(a) All departments of the Village are hereby are directed to include the terms of the notice set forth in Section 115.12 in all specifications for contracts. The satisfaction of the duties and agreements set forth in that clause shall be considered by the Director in determining whether a contractor is in compliance with the Business Enterprise Code.
(b) Each contract all shall contain the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor shall not discriminate against any employee or applicant for employment because of race, religion, ancestry, or Vietnam-era or disabled veteran status. The contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, national origin, age, handicap, ancestry, or Vietnam-era or disabled veteran status. As used herein, "treated" means and includes without limitation the following: recruited, whether by advertising or other means; compensated, whether in the form of rates of pay or other forms of compensation; selected for training, including apprenticeship, promoted, upgraded, demoted, downgraded, transferred, laid off and terminated. The contractor agrees so and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the hiring representatives of the contractor setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that the contractor is an equal opportunity employer.
(3) The contractor 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 advising the labor union or worker's representative of the contractor's commitments under the equal opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) It is the policy of the Village that business concerns owned and operated by minority persons and/or woman shall have every practicable opportunity to participate in the performance of contracts awarded by the Village.
(5) The contractor shall permit access by the Director of his designated representative to any relevant and pertinent reports and documents to verify compliance with the Business Enterprise Code, and with the regulations of the Office of Equal Opportunity. All such materials provided to the Director or his designated representative by the contractor shall be considered confidential.
(6) The contractor will not obstruct or hinder the Director of his designated representative in the fulfillment of the duties and responsibilities imposed by the Business Enterprise Code.
(7) The contractor agrees that each subcontract will include the Equal Opportunity Clause, and the contractor will notify each subcontractor, materialman, and supplier that the subcontractor must agree to comply with and be subject to all applicable provisions of the Business Enterprise Code. The contractor shall take any appropriate action with respect to any subcontractor as a means of enforcing the provisions of the Code.
(8) The contractor agrees to refrain from subcontracting any part of this contract or modification hereto to a contractor not holding a valid employment certificate or statement of deemed compliance as provided for in Section 115.07 of the Business Enterprise Code.
(Ord. 1990-65. Passed 1-16-91.)