Peoria — Ch. 17 Human Relations, Housing and Employment § 17-120

(a) The city shall not contract with any contractor, purchase goods or services from any vendor, maintain any financial relations with any financial institution, or use the services of any labor organization or member thereof, which is found to be in violation of the provisions of section 17-118 by the fair employment or housing commission, except where such contractor, vendor or financial institution is the sole source of the particular product or service being sought by the city and such product or service is essential for the governmental operations of the city.
(b) The city shall not contract 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 does not first submit to the city a written commitment to provide equal employment opportunity, and a $50.00 fee to offset the cost of administration of the city's program; provided, however, that neighborhood associations shall be exempt from the aforementioned fee. Such commitment must:
(1) Set out and agree to maintain specific employment or membership practices and policies sufficient to achieve equal opportunity.
(2) Agree to make a good faith effort to meet the goals established for the award of subcontracts and for the participation of skilled trade professionals on construction projects involving city funds or funds administered by the city. Subcontracting goals will be established annually by the city manager or designee. Goals for skilled trade professionals will be established annually by the fair employment and housing commission.
The following criteria will be used to determine to count M/WBE participation towards subcontracting goals:
a. When an M/WBE participates in a contract, count only the value of the work actually performed by the M/WBE toward M/WBE goals.
b. When an M/WBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the M/WBE performs with its own forces toward M/WBE goals.
c. Count expenditures to a M/WBE contractor or trucking firm toward M/WBE goals only if the M/WBE is performing a commercially useful function on that contract.
d. Count expenditures with M/WBEs for materials and supplies toward M/WBE goals in one of the following ways:
1. Count 100 percent of the expenditure towards the M/WBE goal if the M/WBE supplier is also the manufacturer.
2. Count 60 percent of the expenditure towards the M/WBE goal if the M/WBE supplier is a regular dealer.
3. Count five percent of the expenditure towards the M/WBE goal if the M/WBE supplier is neither a manufacturer nor a regular dealer of the materials supplied.
(For the specific process for administering the above mentioned criteria consult the City of Peoria's Specifications for Evaluating Good Faith Efforts.)
(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 commitment which contains the provisions required by subsections (1) through (5) of this subsection.
(c) All contracts by and between the city and contractors and vendors for the purchase by the city 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, sexual harassment, ancestry, national origin, place of birth, age or a physical or mental 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 division and will require any subcontractor to submit to the city written commitment to comply with this division. 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 division 4 of article III of chapter 17 of the Code of the City of Peoria is hereby incorporated by reference, as if set out verbatim."
(d) Any contractor, vendor, financial institution or labor organization contracting with the city 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 subcontractor to submit a compliance report upon written request by the city.
(e) If any contractor, vendor, financial institution or labor organization contracting with the city fails to comply with the fair employment and affirmative action provisions of this division, the city, 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, vendor, financial institution or labor organization ineligible for further contracts for one calendar year.
(3) The fair employment commission, in accordance with its rules and regulations, shall have the power to impose a penalty upon any contractor or vendor failing to comply with this division of the contract in an amount not less than $50.00 nor more than as provided in section 1-5 of this Code for each day that the contractor or vendor shall fail to comply, upon a specific finding of such violation. The commission may order a contractor or vendor found guilty of failure to comply with this division to pay all or a portion of the legal costs incurred by the city as a result of prosecution of such violations. Penalties assessed under this section may be recovered from the contractor or vendor by setoff against the unpaid portion of the contract price.
(4) Such other sanctions as may be imposed by the fair employment and housing commission pursuant to this division and other ordinances.