TITLE 17.  CONTRACTS AND PROCUREMENT 1
Chapter 17-100.  Procurement Contracts
   § 17-101.   Prequalification of Prospective Bidders for Contracts for Construction of Public Works.
   § 17-102.   Rights and Liabilities of Persons Who Solicit or Bid for City Contracts.
   § 17-103.   Bonds Relating to Procurement Contracts.
   § 17-104.   Prerequisites to the Execution of City Contracts.
   § 17-105.   Payment of City Contractors.
   § 17-106.   General Provisions Relating to City Contracts and Bonds.
   § 17-107.   Contractors; Labor-Management Relationships.
   § 17-108.   "Wrap-up" Insurance Programs for Public Works Projects.
   § 17-109.   Local Bidding Preferences.
   § 17-110.   Alcohol Advertisements.
   § 17-111.   Energy Efficiency and Environmental Design in Construction of Buildings.
Chapter 17-200.  Inventory, Care and Disposal of City Goods
   § 17-201.   Special Grants.
   § 17-202.   Terms and Conditions Imposed by Ordinance.
   § 17-203.   Supervision.
Chapter 17-300.  Inventory, Care and Disposal of Private Personal Property
   § 17-301.   Inventory and Care.
   § 17-302.   Disposal.
Chapter 17-400.  Payment or Reimbursement of Employee Expenses Associated with the Use of Exclusionary Private Organizations
   § 17-401.   Definitions.
   § 17-402.   Contract Requirements.
   § 17-403.   Prima Facie Presumption of Discrimination.
   § 17-404.   Administration and Enforcement.
Chapter 17-500.  Goals for the Participation of Disadvantaged Owned Business Enterprises in City Contracts
   § 17-501.   Legislative Findings and Policy.
   § 17-502.   Definitions.
   § 17-503.   Implementation and Applicability.
   § 17-504.   Participation Goals.
   § 17-505.   Annual Participation Goals.
   § 17-506.   Minority Business Enterprise Council.
   § 17-507.   Contract Payments to Subcontractors.
   § 17-508.   Contract Reports and Documentation.
   § 17-509.   Exemptions and Waivers.
   § 17-510.   Enforcement.
   § 17-511.   Penalties.
   § 17-512.   Grievances.
Chapter 17-600.  Procurement Price Preferences
   § 17-601.   Definitions.
   § 17-602.   Price Preference for Certain Products.
   § 17-603.   Procurement Specifications.
   § 17-604.   Reports.
Chapter 17-700.  Law Department Fees
   § 17-701.   Law Department Fees for Document Preparation.
   § 17-702.   Document Preparation Fee Schedule.
   § 17-703.   Fees for Private Tax Opinions.
Chapter 17-800.  Purchasing Off State Contracts
   § 17-801.   Authorization to Purchase Off State Contracts.
   § 17-802.   Contract Conditions.
Chapter 17-900.  Neighborhood Benefit Strategy
   § 17-901.   Legislative Findings.
   § 17-902.   Definitions.
   § 17-903.   Implementation and Applicability.
   § 17-904.   Contracting Goals.
   § 17-905.   Assistance to Developers, Contractors and Businesses.
   § 17-906.   Priority for Employment and Training Program Participants.
Chapter 17-1000.  Employment of Low- and Moderate-Income Persons by City Contractors
   § 17-1001.   Definitions.
   § 17-1002.   Contract Requirements.
   § 17-1003.   Reporting Requirements.
   § 17-1004.   City-Related Agencies.
   § 17-1005.   Exceptions.
   § 17-1006.   Penalties and Enforcement.
Chapter 17-1100.  Economic Impact Statements for City-Funded Development Projects
   § 17-1101.   Definitions.
   § 17-1102.   Economic Impact Statement Required.
Chapter 17-1200.  Foreign Outsourcing
   § 17-1201.   Foreign Outsourcing Prohibited.
   § 17-1202.   Bids and Proposals.
   § 17-1203.   Waiver.
Chapter 17-1300.  Philadelphia 21st Century Minimum Wage and Benefits Standard
   § 17-1301.   Purpose.
   § 17-1302.   Definitions.
   § 17-1303.   Employers Subject to the Requirements of this Chapter.
   § 17-1304.   Waivers.
   § 17-1305.   Compensation Required to be Paid to Employees.
   § 17-1306.   Required Contract Provisions.
   § 17-1307.   Exemptions.
   § 17-1308.   Retaliation and Discrimination Prohibited.
   § 17-1309.   Private Right of Action.
   § 17-1310.   Responsible Bidding and Use of City Funds.
   § 17-1311.   Living Wage and Benefits Review Committee.
   § 17-1312.   Enforcement.
Chapter 17-1400.  Non-Competitively Bid Contracts; Financial Assistance
   § 17-1401.   Definitions.
   § 17-1402.   Open and Public Process Required For Non-Competitively Bid Contracts.
   § 17-1403.   Public Information; Reporting.
   § 17-1404.   Eligibility for Non-Competitively Bid Contracts and Financial Assistance.
   § 17-1405.   Attribution Rules.
   § 17-1406.   Sole Source Contracts, Emergencies, and Other Exceptions.
   § 17-1407.   Prohibited Conduct; Penalties; Remedies.
   § 17-1408.   City-Related Agencies.
Chapter 17-1500.  Annual Disparity Study and Participation Goals
   § 17-1501.   Definitions.
   § 17-1502.   DBE Categories That Must Be Separately Considered.
   § 17-1503.   Mandatory Formulas Required in Calculating Participation Rates.
   § 17-1504.   Other Matters That Must Be Included in Annual Report.
   § 17-1505.   Interpretation.
Chapter 17-1600.  Economic Opportunity Plans
   § 17-1601.   Definitions.
   § 17-1602.   Economic Opportunity Plan Required.
   § 17-1603.   Economic Opportunity Plan: Contents.
   § 17-1604.   Records and Reports.
   § 17-1605.   Enforcement.
   § 17-1606.   Penalties and Other Remedies.
   § 17-1607.   Economic Opportunity Review Committee.
   § 17-1608.   Annual Disparity Assessment of Workforce Diversity.
   § 17-1609.   Protection Against Retaliation
Chapter 17-1700.  Prompt Payment of City Vendors and Their Subcontractors
   § 17-1701.   Definitions.
   § 17-1702.   Prompt Payment of City Vendors.
   § 17-1703.   Prompt Payment of Subcontractors.
Chapter 17-1800.  Philadelphia Re-Entry Employment Program ("PREP") for Returning Citizens
   § 17-1801.   Definitions.
   § 17-1802.   Duties of City Contractors and Those Receiving Financial Assistance.
Chapter 17-1900.  Equal Benefits
   § 17-1901.   Definitions.
   § 17-1902.   Equal Benefits.
   § 17-1903.   Mandatory Provisions; Certifications.
   § 17-1904.   Waivers.
   § 17-1905.   Enforcement.
Chapter 17-2000.  First Source Jobs Policy
   § 17-2001.   Definitions.
   § 17-2002.   First Source Jobs Policy.
   § 17-2003.   Duties of the Designated Department.
   § 17-2004.   Duties of Beneficiaries.
   § 17-2005.   First Source Registry.
   § 17-2006.   First Source Employment Agreement.
   § 17-2007.   Reporting Requirements.
   § 17-2008.   Good Faith Compliance.
   § 17-2009.   Penalties.
Chapter 17-2100.  Conflicts Counsel Contracts
   § 17-2101.   General Provisions Relating to Certain Conflicts Counsel Contracts.
   § 17-2102.   Council Review of Contracts with Certain Entities.
Chapter 17-2200.  Labor Peace Agreements for Hotels Where the City Has a Financial Interest
   § 17-2201.   Legislative Findings.
   § 17-2202.   Definitions.
   § 17-2203.   No-Strike Pledge Requirement for Hospitality Operations.
   § 17-2204.   Limitations.
   § 17-2205.   Severability.
CHAPTER 17-100.  PROCUREMENT CONTRACTS
§ 17-101.  Prequalification of Prospective Bidders for Contracts for Construction of Public Works. 2
   (1)   Public Works. In order to determine whether any prospective bidder for a City contract for construction of public works to be awarded pursuant to § 8-200(2) of the Charter is a responsible bidder, the Procurement Department shall, not later than one week prior to the time of the opening of bids for such contract, require every prospective bidder to file a certified statement on a form supplied by the Procurement Department.
   (2)   Statement. Such certified statement shall set forth in full the information requested by the Procurement Department regarding the responsibility of the prospective bidder, including but not limited to information concerning:
      (a)   financial resources;
      (b)   plant and equipment facilities;
      (c)   organization and personnel;
      (d)   prior experience;
      (e)   record of performance of prior contracts. 3
   (3)   Qualifications. Not later than 96 hours prior to the time of opening of bid, the Procurement Department acting in concert with the appropriate operating Department shall: 4
      (a)   review or investigate all such statements received;
      (b)   determine the responsibility of all prospective bidders filing such statements;
      (c)   notify all prospective bidders whether or not they have been found to be responsible bidders.
   (4)   Appeal. Any person aggrieved by a determination made under § 17-101(3) may, within 24 hours after receipt of such notice, request a hearing before a board of three members, to be composed of the Procurement Commissioner and two other heads of departments, chiefs of bureaus or other City officials to be designated by the Managing Director and may present such further evidence with respect to his responsibility or the responsibility of other prospective bidders as would justify a different determination.
   (5)   Review. The hearing officers shall review the responsibility of all prospective bidders who have filed statements, consider all the evidence presented, and render a prompt decision thereon.
   (6)   Other Contracts. In order to determine whether any prospective bidder for a City contract other than for public works is a responsible bidder, the Procurement Department may require the bidders to submit such information as will enable the Department to ascertain their qualifications.
   (7)   Disqualification. Nothing contained in this Section shall prohibit the Procurement Department from disqualifying any bidder at any time prior to the award of a City contract if the Procurement Department obtains information which in its opinion adversely affects the responsibility of such bidder. 5
§ 17-102.  Rights and Liabilities of Persons Who Solicit or Bid for City Contracts. 6
   (1)   If any prospective bidder makes a false or deceptive statement in any such certified statement or makes any material omission therein, he shall be liable to the City in the amount of the certified check filed as security for his bid, as liquidated damages.
   (2)   Unless an advertisement or other written invitation to bid competitively for a City contract expressly provides for a different period, any person may withdraw any bid filed and any security therefor and may refuse to enter into any contract with the City if his bid has not been accepted within 60 days of the opening for bids. 7
   (3)   Any bidder, not lawfully released from his bid, who refuses to execute a contract in accordance with his bid which the Procurement Department has accepted, or refuses to furnish required bonds, shall be liable to the City in the amount of the certified check filed as security for his bid, as liquidated damages; or shall be comparably liable on any annual bid bond which the Procurement Department has accepted pursuant to Section 8-200(2)(a) of the Charter; or where the damages are readily ascertainable, such bidder shall be liable for the actual loss or damage sustained by the City by the failure of such bidder to perform the contract. 8
   (4)   The cost to successful bidders for the preparation of the contract documents shall be in accordance with such schedule of fees as the Law Department may establish to cover the costs of such preparation. 9
   (5)   (a)   As to each bid which is advertised by the Procurement Department and publicly opened, each person submitting a bid shall pay a processing fee, as follows:
         (i)   During the City's Fiscal Year 1993, the following fee depending on the amount of the bid:
 
Amount of the Bid
Processing Fee
$10,001 - 100,000
$10
$100,001 - 300,000
$30
$300,001 - 500,000
$50
$500,001 - 1,000,000
$100
$1,000,001 - 2,000,000
$200
$2,000,001 - 3,000,000
$300
$3,000,001 - 4,000,000
$400
$4,000,001 - 5,000,000
$500
Over $5,000,000
$600
 
         (ii)   During the City's Fiscal Year 1994 and thereafter, the fee shall be in an amount set by the Procurement Department by regulation. In promulgating such regulations, the Procurement Department shall determine the fees that are required to reimburse the City for the costs it incurs in processing bids to which this subsection 17-102(5) applies. Until the Procurement Department promulgates such regulations, the fees set forth in subsection 17-102(5)(a)(i) shall continue in effect.
      (b)   The Procurement Department shall not accept any bid from any person who has: (i) failed to pay any processing fee imposed by this Section as to any previously submitted bid; and (ii) failed to comply with a written request for such payment within the time period specified in the notification sent by the Procurement Department pursuant to subsection 17-102(5)(c). In addition, in every contract awarded based on a bid to which this subsection 17-102(5) applies, a provision shall be included that obligates the bidder to pay any unpaid processing fees imposed by this Section before any payments are made to the bidder under the contract.
      (c)   The Procurement Department shall notify any bidder who has failed to pay any processing fee imposed by this Section of such fact. Such notification shall inform the bidder of the consequences of the failure to pay such fee as set forth in subsection 17-102(5)(b), and shall request payment within a specified time period.
      (d)   In addition to the remedies set forth in subsection 17-102(5)(b), any unpaid processing fees imposed by this Section shall be considered a debt due and owing the City and shall be collected in the manner provided by law.
§ 17-103.  Bonds Relating to Procurement Contracts.
   (1)   The Procurement Department, with the consent of the Law Department, may permit the reduction of a contractor's bond or the substitution of a new bond in smaller amount whenever a contractor has satisfactorily performed his basic obligation to perform duties of maintenance or repair as to work done or goods supplied. 10
   (2)   Labor and Materials Bonds. The Procurement Department shall, in accordance with the Acts of June 22, 1931, P.L. 880 and P.L. 881, 53 P.S. §§ 523 et seq., require labor and materials bonds before work is commenced under any contract for the construction, erection, installation, completion, alteration, repair, or addition to, any public work or improvement of any kind where the amount of the contract is in excess of $1,000. 11
§ 17-104.  Prerequisites to the Execution of City Contracts. 12
   (1)   Definitions. For the purpose of this subsection, the following definitions shall apply:
      (a)   Business Entity. Any individual, domestic corporation, foreign corporation, association, syndicate, joint stock company, partnership, joint venture, or unincorporated association, including any parent company, subsidiary, exclusive distributor or company affiliated therewith, engaged in a business or commercial enterprise.
      (b)   City. The City of Philadelphia.
      (c)   City Agency. The City of Philadelphia, its departments, boards and commissions.
      (d)   City-related Agency. All authorities and quasi-public corporations which either:
         (.1)   receive appropriations from the City; or
         (.2)   have entered into continuing contractual or cooperative relationships with the City; or
         (.3)   operate under legal authority granted to them by City ordinance.
      (e)   Department. The Procurement Department.
      (f)   Doing Business in Iran. A business entity does business in Iran when it has, with actual knowledge, made an investment of $20,000,000 or more, or any combination of investments of at least $10,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period, and which directly or significantly contributes to the enhancement of Iran's ability to develop the petroleum or natural gas resources of Iran.
      (g)   Doing Business in Sudan. A business entity does business in Sudan by maintaining or leasing equipment, facilities, personnel, or other apparatus of business or commerce in oil-related activities, mineral extraction activities, power production activities, or production of military equipment of Sudan, unless the business can demonstrate that it meets one of the exceptions set forth in Section 3(d) of the Sudan Accountability and Divestment Act of 2007, P.L. 110-174, 121 Stat. 2516 (2007).
      (h)   Exclusion From Disqualification. A situation in which (i) the business entity has been affirmatively excluded from the United States Government's sanctions regime relating to Sudan or Iran, as applicable; or (ii) the business entity is terminating business in Iran or Sudan, as applicable.
      (i)   Federal Override with Respect to Iran. A circumstance in which the Congress or President of the United States has affirmatively and unambiguously declared, by means including, but not limited to, legislation, executive order, or written certification from the President to Congress, that (.1) the Government of Iran is no longer seeking a nuclear weapons capability and no longer supports international terrorism; or (.2) local government laws or policies regarding economic disengagement from Iran interfere with the conduct of United States foreign policy.
      (j)   Federal Override with Respect to Sudan. A circumstance in which:
         (.1)   the Congress or President of the United States affirmatively declares that the government of Sudan has:
            (.a)   honored its commitments to abide by United Nations Security Council Resolution 1769 (2007);
            (.b)   ceased attacks on civilians;
            (.c)   demobilized and demilitarized the Janjaweed and associated militias;
            (.d)   granted free and unfettered access for delivery of humanitarian assistance; and
            (.e)   allowed for the safe and voluntary return of refugees and internally displaced persons;
         (.2)   the President of the United States rescinds or repeals Executive Order 13067, and does not replace the Order with a substantially similar Order; or
         (.3)   the Congress or President of the United States affirmatively and unambiguously declares, by means including, but not limited to, legislation, executive order, or written certification from the President to Congress, that local government laws or policies regarding economic disengagement from Sudan interferes with the conduct of United States foreign policy.
      (k)   Government of Iran. The Government of The Islamic Republic of Iran, its instrumentalities, and companies owned or controlled by the Government of Iran.
      (l)   Sudan. The government in Khartoum, Sudan that is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006, including the coalition national unity government agreed on in the comprehensive peace agreement for Sudan. The term Sudan does not include the regional government of Southern Sudan.
      (m)   Terminating Business in Iran or Sudan. Has produced a plan to end doing business in Iran or Sudan, as applicable, within one year and has been implementing its plan in good faith in order to disinvest or cease business operations over the twelve month period following adoption of the plan.
   (2)   Slavery Era Business/Corporate Insurance Disclosure and Financial Reparations. 13
      (a)   Business, Corporate and Slavery Era Insurance Ordinance. This subsection shall be known and cited as the "Business, Corporate and Slavery Era Insurance Ordinance". The purpose of this subsection is to promote full and accurate disclosure to the public about any slavery policies sold by any companies, or profits from slavery by other industries (or their predecessors) who are doing business with any City Agency or City-related Agency.
      (b)   Each contractor with whom a City Agency enters into a contract, whether subject to competitive bid or not, shall, immediately following execution of the contract, complete an affidavit verifying that the contractor has searched any and all records of the company or any predecessor company regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era. The names of any slaves or slaveholders described in those records must be disclosed in the affidavit.
      (c)   The Department shall make the information contained in the affidavit available to the public, including but not limited to making the information accessible on the City's internet accessible world wide web home page and provide an annual report to the City Council.
      (d)   If a contractor fails to provide the affidavit when required or includes materially false information on such affidavit, the contract shall be voidable.
      (e)   City Related Agencies. Any contract, lease, grant condition or other agreement entered into by the City with any City-related Agency shall contain a provision requiring the City-related Agency, in the procurement of goods and services purchased pursuant to such contract, lease, grant condition or other agreement with the City, to abide by the provisions of subsection 17-104(2).
      (f)   Any City Depository authorized to receive City deposits under Section 19-201 of this Code shall: 14
         (.1)   by January 1 of each year, provide the City with an annual certification that it is in compliance with the requirements of this Section; and
         (.2)   if it has disclosed, pursuant to this subsection, slavery policies it, or its predecessor, has sold or profits from slavery it, or its predecessor, has received, provide the City with a statement of financial reparations. The reparations statement shall include a description of any new financial products or programs developed by the depository to address racial disparity in its lending and investment activities.
   (3)   Contractor Obligation to Disclose the Number of Women and Minorities Serving as Board Members and Executive Staff. 15
      (a)   Bid conditions, requests for proposals, and all other specifications for contracts awarded by the City must require that bidders and all others seeking City contracts must:
         (i)   disclose the current percentage of female and minority executive officers in the company and the current percentage of females and minorities on the company's executive and full boards;
         (ii)   the company's aspirational goals for the inclusion of females and minorities in executive positions and on the executive and full boards; and
         (iii)   the intended efforts by the contractor to achieve the aspirational goals.
      (b)   For purposes of this subsection (3), the term "minority" shall include members of those groups identified in Section 17-1608 of the Code ("Annual Disparity Assessment of Workforce Diversity") whose employment establishes workforce diversity.
   (4)   Prohibited Contracts. 16
      (a)   Entities Doing Business in Northern Ireland. In the procurement of goods and services, no City Agency may accept any bid from, nor enter into an original or renewal contract with, nor purchase any product manufactured by any Business Entity having any investments, licenses, franchises, management agreements or operations of any kind in Northern Ireland, if such Business Entity has not implemented the fair employment principles embodied in the MacBride Principles.
      (b)   Entities Doing Business in Iran or Sudan. 17 In the procurement of goods and services, no City Agency may accept any bid from, nor enter into an original or renewal contract with, nor purchase any product manufactured by any Business Entity doing business in Iran or Sudan, unless a federal override with respect to Iran or Sudan, as applicable, is in place or unless an exclusion from disqualification applies. In the case of disqualification of a business entity from a City contract based on doing business in Sudan, the procedural requirements of Section 3(e) of the Sudan Accountability and Divestment Act of 2007, P.L. 110-174, 121 Stat. 2516 (2007), shall apply in addition to procedural requirements otherwise provided for in this Section.
      (c)   Contract Requirements. 18
         (.1)   Each City bid and contract must contain a clause stating that the Business Entity does not retain any investments, licenses, franchises, management agreements, or operations in Northern Ireland nor that any products being delivered pursuant to the contract originate in Northern Ireland, unless the Business Entity has implemented the fair employment principles embodied in the MacBride Principles.
         (.2)   Each City bid and contract must contain a clause stating that the Business Entity does not do business in Iran or Sudan, and that no products being delivered pursuant to the contract were manufactured by an entity doing business in Iran or Sudan, unless a federal override with respect to Iran or Sudan, as applicable, is in place or unless an exclusion from disqualification applies. 19
         (.3)   The false execution of a bid or contract in accordance with subsections 17-104(4)(c)(.1) or (.2) shall result in the following: 20
            (i)   A prospective bidder shall be liable to the City in the amount of the bid surety provided by the bidder, as liquidated damages;
            (ii)   A contractor shall be deemed to be in breach of its contract, for which the remedy shall be the cancellation or termination of the contract and the withholding of voucher payments due and owing under the contract; and
            (iii)   Business Entities that falsely execute a bid or contract shall be ineligible to bid on City contracts or subcontracts for a period of up to five (5) years.
      (d)   Notice. All invitations to bid, bid specifications, and contracts shall contain an appropriate notice and description of the duties, obligations, responsibilities, requirements, penalties, and sanctions imposed by this subsection. 21
      (e)   Waivers. 22
         (.1)   The Department may waive compliance with the provisions of subsection 17-104(4)(a) or (b) on one or more of the following grounds: 23
            (i)   The contract is for the purchase of goods and services from a sole source where there are no other sources available following extensive search certified to by the Procurement Commissioner;
            (ii)   The purchase or contract during any fiscal year is less than or equal to the City's formal contract amount;
            (iii)   The contract involves amendments to, or modifications of, contracts in existence on March 17, 1995 (with respect to the restrictions of subsection (a)) or January 1, 2010 (with respect to the restrictions of subsection (b)), and said amendments or modifications do not significantly alter the scope or extend the duration of the contract; 24
            (iv)   The contract is for the purchase of goods and services which are needed for the continued operation of equipment, mechanical or other systems that were purchased by the City prior to March 17, 1995 (with respect to the restrictions of subsection (a)) or January 1, 2010 (with respect to the restrictions of subsection (b)), and cannot be procured from any other source and is so certified by the Procurement Commissioner; 25
            (v)   The contract is for the purchase of goods and services which are necessary and essential to the protection of the public health and safety and cannot be procured from any other source and is so certified by the Procurement Commissioner;
            (vi)   The contract is for the acquisition of news publication services, or for the acquisition of books, magazines or other publications;
            (vii)The contract is for the acquisition of long distance telephone, telegraph or mail services;
            (viii)The City may waive the prohibitions contained in subsection 17-104(4)(a) or (b) if the Procurement Commissioner certifies that the added cost to the City as a result of applying said prohibition exceeds ten percent (10%) of the otherwise lowest responsible bidder; 26
            (ix)   The City may waive the prohibitions contained in subsection 17-104(4)(a) or (b) if the Procurement Commissioner certifies that applying said prohibition may result in the loss of federal, state or similar funds or grants. 27
         (.2)   All waiver decisions including supporting documentation, shall be matters of public record. Copies of certifications by the Procurement Commissioner shall be forwarded to the President of City Council no later than one (1) week following award.
      (f)   Contracts with a federal or state chartered bank or holding or trust company or federal or state savings or building and loan association, thrift institution or any other institution permitted by state or federal law to receive deposits of money and to pay out such money through loans, draft accounts or the sale of financial institution securities shall not be subject to this subsection 17-104(4)(a) or (b), but shall be subject to Section 19-201 of The Philadelphia Code. 28
      (g)   Grievances. Any Business Entity aggrieved by the decision of the Department that the City may not contract with the Business Entity pursuant to subsection 17-104(4)(a) or (b), or that action shall be taken pursuant to subsection 17-104(4)(a) or (b), may request a hearing before the Department. Such request shall be in writing and shall be filed within twenty-four (24) hours after receipt of written notification by the Department of its decision. 29
      (h)   Rules and Regulations. The Department shall promulgate such rules, regulations and procedures as it may deem necessary to aid in the administration and enforcement of the provisions of this subsection 17-104(4). Such rules and regulations shall include, but not be limited to, the following: 30
         (.1)   Standards, guidelines and procedures for the granting of waivers in accordance with subsection 17-104(4)(e); 31
         (.2)   Pre-qualification procedures for Business Entities that bid on contracts on a regular basis;
         (.3)   Procedures for investigating Business Entities bidding on, or awarded, contracts in order to ascertain the origins of their goods and products and determine whether the City may contract with said Business Entities pursuant to subsection 17-104(4)(a) or (b), including the gathering and interpretation of information received from public and private sources. 32
      (i)   Professional Service Contracts. The provisions of subsection 17-104(4) apply to contracts for the rendering of professional services. However, the enforcement of the provisions of this subsection 17-104(4) with respect to such contracts shall be the duty of the Director of Finance, and any powers and duties of the Procurement Department under this subsection 17-104(4) shall also constitute the powers and duties of the Director of Finance with respect to professional service contracts. 33
      (j)   City Related Agencies. Any contract, lease, grant condition or other agreement entered into by the City with any City-related Agency shall contain a provision requiring the City-related Agency, in the procurement of goods and services purchased pursuant to such contract, lease, grant condition or other agreement with the City, to abide by the provisions of subsection 17-104(4). Such provision shall require City approval for any waivers from compliance with the provisions of subsection 17-104(4)(a) or (b). 34
      (k)   Penalties. A vendor's failure to comply with any of the requirements of this subsection, or of any contract clause mandated by this subsection, shall be deemed a material breach by such vendor of its contract and the following sanctions and penalties shall be applied: 35
         (.1)   The cancellation or termination of the contract or subcontract and the withholding of voucher payments due and owing under the contract or subcontract; and
         (.2)   For a first offense, the imposition of a fine or penalty of not less than fifty (50) dollars nor more than one hundred (100) dollars per day for each day the violation persists; or
         (.3)   For a second offense, the imposition of a fine or penalty of not less than one hundred (100) dollars nor more than two hundred (200) dollars per day for each day the violation persists; or
         (.4)   For a third offense, the imposition of a fine of not less than three hundred (300) dollars per day for each day the violation persists and denial of eligibility to bid on City Agency contracts for a period of not less than three (3) nor more than five (5) years. 36
      (l)   Enforcement. For the purpose of enforcement of the provisions of this ordinance, the Department shall subscribe to information reporting services on the Investor Responsibility Research Center (Washington, D.C.). Such reporting services shall be used by the Department to periodically review the degree of compliance by City contractors with the provisions of this ordinance. This report shall be made available to the public free of charge by request of the Procurement Department. 37
      (m)   Repeat Offenders. A vendor who, on more than two (2) occasions, fails to comply with any of the requirements of this subsection, or of any contract clause mandated by this subsection, shall be guilty of a separate offense of Repeat Violation, and for such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or both. A person shall be guilty of a Repeat Violation regardless whether the third or subsequent violation occurs before or after a judicial finding of a previous violation, but only if the third or subsequent violation was intentional. Each violation, after the second, shall constitute a separate Repeat Violation offense. 38
§ 17-105.  Payment of City Contractors. 39
   (1)   No requisition for any payment under any contract shall be issued by the agency supervising performance of the contract unless the agency has assured itself that all the terms and conditions have been performed.
§ 17-106.  General Provisions Relating to City Contracts and Bonds. 40
   (1)   No surety bond required for the protection of the City shall be approved by the Law Department unless the condition thereof is guaranteed by a surety company duly authorized and licensed to act as surety by the Insurance Commissioner pursuant to the laws of the Commonwealth of Pennsylvania, Act of April 28, 1978, P.L. 202, 40 P.S. §§ 832 et seq., as amended.
   (2)   The Law Department may cancel or terminate liability upon any bond given to the City when the conditions of the bond have been performed and complied with or other security approved by the Law Department has been substituted. 41
   (3)   The Procurement Department may establish such monitoring procedures and reporting requirements for surety companies as are deemed necessary for the protection of the City.
§ 17-107.  Contractors: Labor-Management Relationships. 42
   (1)   Definitions. In this Section, the following definitions apply: 43
      (a)   Board. The Board of Labor Standards.
      (b)   City-Work. All building or construction work under a contract with the City, for compensation that exceeds two thousand dollars ($2,000), including repair, alteration and remodeling done on behalf of the City under a contract awarded by the City; and all offsite fabrication of sheet metal ducts or similar sheet metal products for heating, ventilating, and air-conditioning systems produced as non-standard items for such work; and all other non-professional service contracts with the City for compensation that exceeds two hundred thousand dollars ($200,000), or in the case of building service contracts for compensation that exceeds one hundred thousand dollars ($100,000); and subcontracts of all or a portion of such non-professional service contracts. 44
      (c)   Competent and First Class Workmen and Mechanics. Only those workmen and mechanics who are duly skilled in their respective fields and who receive no less than the prevailing wages and are given no less than prevailing working conditions.
      (d)   Building Service Employee. A person performing work in connection with the care and maintenance of a building or property, including but not limited to watchman, guard, doorperson, building cleaner, janitor, custodian, porter, maintenance person, handyperson, elevator operator or starter, window cleaner, desk clerk, housekeeper, gardener, groundskeeper and cleaner of public property or the public right-of-way. 45
      (e)   Building Service Contract. Any contract for the provision of services performed by building service employees, and includes any subcontracts for such services. 46
      (f)   Contractor. Any employer who has been awarded a contract for City-work.
      (g)   Contract or Contracts. A Contract or Contracts for the performance of City-work entered into by the City with any contractors and all contracts entered in between such contractors and subcontractors for such work.
      (h)   Non-professional Service Contracts. Contracts for the provision of the following non-professional services only: landscaping; building care and maintenance; custodial/janitorial housekeeping; security guard service; demolition; snow removal; stucco; roof capping; furniture moving; locking systems and repairs; mechanical/HVAC maintenance and repairs; elevators, escalators, and electrical maintenance and repair, and subcontracts of all or a portion of such contracts. Non-professional services performed under the terms of a professional service contract, whether directly or by reason of a subcontract, shall be subject to this Section if the compensation for non-professional services under the prime contract exceeds two hundred thousand dollars ($200,000); or in the case of building service contracts the compensation for building services under the prime contract exceeds one hundred thousand dollars ($100,000). 47
      (i)   Director. Such official as the Mayor shall designate to be in charge of the Unit.
      (j)   Employee. Any workman, mechanic, or building service employee of an employer who is performing city-work. 48
      (k)   Employer. Any person who is a party to a contract or subcontract for the performance of any city-work.
      (l)   Occupational Classification. The specific categories of jobs within a given craft, trade, service or industry for which a separate hourly wage rate for the Philadelphia area is determined by the Secretary of Labor of the United States, in accordance with the provisions of the Davis-Bacon Act, 40 U.S.C. §§ 276a et seq., the Service Contract Act, 41 U.S.C. § 351, or other related acts. Where no relevant category is available, the term shall mean the specific categories of jobs within a given service or industry which, in the opinion of the Director, are recognized in such service or industry as sufficiently distinct so as to merit a separate hourly wage rate.
      (m)   Prevailing Wages.
         (.1)   With respect to each classification of building service employee, as follows: The aggregate of (a) the greater of (i) the wage paid to the majority (more than 50 percent) of workers in the classification at similar locations in the City of Philadelphia, or, if the same wage is not paid to a majority of those employed in the classification, the average of the wages paid weighted by the total employed in the classification at similar locations; provided that the Director is authorized to determine a reasonable approximation of the foregoing or (ii) the wages determined by the Secretary of Labor under the Service Contract Act, 41 U.S.C. § 351 et seq. for that classification; and (b) the greater of the additional benefits provided to the majority (more than 50 percent) of workers in the classification at similar locations in the City of Philadelphia, 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. for that classification, for which a monetary equivalent may be determined. 49
         (.2)   With respect to any other occupational classification for which the Secretary of Labor of the United States has calculated a prevailing wage pursuant to the Davis-Bacon Act, 40 U.S.C. §§ 276a et seq., as follows: The aggregate of (a) the hourly wage for the respective occupational classifications within a given craft, trade or industry for the Philadelphia area, determined by the Secretary of Labor of the United States in accordance with the provisions of the Davis-Bacon Act; provided, however, that during the period of any substantial work stoppage involving rates of wages in a given craft, trade or industry, such wages for such craft, trade or industry shall be those as last so determined by the Secretary of Labor prior to such work stoppage and (b) the additional benefits, for which a monetary equivalent may be determined, and which are given employees pursuant to a bona fide collective bargaining agreement for such craft, trade or industry in the Philadelphia area, or the monetary equivalent of such benefits. 50
         (.3)   With respect to all other occupational classifications, as follows: The aggregate of (a) the greater of (i) the wage paid to the majority (more than 50 percent) of the workers in the classification on similar projects in the Philadelphia area, or, if the same wage is not paid to a majority of those employed in the classification, the average of the wages paid weighted by the total employed in the classification; provided that the Director is authorized to determine a reasonable approximation of the foregoing or (ii) the wages determined by the Secretary of Labor under the Service Contract Act, 41 U.S.C. § 351 or other related acts for that classification; and (b) the additional benefits, for which a monetary equivalent may be determined, and which are given employees pursuant to a bona fide collective bargaining agreement for such service in the Philadelphia area, or the monetary equivalent of such benefits. 51
         (.4)   With respect to the calculation of prevailing wage rates for occupational classifications defined in subsection (.2) above, the Director may ascertain and consider the wage rates and employee benefits established by collective bargaining agreements. Where such collective bargaining agreements establish a series of wage rates over multiple years, the Director shall issue a multi-year wage determination with respect to wages for the corresponding classification of employees for each year covered by the terms of the relevant collective bargaining agreements. 52
      (n)   Prevailing Working Conditions. The conditions other than those covered by prevailing wages as used herein, which are given employees pursuant to a bona fide collective bargaining agreement for the respective craft, trade or industry in the Philadelphia area. Prevailing Working Conditions shall only be applicable to City-work relating to building or construction work.
      (o)   Unit, or Philadelphia Labor Standards Unit. Such officers or personnel as the Mayor may designate to perform the functions assigned by this Section to the Unit, or to report to the Director in furtherance of the duties assigned to him or her.
      (p)   City. The City of Philadelphia. 53
      (q)   City Agency. The City of Philadelphia, its departments, boards and commissions. 54
      (r)   City-related Agency. 55 All authorities and quasi-public corporations which either:
         (i)   receive appropriations from the City; or
         (ii)   have entered into continuing contractual or cooperative relationships with the City; or
         (iii)   operate under legal authority granted to them by City ordinance.
      (s)   Similar Locations. 56 All commercial office buildings of at least 50,000 square feet located in the City of Philadelphia.
   (2)   Contracts.
      (a)   The specifications for all city-work contracts shall contain a provision stating the minimum wages to be paid for each occupational classification of employees. Such minimum wages shall be the prevailing wages as defined herein for the corresponding classification of employees. If, prior to the execution of the city work contract, the Director has issued a multi-year wage determination for the corresponding classification of employees, the city work contract shall also contain a provision mandating that the contractor and each subcontractor shall pay each affected worker any new prevailing wage rate, as of the first date on which the new prevailing wage rate is effective. 57
      (b)   Every City-work contract shall contain a provision that all employees performing city-work other than apprentices and job trainees as provided below shall be paid at least the applicable prevailing wages and given at least the applicable working conditions; and that, upon any violation of this Section or any regulations promulgated hereunder, the City may withhold any sums remaining due on the contract until such time as the violation is remedied or, if the violation is not remedied promptly, the City may make such payments directly to affected employees, out of withheld sums, as may be necessary to remedy the violation. For employees other than building service employees, the applicable prevailing wages shall be the prevailing wages for journeymen. 58
         (.1)   An apprentice may be paid less than the prevailing wage, provided that:
            (.a)   Such apprentice is employed pursuant to, and individually registered in, a bona fide apprenticeship program registered with the United States Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau.
            (.b)   The ratio of apprentices to journeymen on the job site in any craft classification is not greater than the ratio generally prevailing in the relevant trade, craft or industry in the Philadelphia area, as determined by the Director.
            (.c)   Such apprentice is paid the full amount of fringe benefits set forth in subsection 17-107(1)(k)(.1)(b), 59 with respect to the definition of prevailing wage.
         (.2)   A bonafide member of a job training program may be paid less than the prevailing wage if said training program's primary purpose is to provide construction training opportunities and that the said training program has been approved by the City, a City Agency, or City-related Agency, and provided that the size of the construction project does not exceed 8 housing units. 60
         (.3)   No building service employee shall be or be deemed to be an apprentice or job trainee. 61
      (c)   Every City-work contract shall contain a provision that the contractor shall require all subcontractors to, and shall itself, comply with and be bound by all the provisions of this Section; and requiring the contractor to attach the applicable wage-rate information to all subcontracts. A violation by any subcontractor shall be deemed a violation by the prime contractor, as well.
      (d)   Every city-work contract shall contain a provision requiring the contractor to post the applicable prevailing wage rates in an area easily accessible by all employees on each job site.
      (e)   Every City-work contract shall contain a provision requiring the contractor to submit to the Unit a compilation contractor listing no later than seven (7) days before the starting date of work on any such contract, and to notify the Unit of any changes in the information contained in such listing within five (5) days of any such changes. Such listing shall include, for each contractor and subcontractor working on the contract:
         (.1)   the name, address, telephone number and contact person.
         (.2)   The applicable bid number(s).
         (.3)   Estimated starting and completion dates for each contractor and subcontractor and for all work on the contract, and for each distinct phase of work on the contract.
         (.4)   The dollar value of each contract and subcontract.
         (.5)   Each contractor and subcontractor's commercial activity license number and federal tax identification number. 62
         (.6)   A detailed scope of work to be performed by all subcontractors.
   (3)   Every contractor and/or subcontractor shall keep an accurate record preserved on employee time sheet or time cards showing the name, address, social security number, occupational classification, wages and other benefits paid or provided, and number of hours worked for each employee assigned to City-work, and such record shall be preserved at the current place of business of the employing contractor or subcontractor for two years from the date of final payment on the contract. The contractor shall maintain and make his or her accounting and employment records and records relating thereto available for inspection by authorized representatives of the Unit, at all reasonable hours, and shall permit such representatives to interview employees during the hours on the job, all without prior notice. No contractor shall allow any employee or other person to interfere with any such inspection or interview.
      (a)   If fringe benefits are paid into a benefits plan, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan is financially responsible, that the plan has been communicated in writing to the covered employees, and the costs anticipated or the actual costs incurred in providing such benefits.
      (b)   Contractors employing apprentices under approved programs shall maintain written evidence of the registration of such programs, the registration of the apprentices and the ratios and wage rates prescribed in the applicable programs.
   (4)   All contractors and subcontractors performing City-work shall, upon commencement of work activity submit certified payrolls through the prime contractor on a weekly basis, not later than seven (7) days after completion of the work week, file with the Unit a copy of payroll Form WH-347 (Weekly Certified Payroll), and a certified statement setting forth (to the extent not included in the Payroll) the name, address, occupational classification, wages and other benefits paid or provided and number of hours worked with respect to each employee performing City-work. The Director may, by regulation, require such information to be submitted in machine-readable form. The certification shall affirm that the statement and payroll are correct and complete, that the wages set forth therein are not less than those required by the contract and this Section for City-work and that the occupational classification set forth for each employee conforms with the work he performed and that each employee, including any apprentices, employed during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 C.F.R. Part 3, relating to contractors on public works projects. The requirements set forth herein shall be contained in every City-work contract.
      (a)   All payrolls shall bear the applicable bid number(s), and shall be numbered sequentially by each contractor and subcontractor, with the initial payroll on a contract or subcontract marked "Initial", and the final payroll on the contract or subcontract marked "Final".
      (b)   All certifications and payrolls shall bear the original 63 signature of the president of the company or a company officer with power of attorney.
   (5)   Employee Complaints.
      (a)   No person shall take any adverse action against any other person (including discharge or other discrimination in employment) for filing a complaint under this subsection or for otherwise reporting any violation of this Section or instituting or testifying in any proceeding relating to any violation of this Section.
   (6)   The Unit shall have the responsibility of administering this Section and in connection therewith shall:
      (a)   Maintain a current schedule of the prevailing wages and working conditions for each occupational classification in each craft, trade, service and industry involved in City-work.
      (b)   Receive and refer to the Commissioner under whose supervision a City-work contract is being performed, complaints against any contractor or subcontractor for alleged violations of this Section or the provisions of the City-work contract required hereby. Thereafter, the Director shall investigate such complaints and in connection therewith or with respect to any investigation shall have full power and authority to subpoena any witness, books, records, or other data of any person for the purposes of obtaining information pertinent to such investigation. The Director shall make a finding in writing with respect to each complaint filed, and shall send a copy thereof to the complainant and the contractor and shall maintain it on file. Upon request, the unit shall provide any affected contractor or subcontractor with a hearing, pursuant to subsection 8(e).
      (c)   Monitor the daily operations of contractors and subcontractors with respect to City-work contracts to insure compliance with this Section and with the prevailing wage provisions of any City-work contract.
   (7)   Board of Labor Standards. There is hereby created a Board to be known as the Board of Labor Standards.
      (a)   The Board shall consist of five (5) persons to be appointed by the Mayor. One member shall be from among representatives of labor organizations in the building and construction fields; one member from among employers in the building and construction fields who employs competent and first class workmen and mechanics; two public members; and one City employee who shall be the Chairman. In addition, the Mayor may appoint for each member an alternate selected from the same group as the member for whom he is to act. Such alternate shall have all of the powers and responsibilities and may act in place and stead of the member in the member's absence or unavailability for any reason.
      (b)   The Board shall serve as an appeal body to review the findings made under subsection (6)(b) of this Section or any other violation found by the Director.
         (.1)   No appeal shall be considered unless after the completion and determination of the due process hearing by the Labor Standards Unit the appeal is filed in writing with the Board within ten (10) days of the date that the findings or violation notice was sent to the parties.
         (.2)   Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or commission of the City or organization affected by these findings.
         (.3)   The Director and, if applicable, the operating department overseeing the contract, upon a notice of appeal, shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
         (.4)   In the exercise of its powers, the Board may reverse, affirm or modify the finding, order, or determination appealed from.
         (.5)   Hearings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine.
         (.6)   All Board hearings shall be open to the public and shall be recorded. Transcripts shall be prepared upon the request of and payment by any party to the appeal.
         (.7)   The Board may administer oaths and compel the attendance of witnesses and the production of records and documents for which purposes subpoenas may be issued.
         (.8)   The Board shall keep minutes of its deliberations showing the vote of each member or his alternate upon each appeal or, if absent or failing to vote, indicating such fact, and shall keep records of its hearings and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
         (.9)   The Board shall fix a reasonable time for the hearing of appeals and give due notice to the parties in interest, and decide the same within a reasonable time.
         (.10)   Any party may appear in person, by his attorney or by a representative acceptable to the Director; except that for good and proper cause the right of a representative to practice before the Board may be suspended by the Board. Statements by a person's attorney or representative on his behalf may be considered as testimony.
         (.11)   Findings of fact and conclusions of the Board shall be conclusive and binding upon the parties and shall not be subject to review by any court except on jurisdictional, procedural or legal grounds.
         (.12)   All reasonable costs associated with the appeal shall be payable to the City of Philadelphia by the appealing party, in advance of any appeal hearing.
   (8)   Enforcement.
      (a)   The violation of any requirement of this Section or of the provisions of a City-work contract required thereby shall be considered a substantial breach of the contractor's obligation under the contract. The requirements of this Section and of a City-work contract shall not be deemed to have been violated where it is contended that a particular craft, trade, service or industry is not the appropriate one and the wages and conditions applicable to another craft, trade, service or industry should have been used, provided that the prevailing wages have been paid and the prevailing working conditions given as determined for any craft, trade, service or industry specified in the contract.
      (b)   Upon a finding by the Director of a failure by any contractor or subcontractor to pay the applicable prevailing wage to any employee(s), the Director may direct the appropriate department(s) to withhold from the contractor on the applicable City-work contract such sums as the Director, in his or her discretion, believes appropriate to insure compliance, which may include but not be limited to any sums remaining due on the contract; or the amount determined still to be owing to the employees had the prevailing wage requirements been met; or a sum equal to one hundred and fifty percent (150%) thereof. Such withheld moneys shall be retained by the City until all employee(s) on the applicable City-work contract have received the appropriate wage payments under this Section.
         (.1)   Upon the conclusion of any appeals, or the expiration of time in which an appeal may be filed, from a finding of violation by the Director or a decision by the Director to direct the withholding of any sums, the Director may direct the appropriate department(s) to make such payments directly to affected employees, out of any withheld sums, as may be necessary to remedy the violation.
      (c)   No payments shall be made by the City on any contract or by any contractor on any subcontract, and no work shall be performed on any contract or subcontract if:
         (.1)   A current compilation contractor listing has not been filed with the Unit.
         (.2)   A contractor does not provide the Unit with access to documents or employees, or allows an employee or other person to interfere with such access or with an interview with an employee, in violation of subsection 3.
      (d)   To the extent any money owing to an employee under this Section is not timely paid by an employer, such money shall accrue interest at a rate of six percent (6%) per annum from the date of commencement of the violation.
      (e)   Upon notice from the Unit to a contractor or subcontractor that a violation has occurred, the contractor or subcontractor may make a written request for a hearing from the Unit, which request for hearing shall stay all penalties, except that any decision by the Director to withhold sums from a contractor or subcontractor shall not constitute a penalty and shall proceed.
   (9)   Penalties.
      (a)   No contract for City-work shall be awarded to any contractor or subcontractor, or any principal, affiliate, successor or assignee of any contractor or subcontractor, who has been found to have intentionally violated any provisions of this Section or who has been found to have violated this Section with respect to more than one City-work contract or subcontract within the past three years, until three years have elapsed from the date of the determination of such violation unless the Procurement Commissioner, after reviewing the recommendation of the Director, or the Board of Labor Standards, on appeal, shall fix a shorter period in view of extenuating circumstances relating to the particular violation.
      (b)   A fine of three hundred dollars ($300) for each violation committed against every employee on each project shall be imposed upon any contractor who:
         (.1)   Violates subsection 5(a), relating to retaliation. 64
         (.2)   Is found, after audit by the Unit, to have paid any employee less than the prevailing wage or provided to the employee less than the prevailing working conditions.
         (.3)   Is found, after audit by the Unit, to have paid any employee less than the prevailing wage or provided to the employee less than the prevailing working conditions, and subsequently fails to make timely remedy to the employee.
      (c)   A fine of three hundred dollars ($300) for each violation shall be imposed upon any contractor who: 65
         (.1)   Submits a second or subsequent late or incomplete payroll on any contract, in violation of subsection (4).
         (.2)   Does not provide the Unit with access to documents or employees, or allows an employee or other person to interfere with such access or an interview with an employee, in violation of subsection (3).
      (d)   Each act of retaliation, each underpayment of any employee, each late payroll and each failure to provide access or act of interference shall constitute a separate violation.
      (e)   For the purpose of enforcing the provisions of this Section, notices of violation shall be issued by authorized inspectors within the Labor Standards Unit or any other persons authorized to enforce ordinances. Such notices of violation shall be issued under the procedures set forth in § 1-112, except that the amount required to be remitted in response to a notice of violation shall be one hundred dollars ($100). 66
   (10)   City Related Agencies. Any contract, lease, grant, condition or other agreement entered into by the City with any City-related Agency shall contain a provision requiring the City-related Agency, in the procurement of (i) all building or construction work for compensation that exceeds twenty-five thousand dollars ($25,000), including repair, alteration and remodeling done on behalf of the City-agency under a contract awarded by the City-agency; and (ii) all offsite fabrication of sheet metal ducts or similar sheet metal products for heating, ventilating, and air-conditioning systems produced as non standard items for such work; and (iii) all other non-professional service contracts with the City-agency for compensation that exceeds two hundred thousand dollars ($200,000), including building service contracts except that such contracts need only exceed one hundred thousand dollars ($100,000); purchased pursuant to such contract, lease, grant, condition or other agreement with the City, to abide by the provisions of subsection 17-107(2), as if such procurement were for City-Work. The City may waive the requirements of subsection 17-107(2) if the Procurement Commissioner certifies that applying said prohibition may result in the loss of federal, state or similar funds or grants. The requirements of this paragraph and subsection 17-107(2) shall not apply to any City funded or City-related Agency funded housing rehabilitation or construction project that involves eight (8) or fewer housing units. 67
   (11)   Leases and Subleases. 68
      (a)   Lease means a lease of City property or property owned or managed by a City-related agency: which contains, or will contain, a building or complex of buildings of at least 50,000 square feet of at least one of the following types: commercial office, hospital, university, stadium, convention center, airport or port; which contains or will contain a residential building or complex of buildings of at least fifty (50) dwelling units, whether owned or rented by the occupants thereof; or that is leased to an authority operating a special services district or a NIDMA operating a business improvement district. Leases shall be deemed to include subleases, including tenant leases. 68.1
      (b)   Building service employees employed at properties subject to a lease as defined herein, whether employed directly by the lessee, or by a sub-lessee or tenant, or through a property management company or a contractor, will receive the prevailing wage.
      (c)   Every lease entered into by the City or a City-related agency shall contain a provision that all building service employees at the subject premises shall be paid at least the applicable prevailing wages; that the lessee will require all sub-lessees and tenants to, and the lessee shall itself, comply with and be bound by all provisions of this Section, as if such work were City-work and lessee a contractor; and that, upon any violation of this Section and any regulations promulgated hereunder, which is not promptly remedied, such additional sums as may be necessary to remedy the violation shall become due and owing under the lease. The City may make payments directly to affected employees, out of such additional sums, as may be necessary to remedy the violation.
      (d)   This subsection applies to all leases entered into, renewed, or extended after the effective date of this subsection.
   (12)   Recipients of Financial Assistance. 69
      (a)   Financial assistance means any grant, loan or loan guarantee, incentive, or subsidy provided by, or with the authority or approval of, the City or a City-related agency, including, but not limited to, bond financing; tax increment financing; use of the power of eminent domain; Community Development Block Grant loans or grants; Enterprise Zone designations, and waiver of City fees; subject to any restrictions imposed under applicable laws, financial assistance includes any transaction managed or administered by the City or a City-related agency, or over which, the City or a City-related agency has oversight authority, which offers financial benefits or assistance under City law or relief from the financial requirements or burdens of City law. For the purposes of this Section, the term "financial assistance" shall not include any real estate tax exemptions awarded pursuant to §§ 19-1303(2), 19-1303(3), 19-1303(4) or 19-1303(5).
      (b)   Building service employees employed at properties that benefit from financial assistance, whether employed by the owner, developer or lessee of the property, or through a property management company or a contractor, will receive the prevailing wage; this requirement applies at a building or complex of buildings of at least 50,000 square feet of at least one of the following types: commercial office, hospital, university, stadium, convention center, airport or port; or at a residential building or complex of buildings of at least fifty (50) dwelling units, whether owned or rented by the occupants thereof. Building service employees employed by an authority operating a special services district or a NIDMA operating a business improvement district, that receives financial assistance, or by a contractor of such an entity, shall receive the prevailing wage. This requirement shall apply for the duration of the assistance or ten (10) years from the issuance of a certificate of approval, whichever is later. 69.1
      (c)   Conditions.
         (.1)   Unless prohibited under state law, any contract, grant, condition or other agreement entered into by the City or any City-related Agency with a recipient of financial assistance shall contain a provision that all building service employees at the property shall be paid at least the applicable prevailing wages; and that the recipient will require all developers, owners, lessees and tenants to, and the recipient shall itself, comply with and be bound by all provisions of this Section, as if such work were City-work and the recipient a contractor.
         (.2)   Unless prohibited under state law, as a condition of obtaining financial assistance, the City or City-related agency shall require the recipient to post a bond in an amount sufficient to ensure compliance with the provisions of this Section and any regulations promulgated hereunder; if a violation is not promptly remedied, the City may make or direct payments to be made directly to affected employees, out of the proceeds of such bond, as may be necessary to remedy the violation.
         (.3)   Where state law prohibits the City or City-related agency from placing the conditions set forth above in subsections (.1) and (.2) on the receipt of financial assistance, a recipient of financial assistance shall in all other respects be bound by the terms of this Section and shall be required to post a bond in an amount sufficient to ensure compliance with the provisions of this Section and any regulations promulgated hereunder; if a violation is not promptly remedied, the City may make or direct payments to be made directly to affected employees, out of the proceeds of such bond, as may be necessary to remedy the violation.
      (d)   This subsection applies to financial assistance awarded or renewed after the effective date of this subsection.
   (13)   Sale of Property. 70
      (a)   Every contract or agreement entered into by the City for the sale of City property or by a City-related agency for the sale of property transferred to it by the City, which property: contains, or will contain, a building or complex of buildings of at least 50,000 square feet of at least one of the following types: commercial office, hospital, university, stadium, convention center, airport or port; or contains or will contain a residential building or complex of buildings of at least fifty (50) dwelling units, whether owned or rented by the occupants thereof; or is sold to a an authority operating a special services district or a NIDMA operating a business improvement district, shall contain a provision that all building service employees employed at the property shall be paid at least the applicable prevailing wages for ten (10) years from the date of the sale or issuance of a certificate of approval, whichever is later; that the purchaser shall require all property managers, contractors, lessees and tenants to, and shall itself, comply with and be bound by all provisions of this Section, as if such work were City-work and purchaser were a contractor; and that the purchaser will comply with the requirements of subsection 13(c). 70.1
      (b)   The City or City-related agency shall require the purchaser to post a bond in an amount sufficient to ensure compliance with the provisions of this Section and any regulations promulgated hereunder; if a violation is not promptly remedied, the City may make or direct that payments be made directly to affected employees, out of the proceeds of such bond, as may be necessary to remedy the violation.
      (c)   Every contract or agreement entered into by a purchaser, within the ten (10) year period set forth in subsection 13(a), for the sale of property subject to this subsection shall contain a provision that all building service employees employed at the property shall be paid at least the applicable prevailing wages during the ten (10) year period; that the transferee shall require all property managers, contractors, lessees and tenants to, and shall itself, comply with and be bound by all provisions of this Section, as if such work were City-work and transferee were a contractor. The purchaser shall require the transferee to post the bond required under subsection 13(b) as a condition of the transfer; a failure to do so will result in forfeiture of the purchaser's bond, the proceeds of which may be used to make payments directly to affected employees in the event of a violation of this subsection.
      (d)   This subsection applies to contracts of sale entered into after the effective date of this subsection.
§ 17-108.  "Wrap-up" Insurance Programs for Public Works Projects. 71
   (1)   The following definitions shall apply for purposes of this Section 17-108 only:
      (a)   "Public Works Project." Any construction project procured by the City; any construction project for which the City finances 50% or more of the total project costs, as by payments obligated under a lease or service agreement or otherwise; or any construction project for which City Council approval is required for any portion of the financing.
      (b)   "Wrap-up Insurance Program." A program under which the owner of a Public Works Project provides necessary insurance coverage for those contractors and subcontractors whose payroll (or other risk exposure basis) on the project is deemed sufficient to warrant participation in the program.
      (c)   "Hard Construction Costs." Materials, supplies and equipment which will become an integral part of a construction project, plus related labor costs.
      (d)   "Covered Public Works Project." A Public Works Project any aspect of which (including financing) requires City Council approval pursuant to a provision of the Philadelphia Home Rule Charter or other applicable law.
   (2)   For any Covered Public Works Project procured by the City with Hard Construction Costs in excess of $75 million, the City, through the Risk Management Division, shall create and manage a Wrap-up Insurance Program.
   (3)   For any Covered Public Works Project not procured by the City with Hard Construction Costs in excess of $75 million, the City, as a condition of financing its portion of project costs, or as a condition of any necessary City Council approval of financing, shall by contract require the owner of the Covered Public Works Project to create and manage a Wrap-up Insurance Program in form approved by the Risk Management Division.
   (4)   Waiver. If the Risk Management Division or the owner of a Covered Public Works Project believes that a Wrap-up Insurance Program is not appropriate for any particular Covered Public Works Project, it may request the Council to grant a waiver from the requirements of this Section for that particular Covered Public Works Project. Council may grant such waivers by ordinance.
   (5)   The City, through the Risk Management Division, may also choose to create and manage Wrap-up Insurance Programs for a City procured Public Works Project with Hard Construction Costs not in excess of $75 million, or for combinations of City procured Public Works Projects with combined Hard Construction Costs in excess of $75 million, or for a City procured Public Works Project with Hard Construction Costs in excess of $75 million that is not a Covered Public Works Project.
§ 17-109.  Local Bidding Preferences. 72
   (1)   Legislative findings.
      (a)   Local businesses that seek to enter into contracts with the City labor under a competitive disadvantage with businesses from other areas because of the higher administrative costs of doing business in the City (e.g., higher taxes, higher rents, higher wages and benefits for labor, higher insurance rates, etc.).
      (b)   The public interest would be served by encouraging businesses to locate and remain in Philadelphia through the provision of a preference to local businesses in the award of City contracts.
      (c)   The bid preference will serve the public interest because the growth and development of local businesses will have a significant positive impact on the economic health of the City by, among other things, the creation of local jobs and increased tax revenue.
      (d)   The bid preference will serve the goal of rewarding those businesses which contribute the most to the local economy.
      (e)   The bid preference, in affording local businesses a competitive advantage when bidding on City contracts, does not exclude any potential contractor.
   (2)   Definitions. For purposes of this Section, the following definitions apply:
      (a)   "Business Entity" shall mean any individual, domestic corporation, foreign corporation, association, syndicate, joint stock company, partnership, joint venture, or unincorporated association, including any parent company, subsidiary, exclusive distributor or company affiliated therewith, engaged in a business or commercial enterprise.
      (b)   "Commissioner" shall mean the Procurement Commissioner, and "Department" shall mean the Procurement Department.
      (c)   "Local Business Entity" shall mean any Business Entity certified pursuant to subsection (3).
   (3)   Certification.
      (a)   A Business Entity that seeks to be certified as a Local Business Entity shall make application to the Commissioner on a form provided by the Department. Such application shall not be considered by the Commissioner unless the Business Entity files with the Commissioner:
         (i)   A written certificate that the Business Entity is not delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or that the Business Entity has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement; and
         (ii)   A written waiver of the provisions of Section 19-506(2) to expressly authorize the Revenue Department to share with the Department all information in its possession concerning the Business Entity, including any information that would otherwise be confidential.
      (b)   The Commissioner shall certify a Business Entity as a Local Business Entity if the Commissioner determines:
         (i)   That the Business Entity, during the preceding 12 months, has filed a business income and receipts tax return with the City establishing that the contractor conducted business within the City within the calendar year preceding the filing of the return. 73
         (ii)   That during the preceding eighteen (18) months the Business Entity:
            (A)   Has continuously maintained a valid commercial activity license and all other licenses and permits necessary to conduct business with the City; 74
            (B)   Has continuously occupied, staffed and conducted business in an office within the City; and 74.1
               (.1)   The Business Entity's principal place of business is located in the City; or
               (.2)   The Business Entity continuously during the preceding eighteen (18) months satisfies at least two of the three following requirements:
                  (.i)   More than sixty percent of the Business Entity's full-time employees are reported as Philadelphia Residents on the City of Philadelphia Annual Reconciliation of Employer Wage Tax;
                  (.ii)   More than half of the Business Entity's full-time employees work in the City at least sixty percent (60%) of the time; or
                  (.iii)   More than three quarters of the Business Entity's gross receipts are reported on the Entity's business and income receipts tax return as Philadelphia receipts.
      (c)   If a Business Entity's principal place of business is not located in the City, then the Commissioner, prior to certifying the Business Entity as a Local Business Entity, shall:
         (i)   Require the Business Entity to provide employment and other data necessary to establish that the Business Entity has met the requirements for certification; and
         (ii)   In the absence of documentation demonstrating the existence of an office within the City of Philadelphia, conduct a site inspection of the Business Entity's offices within the City.
   (4)   Term of Certification. A certification by the Commissioner pursuant to subsection (3) shall be valid for a term of three years, or for such other period as the Commissioner shall prescribe by regulation. To maintain its certification during the three-year term, the Local Business Entity must:
      (a)   Provide to the Commissioner, every year by the anniversary of the certification, an updated certificate in the form required by subsection (3)(a)(i) and a sworn affidavit affirming that the Local Business Entity continues to comply with subsection 3(b); and
      (b)   Promptly notify the Commissioner if there is a material change to the ownership or control of the Local Business Entity, or if there is a change in address or phone number, or if there is any other change in the operations of the Local Business Entity that would cause the Local Business Entity no longer to comply with the provisions of subsection 3(b).
   (5)   Award of City Contracts.
      (a)   On any contract for which the City secures competitive bids pursuant to Section 8-200(1) of the Home Rule Charter, the Commissioner shall award a bid preference as set forth in subsection (d) to any Local Business Entity that submits with its bid: 75
         (.1)   A current certification from the Commissioner as a Local Business Entity;
         (.2)   The Local Business Entity's most recent annual affidavit under subsection 4(a);
         (.3)   A certification by the Local Business Entity that, throughout the entirety of the contract:
            (A)   The Local Business Entity or a subcontractor will perform the majority of any work on the subject contract within the geographic limits of the City;
            (B)   The Local Business Entity or a subcontractor will maintain within the City a majority of the inventory or equipment that will be used on the contract; and
            (C)   The Local Business Entity will satisfy subsection 3(a), subsection 3(b), and at least one of the requirements identified in subsection (3)(c).
         (.4)   If the Local Business Entity relies upon a subcontractor to meet the requirements in subparagraph (a)(.3)(A) or (a)(.3)(B) of this subsection:
            (A)   a current certification from the Commissioner that the subcontractor itself is a Local Business Entity; and
            (B)   the subcontractor's most recent annual affidavit provided to the Commissioner pursuant to subsection 4(a).
      (b)   In determining the lowest responsible bidder on any such contract, the Commissioner shall subtract the amount set forth in subsection (d) from the bid of any Local Business Entity awarded such a preference, or shall implement the bid preference otherwise pursuant to regulations promulgated by the Commissioner. 76
      (c)   The terms of the certification required under subparagraph (a)(.3) of this subsection shall be deemed to be incorporated into any contract for which a bid preference is awarded. If the Commissioner determines that a Business Entity fails to comply with these terms at any time during the term of the contract, that Business Entity shall be deemed to be in breach of such contract, shall be required to pay liquidated damages of ten percent of the bid, and may be debarred by the Commissioner for up to three years. If the Commissioner determines to issue a debarment order, the Commissioner shall give the Business Entity written notice thereof and an opportunity to present evidence at a hearing in opposition to the intended debarment. After any such hearing, the Commissioner or such hearing panel as he or she may designate shall issue a written determination stating the grounds for its decision.
      (d)   The amount of the bid preference shall be as follows: 77
         (.1)   For contracts certified by the Director of Finance or his designee as funded in whole in part with moneys received pursuant to the American Recovery and Reinvestment Act, Pub. L. 111-5 (Feb. 17, 2009): ten percent (10%);
         (.2)   For all bids of One Million Dollars ($1,000,000.00) or less: ten percent (10%);
         (.3)   For all other contracts: five percent (5%).
   (6)   Waiver. The Commissioner may determine not to award a bid preference if the Commissioner certifies that such a preference would result in the loss of federal, state or similar funds or grants. The Commissioner shall transmit a copy of any such determination to the Mayor, the President of City Council, and the Chief Clerk of City Council no later than one (1) week following the contract award.
   (7)   Regulations. The Procurement Department shall promulgate such regulations as it may deem necessary to aid in the administration and enforcement of the provisions of this Section, and shall submit any such regulations to the Mayor, the President of City Council, and the Chief Clerk of City Council when it submits the regulations to the Department of Records under Section 8-407(a) of the Home Rule Charter.
   (8)   Inspections. The Commissioner shall have the authority to inspect and monitor all premises, business practices, and operations of any Local Business Entity as may be necessary or appropriate to ensure compliance with this Section.
   (9)   Annual Report. Not later than February 1 of each year, the Commissioner shall issue a report in writing to the Mayor, the President of City Council, and the Chief Clerk of City Council identifying, with respect to the time period between January 1 and December 31 of the preceding year:
      (a)   the types of contracts in which a bid preference was awarded;
      (b)   the number of each type; and
      (c)   the name of all Local Business Entities in breach of contract pursuant to subsection 5(c).
   (10)   Ineligibility. 77.1
      (a)   The Department, through regulations, shall provide for the ineligibility of a contractor for a local business preference for up to three years upon a finding of any intentional misstatements or noncompliance with any certification relating to LBE status.
§ 17-110.  Alcohol Advertisements. 78
   (1)   Legislative Findings. The Council finds that:
      (a)   A September 10, 2003 report entitled, Underage Drinking: A Collective Responsibility, released by the National Academy of Sciences stated that more youth drink alcohol than smoke tobacco or use other illegal drugs;
      (b)   In the most recent national survey on drug use, the 2002 Monitoring the Future report, almost half or 48.6% of twelfth graders reported recent alcohol use;
      (c)   Underage drinking plays a substantial role in the three leading causes of death among youth-motor vehicle fatalities, suicide and homicide;
      (d)   According to the American Medical Association, underage drinking is a factor in nearly one-half of all teen automobile crashes, the leading cause of death among teenagers;
      (e)   Alcohol abuse among young people is also linked to two-thirds of all sexual assaults and date rape, and is a major factor in unprotected sex among youth, thereby increasing their risk of sexually transmitted diseases;
      (f)   The National Academy of Sciences estimates that the social cost of underage drinking is $53 billion;
      (g)   In the Philadelphia Safe and Sound Report Card 2003, substance abuse among high school youth was rated "challenging, with major obstacles";
      (h)   The most recent Youth Risk Behavior Survey compiled in 2001, which is based on self-reports by Philadelphia public high school students, found that 31.6% of high school youth report having had one drink in the most recent 30-day period;
      (i)   Research by the National Institute on Alcohol Abuse and Alcoholism, entitled Effects of the Mass Media on the Use and Abuse of Alcohol, has found that exposure to alcohol advertisements affects young people's beliefs about drinking, intentions to drink, and actual drinking behavior;
      (j)   A substantial proportion of alcohol advertising reaches an underage audience and is presented in a style that is attractive to youth;
      (k)   A 1996 study of children ages nine to eleven found that children were more familiar with Budweiser's television frogs than with Kellogg's Tony the Tiger or Smokey the Bear;
      (l)   In a survey conducted for the Center on Alcohol Marketing and Youth in June of 2003, two-thirds of parents say that seeing and hearing alcohol advertisements makes teens more likely to drink alcohol and 82% of the parents surveyed said that the risky behavior teens engage in while under the influence of alcohol is a problem in society today;
      (m)   Children and youth utilize city owned and controlled property on a daily basis, such as school buildings, recreation centers, libraries and bus shelters;
      (n)   To the extent that commercial advertising is allowed in these public facilities, the City of Philadelphia can play a positive role in reducing exposure of youth to alcohol advertisements by prohibiting the placement of such advertisements on publicly owned or controlled property.
   (2)   Every contract which permits any person to place advertising on City owned or controlled property shall include a provision prohibiting the placement on such property of advertisements for alcohol. For purposes of this Section, City owned or controlled property does not include property used to hold professional sporting events.
§ 17-111.  Energy Efficiency and Environmental Design in Construction of Buildings. 79
   (1)   Purpose. The purpose of this Section is to improve the City's capacity to design, construct and operate City buildings that meet high standards for environmental stewardship and demonstrate City leadership in the area by meeting those standards in connection with large City construction projects. The City is undertaking this initiative to underscore the importance of building high performance green buildings that are responsible and healthy places to live and work and to encourage similar development by private developers within the City.
   (2)   Definitions. The following definitions shall apply to this Section:
      (a)   Expenditure of Primarily City Capital Dollars. A circumstance in which more than 50% of the funding for design and construction of a project is based on authorization set forth in the City's annual capital budget appropriations ordinance for expenditure by any City department.
      (b)   U.S. Green Building Council. The organization that has developed and published the LEED Rating System to measure the energy and environmental performance of a building.
      (c)   Large City Public Works Project. New construction or major renovation of 10,000 or more gross square feet of enclosed and conditioned building space.
      (d)   LEED Rating System for New Construction and Major Renovation. The Leadership in Energy and Environmental Design Rating System developed by the U.S. Green Building Council that establishes performance standards for new construction and major renovation of commercial, institutional and high-rise residential buildings.
      (e)   Major Renovation. Major HVAC renovation, significant building envelope modification and major interior rehabilitation that in total directly affect more than 50% of the gross floor area of an enclosed and conditioned building space.
      (f)   New Construction. Design and construction of a new building or ground-up addition to an existing building.
      (g)   Silver-level LEED Rating. A Silver-level rating based on the LEED Rating System for New Construction and Major Renovation in effect on the date that a City project is registered with the Green Building Certification Institute, with at least 5 points earned in the category of Energy and Atmosphere.
      (h)   Green Building Certification Institute. The organization that administers project certification for commercial and institutional buildings under the LEED Green Building Rating System.
   (3)   Contract Requirements.
      (a)   Every City contract for the design or construction of a large City public works project that, based on the characteristics of the project, is capable of meeting the minimum program requirements for the LEED Rating System for New Construction and Major Renovation, and that involves the expenditure of primarily City capital dollars, shall include requirements intended to ensure that the finished project will achieve a silver-level LEED rating.
   (4)   Regulations. The City Planning Commission, subject to the approval of the Director of Finance, is authorized to promulgate such regulations as are necessary and appropriate for the implementation of this Section, including (i) regulations allowing contract requirements pursuant to Section 3(a) to be based on attainment of alternative standards for integrated design and high performance that are similar to LEED standards; (ii) exceptions where strict compliance with the terms of this Ordinance would prohibit the use of federal or state funding in connection with a particular project; and (iii) exceptions for specific projects where strict conformance with the terms of this Ordinance will conflict with other City priorities, such as historic preservation goals, or where attainment of LEED certification will cause overall life-cycle project costs to exceed by more than 10% the expected life-cycle costs of a similar project for which certification is not sought.
   (5)   The Philadelphia City Planning Commission shall prepare and provide to Council an annual summary of the status of City projects that are subject to the terms of this Ordinance.

 

Notes

1
   Charter refs.: §§ 2-309, 6-103, 6-500(a), 6-500(b)(1), 6-500(c), 8-200, 8-202.
2
   Source: 1940 Ordinances, p. 331.
3
   Source: 1897 Ordinances, p. 38.
4
   Amended, 1959 Ordinances, p. 660.
5
   Amended, 1959 Ordinances, p. 660.
6
   Amended by adding subsection (5), 1992 Ordinances, p. 594.
7
   Source: 1918 Ordinances, p. 183.
8
   Source: 1940 Ordinances, p. 331.
9
   Source: 1931 Ordinances, p. 402.
10
   Source: 1885 Ordinances, p. 331.
11
   Source: 1932 Ordinances, p. 109; see also 53 P.S. §§ 1292-1297 and City Solicitor's Formal Opinion No. 112 (1954).
12
   This Section, with former subsection (1), was originally enacted with the Code in 1956. Former subsection (2) was added in 1989 (1989 Ordinances, p. 1160) and amended in 1991 (1991 Ordinances, p. 988). In 1994 two Ordinances were approved: 1994 Ordinances, p. 904 deleted subsection (2); 1994 Ordinances, p. 914 repealed Section 17-104 altogether. In 1995, Bill No. 890 (approved March 29, 1995), 1995 Ordinances, p. 161, added a new subsection (2), assuming the existence of the Section itself. Bill No. 040133-A (approved March 31, 2005), effective June 29, 2005, renumbered subsection (2) as subsection (1), added a new subsection (2), and renumbered much of former subsection (2) as subsection (3). Caption amended, Bill No. 050615 (approved December 15, 2005); subsections (1)(f) through (1)(m) added by Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
13
   Added, Bill No. 040133-A (approved March 31, 2005). Caption amended, Bill No. 050615 (approved December 15, 2005).
14
   Subsection (2)(f) added, Bill No. 050615 (approved December 15, 2005).
15
   Added, Bill No. 130457 (approved September 6, 2013); amended, Bill No. 180133 (approved June 20, 2018).
16
   Caption for subsection (3) added, and subsection renumbered, Bill No. 040133-A (approved March 31, 2005); renumbered, Bill No. 130457 (approved September 6, 2013). All internal references to Section 17-104(3) renumbered as Section 17-104(4) by the Code editor.
17
   Added, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
18
   Renumbered, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
19
   Added, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
20
   Renumbered and amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
21
   Renumbered, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
22
   Renumbered, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
23
   Amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
24
   Amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
25
   Amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
26
   Amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
27
   Added, Bill No. 960405 (approved February 7, 1997); amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
28
   Renumbered and amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
29
   Renumbered and amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
30
   Renumbered and amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
31
   Amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
32
   Amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
33
   Renumbered and amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
34
   Renumbered and amended, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
35
   Renumbered, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
36
   Amended, 1995 Ordinances, p. 1081.
37
   Renumbered, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
38
   Added, 1995 Ordinances, p. 1081; renumbered, Bill No. 080746 (approved December 16, 2009), effective June 16, 2010.
39
   Source: To implement Charter § 8-101(3).
40
   Amended, 1966 Ordinances, p. 1127; amended 1986 Ordinances, p. 771.
41
   Source: 1932 Ordinances, p. 100.
42
   Added, 1958 Ordinances, p. 172; amended, Bill No. 960823-AAA (approved June 1, 1998); amended, Bill No. 990221-A (approved September 28, 1999); amended, Bill No. 000319 (approved August 11, 2000).
   Section 2 of Bill No. 990221-A, as amended by Bill No. 000319, provides: "This bill shall become effective when the Minority Business Enterprise Council shall have certified to the Mayor and the City Council that each union involved in performing City Work, as defined in Section 17-107(1)(b) of the Philadelphia Code:
   (a)   have recruited to their apprenticeship programs the maximum feasible number of residents of Philadelphia census tracts in which the median income is no greater than 60% (sixty percent) of the median income for the Philadelphia Standard Metropolitan Statistical Area; and
   (b)   have in place a contractually binding program, to continually recruit to their apprenticeship programs, on an annual basis, the maximum feasible number of residents of Philadelphia census tracts in which the median income is no greater than 60% (sixty percent) of the median income for the Philadelphia Standard Metropolitan Statistical Area; and
   (c)   have in place a contractually binding program assuring that persons recruited as apprentices pursuant to paragraphs 2(a) and (b) above will be assigned, in reasonable proportion to their overall numbers, to the full range of jobs available to such unions on a continuing and long-term basis."
   Section 3 of Bill No. 990221-A provides: "Programs adopted pursuant to Sections 2(b) and 2(c) above may include programs like Philadelphia Housing Authority's Working Together for Jobs Agreement, the TOP/WIN program, or the Congreso de Latinos Unidos Apprenticeship Prep for Trades APTitude Program, or other similar programs."
   As of January 18, 2019, the certification referred to in this note has not been made. Accordingly, amendments in Bill No. 990221-A have not become effective as of January 18, 2019.
43
   Amended and subsections renumbered, Bill No. 070259-A (approved May 23, 2007).
44
   Amended, Bill No. 070259-A (approved May 23, 2007); amended, Bill No. 090292 (became law September 17, 2009).
45
   Added, Bill No. 070259-A (approved May 23, 2007); amended, Bill No. 160713 (approved October 19, 2016).
46
   Added, Bill No. 070259-A (approved May 23, 2007).
47
   Amended, Bill No. 070259-A (approved May 23, 2007); amended, Bill No. 090292 (became law September 17, 2009).
48
   Amended, Bill No. 070259-A (approved May 23, 2007).
49
   Added, Bill No. 070259-A (approved May 23, 2007); amended, Bill No. 080148 (approved June 18, 2008); amended, Bill No. 160713 (approved October 19, 2016).
50
   Amended, Bill No. 070259-A (approved May 23, 2007).
51
   Amended, Bill No. 080148 (approved June 18, 2008).
52
   Added, Bill No. 080148 (approved June 18, 2008).
53
   Added, Bill No. 990221-A (approved September 28, 1999). See note 42 for effective date information.
54
   Added, Bill No. 990221-A (approved September 28, 1999). See note 42 for effective date information.
55
   Added, Bill No. 990221-A (approved September 28, 1999). See note 42 for effective date information.
56
   Added, Bill No. 080148 (approved June 18, 2008); amended, Bill No. 160713 (approved October 19, 2016).
57
   Amended, Bill No. 080148 (approved June 18, 2008).
58
   Amended, Bill No. 990221-A (approved September 28, 1999). See note 42 for effective date information. Amended, Bill No. 070259-A (approved May 23, 2007).
59
   Enrolled bill erroneously cited subsection 17-107(1)(j)(.1)(b). Bill No. 960823-AAA (approved June 1, 1998).
60
   Added, Bill No. 990221-A (approved September 28, 1999). See note 42 for effective date information.
61
   Added, Bill No. 070259-A (approved May 23, 2007). Enrolled bill numbered this as subsection (.6); renumbered by Code editor.
62
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
63
   Enrolled bill read "orginal". Bill No. 960823-AAA (approved June 1, 1998).
64
   Amended, Bill No. 000349 (Approved May 29, 2002).
65
   Amended, Bill No. 000349 (Approved May 29, 2002).
66
   Added, Bill No. 000349 (Approved May 29, 2002).
67
   Added, Bill No. 990221-A (approved September 28, 1999). See note 42 for effective date information. Amended, Bill No. 070259-A (approved May 23, 2007).
68
   Added, Bill No. 070259-A (approved May 23, 2007).
68.1
   Amended, Bill No. 160713 (approved October 19, 2016).
69
   Added, Bill No. 070259-A (approved May 23, 2007).
69.1
   Amended, Bill No. 160713 (approved October 19, 2016).
70
   Added, Bill No. 070259-A (approved May 23, 2007).
70.1
   Amended, Bill No. 160713 (approved October 19, 2016).
71
   Added, Bill. No. 990566 (approved December 31, 1999).
72
   Added, Bill No. 030097 (approved May 15, 2003). Section 2 of Bill No. 030097 provides: "This Ordinance shall become effective ninety (90) days after adoption of an amendment to the Philadelphia Home Rule Charter permitting local bidding preferences." Editor's note: The Charter was so amended, effective December 1, 2003. Amended, Bill No. 050202-A (approved January 24, 2006). Section 2 of Bill No. 050202-A provides: "Transition provisions. A Local Business Entity certified as such on the date this Ordinance takes effect must reapply for certification under the provisions of Section 17-109 of The Philadelphia Code as amended by this Ordinance. Any Local Business Entity certifications in effect on the date this Ordinance becomes law shall expire three months after such date."
73
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
74
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
74.1
   Amended, Bill No. 160709-A (approved November 30, 2016), effective January 1, 2017.
75
   Amended, Bill No. 090671 (approved December 23, 2009).
76
   Amended, Bill No. 090671 (approved December 23, 2009).
77
   Added, Bill No. 090671 (approved December 23, 2009); amended, Bill No. 120387 (approved March 4, 2014).
77.1
   Added, Bill No. 160709-A (approved November 30, 2016), effective January 1, 2017.
78
   Added, Bill No. 030713 (approved December 18, 2003).
79
   Added, Bill No. 080025 (approved December 16, 2009). Section 2 of Bill No. 080025 provides: "This Ordinance shall become effective for bids advertised on or after January 1, 2010."