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The grantee shall be an equal opportunity/affirmative action employer, adhering to all federal, state or municipal laws and regulations related thereto. Unless otherwise required by current or future rules and regulations upon cable communication system operators all copies of which shall be provided the city upon request, the grantee shall comply with the following requirements:
(A) The grantee shall establish and maintain equal opportunity in employment, and no person shall be discriminated against in employment by the grantee because of race, religion, color, sex, national origin, age, physical disability or marital status.
(B) The grantee’s affirmative action plan shall provide that the grantee shall utilize best efforts to achieve a representative work force so that, within three years from the effective date of the granted franchise and throughout the franchise term, the percentage of each minority/sex group within each level of employment reasonably approximates or is equal to percentage levels reflective of those of the municipality’s population. Each level of employment, as used in the preceding sentence, includes the following specific job categories as defined by the Cable Communications Policy Act of 1984:
Officials and managers;
Professionals;
Technicians;
Salespersons;
Office and clerical personnel
Skilled crafts persons;
Semiskilled operatives;
Unskilled laborers; and
Service workers.
(C) Implementation, administration and review of all EEO and affirmative action policies and programs shall be the direct responsibility of the chief executive officer of the cable communications system. All officers, executives, managers, and administrative and supervisory personnel of the grantee shall be directed to participate in the grantee’s affirmative action efforts.
(D) Any significant subcontractor of the grantee or a parent, subsidiary or affiliate of the grantee which does not already have an affirmative action plan which would cover its activities in the city shall submit to the city a plan for its operations on behalf of the grantee, consistent with the spirit of this section.
(E) The grantee shall prepare and maintain records of promotions, demotions, terminations and transfers.
(F) The grantee agrees that if the city establishes an affirmative action goal for the handicapped, the grantee shall make reasonable and good faith efforts to achieve an appropriate goal.
(G) The grantee shall make a good faith effort to construct its Eden office so that it is accessible to the disabled.
(H) The grantee shall make a good faith effort to utilize minority/women business enterprises in construction and purchase contracts and shall prepare an annual report to the city on these efforts.
(Ord. passed 2-16-93)
(A) Local office. The grantee shall maintain within the city a local office and telephone number for the conduct of business related to the franchise during normal business hours. The grantee shall be required to advise the city of such address and telephone numbers and any charges thereof.
(B) Failure of city to enforce franchise, no waiver of the terms thereof. The grantee shall not be excused from complying with any of the terms and conditions of this chapter or the granted franchise by any failure of the city upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.
(Ord. passed 2-16-93)
The city shall have the right, at its expense, to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this chapter, the franchise agreement, and other pertinent provisions of the law.
(Ord. passed 2-16-93)
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