ORDINANCE NUMBER 13-10720
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 13 OF THE SALINA CODE PERTAINING TO PUBLIC CONTRACTS AND REPEALING THE EXISTING SECTIONS
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Amendment. That Section 13-131 of Chapter 13, Article VI of the Salina Code is hereby amended as follows:
Sec. 13-131. Required contract provisions.
(a) Every contract for or on behalf of the city or any agency thereof, for construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies, or services, shall contain provisions by which the contractor and any subcontractors agree that:
(1) The contractor and any subcontractor shall observe the provisions of this chapter and the Kansas act against discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, age, color, sex, disability, national origin, or ancestry;
(2) In all solicitations, or advertisements for employees, the contractor shall include the phrase “equal opportunity employer,” or a similar phrase to be approved by the city’s human relations director;
(3) If the contractor fails to comply with the manner in which the contractor reports to the commission or the Kansas human rights commission in accordance with the provisions of this chapter or K.S.A. 44-1031 and amendments thereto, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the city;
(4) If the contractor is found guilty of a violation of this chapter or the Kansas act against discrimination under a decision or order of the commission or the Kansas human rights commission which has become final, the contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the city; and
(5) The contractor shall include the provisions of subsections (a)(1) through (4) in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.
(b) Every contract entered into by the city or any of its agencies shall include a provision that during the performance of the contract, the contractor will not discriminate against any employee or applicant for employment in the performance of the contract, and every contractor shall include similar provisions in all subcontracts under such person’s contract with the city.
(c) The provisions of this article shall not apply to a contract entered into by a contractor
(1) who would not be considered an “employer” as defined in Section 13-2;
(2) whose contracts with the City cumulatively total $5,000 or less during the calendar year.
Section 2. Repealer. That existing section 13-131 and sections 13-132, 13-133 and 13-134 are hereby repealed.
Section 3. Effective. This ordinance shall be in full force and effect from and after its adoption and publication by the following summary once in the official city newspaper.
Ordinance No. 13-10720 Summary
On December 7, 2013, the City Commission passed Ordinance No. 13-10720. The Ordinance amends § 13-131 of Article VI of Chapter 13 of the Salina Code concerning required non-discrimination provisions in public contracts and repeals other sections. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash, free of charge. This summary is certified by the city attorney.
Introduced: December 2, 2013
Passed: December 9, 2013
Barbara V. Shirley, Mayor
Lieu Ann Elsey, CMC, City Clerk