[Adopted 6-22-2021 by Ord. No. O-21-16]
All contractors bidding on contracts or doing business with
the Township of Montclair shall complete the affidavit of compliance
agreeing to adhere to the Township's nondiscrimination policy
for contractors. The affidavit is hereby made part of this section,
and the Mayor shall be the only person authorized to waive the submittal
of all or any part of the affidavit of compliance.
A.
It is declared to be the policy of the Township of Montclair that
any person contracting for building and construction projects or furnishing
supplies or services to the Township of Montclair, and to which any
funds of the Township of Montclair are expended, shall establish equal
employment opportunities for all individuals so that no individual
shall be excluded from employment by such person because of actual
or perceived age, race, creed, color, national origin, nationality,
ancestry, sex/gender (including pregnancy), marital status, civil
union status, domestic partnership status, height, HIV status, familial
status, religion, affectional or sexual orientation, source of income,
gender identity or expression, atypical hereditary cellular or blood
trait, genetic information, political beliefs, religion, liability
for service in the Armed Forces of the United States, or disability,
victim of domestic violence or stalking, or weight.
B.
Any person so contracting for building and construction projects,
or furnishing supplies or services to the metropolitan government,
wherein any funds of the Township of Montclair may be appropriated
or expended to such person, shall not subscribe to any personnel policy
which permits or allows the promotion, demotion, employment, dismissal
or laying off of any individual due to his actual or perceived age,
race, creed, color, national origin, nationality, ancestry, sex/gender
(including pregnancy), marital status, civil union status, domestic
partnership status, height, HIV status, familial status, religion,
affectional or sexual orientation, source of income, gender identity
or expression, atypical hereditary cellular or blood trait, genetic
information, political beliefs, religion, liability for service in
the Armed Forces of the United States, or disability, victim of domestic
violence or stalking, or weight, or which is in violation of applicable
laws concerning the employment of individuals with disabilities.
C.
It is further declared to be the policy of the Township of Montclair
that any person entering into any agreement for the use of any government
property or facility with a lease term of greater than six months
shall establish equal employment opportunities for all individuals
so that no individual shall be excluded from employment, discharged,
demoted, or refused a promotion by such person because of actual or
perceived age, race, creed, color, national origin, nationality, ancestry,
sex/gender (including pregnancy), marital status, civil union status,
domestic partnership status, height, HIV status, familial status,
religion, affectional or sexual orientation, source of income, gender
identity or expression, atypical hereditary cellular or blood trait,
genetic information, political beliefs, religion, liability for service
in the Armed Forces of the United States, or disability, victim of
domestic violence or stalking, or weight, and to ensure compliance
with all applicable laws concerning the employment of individuals
with disabilities.
D.
The foregoing provisions of this section prohibiting employment discrimination
on the basis of sexual orientation or gender identity shall not apply
to the following: religious entities, organizations, or institutions
where employment discrimination on the basis of sexual orientation
or gender identity is in furtherance of the organization's religious
mission or beliefs, as such prohibition is not intended to interfere
with the free exercise of religion or the freedom of expressive association
guaranteed by the U.S. Constitution.
A.
The Purchasing Agent of the Township of Montclair shall include in
all bid specifications or invitations to bid a provision to the effect
that no contract shall be entered into for building and construction
projects, or supplies, or services unless the successful bidder submits
an affidavit to the Township of Montclair stating that his employment
and personnel policies, standards, and practices do not permit or
allow for the promotion, demotion, employment, dismissal or laying
off of any individual due to race, creed, color, national origin,
sex, gender identity, or sexual orientation, and that he is not in
violation of, and will not violate, any applicable laws concerning
the employment of individuals with disabilities.
B.
The Purchasing Agent, or other agency of the Township of Montclair
under whose jurisdiction such work is to be performed, shall include
in the specifications to bidders, or in the invitations to bid, a
clause prohibiting the successful bidder from discriminating against
any individual due to his/her race, creed, color, national origin,
sex, gender identity, or sexual orientation, and from violating applicable
laws concerning the employment of individuals with disabilities.
C.
The foregoing requirements of this section pertaining to employment
discrimination on the basis of sexual orientation or gender identity
shall not apply to the following: religious entities, organizations,
or institutions where employment discrimination on the basis of sexual
orientation or gender identity is in furtherance of the organization's
religious mission or beliefs, as such prohibition is not intended
to interfere with the free exercise of religion guaranteed by the
U.S. Constitution.
The affidavit of compliance required by this article shall be
in substantially the following form:
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The contractor agrees:
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(a)
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To comply with the terms of the Township of Montclair's
Nondiscrimination Ordinance and contract compliance administrative
policy, including but not limited to an acceptable affirmative action
program, if applicable.
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(b)
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To post the Township of Montclair's Nondiscrimination Ordinance
notice in every workplace or other location in which employees or
other persons are contracted to provide services under a contract
with the Township.
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(c)
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To provide documentation within the specified time frame in
connection with any workforce verification, compliance review or complaint
investigation.
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(d)
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To permit access to employees and work sites to Township representatives
for the purposes of monitoring compliance or investigating complaints
of noncompliance.
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The undersigned states that he/she has the requisite authority
to act on behalf of his/her employer in these matters and has offered
to provide the services in accordance with the terms of the Township
of Montclair's Nondiscrimination Ordinance. The undersigned certifies
that he/she has read and is familiar with the terms of the Nondiscrimination
Ordinance, obligates the contractor to those terms and acknowledges
that if his/her employer is found to be in violation of the ordinance,
it may be subject to civil penalties and termination of the awarded
contract.
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________________________________________
Company Name
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________________________________________
Signature of Authorized Representative Date
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________________________________________
Print Name and Title
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________________________________________
Address, Township, State, Zip Code
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________________________________________
Phone/Email address
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