547.21 EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS REQUIRED.

   All contracts entered into by the City, involving the expenditure of the amount of funds requiring advertising and competive bidding under the City Charter shall incorporate equal opportunity clauses, which shall read as follows:

   (a)   The contractor or vendor shall not discriminate against any employee or applicant for employment because of race, color, religion, sexual orientation, gender identity, ancestry, national origin or place of birth. The contractor or vendor shall take affirmative action in accordance with the terms outlined in its proposal and the provisions of this contract to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sexual orientation, gender identity, ancestry, national origin or place of birth. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor or vendor agrees to post in conspicuous places, available to employees and applicants, notices to be provided by the City setting forth the provisions of the nondiscrimination clauses.

   (b)   The contractor or vendor shall in all solicitations or advertisements for employees placed by or on behalf of the contractor or vendor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sexual orientation, gender identity, ancestry, national origin or place of birth. (Ord. 16-447. Passed 12-21-16.)

   (c)   The contractor or vendor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the labor union or workers' representative of the contractor's or vendor's commitments and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

   (d)   The contractor or vendor shall comply with all rules, regulations and relevant orders promulgated by the Human Relations Commission pursuant to its duties created by ordinance.

   (e)   The contractor or vendor shall file, and shall cause each of his subcontractors and material suppliers to file, compliance reports with the Human Relations Commission as may be directed. Compliance reports shall be filed within such times and shall contain such information as to the practices, policies, programs and employment policies, programs and employment statistics of the contractor vendor, material supplier or subcontractor and shall be in such form as the Commission may prescribe.

   (f)   The contractor or vendor shall furnish all information and reports required by this contract and by the rules, regulations and orders of the Human Relations Commission pursuant hereto, and shall permit reasonable access to his books, records and accounts by the Commission or its representative as necessary for purposes of investigation to ascertain compliance with this contract and rules, regulations and orders.

   (g)   In the event of the contractor's or vendor's failure to comply with the equal employment opportunity and affirmative action provisions of the contract including the affirmative action undertaking outlined in its proposal or with any of the rules, regulations or orders herein referred to, it is agreed that the City, at its option, may do any or all of the following:

      (1)   Cancel, terminate or suspend this contract, in whole or in part, except if this contract constitutes a lease of real estate for a period exceeding three years. Nothing herein contained shall prevent the City from enforcing the terms and conditions of any such lease by injunction or other appropriate relief.

      (2)   Declare the contractor or vendor ineligible for further City contracts.

      (3)   Recover from the contractor or vendor by set-off against the unpaid portion of the contract price or otherwise pursuant to this contract, the sum of fifty dollars ($50.00) per day, as liquidated damages and not as a penalty, for each day that the contractor or vendor shall fail to comply with these provisions of the contract, as determined by the Human Relations Commission in accordance with its rules and regulations the sum being fixed and agreed upon by and between the contractor and the City because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the City would sustain in the event of such a breach of contract and that amount is agreed to be the amount of damages which the City would sustain.

      (4)   Impose such other sanctions as may be imposed by the Human Relations Commission pursuant to ordinances passed by Council, or seek such other remedies as may be provided by law.

   (h)   The contractor or vendor shall include the provision of this contract in every subcontract, so that such provisions shall be binding upon each subcontractor. The contractor or vendor shall take such action with respect to any subcontractors as the Human Relations Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event the contractor or vendor becomes involved in or is threatened with litigation with a subcontractor as a result of such direction by the Commission, the contractor or vendor may request the City to enter into such litigation to protect the interests of the City.

      (Ord. 86-142. Passed 5-28-86.)