor's Office of Equal Protection must notify in writing all covered employers at least once every twelve (12) months of their obligation to file at least quarterly the Federal Form WH-347, or its equivalent, for each week of employee pay, with the Office of Management and Budget. The notification must include a copy of Federal Form WH-347 with instructions for completing the form, the dates that the completed form is due throughout the proceeding twelve (12) months, contact information for an employee within the Mayor's Office of Equal Protection where questions can be referred, a notice of the penalties that can be assessed if the covered employer becomes non-compliant, and a poster no smaller than standard letter size that includes the name, address and telephone number of the Mayor's Office of Equal Protection, the applicable prevailing wages for the job classifications at the covered employer, and a statement advising workers that if they have been paid less than the prevailing wage rate they may notify the Mayor's Office of Equal Protection and request an investigation. The Mayor's Office of Equal Protection's failure to provide the previously described written notification to covered employers does not relieve covered employers of their obligation under this law.
D. 
Every covered employer shall post at the job site in an area easily accessible by all employees the name, address and telephone number of the Mayor's Office of Equal Protection, the applicable prevailing wages for the job classification, and a statement advising workers that if they have been paid less than the prevailing wage rate they may notify the Mayor's Office of Equal Protection and request an investigation.
V. 
Enforcement.
A. 
Complaint Procedure. The Mayor's Office of Equal Protection shall provide a complaint form on the official City website. Any individual or organization may file a complaint with the Mayor's Office of Equal Protection for any violation of this section.
B. 
Review and Investigation. The Mayor's Office of Equal Protection shall review and investigate the complaint and shall make a finding of compliance or noncompliance within ninety (90) days of the complaint being filed, including a determination of whether an employer is covered by this law. The covered employer shall permit the Mayor's Office of Equal Protection to observe work being performed upon the work site, to interview employees, and examine the books and records relating to the payrolls being investigated to determine whether or not the covered employer is in compliance with this section. Failure of the Mayor's Office of Equal Protection to issue a finding of compliance or noncompliance does not relieve the covered employer of their obligations under this law.
C. 
Finding of Noncompliance. If at any time the Mayor's Office of Equal Protection, upon investigation of a complaint or upon independent investigation, finds that a violation of this section has occurred, it shall issue a finding of noncompliance and notice of corrective action to the covered employer. The finding of noncompliance shall specify the areas of noncompliance, indicate such corrective action as may be necessary to achieve compliance, and impose deadlines for achieving compliance.
D. 
Dispute of Finding of Noncompliance. A covered employer may dispute a finding of noncompliance and notice of corrective action by requesting a hearing within thirty (30) days of the date of the finding. The Controller shall appoint a hearing officer, who shall affirm or reverse the finding of noncompliance based upon evidence presented by the Mayor's Office of Equal Protection and the covered employer. A covered employer who does not request a hearing waives the right to dispute a finding of noncompliance. A finding of noncompliance and notice of corrective action shall become final if either the covered employer fails to request a hearing within thirty (30) days as provided in this paragraph, or the hearing officer affirms such finding after a hearing.
E. 
Referral for Criminal Investigation. If at any time the Mayor's Office of Equal Protection, Controller, or other applicable department determines that a criminal violation may have occurred, including but not limited to a violation of the prohibition against unsworn falsification of statements to authorities, the Mayor's Office of Equal Protection, Controller, or other applicable department shall refer the matter to the district attorney for criminal investigation.
F. 
Subpoena Powers. If necessary for the enforcement of this section, the Mayor's Office of Equal Protection and/or Controller may issue subpoenas to compel the attendance and testimony of witnesses and production of books, papers, records and documents relating to payroll records necessary for hearing, investigations, and proceedings. In case of disobedience of a subpoena, the Mayor's Office of Equal Protection and/or Controller shall apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records and documents, and other relief as the court deems appropriate.
G. 
Retaliation Barred. A covered employer shall not discharge, reduce the compensation or otherwise retaliate against any employee for making a complaint to the covered employer, its agents, the applicable department, or the Mayor's Office of Equal Protection, to enforce his or her rights under this section. The Mayor's Office of Equal Protection shall investigate allegations of retaliation or discrimination. If, after notice and an opportunity for a hearing, the allegations are found to be true, the Mayor's Office of Equal Protection shall order appropriate relief, including reinstatement of a discharged employee with back pay. A covered employer may dispute a finding of retaliation or discrimination by requesting a hearing as provided in subsection D. above.
H. 
Violation by a subcontractor of a covered employer shall also be deemed a violation by the covered employer.
VI. 
Sanctions.
A. 
In the event the Mayor's Office of Equal Protection or hearing officer determines that a covered employer has failed to comply for more than sixty (60) days after a notice of corrective action has become final, or in the event the hearing officer determines that any portion of a covered employer's dispute of a finding of noncompliance is frivolous or was brought for the purpose of delaying compliance, the Mayor's Office of Equal Protection or hearing officer shall order the following penalties and relief: (1) wage restitution for the affected employee(s); (2) liquidated damages in the amount of three (3) times the wages owed; (3) a directive to the applicable department to withhold any payments due the covered employer, and to apply such payments to the payment of fines or the restitution of wages; (4) attorneys' fees; and (5) rescission of any City service contract.
B. 
In the event that the Mayor's Office of Equal Protection or hearing officer determines that a covered employer has willfully or more than twice in a three-year period failed to comply with this section, the Mayor's Office of Equal Protection or hearing officer, in addition to the sanctions that may be imposed pursuant to subsection (A), shall (1) in the case of a City service contract, order debarment of the contractor pursuant to Section 161.22(b)(4); and (2) in the case of a project receiving a City subsidy, order the payment of a fine in the amount of no less than thirty thousand dollars ($30,000.00).
VII. 
Regulations. The Mayor's Office of Equal Protection may issue regulations to implement the provisions of this section.
VIII. 
Severability. In the event any provision of this section shall be held invalid or unenforceable in any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions thereof
[Ord. No. 11-2010, 2. eff. 5-7-2010; Ord. No. 45-2021, § 1, eff. 11-30-2021[1]]
(a) 
Definitions.
(1) 
CITY OF PITTSBURGH or CITY
means the elected officials and employees of the municipal government and all authorities.
(2) 
SUSTAINABLE PROCUREMENT
means buying products and services that have a lesser effect on the environment and human health when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.
(3) 
SOCIALLY RESPONSIBLE PROCUREMENT
means a framework of measurable policies and procedures and resulting behavior designed to benefit the workplace and, by extension, the individual, the organization, and the community.
(4) 
ENVIRONMENTALLY PREFERABLE PRODUCT
means products and services that have a lesser effect on the environment and human health when compared with competing products.
(5) 
SOCIALLY RESPONSIBLE PRODUCT
means product or service provided by a supplier that works to advance the outcomes of inclusion, diversity, equity and well-being.
(6) 
PRACTICABLE
means sufficient in performance and available at a reasonable price.
(7) 
RECYCLED MATERIAL
means material that has been diverted or recovered from solid waste, and used in place of raw virgin material in producing a product. It is made from post-consumer recycled material, industrial and manufacturing waste, and other waste material.
(8) 
RECYCLABLE PRODUCT
means a product which, after being used, can mostly be diverted from the City of Pittsburgh's solid waste stream for use in the production of another product.
(9) 
VIRGIN MATERIAL
means any material occurring in its natural form that has not been used as material in any product prior to use. Virgin material is used in the form of raw material in the manufacture of new products.
(10) 
LIFE CYCLE ASSESSMENT (LCA)
means a comprehensive inspection of a product's environmental impacts through its lifetime, including the extraction of the material, transportation, manufacturing, use, and disposal.
(11) 
LIFE CYCLE COST ASSESSMENT (LCCA)
means the accounting of the total cost of ownership, including initial costs, operational and energy costs, durability, performance, and disposal costs.
(b) 
Nothing in this policy shall be construed or misunderstood as requiring a department or office to procure products that do not perform adequately or are not available at a reasonable price in a reasonable time period.
(c) 
The City of Pittsburgh shall:
(1) 
Procure environmentally preferable products where criteria have been established by governmental or other recognized authorities, as recommended by the City's appropriate sustainability staff.
(2) 
Consider the following purchasing guidelines when criteria have not been established by governmental or other recognized authorities:
(i) 
Replace disposable products with reusable and/or recyclable products;
(ii) 
Support companies that focus on reducing consumption and/or perform eco-labeling by buying products with such labels in preference to others, when practicable;
(iii) 
Evaluate, when appropriate, the environmental performance and social responsibility of vendors; and
(iv) 
Any other guideline as recommended by the City's appropriate sustainability staff.
(3) 
Take into account the Life Cycle Assessment (LCA) and Life Cycle Cost Assessment (LCCA) of the products that it purchases;
(4) 
Work to raise staff awareness about the requirements of this section of Code, as well as environmental and social issues surrounding procurement through training and education programs;
(5) 
Comply with all regulatory and environmental requirements in procuring products and services.
(d) 
All City of Pittsburgh departments and offices shall identify and purchase the most environmentally responsible products and services that are practicable. Factors that should be considered when determining environmentally preferable goods and services include, but are not limited to:
(1) 
Minimization of virgin material used throughout life cycle;
(2) 
Maximization of recycled material;
(3) 
Reuse or repurposing of existing products or materials;
(4) 
Product recyclability;
(5) 
Minimization of packaging;
(6) 
Reduction of energy and water consumption during manufacturing and the operational use of the product;
(7) 
Toxicity reduction or elimination;
(8) 
Sustainable forestry practices for all wood and paper products;
(9) 
Durability and maintenance requirements;
(10) 
Reduction in transportation distance to reduce carbon emissions;
(11) 
Ultimate disposal of the product; and
(12) 
Any other factor as recommended by the City's appropriate sustainability staff.
(e) 
The Office of Management and Budget sourcing specialists and individual departmental personnel who have purchasing authority shall work with the City's appropriate sustainability staff to:
(1) 
Evaluate each requested product to determine the extent to which specifications could include an environmentally preferable and/or socially responsible option;
(2) 
Make certain that contracts issued by the procurement office and individual agents include environmentally preferable and/or socially responsible products when practicable; and
(3) 
Ensure to their best ability that all purchases have been made with all guidelines in mind.
(f) 
The Office of Management and Budget sourcing specialists and individual departmental personnel who have purchasing authority shall include in all Request for Proposals (RFP) and Invitations to Qualify (ITQ), a requirement for vendors to provide a Sustainability, Diversity and Inclusion profile as part of their proposal document and ensure that criteria is given weight and considered during the evaluation process.
(g) 
All City of Pittsburgh approved vendors must report the City's purchases on a bi-annual basis in terms of environmental performance and social responsibility in a manner consistent with a form to be approved by the Directors of the Office of Management and Budget and Department of City Planning or their designee(s).
(h) 
Specifications. The Office of Management and Budget sourcing specialists and individual departmental personnel who have purchasing authority shall work with the City's appropriate sustainability staff to include these requirements in their solicitations as practicable:
(1) 
Office and Operational Supplies.
a. 
Paper. All paper products, when practicable, must achieve Forest Stewardship Council Certification or other best available certification, and contain a minimum of thirty (30) percent post-consumer recycled content and must be processed chlorine-free. Vendors must certify that papers meet these post-consumer content and chlorine-free specifications. Vendors shall be encouraged to provide products that contain a higher percentage of post-consumer content than the thirty (30) percent minimum.
b. 
Styrofoam-Polystyrene Foam. Styrofoam products shall not be purchased for food or drink. Food service providers/caterers shall be strongly encouraged to eliminate the use of Styrofoam when catering City events. Goods with the least amount of Styrofoam packaging in comparison to competing brands shall be purchased when practicable.
c. 
Single Use Plastics. Single use plastic products, such as plastic bags, plastic drinking containers and straws, and cutlery shall not be purchased when practicable.
d. 
Packaging products with reusable, recyclable, compostable, and/or minimal packaging shall be purchased when practicable. Purchasers shall inform vendors that this kind of packaging is preferred.
(2) 
Facilities and Construction Materials.
a. 
Lighting. When practicable, interior and exterior lighting shall be replaced with energy-efficient lighting using light-emitting diodes (LED) and/or the best available technology and shall comply with Dark Sky Lighting principles, pursuant to Title 4: Public Places and Properties, Articles I: Public Right-of-Way, XI: Parks and Playground and XIV: Public Buildings.
b. 
Water Fixtures. When practicable, the most water efficient fixtures shall be purchased. These include, but are not limited to: low-flow faucets and showerheads, aerators, high performance toilets, and waterless urinals. Use of plumbed water filter dispensers should be used where practicable in all City facilities.
c. 
Wood Products. When practicable all wood and wood contained within purchased products shall meet standards equivalent to, or stricter than, those of the Forest Stewardship Council certification. Purchase or use of previously used or salvaged wood products shall be performed when practicable.
d. 
Heating and Cooling Equipment. All heating, cooling, and ventilation equipment shall contribute to net zero energy efficiency in any major rehab or new construction, pursuant to Section 915.08 of this Code when practicable. All efforts shall be made to purchase the most energy-efficient equipment available, with the most recent efficiency functions.
e. 
Cleaning Supplies. When practicable, certified green cleaning products and supplies such as Green Seal Standard, UL ECOLOGO certified, GREENGUARD standard, EPA Indoor AirPLUS compliant, USDA Certified Biobased, and/or EPA Safer Choice certified supplies, or best available certified products are preferred. A non-green cleaning product may only be used if it has been identified that no equivalent "green product" exist that sufficiently meets performance expectations. In this case, a special request will be needed for the purchase. The supplier will need to supply procurement with the product specifications and identify why an exemption is necessary. The supplier shall train staff on product use.
f. 
Cleaning Equipment. When practicable, to reduce and prevent injury, low VOC emitting and ergonomically appropriate equipment such as, but not limited to, sprayers, mops, dusters, blowers, mowers, brooms, vacuums, cleaners, toters, shovels, and spreaders should be replaced with or equipped with the appropriate air pollution filters or equipment upgrades, hand grips, wheels, and mounts designed to reduce exposure to volatile organic compounds (VOCs), fine particulate matter (PM 2.5), excessive knee, back, elbow, and/ or hand strain.
g. 
Recycling. Ensure staff and suppliers are educated and supplied with recycling receptacles for paper, cardboard, paperboard, plastics, cans, and bottles in accordance with the City's current recycling guidelines as established by Environmental Services. Environmental Services must be notified to collect hard to recycle items such as televisions, batteries, and non-LED lightbulbs. Such as fluorescent and compact fluorescent (CFL) lightbulbs.
(3) 
Electronics.
a. 
Electronics. All energy-using products purchased by the City of Pittsburgh shall meet the U.S. EPA Energy Star certification, an international standard for energy efficient consumer products, when practicable. When Energy Star products are unavailable, purchasing units shall buy products that meet the best available certification.
The purchase of all computers and monitors shall take into consideration the criteria established by the Electronic Product Environmental Assessment Tool (EPEAT), an evaluation tool Institute of Electrical and Electronics Engineers Family of Standards for Environmental Assessment of Electronic Products. All purchases of such equipment shall reach, at minimum, bronze designation contained in the IEEE 1680 Standard for the Environmental Assessment of Personal Computer Product, when practicable, as specified at: http://www.epeat.net.
All copiers and printers purchased shall be compatible with recycled content and remanufactured products, and shall be programmed by the Department of Innovation and Performance to automatically copy/print double-sided.
Suppliers of electronic equipment shall be required to take back equipment for reuse or environmentally responsible recycling when deemed appropriate. When applicable, supplier shall provide proof of recycling to the City.
The Departments of Innovation and Performance and Public Works shall consult with appropriate Sustainability Staff to develop a plan for recycling electronics.
(4) 
The Department of Public Works and appropriate sustainability staff shall work towards procurement of one hundred (100) percent renewable energy where practicable.
(5) 
The Office of Management and Budget and Equipment Leasing Authority along with appropriate Sustainability staff shall procure electric or sustainably fueled fleet vehicles where the technology exists and where practicable.
(6) 
The Departments of Mobility and Infrastructure and Public Works along with appropriate Sustainability staff shall procure electric or sustainably fueled landscaping equipment and other fossil fuel powered tools, light towers, etc. where the technology exists and where practicable.
(7) 
The Departments of Mobility and Infrastructure and Public Works shall explore alternative surfacing and other construction materials to work towards incorporating recyclable, cooling, permeable and other best practices.
(i) 
The Directors of the Office of Management and Budget and Department of City Planning or their designee(s) shall review departmental purchases bi-annually for EPP compliance and compliance with this policy. The Sustainability Coordinator (and possibly the Sustainability Commission) will work with each department and various contracting agencies in order to improve EPP purchases.
(j) 
The Directors of the Office of Management and Budget and Department of City Planning or their designee(s) shall implement a public-facing website to track the City's progress toward its climate goals.
(k) 
The Department of City Planning's Division of Sustainability and Resiliency will comprehensively review the City's progress toward more energy-efficient and environmentally-friendly procurement every three (3) years, at which time it will propose necessary amendments to this section.
[1]
Editor's Note: This ordinance also repealed former § 161.39, which pertained to environmentally preferred purchases and derived from Ord. 11-2010, eff. 5-7-2010.
[Ord. No. 41-2010, § 1, eff. 12-20-2010; Ord. No. 44-2015, § 1, eff. 11-19-2015]
(a) 
Definitions. Subject to Section 161.40(b) (relating to regulations), the following words and phrases when used in this Chapter shall have the meanings given to them in this Section:
(1) 
ACTIVE SERVICE
Full-time military duty, other than active duty for training, as a member of the United States Army, Air Force, Navy, Marine Corps or Coast Guard, or their reserve components or the National Guard. The term includes full-time service for more than thirty (30) consecutive days performing active State duty for emergencies as a member of the Pennsylvania National Guard.
(2) 
VETERAN
An individual who performed active service in the Armed Forces of the United States, including the reserve components and the National Guard, who was not discharged from the active service under dishonorable conditions. This shall include individuals discharged under the provisions of the Don't Ask, Don't Tell policy.
(3) 
VETERAN-OWNED SMALL BUSINESS
A business having one hundred (100) or fewer full-time employees and not less than fifty-one (51) percent of which is owned by one (1) or more veterans, or in the case of any publicly owned business, not less than fifty-one (51) percent of the stock of which is owned by one (1) or more veterans, and the management and daily business operations of which are controlled by one (1) or more veterans.
(4) 
VETERAN WORK FORCE UTILIZATION BUSINESS
A business identified by the Bureau of Neighborhood Empowerment as one which develops and implements special processes and procedures for recruiting, retaining, training or developing veteran employees and whose work force is no less than ten (10) percent veterans.
(b) 
Regulations. The Bureau of Neighborhood Empowerment shall establish policy in accordance with this Chapter for City departments for which they may promulgate regulations establishing detailed definitions of the words and phrases defined in Section 161.40(a) (relating to definitions) using, in addition to the criteria set forth in Section 161.40(a), other criteria as it deems appropriate.
(c) 
Veteran-Owned Small Business Participation Goals. The City of Pittsburgh shall have an annual goal of not less than five (5) percent participation by veteran-owned small businesses in all contracts. The participation goal shall apply to the overall dollar amount expended with respect to the contracts.
(d) 
Duties of the Bureau of Neighborhood Empowerment. The department shall have the following duties:
(1) 
Give special publicity to procurement procedures and issue special publications designed to assist veteran-owned small businesses in learning how to do business with the City of Pittsburgh.
(2) 
Compile, maintain and make available source lists of veteran-owned small businesses for the purpose of encouraging procurement from veteran-owned small businesses.
(3) 
Include veteran-owned small businesses on solicitation mailing lists.
(4) 
Assure that veteran-owned small businesses are solicited on each procurement for which the businesses may be suited.
(5) 
Develop special training programs to assist veteran owned small businesses in learning how to do business with the City of Pittsburgh.
(6) 
Assure that participation by veteran-owned small businesses is appropriately factored into the evaluation of proposals for supplies, services or construction.
(7) 
Certify businesses that have been identified as veteran work force utilization businesses.
(e) 
Bonding and Progress Payments.
(1) 
Bonding. Notwithstanding other provisions of this part:
(a) 
The Bureau of Neighborhood Empowerment may reduce the level or change the types of bonding normally required or accept alternative forms of security to the extent reasonably necessary to encourage procurement from veteran-owned small businesses.
(b) 
For contracts under one hundred thousand dollars ($100,000.00), veteran-owned small businesses shall be exempt from the bonding requirements of this part.
(f) 
Report to Standing Committees. The Bureau of Neighborhood Empowerment shall annually report in writing to City Council concerning total contract dollars awarded to veteran-owned small businesses by the City of Pittsburgh during the preceding fiscal year. The report shall include a list of all veteran-owned small businesses that participated as contractors, subcontractors or suppliers during the preceding fiscal year.
[Ord. No. 11-2011, § 1, eff. 7-27-2011; Ord. No. 21-2016, § 1, eff. 8-3-2016; Ord. No. 2-2018, § 1, eff. 2-15-2018]
(a) 
Definitions. For purposes of this Section, the following definitions shall apply:
(1) 
AUTHORIZED PARTNER
means an entity that enters into a written contract with the City to work with the City and/or on its behalf on a City construction project. For purposes of this Chapter, "authorized partner" is not meant to include another governmental entity.
(2) 
BEST AVAILABLE RETROFIT TECHNOLOGY (BART)
means technology verified by the United States Environmental Protection Agency ("U.S. EPA") or the California Board Resources Board ("CARB") that achieves reductions in particulate matter emissions at the highest classification level for verified diesel emission control strategies for particulate matter (VDECS) and is applicable to a particular engine and application. Such technology shall not result in a net increase in nitrogen oxides.
(3) 
CITY ASSET
means existing City-owned or City-controlled property or property to be built by or for the City, including, but not limited to, a building, structure, tunnel, excavation, roadway, park, or bridge involved in a City construction project.
(4) 
CITY CONSTRUCTION PROJECT
means a stand-alone construction project having a total cost of two million five hundred thousand dollars ($2,500,000.00) or more, involving the abatement, construction, demolition, rehabilitation, renovation, restoration, or repair of any City asset or the preparation or close-out work pertaining to any project involving a City asset. The term is not intended to include fixed-price, fixed-term, indefinite-quantity City contracts, such as general asphalt paving or milling. The term is intended to include an otherwise eligible project involving a City asset that is undertaken in whole or in part by an authorized partner pursuant to a written contract with the City.
(5) 
CCDO-COVERED CONTRACT
means a contract awarded by the City or an authorized partner for a City construction project.
(6) 
CCDO-COVERED CONTRACTOR
means any entity or person who: 1) enters into a CCDO-covered contract with the City; 2) enters into a CCDO-covered contract with an authorized partner; or 3) enters into a contract with a prime contractor (i.e., another CCDO-covered contractor)to perform construction work related to City construction project.
(7) 
CCDO WAIVER
means a waiver granted to CCDO contractors to allow otherwise covered equipment to be excused from some or all of the requirements of this Section.
(8) 
COVERED EQUIPMENT
means non-road construction equipment or on-road vehicles subject to the provisions of this Section.
(9) 
NON-ROAD CONSTRUCTION EQUIPMENT
means a vehicle or equipment that is powered by a diesel engine fifty (50) horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, backhoes, bulldozers, compressors, cranes, excavators, generators, and similar equipment; non-road vehicles do not include locomotives or marine vessels. Non-road construction equipment does not include a stationary source, except that this term shall apply to diesel-powered stationary generators, compressors, or similar equipment used in any City construction project.
(10) 
ON-ROAD VEHICLE
means a self-propelled vehicle designed for transporting persons or property on a street or highway that operates on diesel fuel and that has a gross vehicle weight rating of fourteen thousand (14,000) pounds or more. For purposes of this Section, on-road vehicle requirements shall only be applicable to concrete delivery trucks and dump trucks.
(11) 
SOLICITATION
means the process used to communicate procurement requirements and to request responses from interested vendors or contractors.
(12) 
STATIONARY GENERATOR
means a non-mobile machine that uses diesel fuel to produce electrical energy.
(13) 
ULTRA-LOW SULFUR DIESEL FUEL
means diesel fuel that has a sulfur content of no more than fifteen (15) parts per million.
(b) 
Applicability and Costs of Compliance.
(1) 
On and after October 1, 2016, all Solicitations for a City construction project and all CCDO-covered contracts entered into as a result of such solicitation shall include a requirement that all CCDO contractors must meet the applicable requirements of subsection (c). The City will also include a requirement for compliance with subsection (c) in contracts with authorized partners working on City construction projects.
(2) 
All incremental equipment retrofitting and/or installation costs necessary to meet the requirements imposed pursuant to this Section 161.42 are the responsibility of the selected covered CCDO contractors. No additional time or monies will be granted to the covered CCDO contractor(s) for compliance with the requirements imposed pursuant to this Section or any regulations or contract terms promulgated pursuant to this Section.
(c) 
Required Use of Ultra-Low Sulfur Diesel Fuel and Best Available Retrofit Technology; Waiver; Exemptions.
(1) 
In the performance of a City construction project as defined herein, a CCDO-covered contractor shall, as of October 1, 2016:
(a) 
Use ultra-low sulfur diesel fuel in diesel-powered covered equipment on the applicable project site; and
(b) 
Comply with the following requirements:
1. 
Install the applicable BART as required in the current City CCDO regulations promulgated pursuant to subsection (e) herein; and
2. 
Not operate any diesel covered equipment on a project site unless that covered equipment has installed the BART that is properly maintained and operational and such compliance has first been verified by the City.
(2) 
A CCDO-covered contractor may apply for a CCDO waiver from the Department of Mobility and Infrastructure for specified equipment or vehicles under conditions set forth in the regulations authorized under subsection (e) herein.
(3) 
BART will not be required under this Section for non-covered equipment with engines of less than fifty (50) horsepower; construction equipment used for emergency responses and/or vehicles used exclusively for snow removal; and for vehicles with engines using gasoline rather than diesel fuel as further set forth in the regulations authorized under subsection (e) herein.
(d) 
Compliance and Enforcement.
(1) 
In the regulations promulgated pursuant to subsection (e) herein, the Director of Mobility and Infrastructure is authorized to include specific requirements for Contractor reporting of compliance with the BART required in this Section and for on-site inspections by the City.
(2) 
Each solicitation by the City for a City construction project subject to this Section, each CCDO-covered contract entered into as a result of such solicitation and each contract between the City and an authorized partner relating to a City construction project shall include provisions authorizing enforcement of the requirements of this Section.
(3) 
Violations of any of the requirements of this Section as inserted in the applicable contract shall be deemed to be a material breach of that contract, and the City shall have available all remedies resulting from such a breach, including, but not limited to, liquidated damages if set forth therein.
(4) 
In addition to any applicable contractual remedies for breach, any person who knowingly makes a false statement of material fact to the City with respect to compliance with any of the requirements set forth in this Section shall be subject to a fine of up to three hundred dollars ($300.00) for each such false statement.
(e) 
Regulations. The Director of the Department of Mobility and Infrastructure shall promulgate regulations implementing the provisions of this Section. These regulations shall be posted on the City's website, made a part of all solicitations, and incorporated into all applicable CCDO-covered contracts and applicable contracts with authorized partners.
(f) 
Annual Reporting. The City Controller shall provide City Council with an annual report that includes the number of covered equipment retrofitted in compliance with this Section.
(g) 
Severability and Scope.
(1) 
In the event any provision of this Section shall be held invalid or unenforceable in any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof.
(2) 
This Section shall not apply to any contracts to the extent that the requirements imposed by this Section are inconsistent with procedures or standards required by any law or regulation of the United States or the Commonwealth of Pennsylvania to the extent such inconsistency is not permitted under the home rule powers of the City.
[Ord. No. 20-2013, § 1, eff. 8-5-2013]
(a) 
Definitions.
(1) 
EMPLOYMENT BENEFITS
means any employee benefit, including, but not limited to, health insurance benefits, including health, vision and dental benefits; bereavement leave; family medical leave; moving expenses; memberships and membership discounts; and travel benefits.
(2) 
DOMESTIC PARTNERSHIP
will be interpreted as it is defined under Sections 186.02(a) and (b) of this Code.
(3) 
DOMESTIC PARTNER
means each member of a domestic partnership.
(4) 
SERVICE CONTRACT
means a contract for the furnishing of services to or for the City, except where services are incidental to the delivery of goods. The term does not include any contract with another governmental agency.
(5) 
CONTRACTOR
means the entity furnishing services under a service contract.
(b) 
Provision of Equal Benefits.
(1) 
To be eligible to enter into a service contract with the City of Pittsburgh for an amount payable to the contractor of two hundred fifty thousand dollars ($250,000.00) or more, a contractor must extend the same employment benefits extended to spouses of its employees to domestic partners of its employees, for the following:
(a) 
Employees who reside in the City of Pittsburgh; and
(b) 
Employees who are non-residents of the City of Pittsburgh subject to City wage tax under Section 246 (pertaining to tax on salaries, wages, commissions and other compensation of non-residents).
(2) 
If a contractor's existing agreement with its employment benefits provider does not permit the extension of employment benefits to the domestic partners of the contractor's employees at the time the contractor enters into a service contract with the City, the contractor will arrange for the extension of employment benefits to the domestic partners of its employees to be effective as soon as practicable, but in no case more than one (1) year after the date of execution of the service contract. Provided, this subsection (2) will not apply to a contractor that has had another City contract subject to the provisions of this Chapter within the five (5) years immediately prior to the date of execution of the service contract.
(3) 
A contractor will accept any of the following as proof of a domestic partnership:
(a) 
Verification of the domestic partnership issued pursuant to Section 186.02(b).
(b) 
An official, government-issued document evidencing a marriage, civil union, domestic partnership, or the equivalent, under the laws of any state or country, and undertaken between two (2) people who share the same gender identity.
(c) 
Where neither the employee nor the employee's domestic partner is a City resident, employed by the City, owns real property in the City, owns and operates a business in the City, or is a recipient of or has a vested interest in employee benefits from the City of Pittsburgh, proof that a claimed domestic partnership meets items (1) through (5) of the definition of "domestic partnership" under Section 186.02(a) and the standard for verification under Section 186.02(b).
(c) 
Mandatory Provisions; Certifications.
(1) 
In any bid or proposal, a bidder or proposer subject to this Chapter will include a certification that the business will comply with the provisions of this Chapter if awarded the contract.
(2) 
Following the award of a contract subject to this Chapter and prior to execution by the City, the contractor will certify that its employees have been notified of the employment benefits available to domestic partners pursuant to this Chapter, and that those employment benefits will actually be available; or that the contractor does not provide employment benefits to the spouses of married employees. A contractor that, under subsection (b) of this Section, is not required to make benefits immediately available to the domestic partners of employees, will provide the notice required by this subsection (2) at the time employment benefits become available to domestic partners of employees.
(3) 
Every City contract subject to this Chapter will require the contractor to comply with the requirements of this Chapter. Such contracts will contain the following terms:
(a) 
The contractor will notify its employees of the employment benefits available to domestic partners pursuant to this Chapter;
(b) 
Non-compliance by the contractor will be a material breach. The contract may further specify liquidated damages.
(c) 
Discrimination or retaliation by the contractor against any employee on account of having claimed a violation of this Chapter will be a material breach. The contract may further specify liquidated damages.
(d) 
Waivers. The City may waive the requirements of this Chapter in any one (1) of the following circumstances:
(1) 
Where application of the provisions of this Chapter would result in the loss of federal, state or similar funds or grants, or is otherwise prohibited by federal or state law.
(2) 
Where the contractor certifies, and the City finds, that compliance with the provisions of this Chapter would interfere with a collective bargaining agreement between the contractor and any of its employees.
(3) 
Where the contractor certifies, and the City finds, that both (a) the contractor is operated, supervised, or controlled by a bona fide religious institution or religious charitable organization, and (b) compliance with the provisions of this Chapter would conflict with the beliefs of the religion with which the contracting organization is identified.
(4) 
Where a contractor is the sole supplier of services or materials.
(e) 
Enforcement. Contractors will provide the City with any information necessary to verify compliance with the provisions of this Chapter. A contractor subject to this Chapter who fails to comply with its provisions is in material breach of its contract with the City, and may be suspended or debarred from bidding on or participating in City contracts for up to three (3) years.
(f) 
Severability. If any provision of this Section or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Section which can be given effect without the invalid provision or application, and for this purpose the provisions of this Section are declared severable.
[Ord. No. 18-2014, § 1, eff. 10-14-2014]
(a) 
Definitions.
(1) 
REASONABLE ACCOMMODATION
is a modification to the work environment to enable a qualified employee to continue performing essential job functions despite limitations due to pregnancy, childbirth or related medical conditions that do not present an undue hardship on the employer. A reasonable accommodation may include, but is not limited to:
(a) 
Providing a chair, assistance with heavy lifting, and access to drinking water or uncompensated break time.
(b) 
Temporary job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations and other similar accommodations.
(2) 
SERVICE CONTRACT
means a contract for the furnishing of services to or for the City, except where services are incidental to the delivery of goods. The term does not include any contract with another governmental agency.
(3) 
CONTRACTOR
means the entity furnishing services under a service contract.
(4) 
ESSENTIAL JOB FUNCTION
For the purposes of this subchapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
(a) 
As job functions may change over the course of employment, any evidence pertaining to these changes in duties would also be considered.
(5) 
UNDUE HARDSHIP
In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include:
(a) 
The nature and cost of the accommodation needed under this chapter;
(b) 
The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;
(c) 
The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and
(d) 
The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.
(6) 
QUALIFIED EMPLOYEE
means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds.
(b) 
Provision of Reasonable Accommodations.
(1) 
To be eligible to enter into a service contract with the City of Pittsburgh for an amount payable to two hundred fifty thousand dollars ($250,000.00) or more, a contractor must provide reasonable accommodations for a qualified employee to continue working despite limitations due to pregnancy, childbirth or related medical conditions. These accommodations must be available to all qualified employees who provide work related to the City contract.
(a) 
An employer's obligation to provide reasonable accommodations to a pregnant employee would be prompted by a formal request made by the qualified employee.
(i) 
This provision does not require every employee to reveal their pregnancy status or related medical condition; rather, requires the employer to provide reasonable accommodations upon a formal request by the qualified employee.
(b) 
This provision shall apply to all new qualifying service contracts executed after December, 2014.
(c) 
Mandatory Provisions; Certifications.
(1) 
In any bid or proposal of two hundred fifty thousand dollars ($250,000.00) or more, for a service contract, the City's purchasing agents must prepare applications that explicitly include this Chapter, "Reasonable Accommodations Due to Pregnancy, Childbirth or Related Medical Conditions," as a necessary provision to qualify in the bidding process.
(2) 
In any bid or proposal, a bidder or proposer subject to this Chapter will include certification that the business will comply with the provisions of this Chapter if awarded the contract.
(3) 
Following the award of a contract subject to this Chapter and prior to execution by the City, the contractor will certify that its employees have been notified of reasonable accommodations available to qualified employees pursuant to this Chapter, and that those reasonable accommodations will actually be available.
(4) 
Every City contract subject to this Chapter will require the contractor to comply with the requirements of this Chapter. Such contracts will contain the following terms:
(a) 
The contractor will notify its employees that reasonable accommodations are available to an employee who continues working despite limitations due to pregnancy, childbirth or related medical conditions pursuant to this Chapter.
(b) 
Non-compliance by the contractor will be a material breach. The contract may further specify liquidated damages.
(c) 
Discrimination or retaliation by the contractor against any employee on account of having claimed a violation of this Chapter will be a material breach. The contract may further specify liquidated damages.
(d) 
Waivers. The City may waive the requirements of this Chapter in any one (1) of the following circumstances:
(1) 
Where application of the provisions of this Chapter would result in the loss of federal, state or similar funds or grants, or is otherwise prohibited by federal or state law.
(2) 
Where the contractor certifies that compliance with the provisions of this Chapter would interfere with a collective bargaining agreement between the contractor and any of its employees.
(3) 
Where a contractor is the sole supplier of services or materials.
(e) 
Enforcement. Contractors will provide the City with any requested information necessary to verify compliance with the provisions of this Chapter. A contractor subject to this Chapter who fails to comply with its provisions is in material breach of its contract with the City, and may be suspended or debarred from bidding on or participating in City contracts for up to three (3) years.
(f) 
Severability. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Chapter which can be given effect without the invalid provision or application, and for this purpose the provisions of this Chapter are declared severable.
[Ord. No. 46-2017, § 1, eff. 12-8-2017]
(a) 
Title and Purpose. This Section shall be known as the "City of Pittsburgh Minimum Wage For Designated Contracts Ordinance." The purpose of the Section is to ensure that employees performing work on certain City service contracts are paid no less than fifteen dollars ($15.00) per hour.
(b) 
Definitions. For the purposes of this Section, the following terms are defined as follows:
1. 
CITY
The City of Pittsburgh and all City departments or bureaus.
2. 
COVERED SERVICE CONTRACT
Professional service contracts entered into by the City of Pittsburgh which exceed one hundred thousand dollars ($100,000.00) and are paid solely by City funds, subject to applicable laws and regulations.
3. 
COVERED EMPLOYEE
An employee who in a particular week, performs at least thirty (30) hours of work for a covered employer and whose duties arise directly out of a covered service contract. The following types of employees shall not be considered a covered employee for the purposes of this Section:
i. 
Employees on a construction projects subject to federal, state or local prevailing wages laws;
ii. 
Employees engaged in a bona fide training program, not to exceed sixty (60) days in duration, under which the person will advance into permanent employment;
iii. 
Employees or interns participating in a student internship program;
iv. 
Individuals employed by or participating in the City's Summer Youth Employment Program;
4. 
COVERED EMPLOYER
Any individual or entity that employs at least one (1) covered employee.
5. 
SERVICE CONTRACTOR
Any individual or entity that enters into a covered service contract as herein defined.
6. 
PROFESSIONAL SERVICE CONTRACT
Any contract for the performance of professional services, as defined by Section 161.02A, entered into by the City with any contractor, except contracts where services are incidental to the delivery of products, equipment, or commodities.
(c) 
Minimum Wage Requirements. Except as otherwise provided in this Section, an employer subject to this Section shall provide its covered employees the following minimum compensation:
1. 
Minimum Wage Standard. Each covered employer shall pay each covered employee a minimum hourly wage of at least fifteen dollars ($15.00) per hour, excluding benefits.
2. 
Additional Compensation Permissible. Nothing in this Section shall be construed to limit a covered employer's discretion to provide greater wages or benefits to its employees.
3. 
Adjustments. The minimum wage requirements shall be maintained at fifteen dollars ($15.00) per hour until the federal or state minimum wage, whichever is higher, exceeds that threshold. At such time that the federal or state minimum wage exceeds fifteen dollars ($15.00) per hour, the Office of Management and Budget shall review this Section and make recommendations to Council regarding any additional adjustments to the requirements of this Section.
4. 
Reporting. Covered employer must maintain records relating to compliance with this Section and make such records available for inspection at the request of the City.
5. 
Notice to Employees. Covered employers shall notify all covered employees in writing as to the wages required by this Section.
(d) 
Collective Bargaining. Nothing in this Section shall be deemed to interfere with or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum standards set forth in this Section.
(e) 
Exemptions. The Office of Management and Budget may grant a partial or whole exemption from the requirements of this Section in accordance with applicable regulations.
(f) 
Required Contract Provisions. Every covered service contract thereto shall contain provisions requiring the covered employer to comply with the requirements of this Section as they exist on the date when the employer entered into its agreement with the City.
(g) 
Retaliation and Discrimination Prohibited. A covered employer shall not discharge, reduce the compensation or otherwise discriminate against any employee for making a complaint to the employer, its agents, or the City relating to the covered employer's compliance with the requirements of this Section.
(h) 
Activity with Intent to Evade Coverage Prohibited; Business Justification, Etc. A covered employer shall not engage in any activity with the intent of evading the coverage of this Section. Prohibited activities include, but are not limited to, business reorganization, subcontracting, or subleasing, where such activity has the effect of limiting or avoiding the coverage of this Section and for which there is no independent business justification.
(i) 
Responsible Bidding and Use of City Funds. Prior to commencement of the contract's term or execution by the City, each covered employer will certify to the satisfaction of the City that its employees are paid the minimum wage commitments as provided by this Section. As part of any bid, application or proposal for any agreement or contract with the City covered by this Section, the submitter shall include an acknowledgment, in a form acceptable to the City, of the terms of this Section and intent to comply therewith.
(j) 
Enforcement. The Office of Management and Budget shall enforce this Section.
(k) 
Regulations. The Director of the Office of Management and Budget is hereby authorized to adopt regulations for the proper administration and enforcement of the provisions of this Section.
(l) 
Violations. Violations of any of the requirements of this Section as inserted in an applicable City service contract shall be deemed to be a material breach of that contract, and the City shall have available remedies resulting from such a breaching, including, but not limited to, liquidated damages if set forth therein.
(m) 
Service Worker Prevailing Wage Ordinance. For any covered service contract that includes building service and food service employees as defined by the City of Pittsburgh Service Worker Prevailing Wage Ordinance, Section 161.38, the covered employee shall be paid a wage in the amount of no less than the higher of fifteen dollars ($15.00) per hour, excluding benefits, and the hourly amount required by Section 161.38(II)(k) (1)(a)(i), in addition to the benefit and paid time off amounts required by Section 161.38(II)(k)(1)(a)(ii) and (b) for any work performed as a covered employee.
(n) 
Severability. In the event any provision of this Section shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof.