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.