(a) All contracts which are funded exclusively by the City of Fostoria during any particular year shall contain an equal employment opportunity clause which shall read as follows:
(1) The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, sex or national origin. As used herein, the word "treated" includes but shall not be limited to recruitment by any means; compensation direct or fringe benefits, or any other type of compensation; selection for apprentice, promotion, demotion, transfer, lay off and termination. The contractor agrees and shall post in a conspicuous place notices of this policy of nondiscrimination.
(2) The contractor shall state in all solicitation or advertisements for employees placed by or on behalf of the contractor that all qualified applicants shall receive consideration for employment without regard to race, religion, color, sex or national origin.
(3) The contractor shall give notice of this equal opportunity to all labor unions or representatives of workers with which he has a collective bargaining agreement and with which he is doing business and shall cause the posting of a notice of equal opportunity in a conspicuous place.
(4) The contractor shall take such action with respect to any subcontractor as the City may direct as a means of enforcing the provisions of subsection (a)(1) through (12) hereof, including penalties and sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in or is threatened with litigation as a result of such direction by the City, the City shall enter into such litigation as is necessary to protect the interests of the City and to effectuate the City's equal employment opportunity program.
(5) The contractor shall cause his subcontractors, if any, to follow the same procedures followed by him as provided herein.
(6) The contractor shall furnish all information and reports showing compliance with this chapter and shall permit access to his books, records and accounts by the Safety-Service Director to show compliance with this program.
(7) The contractor shall include the provisions of subsection (a)(1) through (12) hereof in every subcontract or purchase order, so that such provisions shall be binding upon each subcontractor or vendor.
(8) Refusal by the contractor or subcontractor to comply with any portion of this program as herein stated and described shall subject the offending party to any or all of the following penalties:
A. Withholding of all future payments under the involved public contract to the contractor in violation until it is determined that the contractor or subcontractor is in compliance with the provisions of the contract;
B. Refusal of all future bids for any public contract with the City or any of its departments or divisions until such time as the contractor or subcontractor demonstrates that he has established and shall carry out the policies of the program as herein outlined;
C. Cancellation of the public contract and declaration of forfeiture of the performance bond;
D. In cases in which there is substantial or material violation or the threat of substantial or material violation of the compliance procedure or as may be provided for by contract, appropriate proceedings may be brought to enforce those provisions, including the enjoining, within applicable laws, of contractors, subcontractors or other organizations, individuals or groups who prevent directly, indirectly or seek to prevent directly or indirectly, compliance with the policy, as herein outlined.
(9) All notices to prospective bidders shall include the condition that bidders shall be required to comply with the City's contract compliance program regarding equal employment opportunity and each bidder shall file as part of the bid documents such contract employment reports as may be directed by the Safety-Service Director to show that the contractor is carrying out this program.
(10) Upon review of the bids, the Safety-Service Director shall determine whether or not the successful bidder has complied with this program.
(11) The reports required herein shall be submitted at the beginning and the end of each contract if the construction period is ninety days or less. If it is over ninety days, reports shall be submitted each ninety-day period until completion.
(12) The Safety-Service Director shall be responsible for the enforcement of these provisions.
(b) In lieu of the above requirements, the contractor may display his letter of compliance from the United States Department of Labor or other appropriate Federal agency showing that the contractor has complied with the requirements of equal employment opportunity programs and the rules and regulations governing that agency, provided that such compliance is substantially equal to or greater than the requirements of this program.
(Ord. 92-27. Passed 6-3-92.)