Chapter 7

GENERAL TOWN GOVERNMENT

ARTICLE 1 - CONTRACTS

SECTION:

7.1.1             Equal Employment Opportunity

7.1.2             Enactment, Publication of Proceedings

7.1.3             Provisions Included in Contracts

7.1.4             Contract Defined

7.1.5             Subcontract Defined

7.1.1            EQUAL EMPLOYMENT OPPORTUNITY: As to all public contracts entered into between the Town of Chatsworth, a municipal corporation, and a contract, the following provisions, which are herein referred to as “Equal Employment Opportunity Clause”, shall be Incorporated:

“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 voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by Statute or regulations.

“During the performance of this contract, the contractor agrees as follows:

1. That 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. That, 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 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. That, in all solicitations or advertisements for employee 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. That 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 contract in its efforts to comply with such Act and Rules and Regulations, the contract 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.

5. That 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.

6. That 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.

7. That it will include verbatim or by reference the provisions of paragraphs A. through G. of this clause 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 paragraphs A., E., F. and G. 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 of Illinois or any of its political subdivisions or municipal corporations.”

7.1.2            ENACTMENT, PUBLICATION OF PROCEEDINGS: Should any public contract entered into between the Town of Chatsworth and a contractor fail to have such provisions specifically incorporated into such contract either by having them set forth in full or having them incorporated by reference, such provisions shall nevertheless be deemed to be included within said contract by this Article. Any person contracting with the Town shall be deemed to have notice of this Article and of its contents by virtue of the enactment and publication of the provisions of this Article.

7.1.3            PROVISIONS INCLUDED IN CONTRACTS: Direction is given to all officers and persons authorized, or who may hereafter be authorized, to enter into public contracts for the Town to include the aforementioned provisions that have heretofore been designated as “Equal Employment Opportunity Clause” in any public contract entered into by the Town either verbatim or by reference.

7.1.4            CONTRACT DEFINED: For the purposes of this Article, the term “contract” shall be defined by the Rules and Regulations of the Illinois Fair Employment Practices Commission, and section 2.4 of said Rules and Regulations define “contract” as follows:

“Section 2.4. The term ‘contract’ means any contract, purchase order, lease or other agreement or understanding, written or otherwise, between the State of Illinois, 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 and further means any loan or grant by the State of Illinois, 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.”

7.1.5            SUBCONTRACT DEFINED: For the purposes of this Article, the term “subcontract” shall be as defined by the Rules and Regulations of the Illinois Fair Employment Practices Commission, and section 2.10 of said Rules and Regulations define “subcontract” as follows: