[Adopted 4-7-1980; amended 3-1-1993]
Every contract made by or on behalf of the City
of Middletown for the construction, lease, alteration or repair of
any public building or public work, or for the purchase, manufacture,
sale or distribution of materials, equipment or supplies, shall contain
provisions providing for equal opportunity in employment.
[Amended 5-2-2016 by Ord.
No. 06-16]
The Director of Equal Opportunity and Diversity
Management, who is the City's Affirmative Action Officer, shall have
the authority to enforce this article.
[Amended 2-3-2003]
A.
Every contract for the construction, alteration or
repair of any public building or public work shall contain the following
provisions approved by the Director of Equal Opportunity and Diversity
Management:
[Amended 6-3-2013 by Ord. No. 13-13; 5-2-2016 by Ord. No. 06-16]
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The contractor agrees and warrants that in the
performance of this contract he will not discriminate or permit discrimination
against any person or group of persons on the grounds of race, color,
religious creed, age, marital status, national origin, ancestry, sex
(including pregnancy), transgender status, gender identity or expression,
intellectual disability or physical disability, including, but not
limited to, blindness, unless it is shown by such contractor that
such disability prevents performance of the work involved, political
belief, Vietnam Era Veteran status, union membership, genetic history,
criminal record (unless the provisions of § 46a-60, 46a-80(b)
or 46a-81 of the Connecticut General Statutes are controlling or there
is a bona fide occupational qualification excluding persons in one
of the protected groups), present or past history of mental or physical
disability, or sexual orientation in any manner prohibited by the
laws of the United States or of the State of Connecticut or the City
of Middletown. The contractor also agrees to provide the Affirmative
Action Officer of the City of Middletown with such information that
may be requested concerning the employment practices and procedures
of the contractor as related to the provisions of this section.
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B.
The aforesaid provision shall include, but not be
limited to, the following: advertising, recruitment, layoff, termination,
rates of pay or other forms of compensation, and conditions or privileges
of employment selection for apprenticeship, selection or retention
of subcontractors, or in the procurement of materials, equipment or
services.
The contractor shall hereinafter post on the
project site, in conspicuous places available for employees and applicants
for employment, notices setting forth its nondiscrimination requirements.
In all pre-contractual contracts between the
contractor and any subcontractor or supplier either for work to be
performed under a subcontract or for the procurement of materials,
equipment or services, each subcontractor or supplier shall be notified
in writing by the contractor of the contractor's obligations under
this contract relative to nondiscrimination, and each subcontractor
or supplier, by his contracting agent, shall agree to and be bound
by the terms of this contract.
Nothing contained herein is intended to relieve
any contractor from compliance with all applicable federal, state
and municipal legislation or provisions concerning equal employment
opportunity, affirmative action, nondiscrimination and related subjects
during the term of its contract on this project.
