§ 2-1413. Requirements for execution of city contracts.

No contract shall be executed on behalf of the city unless at least one of the following requirements is met:

(1)

Reflection of local labor pool demographics with work force of 15 or more employees. The contractor has demonstrated that the contractor's work force, if consisting of 15 or more employees, reflects the demographic characteristics of the available pool of labor skills normally utilized by the contractor, according to the United States Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Program (OFCCP) guidelines, as they may be amended, and that each subcontractor with 15 or more employees has met one of the requirements of this section. If a contractor or subcontractor has a city-area workforce of 15 or more employees, the contractor or subcontractor shall meet this requirement if the contractor's or subcontractor's city-area work force reflects local demographic characteristics of the available pool of labor skills.

(2)

Affirmative action program. The contractor has demonstrated good faith efforts to comply with the contractual requirement of sections 2-1200 and 2-1414. Such good faith is to be demonstrated by an existing affirmative action program, including but not limited to training programs, advertising, recruitment efforts and goals and timetables, to be approved by the contract compliance officer. The contractor must demonstrate that each subcontractor has met one of the requirements of this section. An affirmative action program shall be approved if it is pursuant to an order of a federal court with jurisdiction over the contractor's employment practices or if it meets the standard of the EEOC and OFCCP guidelines, as they may be amended, provided that certification by the EEOC or OFCCP shall be accepted as fulfillment of this subsection only when issued within 30 days of the submission of the contractor's program to the city.

(3)

Emergency or sole source contract. The contract has been determined by the mayor, the mayor's designee or the chief procurement officer to be an emergency procurement, pursuant to section 2-1192, or to be available only through a sole source, pursuant to section 2-1191.

(4)

Fourteen or less employees. The contractor and all subcontractors, if any, have work forces of 14 or less employees.

(Ord. No. 2009-78(09-O-1876), § 11, 12-15-09)