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HomeMy WebLinkAbout07452ORDINANCE NO. 7452 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO MUNICIPAL CONTRACTS AND EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS THEREOF AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted, underscoring indicates matter being added) SECTION 1 Section 1 -8 -1 of Chapter 8 of Title I of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 1 -8 -1. Definitions. For purposes of this Chapter, the following words shall have the following meanings: (1) Municipal contract or contract shall mean any written agreement to which the City or any of its agencies or departments is a party and under which a contractor shall perform work for or furnish and provide supplies, services or materials to the City. (2) Contractor shall mean any person, firm, partnership or corporation performing work for or furnishing and providing supplies, services or materials to the City or any of its agencies or departments under a municipal contract. (3) Applicable state statutes shall mean Section 24 -34 -402, C.R.S., discriminatory and unfair employment practices based upon race, color religion sex, age, or national origin[ or ancestry]. (4) [Colorado Plan] Complying Affirmative Action Program shall mean [the Colorado Statewide Construction Affirmative Action Program prepared jointly by the Colorado Building and Construction Trades Council and the Construction Industry Management Council, including all trade supplements thereto in existence at the time of the passage of the ordinance codified herein or executed anytime thereafter] a written affirmative action program meeting all of the requirements of Chapter 60 of Title 41, Code of Federal Regulations (41 CFR , Chapter 60), including all parts and subparts thereof Designated City Representative shall mean the City's Purchasing Agent, Director of Human Resources, and any other City employee or agent designated in writing by the City Manager. SECTION 2 Sections 1 -8 -4, 1 -8 -5, and 1 -8 -7 of Chapter 8 of Title I of the Pueblo Municipal Code, as amended, are hereby amended to read as follows: Sec. 1 -8 -4. Municipal contract provisions. The contractor shall meet and comply with the following provisions which shall be contained in all municipal contracts: (1) The contractor will not discriminate against any employee or applicant for employment because of race, [religion,] color, religion, [national origin or] sex age or national origin The contractor will take affirmative action in all areas of employment to insure that applicants for employment are employed, and that employees are treated during employment, without regard to race, [religion,] color, religion, [national origin or] sex age or national origin Areas of employment shall mean and include, but shall not be limited to the following: initial employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoffs, terminations, rates of pay, terms of compensation, and selection for training, including apprenticeship. The contractor will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination and equal employment opportunity paragraph. (2) 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, [religion,] color, religion, [national origin or] sex age or national origin (3) The contractor will meet and comply with the letter and spirit of this Chapter 8 and applicable state statutes, and i]If this municipal contract involves construction work or the providing of supplies or materials in excess of [two] ten thousand dollars [($2,000.00)] ($10,000.00) in the building and construction trades industry, the [Colorado Plan] contractor shall have adopted and file with the City a copy of a Complying Affirmative Action Program. The requirement for having adopted and filing a Complying Affidavit Action Program applies to all such construction contracts, regardless of whether federal financial assistance has been provided for the construction project (4) In the event of the contractor's noncompliance with the nondiscrimination and equal employment requirements of this Chapter 8 the contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts with the City. (5) The contractor will include the provisions of paragraphs (1) through (4) in every subcontract in excess of $10,000.00 entered into by contractor to provide and furnish work, services, supplies or materials under a municipal contract. Sec. 1 -8 -5. Compliance review (a) The [City's personnel specialist] Designated City Representative shall have the power to review, upon not less than five (5) days' notice and during normal business hours, the employment practices of contractors during the performance of every such municipal contract, and of subcontractors during the performance of every subcontract awarded thereunder, in order to obtain information relating to compliance or noncompliance with the nondiscrimination and equal employment opportunity requirements of this Chapter. (b) When a written complaint is filed and an investigation by the [personnel specialist] Designated City Representative indicates that there has been a violation of this Chapter or when a compliance review by the [personnel specialist] Designated City Representative indicates that a contractor or subcontractor has violated this Chapter, he or she shall issue and cause a notice of violation to be served on said contractor or subcontractor[a notice of violation]. Said notice shall specify the violations and shall direct the contractor or subcontractor to respond in writing within ten (10) days to show cause why the sanctions of this Chapter should not be imposed. The [personnel specialist] Designated City Representative shall forward a copy of the notice of violation and the response of the contractor or subcontractor to the City Manager within thirty (30) days from the date of the notice of violation. (c) The City Manager shall review the notice of violation and the contractor or subcontractor's response, and shall determine whether any violations have occurred. If the City Manager determines that a violation has occurred, he or she may impose such sanctions as he or she deems appropriate including, but not limited to, suspending or terminating the contract involved, or any portion or portions thereof, or causing to be removed from the list of eligible prequalified contractors the names of contractors and subcontractors found to be in noncompliance with the nondiscrimination and equal employment opportunity requirements of this Chapter and the provision of any such contract or subcontract awarded thereunder until such time as the City Manager is satisfied that such contractors or subcontractors are in compliance with the nondiscrimination and equal employment opportunity requirements of this Chapter. Sec. 1 -8 -7. Penalties. In addition to the remedies set forth in this Chapter, it shall be a municipal offense for any person to violate any provisions of this Chapter, and [A]any person found guilty of [violating any provisions of this Chapter may] same shall be punished as set forth in Section 1 -2 -1 of this Code. SECTION 3 This Ordinance shall become effective thirty (30) days after final passage and shall apply to projects bid and solicitations made on or after its effective date. INTRODUCED March 27, 2006 BY Randy Thurston Councilperson APPROVED: e 4 a l o og � ` , President of City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED April 10, 2006 [ID a O 0 Background Paper for Proposed ORDINANCE AGENDA ITEM # I f DATE: March 27, 2006 DEPARTMENT: Law Department TITLE AN ORDINANCE AMENDING CHAPTER 8 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO MUNICIPAL CONTRACTS AND EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS THEREOF AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City's affirmative action requirements pertaining to municipal contracts be amended to conform with current federal regulatory language concerning affirmative action requirements for construction contracts? RECOMMENDATION We recommend adoption of the ordinance. We understand that the local chapter of the Associated General Contractors has reviewed the ordinance and has expressed no concerns. BACKGROUND Last year an ordinance was considered by City Council which would have revised contractor qualification requirements for construction contracts in excess of stated amounts. Although that ordinance did not pass, review of related City affirmative action requirements at that time revealed that the City's affirmative action requirements applicable to non - federal construction contracts was partially obsolete, and should be revised to conform to the current federal regulatory language. This ordinance implements the necessary changes. It should be noted that the City's existing affirmative action requirements for non- federal projects applies to contracts for work in excess of $2,000.00. The proposed ordinance would raise this to the federal threshold level of $10,000. However, few, if any, City construction contracts in recent years have been of a value of less than $10,000. FINANCIAL IMPACT No financial impact is anticipated.