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(1) No Covered Project or Contract, shall be approved by City Council unless the Covered Project or Contract contains (a) an Economic Opportunity Plan that comports with the provisions of this Chapter; and (b) a commitment by the applicable contractor, developer or recipient of City financial assistance to comply with the terms of such Plan.
(1.1) No real estate transaction (other than transactions involving exclusively single family homes or exclusively for the development of single family homes) involving a property or properties that either are valued in excess of one hundred thousand dollars ($100,000); are anticipated, after development, to be valued in excess of one hundred thousand dollars ($100,000); or are anticipated to be included as part of a multi-parcel development to be valued in excess of one hundred thousand dollars ($100,000), to which the Philadelphia Authority for Industrial Development ("PAID") is a party shall be authorized or approved by City Council unless the ordinance: 176
(a) Contains a map setting forth the location of the subject property.
(b) Is subject to a commitment by PAID that it will not transfer the property to any third party unless that third party commits (i) to an Economic Opportunity Plan substantially in the form set forth in Section 17-1603; and (ii) to require any subsequent developer of the property to make comparable commitments for a period not to expire prior to five (5) years after the transfer by PAID.
(2) No bidder on a contract that meets the following requirements shall be considered responsible, or eligible for such contract, unless such bidder agrees to abide by the terms of an Economic Opportunity Plan: 177
(a) Any contract for the purchase of services, including any public works contract, for which the Procurement Department solicits sealed bids under subsection 8-200(2) of the Home Rule Charter and which is reasonably anticipated to cost the City more than one hundred thousand dollars ($100,000).
(b) Any City concession contract for which the Procurement Department solicits sealed bids under Section 8-201 of the Home Rule Charter and which is reasonably anticipated to produce revenue to the City of more than one hundred thousand dollars ($100,000).
(c) A development project or contract bid pursuant to funds allocated to the City pursuant to the American Recovery and Reinvestment Act and which is reasonably anticipated to cost the City more than one hundred thousand dollars ($100,000). 178
(3) Exemptions, Special Conditions.
(a) No contractor, project developer or participant shall be exempt from responding to EOP submission requirements pursuant to the provisions of this Chapter for covered contracts, development projects and consideration for financial assistance, unless indicated by the special conditions below.
(b) Under certain limited special conditions, partial or full exemption from EOP compliance provisions shall be granted where and when:
(.1) The Procurement Commissioner certifies that applying the EOP compliance provisions of this Chapter would result in the loss of federal, state or similar funds or grants.
(.2) The City Solicitor certifies that applying EOP compliance provisions is prohibited by applicable law or that exemption from these provisions would be necessary to avoid material damages to the legal interests of the City.
(.3) The Managing Director, a Department Commissioner or other agency official certifies that applying EOP compliance provisions would delay or otherwise inhibit immediate or appropriate response to a public health, safety, or security emergency or crisis.
(c) Certification, in writing, of any such special condition exemption shall accompany any ordinance, contract, project plan or bid subject to this Chapter.
Added, Bill No. 090672-A (approved January 13, 2010).