(A) Provisions established.
(1) All contracts and agreements hereafter entered into by or on behalf of the city for the procurement of anything for service or value, such as any real or personal property, equipment, merchandise, goods, materials, labor or service for or by the city, shall contain as a material term of all such agreements and contracts, the following provisions:
(2) Equal employment opportunity. In the event of the contractor's noncompliance with any provision of this Equal Employment Opportunity Clause, the Illinois Fair Employment Practices Act or the Fair Employment Practices Commission's Rules and Regulations for Public Contracts, the contractor may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or avoided in whole or in part, and such other sanctions or penalties may be imposed or remedies involved as provided by Statute or regulation. During the performance of this contract, the contractor agrees as follows:
(a) It will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or ancestry; and further that he will examine all job classifications to determine if minority persons or woman are under utilized and will take appropriate affirmative action to rectify any such under utilization.
(b) If it hires additional employees in order to perform this 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 areas 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 under utilized.
(c) In all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicant will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry.
(d) 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 Fair Employment Practices Act 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 Illinois Fair Employment Practices Commission and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder.
(e) It will submit reports as required by the Illinois 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 Illinois Fair Employment Practices Act and the Commission's Rules and Regulations for Public Contracts.
(f) It will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Commission's Rules and Regulations for Public Contracts.
(g) It will include verbatim or by reference the provisions of division (A)(2)(a) through (g) of this section in every performance subcontract as defined in section 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 division (A)(2)(a),(e)(f) and (g) of this section in every supply subcontract as defined in section 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 Illinois 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 nonresponsible and therefore ineligible for contracts or subcontracts with the state or any of its political subdivisions or municipal corporations.
(B) Purchase orders subject to provisions. All purchase orders, whether such purchases are made by a Commissioner or by contract entered into by the City Council, shall be subject to the provisions of this section and all such purchases and contracts shall either contain the provisions provided for in division (A)(1)(a) of this section or shall be subject to the said provisions by reference to this section.
('71 Code, § 1-35-1) (Ord. 1852, passed 12-23-74)