Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 360 - GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970 › Subpart C - REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS › Section 360.304 - Equal Opportunity

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				contract of the grantee in furtherance of the project shall contain the Equal
				Opportunity Clause as set forth in Article VI of the Rules and Regulations for
				Public Contracts prescribed by the Illinois Department of Human Rights and
				filed with the Secretary of State as follows:
b) Article VI
Equal Employment Opportunity Clause
Section 3.1. Each Contracting Agency Shall Ensure that every
				  Contract to which it is a party shall contain the following clause:
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 avoided in whole or in part,
				  and such other sanctions or penalties may be imposed or remedies invoked as
				  provided by statute or regulation.
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, 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
				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 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, or an unfavorable
				discharge from military service.
4)
				That it will send to each labor organization or representative or 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
				Contractor in its efforts to comply with such Act and Rules and Regulations,
				the Contractor 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 1 through 7 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 1, 5, 6, and 7 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.
Section 3.2. INCORPORATION BY OPERATION OF THE
				  REGULATIONS.
All contract specifications furnished by any contracting
				  agency to bidders or contractors shall contain the equal employment opportunity
				  clause set forth in Section 3.1 hereof and such clause shall be included as a
				  material term of any contract; however, a contracting agency having published
				  rules and regulations which govern all its contracts and which include the
				  equal employment opportunity clause may incorporate such clause by reference in
				  such agency's individual contracts or contract specifications. By operation of
				  these rules and regulations, the equal employment opportunity clause shall be
				  deemed to be a part of every contract whether or not such contract is in
				  writing and regardless of whether said clause is physically incorporated
				  therein.
Section 3.3. SUBCONTRACTS.Each contractor and subcontractor
				  shall in turn include the equal employment opportunity clause set forth in
				  Section 3.1 hereof in each of its subcontracts verbatim or by reference so that
				  provisions of Paragraphs 1 through 7 of said clause will be binding upon
				  subcontractors of every tier; provided however, that only paragraphs 1, 5, 6,
				  and 7 need be included in every subcontract as defined in Section 2.10(a) of
				  the rules and regulations of the Illinois Fair Employment Practices
				  Commission.