44-1030. State and local government contracts; mandatory provisions.
44-1030
44-1030. State and local government contracts; mandatory provisions.(a) Except as provided by subsection (c), every contract for or on behalf ofthe state or any county or municipality or other political subdivision of thestate, or any agency of or authority created by any of the foregoing, for theconstruction, alteration or repair of any public building or public work or forthe acquisition of materials, equipment, supplies or services shall containprovisions by which the contractor agrees that:
(1) The contractor shall observe the provisions of the Kansas actagainst discrimination and shall not discriminate against any person inthe performance of work under the present contract because of race,religion, color, sex, disability, national origin or ancestry;
(2) in all solicitations or advertisements for employees, thecontractor shall include the phrase, "equal opportunity employer," or asimilar phrase to be approved by the commission;
(3) if the contractor fails to comply with the manner in which thecontractor reports to the commission in accordance with the provisionsof K.S.A. 44-1031 and amendments thereto, the contractor shall be deemedto have breached the present contract and it may be canceled, terminated orsuspended, in whole or in part, by the contracting agency;
(4) if the contractor is found guilty of a violation of the Kansasact against discrimination under a decision or order of the commissionwhich has become final, the contractor shall be deemed to have breachedthe present contract and it may be canceled, terminated or suspended,in whole or in part, by the contracting agency; and
(5) the contractor shall include the provisions of subsections (a)(1)through (4) in every subcontract or purchase order so that such provisions willbe binding upon such subcontractor or vendor.
(b) The Kansas human rights commission shall not bepreventedhereby from requiring reports of contractors found to be not incompliance with the Kansas act against discrimination.
(c) The provisions of this section shall not apply to a contractentered into by a contractor:
(1) Who employs fewer than four employees during the term of such contract;or
(2) whose contracts with the governmental entity letting such contractcumulatively total $5,000 or less during the fiscal year of such governmentalentity.
History: L. 1972, ch. 194, § 14; L. 1977, ch. 183, § 1;L. 1991, ch. 147, § 17;L. 1992, ch. 91, § 3; April 23.