[HISTORY: Adopted by the City Council of the City of Monessen 8-10-2021 by Ord. No. 1241. Amendments noted where applicable.]
This chapter may be cited as the "Equitable Contracting Ordinance."
A. The City of Monessen is committed to promoting and fostering a diverse,
supportive, and inclusive community. Furthermore, the City is interested
in providing equitable opportunities for all peoples.
B. The City of Monessen and its Mayor and Council hereby affirm its
commitment to promoting and fostering a diverse, supporting, and inclusive
community, by proclaiming the following:
(1) The City of Monessen acknowledges that apart from any native, indigenous
people in our community, all of the residents of the City of Monessen
are immigrants or descendants of immigrants.
(2) It shall be the policy of our City to renounce all bigoted, prejudiced,
and hateful speech about any individual's country of origin,
race, religion, native language, or sexual orientation; and further,
to condemn the actions of those who seek to divide us with misogynistic,
xenophobic, racist, or nativist rhetoric.
(3) The City of Monessen further affirms that our City is committed to
equality, diversity, and inclusivity, and is a place of welcome and
hospitality for all who seek residence in, aim to establish business
in, or visit our community regardless of their country of origin,
race, religion, native language, or sexual orientation.
(4) The City of Monessen pledges a commitment to and calls on all City
officials and personnel to monitor their speech and attitude, because
we, as public officials, are duty-bound to uphold our public trust
and protect against derogatory and hateful speech.
(5) The City of Monessen encourages all residents to do everything in
their power and spheres of influence to ensure that all are welcome,
and that the City of Monessen remains a community that celebrates
and is committed to equality, diversity, and inclusivity.
A. The City of Monessen shall, in an effort to create more equitable
opportunities, especially for our minority communities, take several
steps to ensure fair and equitable contracting practices with the
City of Monessen, in its governmental capacity.
B. Currently, according to federal regulations laid out by the US Department Housing
and Urban Development, Section 3 regulations: All contracts with respect
to recipients of Housing and/or Community Development funding, all
contractors or subcontractors that receive covered contracts in excess
of $100,000 for housing construction, rehabilitation, or other public
construction are required to comply with the requirements of Section
3, in terms of Minority Business Enterprises (MBE) and Women Business
Enterprises (WBE).
(1) The City of Monessen shall lower the threshold for local contracts
acquired to $20,000 and above. These local contracts are those that
align with US Department Housing and Urban Development, Section 3
regulations, such as service contracts, abatement, demolition, Community
Development Block Grant (CDBG) work, or any other relevant work as
it pertains to contractors or subcontractors for housing construction,
rehabilitation, or other public construction.
C. The City of Monessen shall require that the City Engineer provide
a written memorandum listing in full detail the extent taken to attract
MBEs and WBEs for all projects for the City of Monessen that undergo
the bidding process. The memorandum must include advertising details,
methods used for attracting MBEs and WBEs, reasons why they were not
attracted (if applicable) and why they were not considered for the
bid (if applicable).
D. All city RFPs and other project proposals that related to the regulations
of the US Housing and Urban Development Section 3 regulations, as
well as those set forth in this resolution, shall include a sample
MBE/WBE Commitment Letter, which contains a signature line for both
primary contractor and the subcontractor to sign. Bidders/proposers
shall be reminded to submit copies of the commitment letters, proof
of outreach, and their current MBE/WBE certification and/or current
MBE/WBE certification for their MBE/WBE partners/subcontractors.
E. The following categories of contracts, which must be confirmed in
writing to the City of Monessen and the City Engineer, may be waived
from participation in the full equitable contracting process:
(1) Emergency services: services necessary to protect the public health
and safety, necessary to relieve the immediate necessity of residents
due to calamity, or required because of unforeseen damage to public
property.
(2) Sole source services: services documented to fall within one of four
categories: (i) available from only one source (in which case accompanying
waiver request must clearly define the scope in which it is unique);
(ii) for which only one prospective contractor is willing to enter
into a contract with the City; (iii) where an item required for the
service has design and/or performance features that are essential
to the City or a particular department, including due to compatibility
with services or goods currently in use, and no other source satisfies
the City's requirements; or (iv) licensed or patented services.
(3) Legally required contracts: Contracts requiring compliance with terms
and conditions of a court order, government grant, or governmental
order, or for expert witnesses, consultants associated with anticipated
or pending litigation, or other agreements required for the administration
of legal services.
(4) Grants: When procurement involves the expenditure of outside governmental
(e.g., federal or state) funds, purchasing shall be conducted with
any applicable federal or state laws or regulations.
(5) Intergovernmental agreements: Agreements with other governmental
or quasi-governmental bodies.
F. A waiver shall not be granted unless the contractor has provided
documented good faith efforts ("GFE"). GFE are the actions all contractors
must demonstrate via appropriate documentation (as determined by the
City of Monessen) to certify they have performed their due diligence
to solicit MBE/WBE participation in support of the City's MBE/WBE
goals.
G. In the event of a developer/contractor's failure to meet the
requirements of these provisions, the City shall take the following
steps:
(1) Issue a written alert notice to a developer/contractor and to appropriate
unions whenever, in the City's opinion, the developer/contractor
is not in compliance with the provisions of this resolution, or the
rules and regulations issued pursuant thereto.
(2) If the alert notice is not satisfied within three working days by
a correction of the violation(s), the City shall follow up the alert
notice by issuing a written violation notice. Upon the issuance of
such notice, the developer/contractor will have seven working days
to correct the violation.
(3) The City may rescind either or both notices described above if the
developer/contractor meets its obligations under these provisions,
or if it presents a satisfactory explanation, in writing, as to why
such compliance is impractical or impossible.
H. In order to advertise and notify the public that MBE/WBE contractors/subcontractors
are being sought for specific projects, the developer/contractor and
the City shall place notifications in area publications, including
minority publications, and shall also notify nonprofit and community
organizations, regarding potential employment opportunities, when
applicable.
I. The procedures established in this section shall apply to any and
all applicable local contracts awarded by the City of Monessen.
This chapter shall come into effect 10 days upon enactment.