(1) The MBEC, or any subsequent successor shall:
(a) Devise a certification procedure to assure that businesses taking advantage of this Chapter are legitimate DBEs.
(b) Ascertain, within ninety (90) days of the enactment of this Chapter the total number of DBEs in the Philadelphia Standard Metropolitan Statistical Area. The MBEC shall maintain a listing of all such businesses and make it available to all agencies.
(c) Survey such businesses ascertained in (b) to establish past and current participation levels.
(d) Establish annual reporting requirements for all agencies to document the percentage of contracts which have been let to DBEs by the reporting agency.
(e) Devise such regulations as may be necessary and appropriate for the implementation of the powers and performance of the duties created by this Chapter.
(f) Devise regulations and procedures for including the participation of DBEs in prime contracts with the City. The affirmative programs to be reviewed by the MBEC in this regard shall include, but shall not be limited to the following:
(.1) including qualified DBEs on solicitation lists;
(.2) assuring that DBEs are solicited whenever they are potential sources;
(.3) structuring contract requirements, when economically feasible, to permit maximum participation of DBEs;
(.4) implementing a bonding program for participants under this Chapter for construction jobs;
(.5) implementing the use of other legally permissible means of fostering the award of prime contracts to DBEs, such as joint ventures;
(g) Recommend contractual language which provides that compliance with DBE participation requirements is material to the City contract and further provides for remedies, including but not limited to, termination of the contract in the event of noncompliance, and further provides that prime contractors will agree to the assignment of the proceeds of their subcontracts with disadvantaged business enterprises, by the disadvantaged business enterprises, to financial institutions providing working capital financing for the subproject, when requested by such DBEs and financial institutions, and pursuant to equitable regulations developed by the MBEC;
(h) Devise appropriate procedures for monitoring and enforcing compliance with this Chapter;
(i) Devise procedures for the waiver of these participation goals in appropriate circumstances;
(j) Devise and operate a grievance procedure for the processing of complaints by any person aggrieved by any finding, recommendation, proposal or other action implemented pursuant to this Chapter;
(k) Issue a written annual report indicating the progress made toward achieving the goals set out above. Said report shall include, but not be limited to, a summary of City contracts let during the relevant periods, the extent and percentage of DBE participation, and recommendations as to the appropriate future goals. The annual report shall be available for public review;
(l) Propose its own operating procedures, staffing needs, physical facilities requirements and operating budget;
(m) Issue a report to City Council every six months that outlines the participation of DBEs in contracts of the City and its agencies.
(.1) In each such report, MBEC shall certify whether or not each covered Agency or Quasi-Public Agency has provided to MBEC within the preceding six months the necessary information for MBEC to prepare such report. 119
(.2) Council shall not approve any City participation in or contribution to any development or other project in which a Quasi-Public Agency participates or provides contributions unless MBEC shall have certified, in its most recent semi-annual report, that the Quasi-Public Agency has provided to MBEC the necessary information for MBEC to prepare such report. 120
(2) The Director of Finance shall, upon the request of the MBEC, assemble and furnish to the MBEC such procurement records and documents of the various agencies as are necessary for the monitoring and compliance investigation by the MBEC. MBEC shall also be empowered to recommend new procurement record keeping procedures for all agencies to facilitate compliance with this Chapter. Nothing in this Chapter shall obligate the disclosure by City officers or employees of information or documents which may be regarded as confidential or privileged under federal, state, or local law.
Notes
| 119 | Subsection added, Bill No. 020827 (approved April 24, 2003). Bill No. 020827 was approved the same day as Bill No. 030125, which repealed and replaced the prior Chapter 17-500. |
| 120 | Subsection added, Bill No. 020827 (approved April 24, 2003). Bill No. 020827 was approved the same day as Bill No. 030125, which repealed and replaced the prior Chapter 17-500. |