§ 17-104.1. Contractor Obligation to Disclose Workforce Composition and City Contracting History. 39
(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, salary range, 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) Report Date means June 30th immediately preceding the date the bid is filed.
(d) 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 above the formal bidding threshold shall be entered with a contractor who does not agree to disclose the following and such other related disclosures as may be required by the Procurement Department by regulation:
(a) The contractor'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 as of the Report Date; and
(c) Demographic Data on all individuals serving as board members of the contractor 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 above the formal bidding threshold shall be entered with a contractor who does not agree to disclose the following and such other related disclosures as may be required by the Procurement Department by regulation:
(a) The contractor'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 as of the Report Date;
(c) Demographic Data on all individuals serving as board members of the contractor as of the Report Date.
(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 October 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 fiscal 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
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