It is the public policy of the City of Atlantic City to provide
equal employment and business opportunity for all persons, partnerships,
companies and corporations and to prohibit discrimination in employment
and business practices because of race, color, religion, sex, ancestry
or national origin and to promote the full realization of equal employment
and business opportunity through a positive and continuing program
within each department, division, agency or component of the City
of Atlantic City. This policy of equal employment and business opportunity
shall apply to every contractor, subcontractor or bidder holding or
seeking public contract with the City of Atlantic City and is intended
to provide all businesses in the City of Atlantic City equal opportunity
to participate in the filling of the City of Atlantic City's
nonbid purchase orders up to the legal nonbid limit. The policy of
equal employment opportunity applies to every aspect of municipal
employment policy and practice.
The Director of each department and agency in the City of Atlantic City shall establish and maintain a positive program of equal employment opportunity for all employees and applicants for employment within his jurisdiction in accordance with the policy set forth in §
7-1.
All public contracts hereinafter entered into by the City of
Atlantic City shall incorporate an equal employment opportunity clause,
which shall read as follows:
"The contractor shall not discriminate against any
employee or applicant for employment because of race, color, religion,
sex, ancestry or national origin. The contractor shall take affirmative
action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, religion,
sex, ancestry or national origin. As used herein the word "treated"
shall mean and include, without limitation, the following: recruited,
whether by advertising or other means; compensated, whether in the
form of rates of pay or other forms of compensation; selected for
training, including apprenticeship; promoted; upgraded; demoted; downgraded;
transferred; laid off; and terminated.
"The contractor agrees to and shall 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
clause.
"The contractor shall, in all classifications, including
trainees on any contracted project with the City of Atlantic City,
have a working affirmative action plan. No contractor having traditionally
deprived employees in all classifications of his/her work force shall
receive a contract from the City of Atlantic City unless his/her affirmative
action plan will actualize this goal.
"The contractor shall, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that
all applicants will receive consideration for employment without regard
to race, color, religion, sex, ancestry or national origin. The contractors
shall send to each labor union or representative of workers with which
they have a collective bargaining agreement or other contract or understanding
a notice advising the labor union or workers' representative
of the contractor's commitments under the Equal Employment Policy
of the City of Atlantic City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
"It shall be no excuse for noncompliance that the
union with which the contractor has a collective bargaining agreement
providing for exclusive referral failed to refer traditionally deprived
persons.
"The contractors shall furnish all information and
reports required by the City of Atlantic City pursuant to paragraphs
one through 10, inclusive, hereof and shall permit inspection of their
books and records for purposes of investigation to ascertain compliance
with the program.
"The contractors shall file and shall cause their
subcontractors, if any, to file compliance reports with the City of
Atlantic City in the form and to the extent prescribed by the City
of Atlantic City. Compliance reports filed at such time as directed
shall contain information as to the employment practices, policy,
programs and statistics of the contractors and their subcontractors.
"The contractor shall take such action with respect
to any subcontractor as the city may direct as a means of enforcing
the provisions of paragraphs one through 10 herein, including penalties
and sanctions for noncompliance.
"The contractor shall include the provisions of
paragraphs one through 10 of this equal employment opportunity clause
in every subcontract or purchase order so that such provisions will
be binding upon each subcontractor or vendor.
"During hearing procedures dealing with noncompliance,
all contract payments shall be withheld, and if it is determined after
opportunity for hearing on the record that the contractor or subcontractor
has failed to comply with any portion of the programs as herein stated
and described, that finding will subject the offending party to any
or all of the following penalties:
A. Continued
withholding of all future payments under the public contract to the
contractor in violation until it is determined that the contractor
or subcontractor is in compliance with the provisions of the contract.
B. Refusal
of all future bids for any public contract with the City of Atlantic
City or any of its departments or divisions until such time as the
contractor or subcontractor demonstrates that he has established and
shall carry out the policies of the program as herein outlined.
C. Cancellation
of the public contract and declaration of forfeiture of the performance
bond.
D. In
cases in which there is substantial or material violation or the threat
of substantial or material violation of the compliance procedure or
that which may be provided for by the contract, appropriate proceedings
may be brought to enforce those provisions."
Following receipt and review of the affirmative action plan
and the employment information submitted by the bidders and prior
to award of a contract, the apparent low responsible bidder shall
be required to attend a preaward conference called by the contracting
agency. At the conference the city shall determine whether or not
the apparent low responsible bidder has complied with the policy of
this Article set out in its various sections and shall submit the
findings and recommendations thereon to the contracting agency receiving
bids or other agencies he/she may deem appropriate.
Where a construction contract exists, a project site report
detailing the statistical work force breakdown in the trade classifications
of the contractor and the subcontractors, in a term defined by the
city, shall be completed and submitted by the contractor not more
than 30 days from the beginning of work on the site, and the city
shall conduct such periodic on-site reviews as are deemed necessary.
Such project site reports shall include such information as to the
employment practices and statistics of the contractor and each subcontractor
and shall be in such form as the city may prescribe. Where the term
of the contract exceeds 30 days, such project site reports shall be
submitted once each 45 days or more frequently if the city determines
that such submittal is deemed necessary for a continuing evaluation
of the work force composition. Subcontractors shall complete and submit
such project site reports to the contractor for transmittal to the
city.
All public contracts will be reviewed by the Affirmative Action
Office for content prior to execution, and the Affirmative Action
Officer or his or her representative will attend all preaward conferences
to answer questions and give information relative to affirmative action.
All reports mandated by this Article will be forwarded to the Affirmative
Action Office for evaluation, and a copy of said reports shall be
kept as permanent records of the Affirmative Action Office.