§ 17-104.1. Contractor Obligation to Disclose Workforce Composition and City Contracting History.  38.1
   (1)   Definitions. For the purpose of this subsection, the following definitions shall apply:
      (a)   Demographic Data means statistical information on a group of individuals, aggregated by specific characteristics, including but not limited to race, ethnicity, gender identity, job title, salary range, length of employment, Philadelphia residence, and such other categories as may be established by regulation.
      (b)   Gender Identity means an individual's gender as reported to the employer.
      (c)   Labor Source means a defined pool of trained and qualified individuals from which workers can be secured by agreement or through other means from an entity other than the contractor itself, including but not limited to a business, union hiring hall, job training organization, or registered apprenticeship program.
      (d)   Report Date means December 31st of the calendar year immediately preceding the date the bid is filed.
      (e)   Subcontractor means any person or entity the bidder engages, or intends to engage, for the specific purpose of performing a portion of the City contract subject to bid.
      (f)   Workforce means all individuals performing work for compensation on a regular basis.
   (2)   No contract for goods that is subject to the competitive bidding requirements of subsection 8-200(2) of the Home Rule Charter and valued at one hundred thousand dollars ($100,000) or more shall be entered with a contractor who does not agree to disclose, and agree to require all Subcontractors on the contract to disclose, the following and such other related disclosures as may be required by the Procurement Department by regulation:
      (a)   The contractor's and each Subcontractor's prior years of experience performing on City contracts in any capacity during the five calendar years prior to the date of the opening of bids for such contract;
      (b)   Demographic Data on the Workforce of the contractor and each Subcontractor, as of the Report Date; and
      (c)   Demographic Data on all individuals serving as board members of the contractor and each Subcontractor, as of the Report Date.
   (3)   No services contract that is subject to the competitive bidding requirements of subsection 8-200(2) of the Home Rule Charter and valued at one hundred thousand dollars ($100,000) or more shall be entered with a contractor who does not agree to disclose, and agree to require all Subcontractors on the contract to disclose, the following and such other related disclosures as may be required by the Procurement Department by regulation:
      (a)   The contractor's and each Subcontractor's prior years of experience performing on City contracts in any capacity during the five calendar years prior to the date of the opening of bids for such contract;
      (b)   Demographic Data on the Workforce of the contractor and each Subcontractor, as of the Report Date;
      (c)   Demographic Data on all individuals serving as board members of the contractor and each Subcontractor, as of the Report Date;
      (d)   Demographic Data on the Workforce of each Labor Source from which workers are likely to be drawn in performance of a contract for any City contract.
         (.1)   Submission to the Department of Labor of Demographic Data on a Labor Source by any contractor during the previous 6 months shall satisfy the disclosure requirements under subsection 17-104.1(3)(d) with respect to such Labor Source for all contractors. The Department of Labor shall provide notice no later than one week prior to the time of the opening of bids for each contract of all Labor Sources for which Demographic data has been provided during the previous 6 months.
   (4)   The disclosures required by this subsection shall be provided at such times as determined by regulation.
   (5)   Violation of any requirement of this section or of the provisions of a City contract required thereby shall be considered a substantial breach of the contractor's obligation under the contract.
   (6)   No later than April 1st of each year, the Director of Procurement, Director of Labor, or such other officer as designated by the Mayor shall provide an annual report to the Mayor and the Clerk of Council summarizing the disclosures received pursuant to this section during the previous calendar year. A copy of the report shall be posted on the City's official website. Further, for purposes of improving the City's capacity in terms of businesses and workforce diversity, the Director of Labor shall also provide copies of the report to area organizations that specialize in business growth and workforce development, including but not limited to:
      (a)   Philadelphia Industrial Development Corporation;
      (b)   The Enterprise Center;
      (c)   Urban Affairs Coalition;
      (d)   The Chamber of Commerce for Greater Philadelphia;
      (e)   African American Chamber of Commerce for PA, NJ and DE;
      (f)   Greater Philadelphia Hispanic Chamber of Commerce;
      (g)   Asian American Chamber of Commerce for Greater Philadelphia;
      (h)   University City District;
      (i)   Delaware Valley Regional Planning Commission; and
      (j)   Urban League of Philadelphia.

 

Notes

38.1
   Added, Bill No. 200588-A (approved January 27, 2021), effective July 1, 2021, and Bill No. 200590-A (approved January 27, 2021), effective July 1, 2021. Both bills enacted similar, but not identical, sections; provisions reconciled by Code editor.