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167.06 DISSEMINATION OF POLICY.
   (a)   Internal. The City shall disseminate its equal employment opportunity policy internally as follows:
      (1)   The policy shall be publicized in the Annual Report.
      (2)   A copy of the policy shall be made available to every City employee immediately.
      (3)   Copies of the policy shall be given to, and discussed with, new employees during their orientation sessions.
      (4)   Union officials shall be advised in writing of the policy in accordance with Executive Orders 11246 and 11375 and nondiscrimination clauses shall be included in future City-union agreements.
      (5)   Posters and pamphlets delineating the policy and implementation procedures shall be posted on all department bulletin boards.
   (b)   External. The City shall disseminate the policy externally as follows:
      (1)   A clause explaining the equal employment opportunity policy shall be included in all public advertisements for job openings and examination dates.
      (2)   All recruiting sources shall be informed verbally and in writing of the affirmative action policy and plan, stipulating that these sources actively recruit and refer minorities and women for all positions.
      (3)   An equal opportunity clause shall be incorporated in all purchase orders, contracts, etc.
      (4)   A copy of the equal opportunity program shall be made available to all prospective employees to enable such employees to know and avail themselves of its benefits.
      (5)   Written notification of the policy shall be sent to all contractors, subcontractors, vendors and suppliers, requesting appropriate action on their parts.
      (6)   Minority and women's organizations, community agencies, community leaders, secondary schools and colleges shall be notified in writing of the policy.
(Ord. 83-90. Passed 4-4-83.)
167.07 INTERNAL AUDIT AND REPORTING SYSTEM; GRIEVANCES.
   (a)   Internal Monitoring. Close internal monitoring must be maintained within City departments to correctly gauge the effectiveness of the Affirmative Action Program. Every department head shall submit quarterly reports on the status of his or her employees and an analysis of the current employment situation to the Affirmative Action Officer and the Community Relations Board. Such reports shall include the department head's estimation of any existing barrier to equal employment opportunity and any improvement or action taken within the department. The Board shall then act as a sounding board, offering suggestions and/or constructive criticisms concerning the progress of each department.
   The Data Processing Department shall prepare, every six months, a comprehensive list of full-time and part-time employees for the Affirmative Action Officer and the Equal Opportunity Specialist. Such list shall contain all pertinent information, such as salary, sex and position classification of such employees.
   Annually, an audit of the entire program, including the corrective action programs and their effectiveness in attaining the goals, shall take place. Goals shall also be reevaluated in terms of current population, work force and unemployment statistics.
   Applicant flow at the Civil Service Commission and the Division of Purchasing and Personnel shall be monitored through the use of equal employment opportunity forms. Such forms, showing the race and sex of each applicant, shall be filled out by every person applying for a position and shall be kept by the Affirmative Action Officer.
   (b)   Grievances.
      (1)   Procedure. All personnel grievances involving alleged violations of antidiscrimination policies in relation to hiring and recruitment or treatment of presently employed persons in the City government shall initially be filed with the Affirmative Action Officer. The Affirmative Action Officer shall investigate the complaint and its resolution. If an applicant or employee is not satisfied, the Affirmative Action Officer shall educate the applicant or employee as to the procedure for appeal and provide any information requested that relates to an appeal.
      (2)   Records.
         A.   All grievances shall be submitted in writing and be notarized.
         B.   All telephone or other conversations relating to the grievance shall be documented for further reference.
         C.   Files and reports shall be maintained in the Affirmative Action Office on the type of action taken to resolve the employee's or applicant's complaint.
(Ord. 83-90. Passed 4-4-83.)
167.08 CONTRACTOR COMPLIANCE PROCEDURE.
   (a)   Nonconstruction and Construction Contractors.
      (1)   Equal employment opportunity clause.
   All public contracts hereinafter entered into by the City in which the contract is in excess of five thousand dollars ($5,000) shall incorporate an equal employment opportunity clause which shall read as follows:
         A.   The contractor shall not discriminate against any employee or applicant for employment because of race, religion, age, color, sex, national origin or handicap. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to race, religion, age, color, sex, national origin or handicap. As used herein, "treated" means and includes, without limitation, the following: recruited, whether by advertising or other means; compensation; selected for training, including apprenticeship; promoted; demoted; upgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers, setting forth the provisions of this nondiscrimination clause.
         B.   The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants shall receive consideration for employment without regard to race, religion, age, color, sex, national origin or handicap.
         C.   The contractor shall send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representative of the contractor's commitments under the equal opportunity clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(Ord 83-90. Passed 4-4-83.)
         D.   The contractor shall submit to the City, in writing, an affirmative action plan and shall furnish all information and reports required by the City or its representatives pursuant to this chapter and permit access to the contractor's books, records and accounts by the contracting agency and affirmative action officials for purposes of investigation to ascertain compliance with the Affirmative Action Program. The contractor may comply with the provisions of this section by doing one of the following:
            1.   The contractor may submit its Affirmative Action Program in writing at the time of its submission of bid; or
            2.   The contractor may submit its Affirmative Action Program in writing prior to its submission of bid for precertification.
   The contractor's Affirmative Action Program may be precertified upon the filing and approval of its Affirmative Action Program with the City's OEO office not more than six months prior to its bid submission. Upon precertification, the contractor will be issued a precertification compliance number for its Affirmative Action Program, which may be used and referred to in any bid submission in the place of any other written requirement for Affirmative Action Program submission. It shall be the sole responsibility of the contractor to be recertified upon the expiration of its precertification. Approved programs may be reviewed before any precertification expiration date.
(Ord. 88-9. Passed 1-19-88.)
         E.   The contractor shall take such action with respect to any subcontractor as the City may direct as a means of enforcing this equal opportunity clause, including penalties and sanctions for noncompliance, provided, however, that if the contractor becomes involved in or is threatened with litigation as a result of such direction by the City, the City shall enter into such litigation as is necessary to protect the interests of the City and to effectuate the equal opportunity program of the City and, in the case of contracts receiving Federal assistance, the contractor or the City may request the United States to enter into such litigation to protect the interests of the United States.
         F.   The contractor shall file and shall cause his or her subcontractors, if any, to file compliance reports with the City in the form and to the extent prescribed by the City or its representative. Compliance reports shall contain information as to the employment practices, policies, programs and statistics of the contractor and his or her subcontractors.
         G.   The contractor shall include the provisions of this equal employment opportunity clause in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor.
         H.   Refusal by the contractor or subcontractor to comply with any portion of this program as herein stated and described shall subject the offending party to any or all of the following penalties:
            1.   The withholding of all future payments under the involved public contract to the contractor in violation until it is determined that the contractor or subcontractor is in compliance with the provisions of this contract;
            2.   The refusal of all future bids for any public contract with the City or any of its departments or divisions until such time as the contractor or subcontractor demonstrates that he or she has established and shall carry out the policies of the program as herein outlined;
            3.   The cancellation of the public contract and declaration of forfeiture of the performance bonds; and
            4.   In cases in which there is a substantial or material violation or the threat of substantial or material violation of the compliance procedure, or as may be provided by contract, appropriate proceedings to enforce such provisions, including the enjoining within applicable laws of contractors, subcontractors or other organizations, individuals or groups who prevent, directly or indirectly, or seek to prevent, directly or indirectly, compliance with the policy as herein outlined.
      (2)   Contract compliance requirements.
         A.   All notices to prospective bidders published on behalf of the City shall include as a part of the contract specifications the condition that all bidders will be required to comply with the City Contract Compliance Program regarding equal employment opportunity. All reports required in this chapter shall be submitted in duplicate to the Affirmative Action Officer.
         B.   Each bidder shall file, as a part of the bid documents, contract employment reports as may be directed by the City or its representative. Such contract employment reports shall include information as to the employment practices, policies, programs and statistics of the contractor and shall be in such form as the City may prescribe.
      (3)   Pre-award conference. Following receipt and review of the employment information submitted by the bidders and prior to the award of a contract, the apparent successful bidder and his or her major subcontractors shall be required to attend a pre-award conference at which time such bidder and major subcontractors shall submit affirmative action programs to promote equal opportunity in employment. The Affirmative Action Officer and the Equal Opportunity Specialist shall determine whether or not the apparent successful bidder has complied with this chapter and shall submit their determination and recommendation thereon to the Mayor and the contracting agency or department. If a contractor did not comply with this chapter, he or she shall be afforded a hearing before the Mayor and the Affirmative Action Officer within ten days from the date that such contractor is notified of noncompliance.
   (b)   Federally-Assisted Construction Contracts. All contractors who hereinafter enter into Federally-assisted construction contracts with the City in excess of ten thousand dollars ($10,000) shall comply with the requirements of the appropriate Federal funding agency and shall file the proper forms and reports required by the City or its representative.
(Ord. 83-90. Passed 4-4-83.)
167.09 RESPONSIBILITY FOR CONTRACT IMPLEMENTATION.
   (a)   The Equal Employment Opportunity Coordinator of the City shall be responsible for the monitoring of all public contracts with the assistance of the Equal Opportunity Specialist and the prime purchasing agent of the City, the Safety-Service Director. An equal employment opportunity file shall be maintained containing the following pertinent information:
      (1)   Affirmative action programs for all prime contractors and subcontractors;
      (2)   Copies of all prime contractors and the name of their equal employment opportunity officer;
      (3)   Copies of contract award letters;
      (4)   Documentation of minority bid solicitation;
      (5)   Minutes of the pre-award conference;
      (6)   Monthly/quarterly equal employment opportunity manpower reports;
      (7)   Memos of phone conversations with contractors regarding compliance;
      (8)   Copies of all correspondence with contractors regarding compliance;
      (9)   Documentation of all attempts to get voluntary compliance; and
      (10)   Minutes of all show cause hearings.
   (b)   The Equal Opportunity Specialist and the Affirmative Action Officer shall also be responsible for designing and implementing the required manpower reports to be submitted by contractors.
(Ord. 83-90. Passed 4-4-83.)
167.10 CONTRACT DISPOSITION.
   (a)   If a contractor fails to cooperate in reaching mutually satisfactory solutions or to implement contract compliance agreements previously made, the Affirmative Action Officer shall review such cases to determine whether or not further efforts to reach alternative solutions are desirable. Depending upon the nature of the problem, such alternatives may involve contact with industry or related labor unions or requesting the assistance of the State Civil Rights Commission, the Office of Federal Contract Compliance and/or the particular Federal agency involved.
   (b)   If the Affirmative Action Officer determines that the contractor has violated or has failed to comply with the equal opportunity requirements of the contract after affording such contractor a reasonable time to correct his or her situation, and where negotiations have been of no avail, the Affirmative Action Officer shall submit written findings and shall transmit such findings and subsequent recommendations to the Mayor and the statutory department directors. If the violation or noncompliance cannot be resolved in the Mayor's office, it will be forwarded to the proper Federal agency.
   (c)   If specific discriminatory practices are found to exist in the administration and enforcement of the affirmative action program, then, in addition to the sanctions that may be imposed as provided by the terms of the contract, the City may forward all pertinent information to the appropriate Federal and State agencies.
(Ord. 83-90. Passed 4-4-83.)
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