CCO_187-22.pdf
PDF 33 KB Posted
- Solicitation number
- AR2509a
- Issued by
- Cuyahoga County, Ohio
About this file
This document is an Equal Opportunity Clause from the City of Cleveland's Section 187.22(b) Codified Ordinances, applicable to a Request for Qualifications (RFQ) for an Owner's Advisor to administer design and implementation of facility resiliency and energy efficiency improvements for the City's Fire and Emergency Medical Service (EMS) Stations. The project encompasses all 23 active Fire and EMS stations, inactive stations, and potential new facilities, with implementation occurring on a budget-neutral, performance-contracting basis in accordance with Ohio Revised Code 717.02. The City of Cleveland's MOCAP division oversees administration of the Capital Improvement Plan through its three divisions: Architecture & Site Development, Engineering & Construction, and Real Estate. The project is designated as a highest priority initiative due to its scope, cost, complexity, and critical impact on public safety service delivery.
The Equal Opportunity Clause establishes mandatory nondiscrimination requirements for the contractor and all subcontractors, prohibiting discrimination based on race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group, or veteran status. The contractor must take affirmative action in recruitment, compensation, training, promotion, and employment decisions while posting nondiscrimination notices in conspicuous locations and identifying itself as an equal opportunity employer in all solicitations. The clause emphasizes the City's policy of providing local businesses, minority-owned businesses, and female-owned businesses with every practicable opportunity to participate in contract performance, subject to Cleveland Area Business Code provisions. Contractors must permit access to relevant reports and documents for compliance verification and include identical Equal Opportunity Clause provisions in all subcontracts, with enforcement authority retained by the contractor for subcontractor compliance.
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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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