ITEM R1

OFFICE OF THE CITY MANAGER

(910) 341-7810 | FAX (910)341-5839
TDD (910)341-7873

8/17/2021

City Council
City Hall
Wilmington, North Carolina 28401

Dear Mayor and Councilmembers:

Attached for your consideration, please find a resolution affirming the City's policy of
anti-discrimination in the awarding of City contracts. The City already has "Policy 213 - Harassment
& Discrimination," which addresses anti-discrimination in the workplace, either by or against City
employees. This policy specifically covers discrimination on the basis of race, color, religion, sex
(including sexual orientation, gender identity, and pregnancy), national origin, age (40 or older),
disability, or genetic disorder.

In addition, the City also currently has "Policy 109 - Local, Small, and Minority Business Purchasing
Program" and other internal policies in the City's procurement manual which promote and support, to
the extent possible, the use of local, small, women, and minority businesses in the awarding of City
contracts. However, although implied, Policy 109 does not specifically mention anti-discrimination in
the award of City contracts, or list the prohibited bases for any such discrimination.

The purpose of this resolution is to reaffirm the City's policy of anti-discrimination in all aspects of City
business, and to clarify that, specifically in the awarding of City contracts, the City does not
discriminate on the basis of race, color, religion, sex (including sexual orientation, gender identity, and
pregnancy), national origin, age (40 or older), disability, or genetic disorder, or enter into contracts with
any business which knowingly discriminates on any such basis.

Passage of this resolution supports the City's focus areas of Creating a Safe Place and Fostering a
Prosperous and Thriving Economy.

Passage of the attached Resolution is recommended.

Respectfully submitted,

Anthony N. Caudle,
Interim City Manager
Resolution City Council
City of Wilmington
North Carolina

Introduced By: Anthony N. Caudle, Interim City Manager Date: 8/17/2021

Resolution Affirming City Policy of Anti-Discrimination in the Awarding of City Contracts

LEGISLATIVE INTENT/PURPOSE:

WHEREAS, the City of Wilmington is opposed to harassment or discrimination on the basis of

race, color, religion, sex (including sexual orientation, gender identity, and pregnancy), national
origin, age (40 or older), disability, or genetic disorder, and has effectuated anti-discrimination
policies in order to achieve a better work environment within the City; and

WHEREAS, City Policy 213, “Harassment & Discrimination,” prohibits all forms of
harassment and discrimination in City employment, specifically including any harassment or
discrimination by or against any employees of the City; and

WHEREAS, City Policy 109, “Local, Small, and Minority Business Purchasing Program,” and
additional policies and procedures contained in the City’s procurement manual all further affirm
the City’s desire to ensure, to the degree possible, that all businesses are afforded an equal
opportunity to participate in providing goods and services to the City; and

WHEREAS, it is also the policy and intent of the City not to enter into a contract with a
business which the City is aware has knowingly discriminated in the solicitation, selection,
hiring, or treatment of vendors, suppliers, subcontractors, or commercial customers on the basis
of race, color, religion, sex (including sexual orientation, gender identity, and pregnancy),
national origin, age (40 or older), disability, or genetic disorder; and

WHEREAS, the City desires to reaffirm that, consistent with the City’s anti-discrimination
stance and current policies and procedures used during the procurement process, the City will
also not discriminate on the basis of race, color, religion, sex (including sexual orientation,
gender identity, and pregnancy), national origin, age (40 or older), disability, or genetic disorder,
in the awarding of any contracts by the City.

THEREFORE, BE IT RESOLVED:

THAT, the City Manager is directed to continue to establish, enforce, update, and amend such
policies as will ensure that there is no discrimination in any form mentioned above in the
awarding of any City contracts; and

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THAT, the City Manager and the City Attorney are directed not to award any contract to or
associate the City with any employer who has engaged in unlawful discrimination and has not
taken appropriate steps to remedy said discrimination; and

THAT, the City’s procurement manual and Policy 109 be updated to reflect this directive.

Adopted at a ________________ meeting

on ____________________ 2021
Bill Saffo, Mayor

ATTEST: APPROVED AS TO FORM:

Penelope Spicer-Sidbury, City Clerk City Attorney

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