(a) Contracting Departments shall include the notice(s) set forth in Section 187.21 and the requirements set forth in division (c) of Section 187.08 in all specifications for contracts. The Director shall consider satisfaction of the duties and agreements set forth in the notice(s) in determining whether a Contractor is in compliance with this Code.
(b) Each Contract also shall contain the following equal opportunity clause:
“During the performance of this contract, the contractor agrees as follows:
(1) The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. The contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group, or Vietnam-era or disabled veteran status. As used in this chapter, “treated” means and includes without limitation the following: recruited, whether by advertising or other means; compensated, whether in the form of rates of pay or other forms of compensation; selected for training, including apprenticeship, promoted, upgraded, demoted, downgraded, transferred, laid off and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the hiring representatives of the contractor setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that the contractor is an equal opportunity employer.
(3) The contractor shall send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract, or understanding, a notice advising the labor union or worker’s representative of the contractor’s commitments under the equal opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) It is the policy of the City that local businesses, minority-owned businesses and female- owned businesses shall have every practicable opportunity to participate in the performance of contracts awarded by the City subject to the applicable provisions of the Cleveland Area Business Code.
(5) The contractor shall permit access by the Director or his or her designated representative to any relevant and pertinent reports and documents to verify compliance with the Cleveland Area Business Code, and with the Regulations. All such materials provided to the Director or designee by the contractor shall be considered confidential.
(6) The contractor will not obstruct or hinder the Director or designee in the fulfillment of the duties and responsibilities imposed by the Cleveland Area Business Code.
(7) The contractor agrees that each subcontract will include this Equal Opportunity Clause, and the contractor will notify each subcontractor, material supplier and supplier that the subcontractor must agree to comply with and be subject to all applicable provisions of the Cleveland Area Business Code. The contractor shall take any appropriate action with respect to any subcontractor as a means of enforcing the provisions of the Code.”
(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)