Sec. 35-161. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City construction contract means any contract to which the city is a party involving any building, road, or sewer, or in any way employing members of the construction trades.

City purchasing contract means any contract to which the city is a party as the purchaser of goods and services, materials, supplies and equipment.

(Code 1968, § 20-40(d))

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 35-162. - Prohibited acts.

It shall be unlawful for any city officer or employee, or for any other person, doing business or seeking to do business, with the city as a contractor or subcontractor in any city construction contract, or in any city purchasing contract, to discriminate or engage in any discriminatory practice, or to acquiesce in any of the same, in any aspect of such contract against any person on the basis of his race, national origin or disadvantaged status. No person doing business with, or seeking to do business with the city shall refuse to do business with any person because of his race, national origin or disadvantaged status, nor with any business enterprise because of the race or national origin or disadvantaged status of the persons comprising 51 percent or more of the ownership or control of such business enterprise, or, if publicly held, the persons owning 51 percent or more of the stock of such business enterprise.

(Code 1968, § 20-40(a))

Sec. 35-163. - Penalties for violations.

Any city officer or employee, or any other person convicted of violating any provision of this section shall be deemed guilty of a misdemeanor, and upon such conviction thereof before the municipal court for the city shall be punished by a fine of not less than $1,000.00 for each offense and shall be ineligible to bid on or be awarded any city construction contract or any city purchasing contract for one year from the date of such violation.

(Code 1968, § 20-40(b))

Sec. 35-164. - Additional remedies.

The city solicitor, or any other person allegedly specifically damaged by a violation of this section may, in addition to all other remedies provided by law, institute proceedings or appropriate actions to prevent, enjoin or abate any unlawful discrimination or discriminatory practice that is in violation of this section. In any instance in which the city determines that there has been a pattern of discrimination or discriminatory practices by one or more persons in city construction contracts, or in city purchasing contracts, or in any of the subcontracting or hiring opportunities thereof or incident thereto, to exclude or refuse to do business with any person on the basis of race, national origin, sex or sexual orientation, the city shall take all actions at law or in equity to dismantle such pattern or system.

(Code 1968, § 20-40(c); Ord. No. 00-121, § 1, 11-16-00)

Sec. 35-165. - Prohibited acts; grants.

It shall be unlawful for any city officer or employee, or for any person doing business or seeking to do business with the city in regards to grants or donations made by the city, to discriminate or engage in any discriminatory practice, or to acquiesce in any of the same, in any aspect of such grant or donation, against any person on the basis of his race, creed, color, national origin, age, religion, sex, sexual orientation, marital status, economic status, or handicap or other disability. No person doing business with or seeking to do business with the city shall refuse to do business with any person because of his race, creed, color, national origin, age, religion, sex, sexual orientation, marital status, economic status, or handicap or other disability.

(Ord. No. 00-130, § 1, 12-7-00)

Sec. 35-166. - Required contract provisions.

All city contracts shall contain the following provision:

"Any person doing business or seeking to do business with the city shall abide by the following Global Sullivan Principles:

(a)

Support universal human rights and particularly, those of employees, the communities within which you operate, and parties with whom you do business.

(b)

Promote equal opportunity for employees at all levels of the company with respect to issues such as color, race, gender, age, ethnicity, or religious beliefs, and operate without unacceptable worker treatment such as the exploitation of children, physical punishment, female abuse, involuntary servitude, or other forms of abuse.

(c)

Respect employee's voluntary freedom of association.

(d)

Compensate employees to enable them to meet at least their basic needs and provide the opportunity to improve their skill and capability in order to raise their social and economic opportunities.

(e)

Provide a safe and healthy workplace; protect human health and the environment; and promote sustainable development.

(f)

Promote fair competition including respect for intellectual and other property rights, and not offer, pay, or accept bribes.

(g)

Work with governments and communities in which you do business to improve the quality of life in those communities their educational, cultural, economic and social well-being and seek to provide training and opportunities for workers from disadvantaged backgrounds.

(h)

Promote the application of these principles by those with whom you do business."

(Ord. No. 00-130, § 1, 12-7-00)