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File #: 040441    Version: 0 Name:
Type: Resolution Status: ADOPTED
File created: 4/29/2004 In control: Committee of the Whole
On agenda: Final action: 4/29/2004
Title: Authorizing Council's Committee of the Whole ("Committee") to hold public hearings to investigate the findings and recommendations of the study performed by D. J. Miller and Associates concerning the City's utilization of Minority, Female and Disadvantaged Businesses in the procurement of goods and services (the "Disparity Study"); further authorizing the Committee to hold public hearings to examine the management and operations of the Procurement Department and the Minority Business Enterprise Council ("MBEC"), the powers and duties of each entity as set forth in the Philadelphia Home Rule Charter, The Philadelphia Code, or other applicable law, and the policies, practices and procedures of each entity in the fulfillment of its respective responsibilities and mission; providing further that the Committee shall request that any appropriate Public Officer or Official, Commissioner, Director or head of any City office, department, board, commission or other agency who has decision making...
Sponsors: Councilmember Nutter, Councilmember Goode, Councilmember Reynolds Brown, Councilmember Tasco, Councilmember Ramos, Councilmember Rizzo, Councilmember DiCicco, Councilmember Kenney, Councilmember Cohen, Councilmember Mariano, Councilmember Miller, Councilmember Kelly, Councilmember Blackwell, Councilmember Krajewski
Indexes: MINORITY PARTICIPATION

Title

Authorizing Council’s Committee of the Whole (“Committee”) to hold public hearings to investigate the findings and recommendations of the study performed by D. J. Miller and Associates concerning the City’s utilization of Minority, Female and Disadvantaged Businesses in the procurement of goods and services (the “Disparity Study”); further authorizing the Committee to hold public hearings to examine the management and operations of the Procurement Department and the Minority Business Enterprise Council (“MBEC”), the powers and duties of each entity as set forth in the Philadelphia Home Rule Charter, The Philadelphia Code, or other applicable law, and the policies, practices and procedures of each entity in the fulfillment of its respective responsibilities and mission; providing further that the Committee shall request that any appropriate Public Officer or Official, Commissioner, Director or head of any City office, department, board, commission or other agency who has decision making authority with respect to the procurement of goods, services, equipment, construction contracts, concession contracts, professional services contracts or any other type of contract appear at the public hearing of the Committee with information, data or documents on financial, operational or policy matters that in this case involve the expenditure of millions of City tax dollars for such procurements; directing the Committee, following such hearings, to issue a report making findings as to the City’s present policies, practices and procedures relating to the City’s utilization of Minority, Female and Disadvantaged Businesses and making recommendations, including, but not limited to, legislative remedies, to improve the City’s utilization of Minority, Female and Disadvantaged Businesses; further authorizing the President of the Council to appoint a City Council Task Force on Business Opportunity and Procurement made up of thirteen members who will advise the Committee on public and private sector best practices relating to contracting, procurement policies and business opportunities for Minority, Female and Disadvantaged Businesses to assist the Committee in making its recommendations to the Council; and further authorizing the Committee, through its Chair, to issue subpoenas necessary or appropriate to compel the attendance of witnesses and the production of documents to the full extent authorized under Section 2-401 of the Home Rule Charter.

Body

                     WHEREAS, A study performed by D. J. Miller and Associates concerning the City’s utilization of Minority, Female and Disadvantaged Businesses in the procurement of goods and services (the “Disparity Study”) indicates that businesses in the Greater Philadelphia area that were owned by white males received nearly 96% of the $2.78 billion in contracts the city awarded from 1998 through 2003 for construction, goods and services, compared with 2.3% that went to minority-owned businesses and 1.8% that went to firms owned by women; and

 

                     WHEREAS, The City of Philadelphia spent $1.1 million dollars for one study released last year and $300,000 for a second study completed this year on the same issue; and

 

                     WHEREAS, The first study found the City’s procurement system to be a “labyrinth based on discrimination, ethnic favoritism and governmental inefficiencies” that could “well require minority and women owned business enterprises to participate in a corrupted process in order to gain any access at all to local government”; and

 

                     WHEREAS, The same report also said that the procurement system “easily facilitates the system of patronage and corruption that has been so extensively documented in Philadelphia”; and

 

                     WHEREAS, The new report clearly indicates that the existing minority and women-owned businesses in Philadelphia are being underutilized; and

 

                     WHEREAS,  The responsibilities and mission of the Procurement Department and the Minority Business Enterprise Council need to be examined and recommendations for improvement need to be developed; and

 

                     WHEREAS, The Council President should appoint a Task Force of experienced government and private sector individuals to advise the Council on best practices in the public and private sectors to improve the performance of the government in the utilization of Minority, Female and Disadvantaged Businesses in contracting and procurement opportunities; and

 

                     WHEREAS, A clear and detailed explanation of performance standards, goals, operational guidelines and enforcement mechanisms needs to be made by the leaders of this city to the public, the business community and all government officials and employees regarding the City’s commitment to improve the system for Minority, Female and Disadvantaged Businesses to engage in business opportunities with the City of Philadelphia; now therefore

 

RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA,

 

THAT The Committee of the Whole (“Committee”) is hereby authorized to hold public hearings to investigate the findings and recommendations of the D. J. Miller and Associates’ study of the utilization of Minority, Female and Disadvantaged Businesses in the City’s procurement of goods and services (the “Disparity Study”);

 

FURTHER RESOLVED, THAT The Committee is further authorized to hold public hearings to examine the management and operations of the Procurement Department and the Minority Business Enterprise Council (“MBEC”), the powers and duties of each entity as set forth in the Philadelphia Home Rule Charter, the Philadelphia Code, or other applicable law, and the policies, practices and procedures of each entity in the fulfillment of its respective responsibilities and mission;

 

FURTHER RESOLVED, THAT The Committee, in conducting the public hearings authorized by this Resolution, shall request that any Public Officer or Official,  Commissioner, Director or head of any City office, department, board, commission or other agency who has decision making authority with respect to the procurement of goods, services, equipment, construction contracts, concession contracts, professional services contracts or any other type of contract  appear at such hearings of the Committee;

 

FURTHER RESOLVED, THAT Following such hearings, the Committee shall issue a report making findings as to the City’s present policies, practices and procedures relating to the City’s utilization of Minority, Female and Disadvantaged Businesses in the procurement of goods and services, and making recommendations, including, but not limited to, legislative remedies to improve the City’s utilization of Minority, Female and Disadvantaged Businesses;

 

FURTHER RESOLVED, THAT The President of the Council is hereby authorized to appoint a City Council Task Force on Business Opportunity and Procurement to be made up of thirteen members.  The Task Force shall advise the Committee on best practices in the public and private sectors relating to contracting, procurement policies and business opportunities for Minority, Female and Disadvantaged Businesses to assist the Committee in issuing its report to the Council;

 

FUTHER RESOLVED, THAT In furtherance of the inquiry and investigation authorized by this Resolution, the Chair of Council’s Committee of the Whole is hereby authorized to issue subpoenas necessary or appropriate to compel the attendance of witnesses and the production of documents to the full extent authorized under Section 2-401 of the Home Rule Charter.

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