All public contracts hereinafter entered into by the Village shall incorporate an Equal Employment Opportunity Clause, which shall read as follows:
(a) The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, sex or national origin.
As used herein the word "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 to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause.
(b) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin.
(c) The contractor shall post and distribute to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice of the contractor’s commitment to the equal employment opportunity.
(d) The contractor shall furnish all information and reports required by the Mayor and Village Council pursuant to Sections 153.01
to 153.07
inclusive, and shall permit access to books, records and accounts kept by the contracting agency as may be requested by the Mayor or Village Council for purposes of investigation to ascertain compliance with the Equal Employment Opportunity Clause.
(e) The contractor shall take such action with respect to any subcontractor as the Village may direct as a means of enforcing the provisions of subsections (a) through (h) hereof, including penalties and sanctions for noncompliance. However, in the event the contractor becomes involved in or is threatened with litigation as the result of such direction by the Village, the Village may enter into such litigation as is necessary to protect the interests of the Village and to effectuate the Village's Equal Employment Opportunity Program and in the case of contracts receiving Federal assistance, the contractor or the Village may request the United States to enter into such litigation to protect the interest of the United States.
(f) The contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the Village if requested by the Mayor and/or the Village Council in the form and to the extent consistent with State and Federal law. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors.
(g) The contractor shall include the provisions of subsections (a) through (h) hereof, of this Equal Employment Opportunity Clause in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor.
(h) Refusal by the contractor or subcontractor to comply with any portion of this program as herein stated and described will subject the offending party to any or all of the following penalties:
(1) Withholding of all future payments under the involved publically bid construction contract to the contractor in violation until it is determined that the contractor or subcontractor is in compliance with the provisions of the contract.
(2) Refusal of all future bids for any publically bid construction contract with the Village or any of its departments or divisions until such time as the contractor or subcontractor demonstrates that he has established and shall carry out the policies of the program as herein outlined;
(3) Cancellation of the publically bid construction contract and declaration of forfeiture of the performance bond.
(Ord. 2006-49. Passed 11-15-06.)