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Section 1.
POLICY

It is the policy of the Pennsylvania Convention Center Authority ("Authority") to promote the utilization of women and minorities in all phases of the design, development, construction, operation and maintenance of the Pennsylvania Convention Center. In light of this policy, the Authority is adopting this Affirmative Action Plan (the "Plan"). The fundamental requirement of the Plan is that all contractors, vendors, and consultants, who engage in work for the Authority satisfy the Authority that they have made their "best effort" to involve in such work as many women and minorities or firms owned by women and minorities as possible. The burden of proving that a "best effort" has been made will be met if the level of participation in any particular phase of the work is deemed to be "meaningful and substantial" under criteria adopted by the Authority. The "best effort" requirement may also be satisfied if it can be demonstrated that "meaningful and substantial" levels of participation are not possible for a legitimate reason.

"Meaningful and substantial" shall be interpreted by the Authority as meaning a level of participation which reflects the overall relationship of minorities and women to the general population of the Philadelphia Metropolitan Statistical Area. The Authority will consider the availability of bona fide minority and women businesses and potential workers in the various areas of contracting or employment opportunities. Participation shall be measured in terms of the actual dollars received by women and minority businesses (except in the case of a minority/female controlled joint venture), and dollars received and actual hours worked by minority and female workers

Section 2.
PROCEDURES FOR IMPLEMENTATION

A. Statement of Objectives

The objectives set forth in this Affirmative Action Plan shall be articulated to the public in general, and to each contractor, subcontractor, assignee, lessee, agent, vendor, supplier, and professional service doing business with the Authority. The objectives shall be included in all requests for proposals and other private or public solicitations made by the Authority.

B. Bidding Requirements

Prior to the dissemination of any bid, request for proposal, or solicitation (“bid”), the Authority shall determine what level of minority and/or female participation is "meaningful and substantial" in the area to be bid, and may include with the bid this information, along with the names and addresses of bona fide minority and female-owned businesses (MBE/WBE) or sources of potential minority and female employees that are available for contracting or hiring opportunities in the area. All bidders shall be required to submit with their bids a detailed affirmative action plan listing the names, addresses, dollar amounts and scope of work to be subcontracted to MBE/WBE's and the positions to be filled by minorities and females in the trades and other areas of employment. If the level of MBE/WBE participation meets or exceeds the level determined by the Authority to be "meaningful and substantial", there shall be a presumption of compliance with the Plan. If, however, the proposed level of MBE/WBE participation falls below the determined level, the contractor/vendor must prove to the satisfaction of the Authority that, notwithstanding its "best efforts" its proposed level of MBE/WBE participation is the best that can be attained. Actions by a contractor/vendor which demonstrate "best efforts" include:

1. Advertising in general circulation media, trade association publications, and minority/female-focused media concerning subcontracting opportunities.
2. Participating in conferences and seminars specifically for the promotion of the affirmative action portion of the project.
3. The timely notifying of minority and women business enterprises and soliciting their participation on this project.
4. Providing sufficient information about plans, specifications, and requirements of the contract to interested minority and female-owned businesses.
5. Providing evidence of reasonable efforts to negotiate with minority and female-owned businesses for specific sub-bids, including the names, addresses and telephone numbers of minority and female-owned businesses that were contacted. The Affirmative Action Plan shall be a part of the contract between the Authority and a vendor/contractor, and shall be enforceable as any other term or condition of the contract. No contract shall be awarded which does not have an acceptable affirmative action plan.

C. Workforce Utilization

The Authority shall seek the cooperation of trade unions and labor organizations in seeking to encourage women and minorities to enter union apprentice programs. Where necessary, the Authority may require the development and implementation of employment and training programs to meet the policy objectives of the Plan. All contractors/vendors under contract with the Authority shall be required to submit monthly employment reports in the form of certified payroll records with minority and female designations.

D. Monitoring

The Authority staff shall monitor all affirmative action activities, including workforce utilization, and shall give the Authority Board and/or Affirmative Action Oversight Committee periodic reports on the levels of minority and female participation. Monitoring shall include visits to worksites and business offices to verify information given to the Authority.

E. Sanctions

An affirmative action plan shall be a part of each contract between the Authority and a contractor/vendor, and shall be enforceable as any other contractual term or condition. Sanctions for breach of an affirmative action plan may include cancellation of the contract and/or disbarment from future contracting opportunities with the Authority.

Section 3.
STAFFING

To implement this Plan, the Authority will develop a staffing structure to facilitate and assist the attainment of the objectives stated herein. That structure shall include:

A. Oversight Committee

This committee shall consist of representatives from the City and suburbs, business and labor, minority and female-owned businesses, and the Authority, and shall oversee the implementation of this Plan. Such oversight shall include periodically reviewing the affirmative action activities and reporting to the Authority, interacting with the public (both to disseminate information and to receive suggestions and criticisms) using persuasive measures to accomplish desired objectives and coordinating all aspects of the Convention Center as they relate to this Plan.

B. Affirmative Action Officer

The Authority will hire a special assistant to the Executive Director, who will perform such duties as are delegated to him/her, to effectively implement this Plan including frequent site visits to major contractors.

Section 4.
MISCELLANEOUS PROVISIONS

A. Statutory Authority

This Affirmative Action Plan is developed pursuant to the "Pennsylvania Convention Center Authority Act", Act of 1986, P.L. 267, No. 70.

B. Scope

This Plan shall apply to all employment and contracting by the Authority including all contracts for professional services, and shall apply to all contractors, subcontractors, assignees, lessees, agents, vendors and suppliers of the Authority.

C. Scheduling of Contract Opportunities
In order to facilitate the implementation of this Plan, the Authority shall make public all contracting or employment opportunities with as much advance notice as reasonably possible.

D. Certification

The Authority is committed to the utilization of bona fide minority and women-owned businesses, and, therefore, will require that each MBE/WBE be certified. An MBE/WBE may be decertified if, after investigation, it is determined that it is no longer a bona fide MBE/WBE.

E. Use of Pennsylvania Firms

The Authority recognizes the importance of the Convention Center to the economics of the Philadelphia Metropolitan Area, as well as the Commonwealth of Pennsylvania. In implementing this Plan, consistent with applicable State and Federal laws and regulations, preference will be given to providing employment and contracting opportunities to firms and individuals based within these areas.

F. Promotion of Minority and Female Participation

The Authority recognizes the importance of having "meaningful and substantial" minority and female participation in all phases of design, development, construction, maintenance and operation of the Convention Center, and will act in such manner as to promote minority and female participation. Such actions may include, but not be limited to, technical and management assistance, including assistance in obtaining insurance and bonding, to minority and female firms as required; as well as designing the bid packages in such a way as to promote, rather than discourage, minority and female response. The Authority is committed to the successful implementation of this Plan.