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ORDINANCE NO. 4526-14

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING CHAPTER 66 (PROCUREMENT), ARTICLE I (IN GENERAL), SECTION 66-9 (EQUAL OPPORTUNITY) OF THE CODE OF ORDINANCES OF THE CITY OF WEST PALM BEACH, FLORIDA, TO REQUIRE ALL PERSONS OR ENTITIES PROVIDING GOODS, SERVICES OR CONSTRUCTION TO THE CITY TO PROVIDE BENEFITS TO DOMESTIC PARTNERS OF EMPLOYEES ON THE SAME BASIS AS IT PROVIDES BENEFITS TO EMPLOYEES’ SPOUSES AND DEPENDENTS; PROVIDING A CODIFICATION CLAUSE; PROVIDING A CONFLICTS AND SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

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WHEREAS, the City Commission of the City of West Palm Beach, Florida, wishes to secure for all individuals within the City freedom from discrimination in employment, housing and public accommodations and to promote opportunity without regard to race, color, national origin, religion, sex, gender identity or expression, sexual orientation, disability, marital status, familial status, or age; and

WHEREAS, the City provides benefits to domestic partners of its employees on the same basis as it provides benefits to employees’ spouses and dependents; and

WHEREAS, the City Commission believes that requiring contractors and businesses that do business with the City to provide to their employees with same-sex spouses and domestic partners benefits equal to those provided to employees whose marriages are recognized by the State of Florida will encourage such contractors and businesses to maintain a competitive advantage in recruiting and retaining the highest quality work force, thereby improving the quality of goods and services that the City receives; and

WHEREAS, the City of West Palm Beach has a fiscal responsibility to ensure that it purchases the best quality goods and services possible within its budgetary constraints; and

WHEREAS, the City Commission finds that it is in the best public interest to require that persons or entities providing goods, services or construction to the City provide benefits to domestic partners of employees on the same basis as it provides benefits to employees’ spouses and dependents;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, that:

SECTION 1:

The City Commission of the City of West Palm Beach, Florida hereby amends the Code of Ordinances at Chapter 66 (Procurement), Article I (In

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ORDINANCE NO. 4526-14

General), Sec. 66-9 (Equal Opportunity), to add subsection (b) which shall read as follows:

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Sec. 66-9. Equal opportunity.

ORDINANCE NO. 4526-14

(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 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:

i. No

benefits

are

provided

to

employees’ spouses

or

employees’

dependents.

ii. The business is a government entity.

iii. The contract is for the sale or lease of property.

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

an emergency situation.

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

vi. 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.

vii.

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.

SECTION 2:

The City Commission of the City of West Palm Beach, Florida hereby amends the Code of Ordinances at Chapter 66 (Procurement), Article IV (Procurement Methods), Sec. 66-71 (Selection of respondent; best value), at subsection (b) which shall read as follows:

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Sec. 66-71. Selection of respondent; best value.

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ORDINANCE NO. 4526-14

(b)Best value means the overall value to the city, in the city's sole discretion, as determined by consideration of the following:

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(14) Compliance with the equal opportunity provisions of the procurement code.

SECTION 3:

All ordinances or parts of ordinances in conflict herewith are

hereby repealed.

SECTION 4:

Should any section or provision of this Ordinance or any portion, paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.

SECTION 5:

Authority is hereby granted to codify the text amendments set forth in Section 1 of this Ordinance.

SECTION 6:

A copy of this Ordinance shall be provided to the Procurement Official by the City Clerk.

SECTION 7:

This Ordinance shall take effect in accordance with law.

FIRST READING THIS

SECOND READING AND FINAL PASSAGE THIS

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