An affirmative action program for public contracts shall be submitted as follows.
(a) Class I contracts.
(1) Submission of program. Prior to entering any contract, as defined in § 8-702, with the city, all persons seeking a contract shall submit in writing to the Equal Opportunity Officer an affirmative action program, as defined in § 8-702. The affirmative action program shall be submitted concurrently with or prior to any contract bid or proposal. The affirmative action program shall be submitted in the form of answers to a specific written questionnaire. If any person fails or refuses to abide by this section, the person shall be ineligible to enter into any Class I contract or to receive any contract from the city until he or she has so complied.
(2) Review by Equal Opportunity Officer.
(A) Affirmative action programs. The Equal Opportunity Officer shall receive and review affirmative action programs submitted to him or her and shall specify in writing any modification of the program needed to make it conform to the requirements of this section. Prior to rejection of any program, the officer shall advise and consult with the person submitting a program for the purpose of assisting him or her to develop an acceptable affirmative action program. In any event, the Equal Opportunity Officer will make his or her determination within five working days of receipt of the program.
(B) Option annual submission. Any person who so desires may file annually an affirmative action program which shall apply to all bids or proposals which the person makes during the calendar year next succeeding the day of such filing. This annual submission shall be subject to review by the Equal Opportunity Officer and shall be amended at such time and in a manner as may be required.
(3) Acceptance of program. The final determination of acceptance or rejection of the affirmative action program shall be made by the Governing Body.
(4) Class I contract conditions.
(A) Any person who has been awarded a Class I contract shall not discriminate against any person in the performance of work under the contract because of race, sex, religion, physical handicap, color, national origin or ancestry, except by reason of demonstrably valid occupational disqualification.
(B) In all solicitations or advertisements for employees, the contractor shall include the phrase, “Equal Opportunity Employer,” or a similar phrase to be approved by the Equal Opportunity Officer.
(C) If the contractor fails to comply with the provisions of this section, the contractor shall be deemed to have breached the contract and it may be rescinded, terminated or suspended in whole, or in part, by the Governing Body.
(D) The contractor shall include the provisions of this section in every subcontract so that the provisions will be binding upon a subcontractor.
(5) Duties and authority of the Equal Opportunity Officer. The Equal Opportunity Officer is charged with administration and enforcement of this section and is authorized and empowered:
(A) Affirmative action program, review, eligibility certification. To receive, review and recommend approval or rejection of affirmative action programs submitted by persons seeking any city contract and to certify eligible persons to the city;
(B) Compliance investigation. To initiate investigations into, to survey and review any and all affirmative action programs and contracts subject to this section, to take action with respect thereto as shall ensure compliance with the terms of this section, subject to approval of the City Manager;
(C) Initiate complaints. To initiate and file with the Ad Hoc Equal Opportunity Committee complaints alleging violation of this section; and
(D) Complaint investigation. To receive, investigate and rule upon, or a pass on to the Ad Hoc Equal Opportunity committee complaints of violations of this section.
(b) Class II contracts. Prior to entering into any contract, as defined in § 8-702 with the city, all persons seeking a contract shall execute and agree to comply with the terms and conditions in every purchase order, which shall require compliance with Executive Order 11375, § 202, pertaining to equal employment opportunity requirements. If any person fails or refuses to execute the purchase order containing the terms and conditions as required by this section, the person shall be ineligible to enter any Class II contract or to receive any contract from the city until he or she has so complied.
(Prior Code, § 8-710) (Ord. 1099, passed 4-1-1981)