New Chapter 14.5 Entitled Affirmative Action Procedures

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submit a nondiscrimination affidavit, in the form set forth in subsection (b) below, along with its bid. b. Affirmative action. The bidder must have adopted and maintain in effect at all applicable times an affirmative action plan. The bidder must submit its plan and an affirmative action affidavit, in the form set forth in subsection (b) below, to the contracting agency prior to or along with its bid. The affirmative action plan must: i. Provide for the recruitment, hiring and employment of minorities and women; ii. Contain appropriate specific goals and timetables for the recruitment, hiring and employment of minorities and women, which shall be determined in the same manner as in Section 14.5-4(b) ; and iii. Be reviewed, updated, and submitted to each applicable City contracting agency annually. The bidder may submit its plan to the Mayor' s designee for review in advance to determine if the plan meets the requirements of this article. The bidder may file its affirmative action plan with the contracting agency prior to submitting a bid to that contracting agency. The plan will remain on file for one year. ( 2) Denial of Qualification. In the event the Mayor' s designee or the contracting agency determines that a bidder is not qualified with respect to either of the requirements set forth in subsection ( 1) above, the Mayor' s designee or the contracting agency making the determination shall make written findings of the reasons for that decision. The aggrieved bidder may appeal the findings to the Mayor for reconsidera- tion. The Mayor may appoint a person to make an independent review and recommendation to the Mayor. The Mayor' s decision shall be final for purposes of judicial review. (b) Contract requirements. Each bidder must submit the following written commitments with its bid to be included in the City contract if its bid is selected. Failure of the bidder to submit the written commitments with its bid may result in the bidder' s being nonresponsive. ( 1) Nondiscrimination commitment. Contractor and each of its subcontractors agree not to discriminate against any employee or applicant for employment in the performance of this contract with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, handicap, national origin or ancestry. Breach of this provision may be regarded as a material breach of the contract. ( 2) Affirmative action affidavit. Contractor has adopted and will maintain in full force and effect for one year from the date of the affidavit, an affirmative action plan for the recruitment, hiring and employment of minorities and women. Contractor certifies that it strongly seAkc the ii of