02_CCO_187-22.pdf

PDF 33 KB Posted

Attached to
Payne Avenue Improvements
Solicitation number
AR2612
Issued by
Cuyahoga County, Ohio

About this file

This is an Equal Opportunity Clause document issued by the City of Cleveland, Ohio, outlining non-discrimination and equal employment requirements for contractors performing work on the Payne Avenue Improvements project. The clause establishes mandatory compliance standards for all contractors and subcontractors engaged in the design-build services, which include professional architecture, engineering, and construction services managed by the Mayor's Office of Capital Projects through its Division of Architecture and Site Development. The contract prohibits discrimination based on race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group, or veteran status, and requires contractors to take affirmative action in recruitment, compensation, training, promotion, and employment termination decisions.

The contractor must post non-discrimination notices in conspicuous locations, identify itself as an equal opportunity employer in all recruitment solicitations, and notify all labor unions and worker representatives of its equal opportunity commitments. The City of Cleveland prioritizes participation by local, minority-owned, and female-owned businesses in contract performance and reserves the right to access relevant reports and documents to verify compliance with the Cleveland Area Business Code. All subcontracts must include identical equal opportunity provisions, and contractors are responsible for enforcing compliance among subcontractors, material suppliers, and other suppliers. Non-compliance or obstruction of the Director's oversight responsibilities constitutes a breach of contract obligations.

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Text version

EQUAL OPPORTUNITY CLAUSE

(Section 187.22(b) Codified Ordinances)

During the performance of this contract, the contractor agrees as follows:

(1) The contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. The contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group, or Vietnam-era or disabled veteran status. As used in this chapter, “treated” means and includes without limitation the following: recruited, whether by advertising or other means;

compensated, whether in the form of rates of pay or other forms of compensation; selected for training, including apprenticeship, promoted, upgraded, demoted, downgraded, transferred, laid off and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the hiring representatives of the contractor setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that the contractor is an equal opportunity employer.

(3) The contractor shall send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract, or understanding, a notice advising the labor union or worker’s representative of the contractor’s commitments under the equal opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) It is the policy of the City that local businesses, minority-owned businesses and female- owned businesses shall have every practicable opportunity to participate in the performance of contracts awarded by the City subject to the applicable provisions of the Cleveland Area Business Code.

(5) The contractor shall permit access by the Director or his or her designated representative to any relevant and pertinent reports and documents to verify compliance with the Cleveland Area Business Code, and with the Regulations. All such materials provided to the Director or designee by the contractor shall be considered confidential.

(6) The contractor will not obstruct or hinder the Director or designee in the fulfillment of the duties and responsibilities imposed by the Cleveland Area Business Code.

(7) The contractor agrees that each subcontract will include this Equal Opportunity Clause, and the contractor will notify each subcontractor, material supplier and supplier that the subcontractor must agree to comply with and be subject to all applicable provisions of the Cleveland Area Business Code. The contractor shall take any appropriate action with respect to any subcontractor as a means of enforcing the provisions of the Code.

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