[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 7-1983. Amendments noted where applicable.]
As used in this chapter, unless otherwise expressly stated or
clearly indicated by the context, the following terms shall have the
meanings indicated:
A sole proprietorship, partnership, joint venture, corporation,
or entity owned and controlled by minority group members to which
access to City contracting opportunities has heretofore been impaired
by the effects of past discrimination and wherein:
At least 51% is owned by minority group members or women and
no part of its ownership, operation or control is in the hands of
the respective prime contractor of the relevant City contract;
Minority group members or women share in the risks and profits
of the enterprise to the extent of their individual holdings;
Minority group members' or women's participation in
the business is active, as opposed to passive, and such participation
is not dependent on the consent of non-minority group or primarily
male members who may also have holdings in the business enterprise;
The business enterprise has experience in the area to which
it claims expertise; and
The business enterprise was not organized solely to meet these
requirements.
"Contract" in its ordinary and usual definition, but not
including agreements made with other governmental agencies, associates
of governmental agencies or governmental officials, or with particular
officers or employees of such agencies, for services related to their
official positions of employment.
African Americans, Hispanic Americans, Asian Americans, Native
Americans, American Aleuts, and other minorities as recognized by
federal regulations.
This chapter shall apply to all contracts and contracting agencies
of the City and to contractors and subcontractors who perform City
contracts.
The Business Administrator, within 30 days of the enactment
of this chapter, shall appoint, with the approval of the Mayor, a
Contract Compliance Officer whose authority and responsibility shall
be to:
A.
Ascertain, within 90 days of the enactment of this chapter, the total
number of minority and women-owned businesses in the Harrisburg standard
metropolitan statistical area qualified to perform various City contracts.
B.
Establish, within 90 days of the enactment of this chapter, minimum
target goals within each department for bona fide minority or women-owned
business participation to meet City goals as follows:[1]
|
Business Enterprise
| ||||
|---|---|---|---|---|
|
Minority
|
Women
| |||
|
(1)
|
Public works construction. Including
but not limited to construction or demolition work performed by contractor(s)
on City streets, buildings, parks and federally funded construction
and/or demolition projects, with equipment, materials, supplies and
manpower provided by the contractor.
|
15%
|
2%
| |
|
(2)
|
Equipment purchase and/or rental. Including
but not limited to automobiles, trucks, road equipment, office equipment
(e.g., photocopiers, computers and calculators) and building maintenance
equipment, etc. (e.g., vacuum cleaners, polishers, etc.). "Equipment"
shall be construed to mean City property containing movable parts
or depreciable office equipment or furniture over $100.
|
5%
|
2%
| |
|
(3)
|
Materials and supplies. Including but
not limited to consumable office supplies, road materials, fuels,
and materials for operating use of the City, such as uniforms, grass
seed, trees, hand tools and office equipment under $100.
|
10%
|
5%
| |
|
(4)
|
Services. Including but not limited to
janitorial services, painting contracts, drapery cleaning, equipment
or furniture repairs, and all physical services performed by other
than City employees.
|
15%
|
5%
| |
|
(5)
|
Professional services. Including but
not limited to legal services, medical services, engineering and consulting
services, etc.
|
15%
|
5%
| |
D.
Devise and implement appropriate procedures for monitoring and enforcing
compliance with these goals, including a process by which minority
and women-owned businesses are certified as bona fide minority and
women-owned businesses.
E.
Submit a written semiannual report to the Mayor and City Council
indicating the progress made toward achieving the goals established
above. Said report shall include but not be limited to a summary of
departmental and City contracts let during the relevant periods, and
the extent and percentage of minority or women participation, and
recommendations as to appropriate future goals.
Each department director shall, by February 15 of each year,
file a report with the Mayor listing goals and objectives of the respective
department in terms of purchasing from minority and women-owned businesses
for the calendar year.
Any person who violates the provisions of this chapter shall be subject to the general code penalty, § 1-301.99 of these Codified Ordinances.
