[Adopted 6-3-1987 by Ord. No. 7-1987 (Art. 109 of the 1979 Codified Ordinances)]
For the purpose of this article, the following terms shall have the following respective definitions:
CITY CONTRACTS
Includes all City of Chester contracting whether by the competitive bid process, single source contracting or other procurement processes and whether or not done in conjunction with other governmental entities or public or private agencies.
FEMALE
Includes persons of the female gender.
FEMALE OWNED BUSINESS
Means:
A. 
A sole proprietorship where the sole proprietor is a woman; or
B. 
A business corporation where 51% of the interests in such corporation are beneficially owned by women; or
C. 
A partnership where 51% of the partnership interests in such partnership are owned by women; or
D. 
Any other business or professional entity where 51% of the interests are owned by women.
JOINT VENTURES, VENTURES PARTNERSHIPS AND OTHER MULTIPLE FIRM ARRANGEMENTS
A. 
Mean a combination of contractors or firms performing a specific contract in which minority and/or female owned businesses participate in the net profits or net loss; and
B. 
Mean venture partnerships, other multiple firm arrangements and sub-contracting in which 50% of the effort excluding the cost of materials, goods and supplies shall be with minority and/or female owned firms;
C. 
None of the definitions of ownership expressed in the definitions of "minority-owned business" and "female-owned business" shall preclude or exclude joint ventures partnerships, and any other joint or multiple firm arrangement from obtaining any benefit under this article so long as:
(1) 
A minority and/or female owned business can demonstrate substantial benefit derived from such an arrangement; and
(2) 
The minority and/or female owned participant is substantially involved in all phases of the contract including bidding, planning, staffing and daily management; and
(3) 
Such an arrangement is customary.
MINORITY OWNED BUSINESS
Means:
A. 
A sole proprietorship where the sole proprietor is a minority person; or
B. 
A business corporation where 51% of the interests in such corporation are beneficially owned by minority person(s); or
C. 
A partnership where 51% of the partnership interests in such partnership are beneficially owned by minority person(s); or
D. 
Any other business or professional entity where 51% of the interests are beneficially owned by minority person(s).
MINORITY PERSON
Includes: Black Americans; Hispanic Americans; Native Americans (American Indians, Eskimos, Aleuts or Native Hawaiians); Asian Pacific Americans (persons with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust Territory of the Pacific Islands, Northern Mariana Islands, Laos, Cambodia or Taiwan).
SHELTERED MARKET
Means a process whereby contracts or sub-contracts are designated before solicitation of bids for limited competition from minority and/or female owned businesses on either a negotiated or competitive bid basis.
SUB-CONTRACTING
A. 
Means the specific allocation of work by a minority and/or female owned business as prime contractor to other contractors for specific tasks to be performed thereunder or the allocation of work by a majority owned business to a minority and/or female owned business as sub-contractor.
B. 
None of the definitions expressed in the definitions of "minority-owned business" and "female-owned business" shall preclude or exclude sub-contracting so long as:
(1) 
The minority and/or female owned contractor perform at least 50% of the contracting effort, excluding the costs of materials, goods and supplies, with its own organization and resources; and
(2) 
For contracts up to $1,000,000 the minority and/or female owned prime contractor shall perform at least 50% of the onsite work with its own force, excluding the cost of materials, goods, supplies and equipment; and
(3) 
For contracts greater than $1,000,000 the minority and/or female owned contractor shall perform that portion of on-site work with its own work force which demonstrates that he or she is fiscally and managerially responsible as the prime or sub-contractor, demonstrates that it derives substantial benefit from the contract; and
(4) 
The minority and/or female owned business either as prime or sub-contractor is substantially involved in all phases of the contract including bidding, planning, staffing and daily management.
This article shall be applied to all contracts of the City, the departments and agencies of the City and all other commissions, councils, departments and agencies which receive any funding from the City or derive any part of their authority and/or existence from City laws and ordinances, involving any work upon buildings, roads, sewers or in any way employing members of the construction trades and involving the purchase of materials, supplies and equipment.
A. 
For any construction contract there are hereby established the following goals for employment at the construction site:
(1) 
25% of the work hours shall be furnished by City residents;
(2) 
15% of the work hours shall be furnished by minority workers; and
(3) 
10% of the work hours shall be furnished by female workers.
B. 
To the extent practicable, the goals set forth in Subsection A hereof shall apply to each and every trade, craft or skill employed to perform the construction contract and shall be reflected throughout the various levels of employment within each trade, craft or skill; however, in no event shall the total work hours furnished by minority workers, female workers and City residents be less than the goals established in Subsection A hereof.
C. 
In determining the total 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.
D. 
For any contract involving the purchase of materials, supplies or equipment, the specifications for such contract shall provide that at least 25% of the amount of such contract shall be expended for minority and/or female owned businesses.
Notwithstanding anything contained in this article, Council shall have the power to waive the herein stated percentage goals for particular types of contracts when no minority or female contractors can be found or when to do so would be in the best interest of the City. Such waiver is subject to review by Council upon petition by an aggrieved minority or female contractor or other interested person.
If any section, subsection, clause, sentence or phrase of this article is found to be unlawful by reason of other superior laws of the United States or the Commonwealth of Pennsylvania, such a determination shall not affect the validity of the remaining portions of this article. The applicable law in determining the parties rights and liabilities under this article are the laws of the Commonwealth of Pennsylvania.
Any City department or agency that fails to meet the goals established in § 29-3 and which is also unable to demonstrate to Council that it has made a good faith effort to comply with this article and/or has failed to adhere to the procedures established herein shall be subject to the following actions:
A. 
Cancellation of present contracts deemed appropriate and all future City contracts after enactment of this article, which shall contain a conditional clause whereby the contracting parties acknowledge and agree to possible cancellation upon determination that this article has been violated.
B. 
Council may designate that as to a certain number of and/or dollar amount of future contracts to be let by an agency or department, responsible minority and/or female owned businesses bidding shall have an absolute first right to such contracts.
C. 
If a department, agency, authority, commission, etc., or individual fails to comply with the provisions of this article or with the regulations promulgated as a result hereof, Council is empowered to petition the Court of Common Pleas for a judicial order to enforce compliance with this article.
D. 
Any minority or female owned business aggrieved by a violation of this article or by a violation of the procedures hereafter established may appeal such grievance or determination to Council.