Chapter 3.46
CITY CONTRACTS – NONDISCRIMINATION IN BENEFITS
Sections:
3.46.020 Nondiscrimination in benefits.
3.46.040 Powers and duties of the city administrator.
3.46.010 Definitions.
For the purpose of this chapter:
A. “Contract” means a contract for public works, consulting, or supplies, material, equipment or services estimated to cost $50,000 or more;
B. “Contract awarding authority” means the city officer, department, commission, employee, or board authorized to enter into or to administer contracts on behalf of the city;
C. “Domestic partner” means any person who is registered with his/her employer as a domestic partner or, in the absence of such employer-provided registry, is registered as a domestic partner with a governmental body pursuant to state or local law authorizing such registration. Any internal employer registry of domestic partnership must comply with criteria for domestic partnerships specified by rule by the city administrator;
D. “Employee benefits” means the provision of bereavement leave; disability, life, and other types of insurance; family medical leave; health benefits; membership or membership discounts; moving expenses; pension and retirement benefits; vacation; travel benefits; and any other benefits given to employees; provided, that it does not include benefits to the extent that the application of the requirements of this chapter to such benefits may be preempted by federal or state law.
(Ord. O2000-028, Added, 02/06/2001)
3.46.020 Nondiscrimination in benefits.
A. No contractor on a city contract shall discriminate in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse. The contractor shall not be deemed to discriminate in the provision of employee benefits if, despite taking reasonable measures to do so, the contractor is unable to extend a particular employee benefit to domestic partners, so long as the contractor provides the employee with a cash equivalent.
B. Other Options for Compliance Allowed. Provided that a contractor does not discriminate in the provision of benefits between employees with spouses and employees with domestic partners, a contractor may:
1. Elect to provide benefits to individuals in addition to employees’ spouses and employees’ domestic partners;
2. Allow each employee to designate a legally domiciled member of the employee’s household as being eligible for spousal equivalent benefits; or
3. Provide benefits neither to employees’ spouses nor to employees’ domestic partners.
C. Requirements Inapplicable Under Certain Conditions. The city administrator may waive the requirements of this chapter where:
1. Award of a contract or amendment is necessary to respond to an emergency;
2. The contractor is a sole source;
3. No compliant contractors are capable of providing goods or services that respond to the city’s requirements;
4. The contractor is a public entity;
5. The requirements are inconsistent with a grant, subvention or agreement with a public agency;
6. The city is purchasing through a cooperative or joint purchasing agreement.
D. Requests for waivers of the terms of this chapter are to be made to the city administrator by the contract awarding authority. Decisions by the city administrator to issue or deny waivers are final unless appealed pursuant to TMC 3.46.050.
E. The city administrator shall reject an entity’s bid or proposal, or terminate a contract, if the city administrator determines that the entity was set up, or is being used, for the purpose of evading the intent of this chapter.
F. No contract awarding authority shall execute a contract with a contractor unless such contractor has agreed that the contractor will not discriminate in the provision of employee benefits as provided for in this chapter.
G. All contracts awarded by the city shall contain provisions prohibiting discrimination in the provision of employee benefits, including provisions containing appropriate remedies for the breach thereof as prescribed by this chapter, except as exempted by this chapter or rule.
(Ord. O2000-028, Added, 02/06/2001)
3.46.030 Limitations.
The requirements of this chapter only shall apply to those portions of a contractor’s operations that occur:
A. Within the city;
B. On real property outside of the city if the property is owned by the city or if the city has a right to occupy the property, and if the contractor’s presence at that location is connected to a contract with the city; and
C. Elsewhere in the United States where work related to a city contract is being performed. The requirements of this chapter shall not apply to subcontracts or subcontractors of any contract or contractor.
(Ord. O2000-028, Added, 02/06/2001)
3.46.040 Powers and duties of the city administrator.
The city administrator shall have the power to:
A. Adopt rules and regulations in accordance with this chapter establishing standards and procedures for effectively carrying out this chapter;
B. Determine and impose appropriate sanctions and/or liquidated damages for violation of this chapter by contractors including, but not limited to:
1. Disqualification of the contractor from bidding on or being awarded a city contract for a period of up to five years; and
2. Contractual remedies, including, but not limited to, liquidated damages and termination of the contract;
C. Examine contractor’s benefit programs covered by this chapter;
D. Impose other appropriate contractual and civil remedies and sanctions for violations of this chapter;
E. Allow for remedial action after a finding of noncompliance, as specified by rule;
F. Perform such other duties as may be required by ordinance or which are necessary to implement the purposes of this chapter.
(Ord. O2000-028, Added, 02/06/2001)
3.46.050 Appeals.
Any aggrieved party may appeal a decision of the city administrator to the mayor by the submittal of a written request to the city attorney within ten working days of the decision to be appealed. The mayor’s decision will be in writing with findings identified upon which the decision was made. Subsequent appeal will be to the Thurston County superior court.
(Ord. O2000-028, Added, 02/06/2001)
3.46.060 Effective date.
The provisions of this chapter shall apply to any contract awarded on or after January 2, 2002.
(Ord. O2000-028, Added, 02/06/2001)