Article VI. Public Contracts
State Law References:Mandatory provisions applicable to contracts with City concerning discrimination, K.S.A. 44-1030.
3.30.440 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Affirmative action program” means a positive program designed to ensure that a good faith effort will be made to employ applicants and to treat employees during employment equally without regard to their race, religion, creed, color, sex, disability which is unrelated to the ability to perform a particular job or occupation, national origin, ancestry or age. Such program shall include, where applicable, but not be limited to, the following:
(1) Recruitment and recruitment advertising;
(2) Employment, including upgrading, promotion, demotion, transfer, layoff or termination;
(3) Rates of pay or other forms of compensation;
(4) Other terms or conditions of employment; and
(5) Selection for training, including apprenticeship.
The program shall include goals, methods and timetables for implementation of the program.
“Certificate of compliance” means a written certificate issued by a State or Federal agency charged with administration of a governmentally recognized affirmative action program stating that the person named in the certificate is in compliance with the terms of an affirmative action program filed by the named person with the State or Federal agency.
“Contract” means any contract, agreement, purchase order or arrangement required or permitted by the ordinances of the City to which the City shall be a contracting party and which shall hereafter be entered into or renewed, except the following:
(1) Emergency requisitions for goods, supplies and services as provided for by the Contracts and Procurement Division;
(2) Imprest accounts in the nature of petty cash funds;
(3) Any bona fide religious institutions with respect to any qualifications for employment when such qualifications are related to a bona fide religious purpose;
(4) Any type of employment where religious creed, national origin or ancestry would be considered an essential qualification for employment; or
(5) Contracts for goods, supplies or services, the cost of which will not exceed $15,000; provided, however, that if any contractor shall do a total annual business with the City in excess of $15,000, such contractor shall submit an affirmative action program in writing to the Contracts and Procurement Division. For the purposes of this article, total annual business shall be measured by the amount of business done by the contractor with the City during either the current or the preceding fiscal year of the City.
“Contracting agency” means any department, agency, commission or authority of the City which enters into contracts.
“Contractor” means any individual, partnership, corporation, association or other entity, or any combination of the foregoing, which enters into a contract with the City, and which has four or more employees during the term of the contract with the City.
“Disadvantaged business enterprise” means small business concerns controlled by socially and economically disadvantaged individuals or women.
“Minority business enterprise” means a business at least 51 percent of which is owned and operated by a minority or by minority group members or, in the case of a publicly owned business or corporation, at least 51 percent of the stock of which is owned by minority group members.
“Performance of work” means the furnishing of any personal service, labor, materials or equipment used in the fulfillment of a contractor’s obligation under a City contract.
“Person” means any natural person, contractor, subcontractor, supplier of goods or services, or any agent, servant or employee of any of the foregoing. As used in this article, the word “person” is a generic term unless the context clearly indicates otherwise.
“Subcontractor” means, in a construction project, any individual, partnership, corporation, association or other entity, or any combination of the foregoing, who shall undertake, by virtue of a separate contract directly with the general contractor awarded the construction project, to fulfill all or any part of any contractor’s obligation, exclusive of a contract solely to furnish supplies, and who has four or more employees during the term of the subcontract.
“Women business enterprise” means a business at least 51 percent of which is owned and operated by a woman or by women or, in the case of a publicly owned business or corporation, at least 51 percent of the stock of which is owned by a woman or women. (Ord. 20206 § 12, 9-10-19; Ord. 17627 § 1, 1-2-01; Ord. 17181 § 1, 10-7-97. Code 1981 § 22-118. Code 1995 § 86-131. Formerly 2.135.110.)
Cross References:Definitions generally, TMC 1.10.020.