HomeMy WebLinkAboutResolution 4250 Adopting a Policy Prohibiting Discrimination in Contracts and AgreementsCOMMISSION RESOLUTION NO. 4250
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING A POLICY PROHIBITING DISCRIMINATION IN THE
ENTERING INTO AND IMPLEMENTATION OF CONTRACTS AND AGREEMENTS
OF ALL KINDS INCLUDING BIDDING AND CERTAIN PURCHASES.
WHEREAS, The City of Bozeman is a self-governing municipal corporation organized
under the laws of the State of Montana and governed by a Charter, which was effective January
1, 2008; and
WHEREAS, In November, 2009, the City of Bozeman passed and adopted Commission
Resolution Number 4217 declaring "All are welcome here," and committing to: 1) support the
diversity of the community; 2) promote inclusiveness in our public endeavors and private
actions; and 3) work to end silence and stop the spread of hate, and in so doing build just and
caring communities, congregations, workplaces, schools and homes; and
WHEREAS, on February 8, 2010, the Commission adopted Resolution 4243
establishing policies for discrimination in employment and benefits on the basis of sexual
orientation and/or gender identity, among other protected categories; and
WHEREAS, on February 8, 2010 the Commission discussed options for applying similar
policies to those contained in Resolution 4243 to a variety of agreements and purchases the city
undertakes and directed the city staff to prepare a final proposal for ensuring the city and its
contracting partners do not discriminate on the basis of a variety of categories related to
individuals; and
WHEREAS, the Commission finds that creation of these policies will serve the public
interest by ensuring the City of Bozeman does not discriminate on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation,
gender identity or disability; and
WHEREAS, the Commission recognizes circumstances may arise in the implementation
of this policy that will warrant special exceptions; as such, the Commission reserves for itself the
determination of when an exception to the policy described below may be made; and
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WHEREAS, the Commission requests the City Manager implement this policy through
administrative policies or through a formal administrative order so that this policy will be
distributed to all City personnel and implemented expeditiously upon adoption.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the following policy related to discrimination in City contracts and
other agreements is hereby adopted:
Section 1: Policy for Discrimination in City Agreements
All written agreements including but not limited to collective bargaining agreements,
contracts, and leases, entered into by the City, including agreements for professional
services and sole source services, shall include a provision prohibiting discrimination in
the fulfillment of the agreement on the basis of race, color, religion, creed, sex, age, marital
status, national origin, or actual or perceived sexual orientation, gender identity or
disability. The provision shall clearly indicate that the contracting entity or individual will
ensure this obligation pertains to the hiring and treatment of the contractor's employees and
to all subcontracts.
The above requirement shall apply to all purchases of goods and equipment only where the
City enters into a signed written agreement, other than a purchase order or receipt, for the
purchase.
All requests for proposals (RFP), requests for qualifications (RFQ) and all other notices
soliciting bids for construction, services, or any other contracted service, shall include a
provision requiring every submitting entity to affirm it will not discriminate as described
herein and recognize the eventual contract will prohibit discrimination as described herein.
If an entity submitting a bid on a project does not affinn in its submittal that it will comply
with this requirement, the City shall consider the submitter non-responsive.
Agreements for the expenditure of public funds which include a legal anti-discrimination
requirement other than that required by the City, such as a federal or state requirement,
must include the discrimination provision required by the federal or state law, as
appropriate. If the federal or state requirement does not include a discrimination category
listed herein such as sexual orientation or gender identity the agreement must be amended
or an addendum executed to include the missing category.
The above requirement does not apply to the City's issuance of general licenses such as
business or pet licenses nor shall it apply to general or special permits or entitlements
issued by the City. In addition, these requirements do not apply when the City enters into
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agreements to provide services such as garbage or recycling services, to another entity or
individual.
Section 2: Exceptions to be Made by Commission
Exceptions to this policy may be made by the City Commission on a case-by-case basis.
Section 3: implementation by City Manager
The City Manager shall implement this policy through administrative policies or through
administrative order.
Dated this 29 day of March, 2010.
ATTEST:
BO
STA EN,CMC:
City Cl
1883
ty,
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APPROVED AS TO FORM:
SULLIVAN
CityAttomey
R:solution 4250: Polic) Prohibiting I)iscrimination in Contracting and Other Agreements
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