(1) To help implement, monitor and enforce the goals of this Chapter there shall be created the Minority Business Enterprise Council ("MBEC") to be a part of the office of the Director of Finance. The Mayor shall appoint all members of the MBEC, whose terms of office shall be five (5) years from appointment, and which shall be composed as follows:

(a) Three (3) members each to be selected from a separate list of at least ten (10) persons, each list to be submitted within fifteen (15) days of the effective date of this Chapter by:

(i) the Minority Brain Trust;

(ii) the Minority Architects and Engineers Alliance; and

(iii) United Minority Enterprise Associates.

In the event that any person shall appear on more than one list, the Mayor shall have the right to request that a substitute be named. Each such member shall be the Chief Executive Officer of a bona fide Minority Owned Business and a member of the organization from whose list he has been selected;

(b) One (1) member who shall be the Chief Executive Officer of a Female Owned Business;

(c) One (1) member who shall be the Chief Executive Officer of a Disabled Owned Business;[50]

(d) Four (4) members selected at the discretion of the Mayor, except that the Director of Finance shall not be selected and, provided further, that the chairperson of City Council's Committee on Finance, or his designee, shall be one of those selected; and,

(e) One (1) member to be selected by the other eight members of the MBEC.

The Mayor shall within thirty (30) days from the date he has received the final lists appoint members of the MBEC, and notify City Council of the same. The Mayor shall make available to the MBEC sufficient administrative staff and the necessary support services within sixty (60) days from the effective date of this Chapter. The Mayor shall also appoint a staff director.

(2) MBEC's authority and responsibility shall be to:

(a) Devise a certification procedure to assure that businesses taking advantage of this Chapter are legitimate Disadvantaged Business Enterprises.

(b) Ascertain, within ninety (90) days of the completion of staffing pursuant to Section 17-504(1) the total number of Disadvantaged Business Enterprises in the Philadelphia Standard Metropolitan Statistical Area. The MBEC shall maintain a listing of all such businesses for referral by all agencies.

(c) Survey such businesses ascertained in (a) 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 Disadvantaged Business Enterprises by the reporting agency.

(e) Devise, within ninety (90) days from the completion of staffing pursuant to Section 17-504(1), such regulations as may be necessary and appropriate for the implementation of the powers and performance of the duties created by this Chapter. The MBEC shall, from time to time, devise such additional regulations as may be necessary and appropriate for the implementation of this Chapter.

(f) Devise, within ninety (90) days from the completion of staffing pursuant to Section 17-504(1), appropriate policies, regulations and procedures for including the participation of Disadvantaged Business Enterprises 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:

(i) including qualified Disadvantaged Business Enterprises on solicitation lists;

(ii) assuring that Disadvantaged Business Enterprises are solicited whenever they are potential sources;

(iii) structuring contract requirements, when economically feasible, to permit maximum participation of Disadvantaged Business Enterprises;

(iv) implementing a bonding program for participants under this Chapter for construction jobs;

(v) implementing the use of other legally permissible means of fostering the award of prime contracts to Disadvantaged Business Enterprises, such as joint ventures; and

(vi) investigating and making recommendations concerning the use of the Sheltered Market process.

(g) Devise, within ninety (90) days from the completion of staffing pursuant to Section 17-504(1), regulations for the award of contracts pursuant to the Sheltered Market.

(h) Recommend contractual language which provides that compliance with Disadvantaged Business Enterprise 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 non-compliance, 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 Disadvantaged Business Enterprises and financial institutions, and pursuant to equitable regulations developed by the MBEC.

(i) Devise appropriate procedures for monitoring and enforcing compliance with the goals established in this Chapter.

(j) Devise procedures for the waiver of these participation goals in appropriate circumstances.

(k) 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.

(l) 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 Minority, Female and Disabled Owned Business participation, and recommendations as to the appropriate future goals. The annual report shall be available for public review.

(m) Propose its own operating procedures, staffing needs, physical facilities requirements and operating budget.

(n) Issue a report to City Council every six months that outlines the participation of Minority, Female, and Disabled Owned Businesses and Socially and Economically Disadvantaged Individuals in contracts of the City of Philadelphia, its Agencies and all Quasi-Public Agencies. This requirement shall continue to apply notwithstanding the expiration of the effective date of this Chapter, or any judicial determinations concerning the legality of any of the substantive requirements of this Chapter.[51]

(3) 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.