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G8-85 Ordinance No. G8-85 AN ORDINANCE REQUIRING AFFIRMATIVE ACTION ON MUNICIPAL CONTRACTS WHEREAS, the City of Elgin is a home rule unit within the meaning of Article VII of the Constitution of Illinois 1970, and is authorized to perform any function and exer- cise any power pertaining to its government and affairs; and WHEREAS, the prevention of discrimination and enhancement of minority employ- ment opportunities on contracts of the City of Elgin is a matter pertaining to its govern- ment and affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS in the exercise of its home rule powers: Section I. That Chapter 3.12 entitled "Commission on Human Relations" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Sub- section (F) of Section 3.12.090 to read as follows: 3.12.090(F) Investigation and complaint procedure The commission shall use its full powers to determine the facts 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 of this 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 City Council. In the event the commission recommends the institution of legal proceedings or other action against a respondent determined by the commission to be in violation of any provision of this chapter, the City Council shall, within 45 days of receipt of such recommendation, either refer the matter to the City Manager for appropriate proceedings or remand the matter back to the commission for clarification, reconsidera- tion, or other appropriate action. Section 2. That Section 3.12.100 entitled "Affirmative Action--City Contracts" is hereby added to the Elgin Municipal Code, 1 976, as amended, and shall read as follows: 3.12.100 Affirmative action--City contracts A. The City shall not contract in an amount exceeding ten thousand dollars with any contractor or vendor, maintain any financial relation with any financial institution, or use the services of any labor organization or member thereof, which employs fifteen or more persons, which does not first submit to the City a written commitment to provide equal employment opportunity. However when a contract, vendor, financial institution, labor organization or member thereof is the sole source of the particular work product or service desired by the City of Elgin and such work, product or service is essential for the efficient governmental operations of the City of Elgin such written commitment shall not be required. The written commitment required by this section shall: I. Set out and agree to maintain specific employment or membership practices and policies sufficient to achieve equal oppor- tunity. 2. Set out specific goals for participation by minority groups and female persons qualified by or for training or through previous work experience. This provision will not infringe upon the right of the employer to determine the need for or qualifications of employees. 3. Agree to submit to the City upon request written evidence of the effectiveness of the above required practices, policies and goals. 4. Agree to submit to the City upon request statistical data concerning employee composition or membership composition on race, color, sex and job description. 5. 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. 6. Agree to require any subcontractor to submit to the City a written comitment which contains the provisions required by paragraphs (I) through (5) above. 7. The written commitment required by this section may also be satisfied by filing a copy of an affirmative action program of the contractor/vendor which is in effect and which has been approved by any local, state or federal agency with jurisdiction to approve such programs. B. All such 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, age, or 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 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." • "The contractor/vendor agrees that the provisions of Chapter 3.12 of the Elgin Municipal Code, 1976, is hereby incor- porated by reference, as if set out verbatim." C. Any contractor, vendor, financial institution or labor organiza- tion contracting with the City of Elgin will be required to submit to the City, upon written request by the City, compliance reports 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 City and will require any sub- contractor to submit a compliance report upon written request by the City. The required compliance report shall be substantially in the form attached hereto as Exhibit A. D. Before a contract is let to a contractor or financial institution within the City of Elgin, or before purchases are made from a vendor, the Purchasing Agent or City Clerk must have on file a written statement from the Human Relations Coordinator that the contractor, vendor, or financial institution has a present or proposed program which is approved as an acceptable equal employment opportunity or affirmative action plan for the utilization of minorities in their work force. Neither this section, nor any other section of this chapter, shall be construed to prevent the City Manager or department heads from authorizing or doing business with contractors or vendors for emergency services or supplies. 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 of Elgin, in its discretion, may: I. Cancel, terminate or suspend the contract in whole or in part. 2. Declare the contractor, vendor, financial institution or labor organization ineligible for further contracts for a calendar year. 3. Recover from the contractor or vendor by set-off against 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 City Council after recommendation by the Human Relations Commission in accordance with its rules, 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. 4. Impose such other sanctions as may be recommended by the Human Relations Commission pursuant to this or other ordinances. Section 3. That not later than January 31, 1986 the City Manager shall submit a written report to the Mayor and members of the City Council concerning the effect of the ordinance in the prevention of discrimination and enhancement of minority employ- ment opportunities on contracts of the City of Elgin and upon efficient governmental operations of the City of Elgin. Section 4. That all ordinances or parts of ordinances in conflict with this ordi- nance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1985 Passed: February 1 1 , 1985 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk I