§ 11A-43. Unlawful practices.

It shall be an unlawful practice to:

(1)

Retaliate or discriminate in any manner against a person because he or she has opposed a practice declared unlawful by this article, or because he or she has supported a person, persons or business entities protected by this article or because he or she has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference conducted under the authority of this article; or

(2)

Aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article or obstruct or prevent any person from complying with the provisions of this article.

(3)

It shall be an unlawful and discriminatory practice for any person or business (including a financial institution) involved in public or private contracting, procurement, bonding or financial services activities, or any other person or business, because of race, color, religion, gender, pregnancy, age, national origin, age, disability, or handicap:

(a)

To refuse to contract with a bona fide prime contractor or subcontractor on a construction contract; or

(b)

To discriminate against a person of: business in the terms, conditions, or privileges or participation in contracting, procurement, bonding or financial services activities; or

(c)

To cause to be made any untrue or intentionally-misleading statements or advertisements regarding availability of contracting, procurement, bonding or financial services activities; or

(d)

To aid, abet, incite, compel, or coerce any person to engage in any of the practices prohibited by the provisions of this ordinance, or to obstruct or prevent any person from complying with the provisions of this section or any agreement entered into thereunder.

(e)

To engage in disparate treatment of any person or business in a manner which is prohibited by this article.

(f)

To engage in actions, or to cause others to engage in actions, which result in, or cause, a disparate impact on persons or businesses in a manner which is prohibited by this article.

(g)

Sexual harassment of any sort is also considered an unlawful contracting, procurement, bonding or financial services practice under this subchapter.

(4)

It shall be an unlawful practice to engage in any of the following acts because of an individual's race, color, religion, ancestry, national origin, age, gender, pregnancy, age or disability:

(a)

To refuse, withhold or deny to a person any services, access, advantages, goods, facilities or privileges associated with contracting, procurement, bonding or financial services activities including the extension of credit; or

(b)

To withhold, deny or make misleading statements in regards to payments on a contract after receipt of approved billing has been made to the contractor on those amounts not in dispute; or

(c)

To refuse to provide bonding or financing or to charge amounts ford such bonding or financing which is at a higher rate of cost than charge to other similarly-situated persons or businesses; or

(d)

To fail or refuse to provide or to otherwise discriminate against any person or business in the providing of necessary information required to properly evaluate or consider any proposed contract or bid on a contracting, procurement, bonding or financing opportunity. This shall include, but is not limited to, sharing of information unevenly, or not giving the same information to all parties requesting such information. Contractors bidding on county contracts shall be required to keep logs of phone calls to, and from, subcontractors, noting time and date of call, persons contacted, and subject of the call. For phone calls relating to bids, the information required on the log shall include name of person and/or firm, description of work that is being bid (including the description and/or contract number of the prime contract) and the dollar amount of the bid. Such logs shall be made available to Miami-Dade County personnel and may serve as evidence as to whether discriminatory activities have occurred in the providing of information; or

(e)

To refuse to provide price quotations for materials or supplies, or to provide price quotations for such materials or supplies at higher costs than those quoted to other similarly situated persons or businesses. Suppliers shall be required to maintain logs of phone calls related to requests for price quotations from bidders for County contracts; such logs shall contain information on the time and date of the call, persons calling and contacted, and subject of the call. For phone calls relating to price quotations, the information required on the log shall include name of person and/or firm, description of material that is being quoted (including the description and/or contract number of the prime contract) and the dollar amount of the bid and the prices quoted. Such logs shall be made available to County personnel and may serve as evidence as to whether discriminatory activities have occurred relating to the providing of price quotations; or

(f)

To cause to be made, aid, abet or engage in any acts that applies unequal evaluation of performance on a contracting or procurement contract; or

(g)

To refuse to provide financial services or to charge amounts for such financial services which is at a higher rate of cost or interest than charged to other similarly situated persons or businesses.

(5)

Exceptions. Contracting, procurement, bonding or financial services activities.

(a)

The provisions of this article may not apply to contractual agreements that have specific requirements such as labor agreements or need for specific qualifications and/or licenses.

(b)

The provisions of this article shall not limit the applicability of any federal law, state law or county ordinance or other law regarding contracting, procurement, bonding or financial services activities.

(6)

Exemption of Business Enterprise Programs. Nothing contained in this ordinance shall prohibit Miami-Dade County from adopting, implementing or enforcing any program to encourage the involvement of small, minority and women-owned businesses in Miami-Dade County contracting, procurement, bonding and financial services activities to the extent that such programs are otherwise permissible under applicable State and Federal law.

(Ord. No. 97-67, § 1, 6-3-97)