2.44.070 Equal Employment Opportunity Program for Public Contracts.
(A) Establishment of Equal Employment Opportunity Program for Public Contracts. An equal employment opportunity program for public contracts is hereby established, which includes the requirements provided in this Section and any rules and regulations established pursuant to this Section. A copy of such rules and regulations will be available at the City Clerk’s office during regular hours of business.
(B) Applicability. The provisions of this Section apply to any contract which the City enters into or renews with a supplier or contractor after the effective date of the ordinance codified in this chapter in an amount equal to or more than the amount at which a formal bid or proposal is required under the City’s procurement requirements, or to any contract with a supplier or contractor who does an aggregate annual business with the City equal to or in excess of that amount.
(C) Authority and Duties of the Community Relations Manager. The Community Relations Manager or designee is charged with administration and enforcement of this Section and is authorized and empowered:
(1) To establish rules and regulations pertaining to the Equal Employment Opportunity Program for Public Contracts; to amend those rules and regulations from time to time; to receive, review, and recommend approval or rejection of information submissions from suppliers or contractors; to certify eligible suppliers or contractors to the City.
(2) To initiate investigations into, survey, and review all information submittals and contracts subject to this Section, and to take such action with respect thereto as shall insure compliance with the terms of this Section, subject to approval of the City Manager.
(3) To initiate and file with the Human Relations Commission complaints alleging violation of this Section.
(4) To receive, investigate, and rule upon, or pass on to the Human Relations Commission complaints of violations of this Section.
(D) Contract Conditions. Contracts subject to this Section must include the following conditions:
(1) The supplier or contractor shall not discriminate against any person in the performance of work under the contract because of race, religion, color, sex, disability, national origin, or ancestry.
(2) In all solicitations or advertisements for employees, the supplier or contractor shall include the phrase, “Equal Opportunity Employer,” or a similar phrase to be approved by the Community Relations Manager.
(3) If the supplier or contractor fails to comply with the provisions of this Section, the supplier or 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.
(4) The supplier or contractor shall include the provisions of this Section in every subcontract so that such provisions will be binding upon such subcontractor.
(E) Personnel Practices Submission. For any contract subject to this Section, the supplier or contractor must, prior to execution of the contract, submit in writing to the Community Relations Manager information regarding personnel practices according to a form provided by the City; provided, that if any supplier or contractor fails or refuses to submit the information required by this Section, such supplier or contractor shall be ineligible to enter into any contract subject to this Section or to receive any said contract from the City until it has so complied.
(F) Review of Personnel Practices Submission. The Community Relations Manager will receive and review information submitted to him or her and will specify in writing any modification needed to make it conform to the requirements of this Section; provided, that prior to rejection of any submission, the Manager will advise and consult with the supplier or contractor submitting such information for the purpose of assisting it to develop an acceptable submission.
(G) Submission and Renewals. Information submitted by a supplier or contractor may be considered for multiple bids or proposals. Such submission will be subject to review by the Community Relations Manager and will be amended at such time and in such manner as the Manager may require. The Manager may allow submissions to be renewed in a manner and for a renewal term as provided by the Manager. (Ord. 17-53 § 7, 2017; Ord. 92-37 § 11, 1992; Ord. 507 § 7, 1976.)