Chapter 3.18
EQUAL BENEFITS CITY CONTRACTS - NON-DISCRIMINATION IN BENEFITS

3.18.000    Chapter Contents

Sections:

3.18.010    Definitions.

3.18.020    City Contracts – Non-Discrimination in Benefits.

3.18.030    Limitations.

3.18.040    Powers and Duties of the City.

3.18.050    Appeals.

3.18.060    Effective Date.

3.18.010 Definitions

For the purposes of this chapter:

A.    “Contract” means a contract for public works, consulting, or supplies, material, equipment or services estimated to cost fifty thousand dollars ($50,000) or more;

B.    “Contract awarding authority” means a City Department, Council, employee, or board authorized to enter into or to administer contracts on behalf of the City;

C.    “Employee benefits” means the provisions of health insurance benefits (medical, dental, vision), provided that it does not include benefits to the extent that the application of the requirements of this chapter to such benefits may be preempted by federal or state law.

(Ord. 6914 §3, 2014; Ord. 6304 §1, 2004).

3.18.020 City Contracts – Non-Discrimination in Benefits

A.     Each contractor on a City contract shall have in place, prior to contracting with the City, policies prohibiting discrimination in the provision of employee benefits based on age, sex, race, creed, color, sexual orientation or national origin, or the presence of any physical, mental or sensory disability, or because of any other status protected from discrimination by law.

B.    No contract awarding authority shall execute a contract with a contractor unless such contractor has agreed that it will not discriminate in the provision of employee benefits and has non-discrimination policies in place as provided for in this chapter. A signed Equal Benefits Compliance Declaration shall be completed by the contractor for all contracts awarded.

C.    All contracts awarded by the City shall contain provisions prohibiting discrimination in the provision of employee benefits, including provisions containing appropriate remedies for the breach thereof as prescribed by this chapter.

(Ord. 6914 §3, 2014; Ord. 6304 §1, 2004).

3.18.030 Limitations

The requirements of this chapter shall apply only to those portions of a contractor’s operations that occur:

A.    Within the City;

B.    On real property outside of the City if the property is owned by the City or if the City has a right to occupy the property, and if the contractor’s presence at that location is connected to a contract with the City; and

C.    Elsewhere in the United States where work related to a City contract is being performed. The requirements of this chapter shall not apply to subcontracts or subcontractors of any contract or contractor.

(Ord. 6914 §3, 2014; Ord. 6304 §1, 2004).

3.18.040 Powers and Duties of the City

The City Manager shall have the power to:

A.    Adopt rules and regulations in accordance with this chapter, establishing standards and procedures for effectively carrying out this chapter;

B.    Determine and impose appropriate sanctions for violation of this chapter by contractors including, but not limited to:

1.    As allowed by law, disqualification of the contractor from being awarded a City contract; and

2.    Contractual remedies, including, but not limited to, termination of the contract.

C.    Examine contractor’s benefit programs and policies covered by this chapter;

D.    Allow for remedial action after a finding of non-compliance, as specified by this chapter;

E.    Perform such other duties as may be required by ordinance or which are necessary to implement the purposes of this chapter.

(Ord. 6914 §3, 2014; Ord. 6304 §1, 2004).

3.18.050 Appeals

Any aggrieved party may appeal a decision of the City to the City Manager by the submittal of a written request within ten (10) working days of the decision to be appealed. The City Manager’s decision will be in writing with findings upon which the decision was made. Subsequent appeal will be to the Thurston County Superior Court.

(Ord. 6914 §3, 2014; Ord. 6304 §1, 2004).

3.18.060 Effective Date

The provisions of this chapter shall apply to any contract awarded on or after August 1, 2014.

(Ord. 6914 §3, 2014; Ord. 6304 §1, 2004).