§ 29-586. Unified government contract compliance.

(a)

Equal employment opportunity and affirmative action programs.

(1)

Submission of program. Prior to entering any contract with the city, all persons seeking such contract shall submit in writing to the department of human resources a certificate of compliance or a questionnaire on personnel practices and other required documents data as defined in subsection (a)(2)b of this section. Such certificate of compliance, questionnaire on personnel practices, documents data, or affirmative action program shall be submitted to the human resources department; provided that if any person shall fail or refuse to submit a certificate of compliance, questionnaire on personnel practices, or other documents data, as required by this division, such person shall be ineligible to enter into any contract with the unified government until he has so complied.

(2)

Review by director.

a.

Certificates of compliance. The director shall receive and accept certificates of compliance as compliance with the terms of this division respecting submission of a questionnaire on personnel practices. At the time of his initial submission of a certificate of compliance, the person submitting such certificate shall also submit a copy of the questionnaire on personnel practices to which such certificate applies. If the questionnaire on personnel practices is amended, a copy of such amendment shall be supplied to the director; provided that a questionnaire on personnel practices submitted in connection with a certificate of compliance shall not be subject to qualifying review.

b.

Other required documented data. A questionnaire on personnel practices, equal employment opportunity - affirmative action declaration is required to be submitted.

c.

Affirmative action programs. The director shall receive and review affirmative action programs submitted to him, and shall approve any such program or shall specify in writing any modification of the program needed to make it conform to the requirements of this division or state and federal mandates on equal employment opportunity; provided that prior to final rejection of any program, the director shall advise and consult with the person submitting such program for the purpose of assisting him to develop an acceptable affirmative action program. In any event, the director shall notify the contractor in writing of his determination within five working days of the director's receipt of the program.

(3)

Optional annual submissions. Any person who so desires may file biannually a questionnaire on personnel practices or an affirmative action program which shall apply to all bids or proposals which such person shall make during the calendar year next succeeding the date of such filing. Each submission shall be subject to review by the director of human resources and shall be amended at such time and in such manner as the city ordinance, state or federal laws may require.

(b)

Contract conditions.

(1)

Contracts; contents; posting. All contracts executed by the city shall contain language requiring as a condition that all persons contracting with the city agree to refrain from any unlawful employment practice; and that such person will post at its premises notices setting forth the provisions of equal employment opportunity and that such person agrees to implement the certificate of compliance or questionnaire on personnel practices submitted by him in connection with such contract, and that such person shall be bound by the terms of this division, and by the state and federal laws on equal employment opportunity.

(2)

Director's access to information. Every person subject to this division is hereby deemed to agree to permit the director of human resources, his duly authorized agents or employees, when necessary, access at all reasonable times to all such persons, books, papers, records, reports or accounts in the possession of or under the control of such person, as may be necessary to ascertain compliance with this division, and to furnish such further information as may be required of him, all within ten days of the date requested in writing.

(3)

Failure to comply; breach of contract. If a contractor shall fail, refuse or neglect to comply with the terms of these contractual conditions, such failure shall be deemed a total breach of the contract and such contract may be terminated, cancelled or suspended, in whole or in part, and such contractor may be declared ineligible for any further city contracts for a period of up to one year; provided that if a contract is terminated, canceled or suspended for failure to comply with this division, the contractor shall have no claims for damages against the city on account of such termination, cancellation or suspension or declaration of ineligibility.

(4)

Subcontractors. All contracts executed by a contractor with a subcontractor and relating to any city contract, shall contain as a condition thereof, the provisions of this division relating to contract conditions, and such subcontractor shall be subject to the provisions of this division.

(c)

Duties and authority of the director as the city's equal employment officer. The director of human resources is hereby charged with administration and enforcement of this division and is hereby authorized and empowered:

(1)

Rules and regulations. To adopt, promulgate, and enforce rules and regulations relating to any matter or thing pertaining to the administration of this division; provided that all such rules and regulations shall be approved by the unified government administrator.

(2)

Questionnaire on personnel practices; review, eligibility certification. To receive, review and approve or reject, questionnaire on personnel practices submitted by persons seeking any unified government contract, and to certify eligible persons to the departments of the unified government.

(3)

Compliance investigation. To initiate investigations into, to survey and review any and all certificates of compliance and contracts subject to this section, and to take such action with respect thereto as shall ensure compliance with the terms of this division.

(4)

Complaint investigation. To receive, investigate and rule upon or pass on to the contract compliance board, complaints of violations of this division.

(5)

Inspection of records. Either personally, or through agents or employees authorized in writing by him, to examine the books, papers, records, reports or accounts of any person subject to this division by a desk audit and on-site review in order to determine whether such person is in compliance with the provisions hereof.

(6)

Examination under oath. To examine under oath or affirmation, any persons whether as parties or witnesses, whom he believes to have knowledge of any matter relating to compliance with this division, and to such end, he shall have power to compel by subpoena, through the unified government attorney, their attendance before the contract compliance board, and to compel by subpoena, the production before the contract compliance board of books, papers, records, reports or accounts relating to such matters.

(7)

Conciliation. To attempt to eliminate any unlawful practice or any alleged violation of the terms of this division by means of conference, conciliation, persuasion and negotiation, and to enter into conciliation agreements.

(8)

Prehearing conference. At least ten days prior to any hearing before the contract compliance board, call a conference of all parties concerned in any alleged violation of this division for the purpose of attempting to conciliate the same, and all parties shall attend such conference. Such conference shall be informal and no record of the proceeding shall be kept; provided that no testimony shall be given or received at any hearing before the contract compliance board concerning endeavors to conciliate any alleged violation of this division.

(9)

Initiate complaints. To initiate and file with the contract compliance board, complaints alleging violation of this division.

(10)

Recommend to the contract compliance board. To forward to the contract compliance board, together with any complaint received or initiated by him with recommendations for their consideration for action to be taken by this board with respect to such complaint.

(11)

Dismiss complaints. To dismiss complaints in the manner provided in the rules adopted pursuant to this division.

(12)

Reject questionnaire on personnel practices. To reject any questionnaire on personnel practices in the manner provided in the rules adopted pursuant to this division.

(d)

Contract compliance board established; membership. Two representatives from the commission on human relations, and one designee of each unified government commission member and the mayor shall comprise the voting membership of the board. The unified government attorney or a designated member of his staff shall serve as an ex officio member. Within 14 days of the appointment of the board, such board shall meet to elect a chairperson. Such election shall be by majority vote of the board.

(e)

Powers and duties of the contract compliance board. The contract compliance board shall have power to:

(1)

Adopt rules of procedure. Adopt any rules of procedure consonant with the law.

(2)

Make orders. After hearing duly held, make an order specifying the terms and conditions under which any contract will be continued in force, or in the alternative to order cancellation, termination or suspension of such contract, or order that such contractor be ineligible to receive any city contract for a period of not to exceed one year. This board may also dismiss any complaint brought before it.

(3)

Other powers. Any other powers or duties conferred or imposed upon it by this division or by the rules.

(f)

Appeal to the contract compliance board. Any person aggrieved by any order of the director dismissing a complaint or rejecting a questionnaire on personnel practices or by a subpoena issued by the director, through the city attorney, may appeal such order or subpoena to the contract compliance board. All appeals shall be in writing, signed by the person appealing or by his attorney of record, and shall be filed with the director within ten days after receipt of the order appealed from. Upon receipt of any appeal, the director shall forthwith transmit same to the chairperson of the board, together with a copy of the director's order. Upon the filing of an appeal, the operation of the order appealed from shall be stayed until a final order of this board shall have been made.

(g)

Action by the contract compliance board.

(1)

Hearing date to be set. Upon receipt from the director of a written complaint or of a written request for appeal made within the time specified above, this board, shall, within ten days of receipt thereof, set a date upon which it will hold a hearing and shall notify all parties of the date thereof. Hearings shall be set not more than 30 days after receipt by this board of a request for appeal.

(2)

Notice of hearing. A notice of hearing shall be mailed to the parties at least ten days prior to the date of the hearing. Such notice shall state the caption and number of the case and the time and place of hearing.

(3)

Record of proceedings. The contract compliance board shall cause all proceedings before it to be suitably recorded and preserved by a duly qualified court reporter at the unified government's expense; provided that no transcription of such record shall be made except at the request and expense of the party desiring such transcription. Any party may have a copy of all or any part of the record of any proceeding upon payment of proper charges therefor.

(4)

Conduct of hearing; power of the contract compliance board. The hearing shall be conducted by the hearing examiner of this board. In aid thereof, this board shall have power to compel by subpoena the attendance before it, and to examine under oath or affirmation, persons, whether as parties or as witnesses, and to compel by subpoena the production before it of books, records, papers or the evidence which may relate to the subject matter of the complaint or appeal before this board.

(5)

Rights of parties. Each party shall have the right to appear in person and by counsel, to call and examine witnesses, to introduce exhibits, to cross examine opposing witnesses, on any matter relating to the issues, to impeach any witness regardless of which party first called him to testify, and to rebut the evidence against him. A party who does not testify in his own behalf may be called and examined as if under cross examination.

(6)

Decision in writing; notice. Within a reasonable time after hearing, the board shall render a decision. Such decision shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall include a concise statement of the findings upon which the board bases its decision and shall be stated separately from the conclusions of law. Concurrently with its decision, the board shall make an order which shall dismiss the complaint, or shall specify the terms and conditions upon which the contract will be continued in force, or, in the alternative, that the contract be cancelled, terminated or suspended, or that the contractor be declared ineligible for any city contract for a period not to exceed one year. Immediately upon making a decision upon any complaint or upon any appeal, the board shall give notice of its decision by mailing or delivering a copy of such notice, together with a copy of its order, to each party or his attorney of record. Upon request, the board shall furnish any party with a copy of the decision, order, findings of fact and conclusions of law. A copy of such notice and order shall be delivered to any contracting officer involved.

(h)

Enforcement of decision. Immediately upon rendition of its decision, the contract compliance board shall transmit a copy of its order and decision to the contracting officer involved, who shall serve upon the respondent a copy of such order and decision within 24 hours after his receipt thereof. Respondent shall have 30 days after delivery of the said order and decision to him to demonstrate his willingness to comply with the terms and conditions of such order. The contract officer failing to receive such demonstration of willingness shall proceed to cancel, terminate or suspend the contract, or declare the contractor ineligible to receive any city contract for a period of time up to one year, as such order may require. Willingness of the respondent to comply with such order shall be evidenced by his written agreement to comply with the terms and conditions set forth in the order.

(i)

Refusal to permit inspection or failure to obey subpoena; punishment. If any person should fail, neglect or refuse to permit the inspections and investigations authorized by this division or by the rules, or to obey all the terms of any subpoena issued by the director or the contract compliance board through the city attorney, such failure shall be an offense and upon conviction thereof, such person shall be found guilty of a misdemeanor and subject to a fine of not more than $300.00 for each offense; provided that no person shall be deemed to be in violation of the provisions of this subsection until ten days after his receipt of a subpoena or a written order requiring the inspections or investigations authorized by this division.

(j)

Constructive notice. This part shall constitute constructive notice to all persons of the provisions hereof, and they shall be bound thereby.

(k)

Judicial review. Any party who is aggrieved by a final decision and order of the contract compliance board shall be entitled to judicial review; provided that, unless such proceedings for judicial review are begun within 30 days of rendition and delivery of such decision, the same shall become binding upon all parties and no further appeal therefrom shall lie. The order appealed from shall be stayed during the pendency of the judicial review.

(Ord. No. 64497, § 1(11-102), 6-27-1983)