(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTRACT. Any contract, purchase order, lease, or other agreement or understanding, written or otherwise, between the state, any of its political subdivisions or municipal corporations, or any agent thereof and any other person for the procurement of any thing or service of value (such as, for example, any real or personal property, equipment, merchandise, goods, materials, labor, or services) for or by the state, such political subdivision, or municipal corporation; CONTRACT further means any loan or grant by the state, any of its political subdivisions, or municipal corporations from which such a contract, purchase order, lease, or other agreement or understanding may be financed in whole or in part.
SUBCONTRACT. Any agreement, arrangement, or understanding, written or otherwise, between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee):
(a) For the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is utilized in the performance of any one or more contracts; or
(b) Under which any portion of the contractor’s obligation under any one or more contracts is performed, undertaken, or assumed.
(B) Clause in all contracts. Hereafter, all contracts and subcontracts, as defined herein, shall contain the following clause: “During the performance of this contract, the contractor agrees as follows” and proclaims that:
(1) It will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or ancestry and, further, that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization;
(2) If it hires additional employees in order to perform such contract or any portion hereof, it will determine the availability (in accordance with the Commission’s Rules and Regulations for Public Contracts) of minorities and women in the area(s) from which it may reasonably recruit, and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized;
(3) In all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin, or ancestry;
(4) It will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding a notice advising such labor organization or representative of the contractor’s obligations under the Illinois Equal Pay Act, being 820 ILCS 112/1 et seq. and the Commission’s Rules and Regulations for Public Contracts. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and rules and regulations, the contractor will promptly so notify the State Fair Employment Practices Commission, and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder;
(5) It will submit reports as required by the State Fair Employment Practices Commission’s Rules and Regulations for Public Contracts, furnish all relevant information as may from time to time be requested by the Commission or the contracting agency and in all respects comply with the State Fair Employment Practices Act and the Commission’s Rules and Regulations for Public Contracts;
(6) It will permit access to all relevant books, records, accounts, and work sites by personnel of the contracting agency and the State Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Equal Pay Act, being 820 ILCS 112/1 et seq. and the Commission’s Rules and Regulations for Public Contracts; and
(7) It will include, verbatim or by reference, the provisions of division (B)(1) through (B)(6) above in every performance subcontract, as defined in § 2.10(b) of the Commission’s Rules and Regulations for Public Contracts, so that such provisions will be binding upon every such subcontractor and that it will also so include the provisions of divisions (B)(1), (B)(5), (B)(6), and this (B)(7) in every supply subcontract, as defined in § 2.10(a) of the Commission’s Rules and Regulations for Public Contracts, so that such provisions will be binding upon every such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by all its subcontractors, and further, it will promptly notify the contracting agency and the State Fair Employment Practices Commission in the event any subcontractor fails or refuses to comply therewith. In addition, no contractor will utilize any subcontractor declared by the Commission to be non-responsible and therefore ineligible for contracts or subcontracts with the state or any of its political subdivisions or municipal corporations.
(Prior Code, Chapter 4, Article 11) (Ord. 17 (Series 1972-1973), passed - -) Penalty, see § 31.99