(A) The Commission shall prequailfy those persons, firms, corporations, and associations seeking a contract, lease or other agreement with the Metro Government that requires an expenditure exceeding the amount established in KRS 67C.119, if, on an analysis of the workforce of that entity, the Commission determines that:
(1) The entity is not deficient in the utilization of minority groups, females, or handicapped persons in proportions to population or, if a construction entity, it is utilizing minority groups and females in accordance with the United States Department of Labor currently published goals; or
(2) The entity has an acceptable, bona fide affirmative action plan; or
(3) The entity is a small business, which employs ten or fewer individuals, including seasonal or part time employees; or
(4) The entity has a current federally-approved affirmative action program; or
(5) The Commission has made a finding based on other reasonable criteria, and after consideration of the provisions of 41 C.F.R. 60-2, has determined that the entity does not require an affirmative action plan.
(B) An acceptable bona fide affirmative action plan for an entity seeking a contact, lease, or other agreement shall include:
(1) An analysis of the entity's workforce within which it is deficient in the utilization of minority group members, females and handicapped persons; and
(2) Goals and timetables to which the entity's good faith efforts shall be directed to correct any deficiencies and, thus to achieve prompt and full utilization of minorities and females at all levels in all segments of its workforce where deficiencies exist. The duty imposed to take affirmative action to hire the handicapped and disabled includes attempts to provide reasonable accommodation to the physical and mental limitations of such persons.
(C) In evaluating and reviewing the equal employment opportunity practices and affirmative action plans of contractors or vendors the Commission shall be guided by the provisions of 41 C.F.R. 60-2, which outline the criteria for equal employment opportunity and affirmative action procedures for federal contractors and vendors.
(D) To ascertain compliance with this subchapter any contractor or vendor requesting recommendation for approval from the Commission shall furnish employment-related information upon request and permit access by the Commission to all books, records, facilities and accounts bearing on its employment practices.
(1994 Jeff. Code, § 39.12) (Jeff. Ord. 16-1987, adopted and effective 7-28-1987; Lou. Metro Am. Ord. No. 214-2005, approved 12-12-2005)