US Laws, Codes, Statutes & Cases

 
    §  6-123.  Contractor human rights compliance. a. For purposes of this
  section only, the following terms shall have the following meanings:
    (1)  "Contract"  means  any  written  agreement,  purchase  order   or
  instrument  whereby the city is committed to expend or does expend funds
  in return for work, labor, services, supplies, equipment, materials,  or
  any combination of the foregoing.
    (a)  For  purposes  of this section only, unless otherwise required by
  law, the term "contract" shall include any city grant,  loan,  guarantee
  or other city assistance for a construction project.
    (b) The term "contract" shall not include: (i) contracts for financial
  or  other  assistance  between  the  city and a government or government
  agency; or
    (ii) contracts, resolutions, indentures,  declarations  of  trust,  or
  other   instruments   authorizing  or  relating  to  the  authorization,
  issuance, award, and sale of bonds, certificates of indebtedness,  notes
  or other fiscal obligations of the city, or consisting thereof.
    (2)  "Contracting  agency"  means  a  city,  county, borough, or other
  office, position, administration, department, division, bureau, board or
  commission, or a corporation, institution or agency of  government,  the
  expenses of which are paid in whole or in part from the city treasury.
    (3)  "Contractor" means a person who is a party or a proposed party to
  a contract with a contracting agency as those terms are defined herein.
    b. All contractors doing business with the city without regard to  the
  dollar  amount  shall not engage in any unlawful discriminatory practice
  as defined and pursuant to the terms of title viii of the administrative
  code. Every contract in excess of $50,000 shall contain a  provision  or
  provisions detailing the requirements of this section.
    c.  The  contractor  will  not  engage  in any unlawful discriminatory
  practice as defined in title viii of the  administrative  code.  In  the
  case  of  a  contract  for  supplies  or  services, the contractor shall
  include a provision in any agreement with  a  first-level  subcontractor
  for  an  amount  in  excess of $50,000 that such subcontractor shall not
  engage in such an unlawful discriminatory practice. In  the  case  of  a
  contract  for  construction, the contractor shall include a provision in
  all subcontracts in excess of $50,000 that the subcontractor  shall  not
  engage in such an unlawful discriminatory practice.
    d. Enforcement, remedies, and sanctions. Upon receiving a complaint or
  at  his  or  her  own  instance,  the commissioner of business services,
  acting pursuant to  section  1305  of  the  charter,  may  conduct  such
  investigation  as  may be necessary to determine whether contractors and
  subcontractors are in compliance with the equal  employment  opportunity
  requirements  of  federal, state and local laws and executive orders. If
  the  commissioner  has  reason  to  believe   that   a   contractor   or
  subcontractor  is not in compliance with the provisions of this section,
  or where there has  been  a  final  adjudication  by  the  human  rights
  commission  or  a  court of competent jurisdiction that a contractor has
  violated  one  or  more  of  the  provisions  of  title  viii   of   the
  administrative  code,  as  to  its work subject to the contract with the
  contracting agency, the commissioner of business services shall seek the
  contractor's or subcontractor's agreement to  adopt  and  adhere  to  an
  employment  program  designed  to  ensure  equal employment opportunity,
  including   but   not   limited   to   measures   designed   to   remedy
  underutilization   of  minorities  and  women  in  the  contractor's  or
  subcontractor's workforce,  and  may,  in  addition,  recommend  to  the
  contracting  agency that payments to the contractor be suspended pending
  a determination of the contractor's or subcontractor's  compliance  with
  such  requirements. If the contractor or subcontractor does not agree to
  adopt or does not adhere to such a program, the commissioner shall  make

  a  determination  as  to  whether  the contractor or subcontractor is in
  compliance with the provisions of this section,  and  shall  notify  the
  head  of the contracting agency of such determination and any sanctions,
  including  the  withholding  of  payment,  imposition  of  an employment
  program, finding the contractor to be in default,  cancellation  of  the
  contract,  or  other  sanction or remedy provided by law or by contract,
  which the commissioner believes should  be  imposed.  The  head  of  the
  contracting  agency shall impose such sanction unless he or she notifies
  the commissioner in writing that the agency head does not agree with the
  recommendation, in which case the  commissioner  and  the  head  of  the
  contracting  agency  shall jointly determine any sanction to be imposed.
  If the agency head and the commissioner do not agree on the sanction  to
  be  imposed,  the  matter  shall  be  referred  to  the mayor, who shall
  determine any sanction to be imposed.
    e. Nothing in this section shall be  construed  to  limit  the  city's
  authority  to  cancel or terminate a contract, deny or withdraw approval
  to perform a subcontract or provide supplies, issue a non-responsibility
  finding, issue a non-responsiveness finding, deny  a  person  or  entity
  pre-qualification, or otherwise deny a person or entity city business.