(a) No contractor shall discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, handicap, ancestry, or Vietnam-era or disabled veteran status. Contractors shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, national origin, age, handicap, ancestry or Vietnam-era or disabled veteran status. As used herein, "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, transferred, laid off and terminated. Contractors shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the hiring representatives of contractors setting forth the provisions of this nondiscrimination clause.
(b) The following goals which are not to be construed as quotas, shall be established to encourage affirmative action by all parties who participate in contracts with the Village and shall apply to all contractors and subcontractors, each of whom shall use its best efforts to attain such goals in accordance with the criteria herein specified.
(1) Prior to the time invitations for bids are advertised for construction contracts, the Director/Administrator shall have established, as part of the contract specifications, the percentage goals of minority and female employment for each trade involved in the performance of the contract, which percentage goal shall be determined with reference to such factors as the Administrator shall consider relevant, including but not limited to, the percentage of minority or female employment in such trade shown or reflected in the most recent statistics published by the United States Bureau of Census for the Cleveland Standard Metropolitan Statistical Area ("SMSA").
(2) As part of the specifications for all contracts other than construction contracts, the Administrator shall have established the percentage goals of minority and female employment for each occupation involved in the performance of the contract within the Cleveland SMSA, which percentage goals shall be determined with reference to such factors as the Administrator shall consider relevant, including but not limited to, the percentage of minority and female employment in such occupation shown or reflected in the most recent statistics published by the United States Bureau of Census for the Cleveland SMSA.
(3) Contractors shall strive to utilize MBEs and FBEs so as to enable contracting departments to meet the goals set forth in Subsection 115.05(a). The utilization of MBEs and FBEs as subcontractors or as suppliers to the contractor or to subcontractors will be considered in determining the lowest and best or lowest responsible bidder, as appropriate.
(Ord. 1990-65. Passed 1-16-91.)