CCO_187-22.pdf

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Attached to
Owner's Representative - Public Safety Energy Improvements: Fire/EMS
Solicitation number
AR2509a
Issued by
Cuyahoga County, Ohio

About this file

This is an Equal Opportunity Clause document from the City of Cleveland, Ohio, codified under Section 187.22(b) of the Cleveland Codified Ordinances, which applies to the Owner's Advisor contract for Public Safety Energy Improvements at Fire and EMS stations. The clause establishes comprehensive non-discrimination 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, and Vietnam-era or disabled veteran status in all employment-related matters including recruitment, compensation, training, promotion, transfer, and termination. The contractor must post notices in conspicuous locations, declare equal opportunity employer status in all recruitment solicitations, notify labor unions of these commitments, and permit the City Director or designee access to relevant reports and documents to verify compliance with the Cleveland Area Business Code.

The clause further requires that each subcontract incorporate identical equal opportunity provisions and that all subcontractors, material suppliers, and suppliers be notified of and agree to comply with applicable provisions of the Cleveland Area Business Code. The City reserves enforcement authority over subcontractors to ensure compliance with these requirements. The contractor must also allow the Director's representative to monitor and verify compliance without obstruction. All materials provided to the Director for compliance verification are considered confidential. This clause reinforces the City's policy that local businesses, minority-owned businesses, and female-owned businesses shall have every practicable opportunity to participate in contract performance, with compliance verification and enforcement mechanisms established throughout the contract performance period.

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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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