(1) It is the policy of the City not to enter into a contract or engage in business relationship with business entities that have discriminated in the solicitation, selection, hiring or commercial treatment of vendors, suppliers, subcontractors or commercial customers on the basis race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, military status, or on the basis of disability or other unlawful forms of discrimination.
(2) The contracting agencies of the City are directed to include the following equal opportunity provision in all contracts. The inclusion of this clause may be waived by the Office of Diversity and Inclusion Director or the Department of Law where state or federal law requires a substantially similar clause in the contract.
(A) Equal Opportunity Provision: "As a condition of entering into the Agreement, the company (or contractor) represents and warrants that it shall not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, military status, or on the basis of disability or other unlawful forms of discrimination in employment or the provision of services or in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors and suppliers or commercial customers, nor shall the company (or contractor) retaliate against any person for reporting instances of discrimination. The company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of it public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this provision shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination. The company understands and agrees that a material violation of this provision shall be considered a material breach of this agreement, and may result in termination of this agreement, disqualification of the company from participating in City contracts, or other sanctions. This provision is not enforceable by or for the benefit of, and creates no obligation to, any third party."
(B) 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.
(C) The contractor and each subcontractor will include a summary of the Equal Opportunity Clause in every subcontract. The contractor will take such action with respect to any subcontractor as is necessary as a means of enforcing the provisions of the Equal Opportunity Provision.
(3) A City contractor shall provide access to relevant and pertinent reports and documents by the Department of Diversity, Equity and Inclusion Director for the sole purpose of verifying compliance with this Section.
(4) Failure or refusal of a contractor or subcontractor to comply with the provisions of this Section may result in cancellation of the contract, disqualification from participating in City contracts, or other sanctions authorized under this Chapter or other applicable law.
(Ord. 238-23. Passed 5-30- 23.)