[Adopted 9-30-1976 by Ord. No. 28-1976; amended in its entirety 3-17-1993 by Ord. No. 24-1993]
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."
A. 
The Office of Contract Compliance shall establish any and all necessary and supplemental documents that will be required to effectively implement the City of Atlantic City Equal Opportunity Employment Policy.
B. 
All notices to prospective bidders published on behalf of the City of Atlantic City shall include, as a part of the contract specifications, the condition that all bidders will be required to submit an affirmative action plan and to comply with the Equal Employment Opportunity Policy regarding equal employment opportunity. All reports required herein shall be submitted in duplicate to the city. Each bidder shall file, as part of bid documents, an affirmative action plan for implementing the policy of this Article, employment information reports or other reports as may be required by the city. The contractor must identify all of his subcontractors and must disclose where they are buying all of their supplies before award of contract. The contractor shall cooperate with those appropriate training agencies as designated by the city in providing on- and off-site training for persons employed in the project and shall provide on-site job opportunities to basic and advanced trainees referred to them by the city. The total cost of the training on- and off-site programs, including fringe benefits, and the cost of off-site schooling will be paid for by the contractor. The cost of such training shall be included in the price bid.
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.
A. 
In the event that specific discriminatory practices are found to exist and a contractor fails to cooperate in reaching mutually satisfactory solutions to his/her failure to comply with this Article or to implement contract compliance agreements previously made, the city shall review such cases to determine whether further efforts or alternative approaches are desirable, depending upon the nature of the problem.
B. 
In the event that the city determines that the contractor has violated or has failed to comply with the equal employment and business opportunity requirements of the contract, after affording such contractor a reasonable time to correct the situation, and where negotiations have been of no avail, it shall make a finding under Subsection A of this section and shall transmit said findings and recommendations thereon to the appropriate federal, state and local agencies.
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.