Equal Employment Opportunity (EEO), Non-Discrimination Requirements, Payment of a Living Wage and Civil Immigration Enforcement

Topics

• Nondiscrimination in Employment

  During performance of this Contract, the Contractor and all parties subcontracting under the authority of this Contract agree that they will not discriminate against any employee or applicant for employment because of one or more of the employee or applicant's protected classes as defined in K.C.C. chapter 3.12D, as amended, unless based upon a bona fide occupational qualification.
  
  Ref: KCC 12.16.020

• Equal Employment Opportunity Efforts

  The Contractor and all parties subcontracting under the authority of this Contract agree to undertake equal employment opportunity efforts to ensure that applicants and employees are treated without regard to one or more of their protected classes as defined in K.C.C. chapter 3.12D, as amended. The Contractor's equal employment opportunity efforts shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with King County Code 12.16.010.J, "equal employment opportunity efforts" shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination.

• Equal Benefits to Employees with Domestic Partners

  Equal Benefits To Employees With Domestic Partners - Pursuant to Ordinance 14823, King County's "Equal Benefits" (EB) ordinance, and related administrative rules adopted by the County Executive, as a condition of award of a competitively bid contract valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses, and employees with domestic partners during the performance of this Contract. Failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach.

  When the contract is competitively bid and valued at $25,000 or more, the Contractor, when applicable, shall complete a Worksheet and Declaration form (Exhibit E) for County review and acceptance prior to Contract execution. The EB Compliance forms, Ordinance 14823 (which is codified at KCC Chapter 12.19) and related administrative rules are incorporated herein by reference. They are also available online the King County Finance and Business Operations website.

• Nondiscrimination in Subcontracting Practices

  During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of one or more of their protected classes as defined in K.C.C. chapter 3.12D, as amended.

• Compliance with Laws and Regulations

  The Contractor and all parties subcontracting under the authority of this Contract shall comply fully with all applicable federal, state, and local laws, ordinances, executive orders, and regulations that prohibit discrimination. These laws include, but are not limited to, Chapter 49.60 RCW , Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. In addition, King County Code 12.16, 12.17, 12.18, 12.20, and 12.22, are incorporated herein by reference and the requirements in these code sections shall specifically apply to this contract. The Contractor and its subcontractors shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents.

• Small Contractors and Suppliers and Minority and Women Business Enterprises Opportunities

  King County encourages the Contractor to utilize small businesses, including Small Contractors and Suppliers (SCS) and minority-owned and women-owned business enterprises certified by the Washington state Office of Minority and Women's Business Enterprises (OMWBE) in County contracts. The County encourages the Contractor to promote open competitive opportunities for small businesses, including SCS firms and minority-owned and women-owned business enterprises. Program information is available on the King County Business Development and Contract Compliance website.

• Compliance with Section 504 of the Rehabilitation Act of 1973

  Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and the American with Disabilities Act of 1990 as amended (ADA). Pursuant to Title II of the ADA, and Section 504, King County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors. The Contractor agrees that it shall provide all programs, services, and activities to County employees or members of the public under this Contract in the same manner as King County is obligated to under Title II of the ADA, and Section 504 and shall not deny participation or the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with this section shall be a material breach of, and grounds for the immediate termination of, this Contract.

  1. The Contractor agrees to provide to persons with disabilities access to programs, activities and services provided under the Contract or agreement, as required by the disability access laws as defined by KCC 12.16; and
  2. The Contractor shall not discriminate against persons with disabilities in providing the work under the Contract. In any subcontracts for the programs, activities and services under their Contract or agreement with the County, the Consultant shall include the requirement that the subcontract provide to persons with disabilities access to programs, activities and services provided under the Contract or agreement, as required by the disability access laws as defined by KCC 12.16, that the subcontractor shall not discriminate against persons with disabilities in providing the work under the Contract and that the subcontractor shall provide that the County is a third party beneficiary to that required provision.
• Sanctions for Violations

  Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract, for which the Consultant may be subject to damages, withholding payment and any other sanctions provided for by contract and by applicable law.

• Requirements of King County Living Wage Ordinance

  1. In accordance with King County Ordinance 17909, for agreements for services with an initial or amended value of $100,000 or more, the Recipient shall pay and require all sub-awardees and subcontractors to pay a living wage as described in the ordinance to employees for each hour the employee performs a Measurable Amount of Work on this Agreement. The requirements of the ordinance, including payment schedules, are detailed at https://kingcounty.gov/depts/finance-business-operations/procurement/about-us/Living-Wage.aspx.
  2. Violations of this requirement may result in disqualification of the Recipient from bidding on or being awarded a County agreement or contract for up to two years; contractual remedies including, but not limited to, liquidated damages and/or termination of the Agreement; remedial action as set forth in public rule; and other civil remedies and sanctions allowed by law. For purposes of this Section, a “Measurable Amount of Work” is defined as a definitive allocation of an employee’s time that can be attributed to work performed under this Agreement, but that is not less than a total of one hour in any one week period
• Contractor Duties and Limitations for Civil Immigration Enforcement

  1. As a condition of award for contracts providing services for health, housing, and human services, the Contractor agrees that it shall comply with King County Code (KCC) 2.15, as amended.
  2. Except as otherwise provided in KCC 2.15.050, in performing its obligations under this contract with the County, the Contractor shall not expend any time, moneys, or other resources on facilitating the civil enforcement of federal immigration law or participating in civil immigration enforcement operations, except where a state or federal law, regulation, or court order or rule so requires. However, a contractor is not prohibited from sending to, or receiving from, federal immigration authorities, the citizenship or immigration status of a person. Also, nothing in this Section prohibits any contractor from sending to, receiving from, requesting from, or exchanging with any federal, state, or local government agency information regarding the immigration status of a person or from maintaining the information.
     
  3. In providing the contracted services, the Contractor shall not:
     1. For purposes of execution of federal civil immigration enforcement against persons receiving services under this Contract, permit the United States Immigration and Customs Enforcement (ICE) agency, United States Customs and Border Protection (CBP) agency, United States Citizenship and Immigration Services (USCIS), or any other federal agency officers, agents, or representatives access to nonpublic areas of the Contractor's facilities, real or personal property, equipment, or nonpublic databases or nonpublic portions of otherwise public databases, absent a judicial criminal warrant specifying the information or persons sought, or unless otherwise required by state or federal law. Notice of all attempts or requests for access to those facilities, real or personal property, equipment, nonpublic databases, or nonpublic portions of otherwise public databases, with or without a warrant, shall be immediately sent to King County in accordance with the terms of the contract. Permission given to ICE, CBP, USCIS, or any other federal agency officers, agents, or representatives to access any such a facility, real or personal property, equipment, nonpublic database, or nonpublic portion of an otherwise public database without a judicial criminal warrant may only be provided with the prior express, written approval of the King County Program representative listed on page 1 of the Contract. All contractors shall make a good faith effort to strictly comply with this Subsection; however, inadvertent or mistaken permission giving warrantless access to ICE, CBP, or USCIS, or any other federal agency officers, agents, or representatives is not a breach of contract;
     2. Provide personal information relating to persons receiving services under the contract to federal immigration authorities for purpose of civil immigration enforcement, except as required by state or federal law, about any person, including place of birth or household members, the services received by the person or the person's next court date or release date, absent a warrant signed by a judge or a law requiring disclosure; and
     3. Inquire about, or request information of, the citizenship, national origin, immigration status, or place of birth, from any person in the furtherance of providing services in accordance with a contract with King County unless the inquiry or request is required by state or federal law, regulation, or court order or rule, or is necessary for the contractor to effectively provide the services under the contract. The Contractor may inquire about or disclose information relating to a person's citizenship, national origin, immigration status, or place of birth for the purpose of determining eligibility for benefits or seeking reimbursement from federal, state, or other third-party payers. When an inquiry about or request for information of the citizenship, national origin, immigration status, or place of birth is required or for any reason is made, the Contractor shall not attempt to coerce a response. All persons to whom the inquiries or requests are made shall be explicitly informed of their right to decline to respond, free from fear or threat of retaliation.