§ 17-904. Contracting Goals.
   (1)   Each project sponsor, developer or builder working on a covered project shall certify and covenant that he or she is in compliance with all applicable requirements of Section 3 of the HUD Act, including but not limited to:
      (a)   Any requirements to provide opportunities for training and employment to low-income residents of the metropolitan area, and to give priority to low-income project area residents, all to the greatest extent feasible; and
      (b)   Any requirements to award contracts to businesses that provide economic opportunities for low- income residents of the metropolitan area, and to give priority to businesses that provide economic opportunities for low-income residents of the project area, all to the greatest extent feasible.
   (2)   Safe harbor goals. 112
      (a)   In the absence of evidence to the contrary, a project sponsor, developer or builder who demonstrates that seventy-five percent (75%) or more of his or her new hires on covered projects are low-income project area residents, and that seventy-five percent (75%) or more of the aggregate dollar value of the contracts awarded on covered projects have been awarded to low-income project area businesses, shall be considered to have complied with the certification and covenants required by subsection (1) above.
      (b)   These goals shall not be construed as requirements, quotas, set-asides or a cap on hiring or contracting with low income individuals and businesses. Project sponsors, developers or builders are not required to set aside or reserve seventy-five percent (75%) of available jobs for low income individuals or businesses.
   (3)   A project sponsor, developer or builder working on a covered project who fails to comply with subsection (1) above, relating to certification and covenants, or fails to comply with such certification or covenant, shall not be considered "responsible" under subsection 8-200(1) of the Philadelphia Home Rule Charter in connection with future OHCD or DOC project bids. 113
   (4)   The failure of a project sponsor, developer or builder working on a covered project to achieve the numerical goals set forth in subsection (2)(a) above, may affect whether project sponsors, developers or builders are considered "responsible" under subsection 8-200(1) of the Philadelphia Home Rule Charter in future OHCD or DOC project bids; provided, however, that failure to meet the numerical goals shall not be grounds for determining a sponsor, developer or builder not responsible where the sponsor, developer or builder is able to demonstrate compliance by other means with the certification and covenant requirements of subsection (1) above. Furthermore, pursuant to Section 3 of the HUD Act, a failure to comply with Section 3 hiring and contracting goals may result in a noncompliance complaint filed against the noncomplying party with the U.S. Department of Housing and Urban Development. 114

 

Notes

112
   Amended, Bill No. 000180 (approved February 8, 2001).
113
   Amended, Bill No. 020827 (approved April 24, 2003).
114
   Added, Bill No. 020827 (approved April 24, 2003).