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In this article, unless the context otherwise requires:
Sec. 28-137(1). Affirmative action program means a written plan, which is designed to promote employment of minorities and females as specified by applicable federal, state, and local laws.
Sec. 28-137(2). Disability means an individual person who has, has a history of, or is regarded as having a physical or mental impairment, which substantially limits one (1) or more major life activities.
Sec. 28-137(3). Minority means a person of the following ethnic groups: Hispanic, Black, Asian and Native American in accordance with Federal Regulations section 124.
(Ord. No. 9913, § 1, 11-17-03)
All contracts exceeding the amount provided by section 28-16(1) (small purchases) may provide that the contractor will abide by the following provisions:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, disability not related to job performance, national origin, sexual orientation, gender identity, familial status, and/or marital status. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex, age, disability not related to job performance, national origin, sexual orientation, gender identity, familial status, and/or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, ancestry, sex, age, disability not related to job performance, national origin, sexual orientation, gender identity, familial status, and/or marital status.
(c) The contractor will furnish all information and reports required by the city and will permit access to books, records, and accounts by the city for purposes of investigation to ascertain compliance with this section.
(d) In the event of the contractor's noncompliance with the nondiscrimination clauses of his contract, the contract may be cancelled, terminated or suspended in whole or in part and the contractor may be debarred in accordance with section 28-100.
(Ord. No. 9913, § 1, 11-17-03; Ord. No. 11057, § 3, 3-27-13; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-139(1). All contractors shall upon request submit annually the following reports to the Equal Opportunity Programs Division of Human Resources Department.
(a) A copy of the City of Tucson Employment Utilization Report.
(b) A completed City of Tucson Affirmative Action Questionnaire.
(c) An affirmative action plan, if applicable.
Sec. 28-139(2). A contractor, upon request, must have the above listed items (a), (b), and (c) on file prior to the contract. The affirmative action plan, affirmative action questionnaire and employment utilization report, once approved by the city will be placed on file for a period of one (1) year; therefore these affirmative action documents need not be submitted for each separate contract. A person may renew each affirmative action document prior to the expiration of the year's time by submitting new documents or revisions. Submittal of any approved revisions will automatically reactivate the affirmative action documents for another year. If a person wishes the previously approved documents to remain unchanged, the contractor must inform the affirmative action officer of this fact and request in writing that the documents be reactivated for another year.
(Ord. No. 9913, § 1, 11-17-03; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-140(1). A contractor may not be eligible for an award of the city construction contract unless it has complied with the reporting requirements of this article.
Sec. 28-140(2). The hiring goals, if applicable, established by the division for each contract shall reflect the minority applicant pool available within Pima County for the specific services provided for under the contract.
Sec. 28-140(3). Goals and timetables: An affirmative action plan may set forth, as a minimum, a hiring and promotion plan for minorities and women in percentages which reflect the minority applicant pool available within Pima County for the specific services provided for under each contract. Minorities, for the purpose of this subsection, shall be those groups defined in sections 28-137(2) and (3) and women. Firms which demonstrate good-faith efforts to reach the stated percentage goals will be deemed to be in compliance with the city's affirmative action objectives, even though the firm has not met the staffing utilization goals on a particular contract. Notwithstanding the fact that a contractor has complied with the goal of women and/or minority utilization set forth above, the contractor may be required to continue to make a good-faith effort to hire, when the opportunity arises, women and minorities of those races and in those trades that are substantially under-represented in the contractor's work force.
Sec. 28-140(4). The city’s equal opportunity program division shall be responsible for administering the provisions of this article. This office may establish standards to be met by contractors in order to be eligible for award of contracts. Contractors may be requested to execute such further forms and submit documentation at such time and as may be required by the division. In monitoring the employment policies and practices of firms doing business with the city, the division is authorized to conduct “no notice”, on- site employee interviews and compliance reviews.
Sec. 28-140(5). All employees who are not specifically provided for in subsection (3) of this section shall be covered by this article but shall not be subject to the percentage goals and timetables established in subsection (3).
(Ord. No. 9913, § 1, 11-17-03; Ord. No. 11296, § 1, 8-5-15)
A contractor who encounters problems in complying with its affirmative action obligations may document its good-faith efforts to comply with those requirements in the manner prescribed by the division. The equal opportunity office shall consider the validity of the good- faith efforts on the part of the contractor and may impose such sanctions as are provided in section 28-144 of this article, based upon consideration of the facts in each specific case. Labor unions are required to make good-faith efforts to cooperate with the contractors in fulfilling the staffing utilization goals set forth in this article.
(Ord. No. 9913, § 1, 11-17-03)
The equal opportunity program division shall be responsible for administering the provisions of this article by formulating specific affirmative action procedures which further the policy of the city as set forth herein.
(Ord. No. 9913, § 1, 11-17-03; Ord. No. 11296, § 1, 8-5-15)
Sec. 28-143(1). Federally funded contracts shall be exempt from the provisions of this article.
Sec. 28-143(2). A contract otherwise subject to the provisions of this article may be exempt by the equal opportunity office director from compliance with its provisions in the case of an emergency or when special circumstances exist which, in the interest of the city, compel such exemption.
(Ord. No. 9913, § 1, 11-17-03)
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