§ 12-4-6. City contracts.

(a)

Any contract of over $10,000, except any contract for the sale, purchase or rental of land, to which the city is a party shall include substantially the following provisions:

"Employment Opportunity. The contractor hereby agrees:

(1)

Not to discriminate against any employee or applicant for employment on account of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability, when such person is a qualified person with a disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

(2)

To implement a diversity and inclusion program as defined in section 12-4-3 of this chapter to ensure nondiscrimination in employment under guidelines to be developed by the commission and approved by the city council.

(3)

To include in all solicitations or advertisements for employees placed by or on behalf of the contractor the words 'Equal Opportunity Employer' or a symbol, approved by the commission, meaning same.

(4)

To notify each labor organization or representative of employees with which said contractor is bound by a collective bargaining agreement or other contract of the contractor's obligations pursuant to this equal employment opportunity clause.

(5)

To submit to the city manager and the city's human rights director, upon request, no more frequently than annually, regular equal employment opportunity reports on a form to be prescribed by the city's human rights director with the approval of the city manager, except that the director may request more frequent special reports of particular employers provided the commission has found such employers to have violated any provision of this chapter.

(6)

Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this subsection.

(7)

To make reasonable accommodation to the known physical or mental limitations of an otherwise qualified person with a disability who is an applicant or employee unless the contractor can demonstrate that the accommodation would impose an undue hardship on the operation of its business.

(8)

That for the purpose of this section reasonable accommodation may include (i) making facilities used by employees readily accessible to and usable by persons with a disability and (ii) job restructuring, part-time or modified work schedules, acquisitions or modification of equipment or devices, the provision of readers or interpreters and other similar actions.

(9)

That in determining whether an accommodation would impose an undue hardship on the operation of the contractor's business, factors to be considered include but are not limited to the following:

a.

the overall size of the contractor's business with respect to the number of employees, the number and type of facilities and size of budget;

b.

the type of the contractor's operation, including the composition and structure of the contractor's work force; and

c.

the nature and cost of the accommodation needed.

(10)

That it may not deny any employment opportunity to a qualified person with a disability who is an employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.

(11)

To include the provisions in subsections (1) through (10) of this clause in every subcontract so that such provisions will be binding upon each subcontractor.

(12)

That in the event of the contractor's noncompliance with any provision of this equal employment opportunity clause, upon a finding of such noncompliance by the city's human rights commission and certification of such finding by the city manager, the city council may terminate or suspend or not renew, in whole or in part, this contract."

(b)

The director is hereby authorized to:

(1)

review the performance of any contractor who has a contract with the city with respect to the provisions of subsection (a) above;

(2)

request equal employment opportunity reports, including but not limited to statistical data, from any contractor pursuant to subsection (a)(5) above; and

(3)

upon a finding of probable cause to believe a violation of any provision of subsection (a) above has occurred, file a complaint with the commission pursuant to section 12-4-16 of this chapter.

(c)

The commission is hereby authorized to:

(1)

review any complaint filed by the director pursuant to subsection (b) above in accordance with procedures set forth in this chapter; and

(2)

upon a finding of the commission that any contractor is in noncompliance with the provisions of subsection (a) above, the commission shall report the findings to the city manager.

(d)

The city manager. If the city manager certifies the finding to the city council the city manager shall, unless city council directs otherwise, terminate or suspend or not renew, in whole or in part, as appropriate, the contractual relationship with the contractor; provided, however, that the city manager may defer temporarily a suspension or termination if he or she finds that the suspension or termination may disrupt or curtail a vital public service, or would otherwise not be in the best interests of the city, in which case the city manager shall report his or her action to the city council and indicate a date certain when the relationship will be suspended or terminated, or when the practice complained about will be remedied. (Code 1963, Sec. 18A-6; Ord. No. 2517, 10/14/80, Sec. 5; Ord. No. 2758, 1/22/83, Sec. 1; Ord. No. 3128, 5/17/86, Sec. 2; Ord. No. 3498, 2/23/91, Sec. 5; Ord. No. 4138, 6/17/00, Sec. 12; Ord. No. 4232, 1/26/02, Sec. 7; Ord. No. 4549, 6/14/08, Sec. 5; Ord. No. 5126, 4/14/18, Sec. 1; Ord. No. 5258, 12/14/19, Sec. 1)