§ 66-9. Equal opportunity.

(a)

No person or business shall be excluded from participation in, denied benefits of, or otherwise discriminated against in connection with procurement by the city on the grounds of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status, or sexual orientation.

(b)

When contracting for goods, services or construction in an amount of $50,000.00 or more with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits to employees' domestic partners. The requirements of this provision shall not apply where:

(1)

No benefits are provided to employees' spouses or employees' dependents.

(2)

The business is a government entity.

(3)

The contract is for the sale or lease of property.

(4)

The contract is an emergency procurement or necessary to respond to an emergency situation.

(5)

The provisions of this subsection would violate grant requirements, law, rules or regulations of federal or state law.

(6)

When determined by the procurement official, in the best interest of the city:

a.

Where only one procurement response is received;

b.

Where more than one procurement response is received, but the responses demonstrate that none of the proposers can comply with the requirements of this section.

(7)

The city commission may waive compliance with the requirement to provide equal benefits to employees' domestic partners where imposition of the requirement will result in the city not receiving the best value for the particular procurement. Such waiver shall be made at a duly noticed public meeting and the record shall contain the commission's findings as to why best value can only be achieved by such waiver.

(Ord. No. 4292-10, § 2, 12-13-2010; Ord. No. 4526-14, § 1, 8-18-2014)