Pontiac — Part I Ch. 24 Human Relations and Social Services § 24-85

(a) The city shall not contract with any contractor, purchase goods or services from any vendor, maintain any financial relations with any financial institution or use the services of any labor organization or member thereof which is found to be in violation of the provisions of section 24-83 by the human relations commission, except where the contractor, vendor or financial institution is the sole source of the particular product or service being sought by the city and the product or service is essential for the governmental operations of the city.
(b) The city shall not contract with any contractor or vendor, maintain any financial relations with any financial institution or use the services of any labor organization or member thereof which does not, upon written request by the city, submit a written commitment to provide equal employment opportunities. Such commitment would:
(1) Set out and agree to maintain specific employment or membership practices and policies sufficient to achieve equal opportunity.
(2) Set out goals for participation by minority, racial and ethnic groups and female persons qualified by or for training or through previous work experience. This subsection will not infringe upon the right of the employer to determine the need for qualification of employees.
(3) Agree to submit to the city upon request written evidence of the effectiveness of the practices, policies and goals required by this subsection (b).
(4) Agree to submit to the city upon request statistical data concerning employee composition with regard to race, color, gender and job description.
(5) Agree to distribute copies of the commitment required by this subsection (b) to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants or members.
(6) Agree to require any subcontractor to submit to the written commitment which contains the provisions required by subsections (b)(1) through (5) of this section.
(c) All contracts by and between the city and its contractors and vendors for the purchase by the city of goods or services shall contain the following clauses:
"The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, gender, religion, ancestry, national origin, age, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. The contractor/vendor will take affirmative action to comply with the provisions of the equal employment and business opportunities ordinance of the city and will require, upon written request by the city, a written commitment to comply with those provisions. The contractor/vendor will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, members, or prospective subcontractors."
"The contractor/vendor agrees that the provisions of article II of chapter 24 of the city Code are incorporated in and made part of this contract."
(d) Any contractor, vendor, financial institution or labor organization contracting with the city shall be required to submit to the city, upon written request by the city, compliance reports containing such information as to the practices, policies, programs and statistics of employee or membership composition with regard to race, color, gender, age and job description as may be prescribed by the city, and shall require any subcontractor to submit a compliance report upon written request by the city.
(e) If any contractor, vendor, financial institution or labor organization contracting with the city fails to comply with the equal employment and business provisions and the affirmative action provisions of this article, the city, at its option, may do any or all of the following:
(1) Cancel, terminate or suspend the contract in whole or in part.
(2) Declare the contractor, vendor, financial institution or labor organization ineligible for further contracts with the city for a calendar year.
(3) Recover from the contractor or vendor, by setoff against the unpaid portion of the contract price, or otherwise pursuant to the contract, the sum of $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 the provisions of the contract, as determined by the human relations commission in accordance with its rules and regulations, such 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 such amount is agreed to be the amount of damages which the city would sustain.
(4) Impose such other sanctions as may be recommended by the human relations commission pursuant to this article or other ordinances.