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84-1119 Contract Compliance EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION POLICY STATEMENT It is the policy of to afford equal opportunity for employment to all individuals regardless of race, color, religion, sex, or national origin. The corporation is basically committed to this policy by our status as an Equal Opportunity Employer/ Contractor. We are far more strongly bound to the policy by the fact that adherence to the principles involved is the only acceptable American way of life. Therefore, this corporation will take affirmative action to ensure that we will agree as follows: 1 . That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental handicap, unrelated to ability, or an "' unfavorable discharge from military service; and, further, that it will examine all job classifications to determine if minority per- sons or women are under-utilized and will take appropriate affirmative action to rectify any such under-utilization. 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 minorities and women's population in Elgin 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 under-utilized. 3. That, 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, ancestry, physical or mental handicap unrelated to ability. 4. Establish and maintain a current list of minority and female recruit- ment sources, provide written notification to minority and female recruitment source and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. 5. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organi- zation and of what action was taken with respect to each such individual . If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file ,with the reason therefor, along with whatever additional actions the Contractor may have taken. 6. Develop on-the-job training opportunities and/or participate in training programs for the Elgin area which expressly include minori- ties and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs. 7. 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 Elgin Contract Compliance Ordinance. If any such labor organi- zation or representative fails or refuses to cooperate with the contractor in its efforts to comply with ordinance, the contractor -2- • will promptly so notify the Human Relations Coordinator and the contracting agency will recruit employee from other sources when necessary to fulfill its obligations thereunder. The successful achievement of a nondiscriminatory employment program requires a maximum of cooperation between management and employees. In fulfilling its part in this cooperative effort, management is obliged to lead the way by establishing and implementing affirmative procedure and practices which will ensure our objective, namely equitable employment opportunity for all . Minority and female employees are encouraged to participate in all company activities and refer applicants. I have designated the to be assisted by the to direct the establishment of and to monitor the implementation of personnel procedures to guide our affirmative action program. This official is charged with designing and implementing audit and reporting systems that will keep management informed on a monthly basis of the status of the equal employment opportunity area. Supervision has been made to understand that their work performance is being evaluated on the basis of their equal employment opportunity efforts and results, as well as other criteria. It shall be a responsibility of supervisors to take action to prevent harrassment of employees placed through affirmative action efforts. SIGNATURE: TITLE: DATE: 4 November 19, 1984 MEMORANDUM TO: Mayor and City Council FROM: Human Relations Commission SUBJECT: Contract Compliance Ordinance Attached is a copy of the Contract Compliance Ordinance submitted for your review and approval . amp r i AN ORDINANCE AMENDING CHAPTER 3.12 ENTITLED "COMMISSION ON HUMAN RELATIONS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 3.12 enlrtied"Commission on Human Relations" of the Elgin Municipal Code, 1976,as amended,be and is hereby amended by amending Subsection (F)of Section 3.12.090 to read as follows "3.12.090(F) Investigation and complaicri procedure The commission shall use its full powers to determine the focts and such findings must be supported by a majority vote of the commission. After a hearing where the commission finds by a preponderance of the evidence that violation ofthis chapter has been committed, and after the respondent has failed to comply with the decision of the commission, the chairman of the commission shall transmit a written copy of the findings, decisions and recommendations of the commission to the Mayor and the City Council. In the event the commission recommends the institution of legal proceedings ogainst o respondent determined by the commission to be in violation of any provisionn of this chapter, the City Council shall, within 45 days of receipt of such recommendation, either refer the matter to the Corporation Counsel for appropriate proceedings or remand the matter bock to the commission for clarification or reconsideration." Fa.' Section 2. That Chapter 3.12 entitled "Commission on Human Relations"of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by odding Section 3.12.100 to read as folows: "3.12.100 Affirmative action—City contracts . - A. In an effort to enhance minority employment, the City shall require and promote affirmative action for both its contractors and vendors within the City. Every contract, as specified in subpara- graph (B) below, to which the City is a party shall be conditioned upon the requirement that the supplier of materials or services or the contractor and his subcontractors, and all labor organizations furnishing skilled, unskilled, and craft union skilled labor, or who may perform any such labor or services, as the case may be, shall not commit an unfair employment practice as defined in this Chanter. and shall take affirmative action to insure that no unfair r experience. This provision will not infringe upon the right of the employer to determine the need for or qualifications of employees. c) Agree to submit to the commission upon request written evidence of the effectiveness of the above required practices, policies and goals. d) Agree to submit to the commission upon request statistical data concerning employee composition or membership composition on race, color, sex and job description. e) Agree to distribute copies of the above commitment to all persons who participate in recruitment, screening, referral and selection of job applicants,prospective job applicants or members. f) Agree to require any subcontractor to submit to the commission upon request a written commitment which contains the provisions required e'► by paragraphs (a) through (e) above. C. All contracts by and between the City of Elgin and contractors and vendors for the purchase by the City of Elgin of goods and/or services shall contain the following clauses: The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, oge, or a physical handicap which would not interfere with the efficient performance of the job in question. The contractor/vendor will take affirmative action to comply with the provisions of this ordinance and will require any subcontractor to submit to the City of Elgin upon request a written commitment to comply with those provisions. The contractor/vendor will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, members or prospective subcontractors. D. Any contractor, vendor, financial institution or labor organization contracting with the City of Elgin Abe required to submit to the City, upon written request by the commission, compliance report containing such information as to the practices, policies, programs and statistics of employee or membership composition on race, color, sex, age and job description as may be prescribed by the commission and will require any subcontractor to submit a commpliance report upon written request by the commission. E. In the event that any contractor,vendor, financial institution or labor organization contracting with the City of Elgin fails to comply with the fair employment and affirmative action provisions of this ordinance, the City Council, at its option,may do any or all of the following: 1. Cancel, terminate or suspend the contract in whole or in part. 2. Declare the contractor or vendor by set-off agoinst the unpaid portion of the contract price, or otherwise pursuant to this contract,the SUM of fifty dollars ($50.00) per day,as liquidated damages and not as a penalty,for each day that the contractor or vendor shall fail to comply with these provisions of the contract,as determined by the Humes" Relations Commission in accordance with r its rules and regulations, the said sum being fixed and agreed upon by and between the contractor and the City because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the City would sustain in the event of such a breach of contract, and said amount is agreed to be the amount of damages which the City would sustain. 3. Such other sanctions as may by law be imposed pursuant to this or other ordinances." Section 3. That all ordinances or parts of ordinances in conflict with this ordinance be and ore hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by low and shall be published in pamphlet form by authority of the City Council. r a'y STANDARD FORM - 257 MONTHLY EMPLOYMENT (Month, Year) UTILIZATION REPORT .a prescribed by the Dept. of Labor (CFCCP) (See reverse for instructions) Reporting Period 4"qs report is required by Executive Order 11246, Section 203. Failure to report can .suit in sanctions which include suspension, termination, cancellations or debarment {of coptT9Ct. . To: (Name and location of Compliance Agency) From: (Name and location of contractor) -OFFICE OF HUMAN RELATIONS City of Elgin 150 Dexter Court Elgin, Illinois 60120 'u. 1� 3. mind- Total total • Work Hours of Employment (See footnote) rity number umber of of Classi - a. w. • c. • . • e. • .. w/h of minorit• C ]o Fie- ''er. ;elan/ Dotal total 1 Company's Same (I.D.) Trade bons Tote Black panic ndian Pa�'�c °a l e w/h ee loy- eee island IMMIIIIIIII Tr rs'111111 AD Tr INN" Tr e C Tr C AD L....---• Tr C Tr T C w Frarillil T-: Tr 1111� Illinlia.■•■4 Ap T: C —1 1111111 111111 T- Cc-pan;; C:'f icial' s 3t nat;:_a an Ti: e c. ate Sizr.et: 9. Telephone ::u.:te- .) J (Include Area Cod:) (* Maies & Fe'ales ** Min.)rities & non-:minorities) Page of INSTRUCTIONS FOR FILING EMPLOYMENT UTILIZATION REPORT (SF-257) a The Employment Utilization Report is to be completed by each subject contractor (both prime and subcontractors) and signed by a responsible official of the company. The reports are to be filed on the day required, each month, during the term of the contract, and they shall include the total work-hours worked for each employee level in each designated trade for the entire reporting period. The prime contractor shall submit a report for its aggregate work force and shall collect and submit reports for each subcontractor's aggregate work force to the Federal Compliance Agency that is funding their construction project. Reporting Period Self-explanatory. Compliance Agency . . . . U S. Government contracting or adminis- - tering agency responsible for equal employ- ment opportunity on the project. • Ccntractor Any contractor who has a construction con- tract with the U. S. Government or applicant (See OFCCP Regs. 60-1.3) . 1. Company's Name . Any contractor or subcontractor who has a federally involved contract. 2. Trade Only those crafts covered under applicably Federal EEO bid conditions. 3. Work-hours of Employment . . The total number of hours worked by all employees in each classification; the total number of hours worked by each *minority group in each classification and the total. work-hours for all women. Classification The level of .accomplishment or status of the worker in the trade. (C = Craftworker - Qualified, Ap = Apprentice, Tr = Trainee) 4. Percent of minority work- hours of total work-hours . . . . The percentage of total minority work-hours worked of all work-hours worked. (The sum of columns b, c, d and e divided by column a.) 5. Total Number of minority employees Number of minority employees working in contractor' s aggregate work force during reporting period. 6. Total Number of Employees . . . . Number of all employees working in can- tractor's aggregate work force during reporc:n period. r * Minority is defined as including Blacks, Hispanics, American Indians and ty Asian and Pacific Islanders - both men and _men. zaa pie!