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(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.)