[Added 5-12-1992 by L.L. No. 4-1992]
For the purposes of this article, the following terms shall
have the meanings indicated:
Those principles relating to nondiscrimination in employment
and freedom of workplace opportunity which require employers doing
business in Northern Ireland to:
Increase the representation of individuals from underrepresented
religious groups in the work force, including managerial, supervisory,
administrative, clerical and technical jobs.
Take steps to promote adequate security for the protection of
employees from underrepresented religious groups both at the workplace
and while traveling to and from work.
Ban provocative religious or political emblems from the workplace.
Publicly advertise all job openings and make special recruitment
efforts to attract applicants from underrepresented religious groups.
Establish layoff, recall and termination procedures which do
not in practice favor a particular religious group.
Abolish all job reservations, apprenticeship restrictions and
differential employment criteria which discriminate on the basis of
religion.
Develop training programs that will prepare substantial numbers
of current employees from underrepresented religious groups for skilled
jobs, including the expansion of existing programs and the creation
of new programs to train, upgrade and improve the skills of workers
from underrepresented religious groups.
Establish procedures to assess, identify and actively recruit
employees from underrepresented religious groups with potential for
further advancement.
Appoint a senior management staff member to oversee affirmative
action efforts and develop a timetable to ensure their full implementation.
With respect to contracts described in Subsections A and B of
this section and in accordance with such subsections, no agency or
elected official or the Council shall contract for the supply of goods,
services or construction with any contractor who does not agree to
stipulate to the following, if there is another contractor who will
contract to supply goods, services or construction of comparable quality
at a comparable price: The contractor and any individual or legal
entity in which the contractor holds a 10% or greater ownership interest
and any individual or legal entity that holds a 10% or greater ownership
interest in the contractor either have no business operations in Northern
Ireland or shall take lawful steps in good faith to conduct any business
operations they have in Northern Ireland in accordance with the MacBride
principles and shall permit independent monitoring of their compliance
with such principles.
A.
In the case of contracts let by competitive sealed bidding, whenever
the lowest responsible bidder has not agreed to stipulate to the conditions
set forth in this section and another bidder who has agreed to stipulate
to such conditions has submitted a bid within 5% of the lowest responsible
bid for a contract to supply goods, services or construction of comparable
quality, the Board of Contract and Supply shall refer such bids to
the Mayor or other official, as appropriate, who may determine, in
accordance with applicable law and rules, that it is in the best interest
of the City that the contract be awarded to other than the lowest
responsible bidder.
B.
In the case of contracts let by other than competitive sealed bidding
for goods or services involving an expenditure of an amount greater
than $10,000, or for construction involving an amount greater than
$20,000, the Board of Contract and Supply shall not award to a proposed
contractor who has not agreed to stipulate to the conditions set forth
in this section unless the department or agency seeking to use the
goods, services or construction determines that the goods, services
or construction are necessary for it to perform its functions and
there is no other responsible contractor who will supply goods, services
or construction of comparable quality at a comparable price. Such
determination shall be made in writing to the Board of Contract and
Supply and shall be filed in the office of the City Clerk.
Upon receiving information that a contractor who has made the
stipulation required by this article is in violation thereof, the
Board of Contract and Supply shall review such information and offer
the contractor an opportunity to respond. If said Board finds that
a violation has occurred, it shall take such action as may be appropriate
and provided for by law, rule or contract, including but not limited
to imposing sanctions, seeking compliance, recovering damages, declaring
the contractor in default and/or seeking debarment or suspension of
the contractor.
A.
As used in this article, the term "contract" shall not include contracts
with governmental and nonprofit organizations, contracts awarded pursuant
to emergencies as provided by law or contracts, resolutions, indentures,
declarations of trust or other instruments authorizing or relating
to the authorization, issuance, award, sale or purchase of bonds,
certificates of indebtedness, notes or other fiscal obligations of
the City, provided that the policies of this article shall be considered
when selecting a contractor to provide financial or legal advice and
when selecting managing underwriters in connection with such activities.
B.
The provisions of this article shall not apply to contracts for which
the City receives funds administered by the United States Department
of Transportation, except to the extent that Congress has directed
that the Department of Transportation not withhold funds from states
and localities that choose to implement selective purchasing policies
based on agreement to comply with the MacBride Principles or to the
extent that such funds are not otherwise withheld by the Department
of Transportation.
