NONDISCRIMINATION POLICY; FEDERAL AND STATE GRANT REQUIREMENTS

Jacksonville Ordinance Code tit. V, ch. 126, pt. 4

in effect

Jacksonville Ordinance Code § 126.401 Policy.

Sec. 126.401. - Policy. It is hereby declared to be the City policy to assure equal opportunities to every person, regardless of race, color, religion, sex, sexual orientation, gender identity, familial status, national origin, age or disability in securing or holding employment in a field of work or labor for which the person is qualified, as provided and enforced by Chapter 402. It is also the City policy that persons doing business with the City shall recognize and comply with this policy and will not expend public funds in a manner as will encourage, perpetuate, or foster discrimination. Nevertheless, it is not the intent or policy of the City to impose or require quotas or other formulas based on race, color, religion, sex, sexual orientation, gender identity, familial status, national origin, age or disability for securing or holding employment or awarding City contracts or to create a presumption of discrimination or nondiscrimination. This provision shall be automatically updated to conform to applicable state and federal law on protected categories. (Ord. 2004-602-E, § 4; Ord. 2023-20-E, § 6)

Jacksonville Ordinance Code § 126.402 Definitions.

Sec. 126.402. - Definitions. As used in this Part: (a) City contracts means all contracts of the City for the purchase of supplies, contractual services, including professional design services, professional services and capital improvements. (b) Commission means the Human Rights Commission. (c) Executive Director means the Executive Director of the Human Rights Commission. (d) Nondiscrimination provisions means the contractual provisions set forth in Section 126.404. (e) Policy of nondiscrimination means a policy of nondiscrimination substantially conforming to the City's policy of nondiscrimination. (Ord. 2004-602-E, § 4; Ord. 2023-20-E, § 6)

Jacksonville Ordinance Code § 126.403 Investigation of bidders for City contract for compliance with nondiscrimination policy.

Sec. 126.403. - Investigation of bidders for City contract for compliance with nondiscrimination policy. If the Chief or the Mayor shall have reasonable cause to believe that a bidder may not have adopted and maintained a policy of nondiscrimination, the Chief or the Mayor shall request an appropriate investigation be undertaken consistent with the procedures of this Part, which investigation may, in the discretion of the Chief or the Mayor, require the postponement of a contract award, if any, pending the outcome of the investigation. (Ord. 2004-602-E, § 4)

Jacksonville Ordinance Code § 126.404 Nondiscrimination provisions in all City contracts.

Sec. 126.404. - Nondiscrimination provisions in all City contracts. All City contracts shall contain the following provisions: (a) The contractor represents that he has adopted and will maintain a policy of nondiscrimination as defined by ordinance throughout the term of this contract. (b) The contractor agrees that, on written request, he will permit reasonable access to his records of employment, employment advertisement, application forms and other pertinent data and records by the Executive Director for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this contract; provided, that the contractor shall not be required to produce for inspection records covering periods of time more than one year prior to the date of this contract. (c) The contractor agrees that, if any of the obligations of this contract are to be performed by a subcontractor, the provisions of subsections (a) and (b) of this Section shall be incorporated into and become a part of the subcontract. (Ord. 2004-602-E, § 4)

Jacksonville Ordinance Code § 126.405 Investigation and findings procedure of Commission.

Sec. 126.405. - Investigation and findings procedure of Commission. (a) When requested by the Chief or the Mayor, it shall be the duty of the Executive Director to undertake an appropriate investigation to determine compliance or noncompliance: (1) With the policy of nondiscrimination required by this Part with respect to a person seeking the award of a City contract. (2) With the nondiscrimination provisions of a City contract. (b) At the conclusion of the investigation, the Executive Director shall issue an order finding compliance or noncompliance, including the facts upon which his findings and conclusions are based, to the bidder or contractor affected and to the Mayor, the Chief and the Awards Committee. (c) An order finding compliance shall become final upon issuance by the Executive Director. An order finding noncompliance shall become final 20 days after issuance by the Executive Director, unless the order is appealed. (d) An order finding noncompliance may be appealed by the bidder or contractor affected within 20 days after issuance by the Executive Director by the filing of a notice of appeal with the Commission. The filing of the notice of appeal shall act as a stay of the order until final disposition by the Commission. (e) Upon the filing of a notice of appeal, the Commission shall afford the bidder or contractor affected an opportunity to be heard before the Commission and shall thereafter enter its order, by a vote of the majority of the entire membership of the Commission, upholding or reversing the order of the Executive Director. The order of the Commission shall become final upon issuance, unless appealed to a court of competent jurisdiction. (f) In the case of contracts which are funded in part or wholly by funds derived from the United States Government, the Executive Director and his staff shall not disclose employment records or other data obtained from employers and others in the course of investigations, except relevant information pertaining thereto or as reasonably required to be disclosed in connection with an appeal to the Commission. To the extent permitted by law, the members of the Commission, the Director and the Mayor shall also maintain the confidentiality of records and data which may be disclosed to them in the course of an investigation. (Ord. 2004-602-E, § 4)

Jacksonville Ordinance Code § 126.406 Effect of final order finding noncompliance.

Sec. 126.406. - Effect of final order finding noncompliance. (a) With respect to a person seeking the award of a City contract, a copy of a final order finding noncompliance with the policy of nondiscrimination required by this Part shall be furnished to the committee or the Mayor, whichever requested the investigation. No City contract shall be awarded to a person failing to comply with the policy of nondiscrimination required by this Part. (b) With respect to the nondiscrimination provisions of a City contract, a copy of a final order finding noncompliance with the provisions shall be furnished to the Mayor and the Chief. Every order shall afford the bidder or contractor affected an opportunity to demonstrate to the satisfaction of the authority issuing the order which becomes final, within the reasonable time as the issuing authority determines, that the breach of the nondiscrimination provisions has been corrected. At the expiration of the reasonable time, the issuing authority shall enter a further order determining whether or not the breach has been corrected, furnishing copies thereof to the affected person, the Mayor and the Chief. A person failing to correct the breach of the nondiscrimination provisions within the time period permitted shall be deemed an irresponsible bidder, and no City contract shall be awarded to this person. An irresponsible bidder under this subsection shall have the opportunity to submit to the Commission at any time a program adopting and maintaining a policy of nondiscrimination and, upon approval thereof by the Commission, the prohibitions of this subsection shall terminate. (Ord. 2004-602-E, § 4)

Jacksonville Ordinance Code § 126.407 Federal Uniform requirements.

Sec. 126.407. - Federal Uniform requirements. The City shall comply with federal and/or state procurement requirements, including 2 CFR Part 200-Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (2 CFR 200.318-200.326), which is incorporated herein by reference, as applicable. (Ord. 2023-20-E, § 6)

Jacksonville Ordinance Code § 126.408 Conflict with grant requirements.

Sec. 126.408. - Conflict with grant requirements. To the extent that a conflict exists between the provisions of this Chapter and the provisions of federal and/or state procurement requirements necessary to receive and expend grant funding pursuant to Chapter 117, Ordinance Code, the Chief, in his or her discretion in consultation with the Office of General Counsel, is authorized to waive any such conflicting Code provision in this Chapter and comply with the federal and/or state procurement requirement(s). If a Code provision is waived pursuant to this Section, upon final approval of the contract award, the Chief shall notify the City Council Auditor and the City Council Secretary of the same. (Ord. 2023-20-E, § 6)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH126PRCO_PT4NOPOFESTGRREFetched: 10/27/2026