5.02.040: AFFIRMATIVE ACTION; CITY CONTRACTS:
   A.   The city shall not contract with any contractor or vendor, maintain any financial relation with any financial institution, or use the service of any labor organization or member thereof, which employs five (5) or more persons which does not first submit to the city a written commitment to provide equal employment opportunity. However when a contractor, vendor, financial institution, labor organization or member thereof is the sole source of the particular work product or service desired and such is essential for the efficient governmental operations of the city, such written commitment shall not be required. The written commitment required by this section shall:
      1.   Set out and agree to maintain specific employment or membership practices and policies sufficient to achieve equal opportunity;
      2.   Set out specific goals for participation by minority groups and female persons qualified by or for training or through previous work experience. This provision will not infringe upon the right of the employer to determine the need for or qualifications of employees;
      3.   Agree to submit to the city upon request written evidence of the effectiveness of the above required practices, policies and goals;
      4.   Agree to submit to the city upon request statistical data concerning employee composition or membership composition on race, color, sex and job description;
      5.   Agree to distribute copies of the above commitment 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 city a written commitment which contains the provisions required by subsections A1 through A5 of this section.
      7.   The written commitment required by this section may also be satisfied by filing a copy of an affirmative action program of the contractor/vendor which is in effect and which has been approved by any local, state or federal agency with jurisdiction to approve such programs.
   B.   All such contracts by and between the city and contractors and vendors for the purchase of the city of goods and/or services shall contain the following clauses:
      The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question.
      The contractor/vendor will take affirmative action to comply with the provisions of this ordinance and will require any subcontractor to submit to the City of Elgin 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 subcontractors.
   C.    Any contractor, vendor, financial institution or labor organization contracting with the city will 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 on race, color, sex, age and job description, as may be prescribed by the city and will require any subcontractor to submit a compliance report upon written request by the city. The required compliance report shall be substantially in the form which is on file in the purchasing office.
   D.   Before a contract is let to a contractor or financial institution by the city, or before purchases are made from a vendor, the purchasing agent or city clerk must have on file a written statement from the contractor, vendor, or financial institution that it has a present or proposed program which is approved as an acceptable equal employment opportunity or affirmative action plan for the utilization of minorities in their work force. Neither this section, nor any other section of this title, shall be construed to prevent the city manager or department heads from authorizing or doing business with contractors or vendors for emergency services or supplies.
   E.   In the event that any contractor, vendor, financial institution or labor organization contracting with the city fails to comply with the fair employment and affirmative action provisions of this section, the city, in its discretion, may:
      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 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 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 city council after recommendation by the city manager, the said 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 said 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 city manager or his designee pursuant to this section or other ordinances. (Ord. G71-19 § 2, 2019)