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Affirmative Action and
Equal Employment
Opportunity Declaration
Community Relations, City of Olathe
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City of Olathe, Kansas
Affirmative Action Program for Public Contracts
The City of Olathe encourages and values diversity in contracting opportunities. Our City, strives to attract and
retain business relationships with a diverse vendor base who can meet the evolutionary needs of our
community.
The City of Olathe defines an “Affirmative Action Program” as a means to ensure that a good faith, diligent
effort will be made to procure with subcontractors who employ applicants and to treat employees fairly without
regard to their age, color, creed, disability, gender, military service, national origin, or race, during their tenure.
The Affirmative Action Program shall require a showing of demonstrable evidence of progress toward the goal
of said program. The words “applicants” and ”employees” as used in Section 2.44.020 Definitions include
subcontractors as well as individuals.
Pursuant to Section 2.44.110 Affirmative Action Program for Public Contracts, a Class I Contract Awardee shall
not discriminate against any person in the performance of work under the contract because of age, color, creed,
disability, gender, military service, national origin, or race, except by reason of demonstrably valid occupational
disqualifications.
Furthermore, the City of Olathe requires the annual submission of an [updated] Affirmative Action Plan for all
public contracts.
1. Class I Contracts
a. Submission of Program. Prior to entering any contract, as defined in Section 2.44.020,
with the City, all persons seeking such contract shall submit in writing to the Director of
Human Relations an affirmative action program as defined in Section 2.44.020. Such
affirmative action program shall be submitted concurrently with or prior to any contract
bid or proposal. Said affirmative action program shall be submitted in the form of
answers to a specific written questionnaire; provided that if any person
fails or refuses to submit an affirmative action program as required by this section, such
person shall be ineligible to enter into any Class I contract or to receive any said contract
from the city until he has so complied.
b. Review by Director of Community Relations:
i. Affirmative Action Programs. The director shall receive and review affirmative action
programs submitted to him or her and shall specify in writing any modification of the
program needed to make it conform to the requirements of this section; provided that,
prior to rejection of any program, the director shall advise and consult with the person
submitting such program for the purpose of assisting him or her to develop an
acceptable affirmative action program. In any event, the director shall notify the city
manager in writing of his or her determination within five working days of the director's
receipt of the program.
ii. Option Annual Submission. Any person who so desires may file annually an affirmative
action program which shall apply to all bids or proposals which such person makes during
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the calendar year next succeeding the day of such filing. Such annual submission shall
be subject to review by the director of Community Relations and shall be amended at
such time and in such manner as the director of Community Relations may require.
c. Acceptance of Program. The final determination of acceptance or rejection of the affirmative
action program shall be made by the Governing Body.
d. Class I Contract Conditions
i. Any person who has been awarded a Class I contract shall not discriminate against any
person in the performance of work under the contract because of race, sex, religion,
physical handicap, color, national origin, or ancestry, except by reason of demonstrably
valid occupational disqualification.
ii. In all solicitations or advertisements for employees, the contractor shall include the
phrase, "Equal Opportunity Employer," or a similar phrase to be approved by the
Director of Community Relations.
iii. If the contractor fails to comply with the provisions of this chapter, the contractor shall
be deemed to have breached the contract and it may be rescinded, terminated, or
suspended in whole, or in part, by the Governing Body.
iv. The contractor shall include the provisions of this section in every subcontract so that
such provisions will be binding upon such subcontractor.
2. Class II Contracts. Prior to entering any contract, as defined in Section 2.44.020, with the city, all persons
seeking such contract shall execute and agree to comply with the terms and conditions in every
purchase order, which shall require compliance with Executive Order 11375, Section 202, pertaining to
equal employment opportunity requirements; provided that, if any person fails or refuses to execute
the purchase order containing the terms and conditions as required by this section, such person shall be
ineligible to enter any Class II contract or to receive any said contract from the city until he has so
compiled (Ord. 941 § 6, 1979.)
2.44.120 Penalties. Any person, as defined in Section 2.44.020, who or which shall be found in violation of this
chapter or any order of the Human Relations Commission or a hearing examiner by a competent court of law,
shall be adjudged guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more
than six months, or by a fine or not more than Five Hundred Dollars ($500.00), or by both such fine and
imprisonment. (Ord. 941 § 7, 1979).
2.44.130 Construction. The provisions of this Chapter shall be construed liberally for the accomplishment of
purposes thereof. Nothing contained in this Chapter shall be deemed to repeal any of the provisions of any
other law of this City relating to discrimination because of race, religion, color, sex, disability, familial status,
national origin or ancestry unless the same is specifically repealed by this Chapter. Nothing in this Chapter shall
be construed to mean that an employer shall be forced to hire unqualified or incompetent personnel or
discharge qualified or competent personnel. (Ord. 92-37 § 18, 1992; Ord. 507 § 13, 1976).
City of Olathe, Kansas
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Affirmative Action and EEO Declaration
The attached information is to be submitted with your bid as a Contracting Company, Firm or Agency in
accordance with the requirements of the Municipal Code of Affirmative Action/Equal Employment Opportunity
and Contract Compliance for the City of Olathe, Kansas. All questions must be answered and the data given
must be clear and comprehensive.
Misrepresentation of facts will disqualify the bidder. The City’s Community Relations department may conduct
periodic on-site reviews.
The Affirmative Action and Equal Employment Opportunity Declaration should accompany your Questionnaire
of Personnel Practices. Please sign and returned with your Questionnaire.
Please return this Affirmative Action and EEO Declaration and all necessary attachments to:
Olathe Community Relations Office
100 E. Santa Fe, P.O. Box 768 Olathe,
KS 66061
Please contact the Office of Community Relations at (913) 971-8827 with questions.
City of Olathe, Kansas
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Affirmative Action and EEO Declaration
This is to certify that ___________________________will adhere to a program of Affirmation in Equal
Opportunity Employment satisfactory to the Local, State, and Federal Laws and Mandates; and that this
Company will adhere to Affirmative Action/Equal Opportunity in all its employment procedures including
advertising, recruiting, hiring, training, promotions and upgrading.
This Company also agrees to undergo periodic desk audits and on-site reviews to determine the effectiveness of
this Declaration.
Dated this ________ day of _______________________, 20_______.
Name of Contracting Company, Firm or Agency: _____________________________________________
Address:_______________________ Suite: _____ City:_________________ State:______ Zip:___________
By (Authorized Signature):
___________________________________
Signature
___________________________________
Title
Updated 2 November 2015
__________________________________
Print Name