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1. Equal Employment Opportunity: Equal Employment
<br />Opportunity (EEO) requirements not to discriminate and to
<br />take affirmative action to assure equal opportunity as set forth
<br />under laws, executive orders, rules, regulations (see 28 CFR
<br />Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
<br />Part 60 and 49 CFR Part 27) and orders of the Secretary of
<br />Labor as modified by the provisions prescribed herein, and
<br />imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
<br />and specific affirmative action standards for the contractor's
<br />project activities under this contract. The provisions of the
<br />Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
<br />seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
<br />are incorporated by reference in this contract. In the execution
<br />of this contract, the contractor agrees to comply with the
<br />following minimum specific requirement activities of EEO:
<br />a. The contractor will work with the contracting agency and
<br />the Federal Government to ensure that it has made every
<br />good faith effort to provide equal opportunity with respect to all
<br />of its terms and conditions of employment and in their review
<br />of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
<br />b. The contractor will accept as its operating policy the
<br />following statement:
<br />"it is the policy of this Company to assure that applicants
<br />are employed, and that employees are treated during
<br />employment, without regard to their race, religion, sex,
<br />sexual orientation, gender identity, color, national origin, age
<br />or disability. Such action shall include: employment,
<br />upgrading, demotion, or transfer; recruitment or recruitment
<br />advertising; layoff or termination; rates of pay or other forms
<br />of compensation; and selection for training, including
<br />apprenticeship, pre -apprenticeship, and/or on-the-job
<br />training."
<br />2. EEO Officer: The contractor will designate and make
<br />known to the contracting officers an EEO Officer who will have
<br />the responsibility for and must be capable of effectively
<br />administering and promoting an active EEO program and who
<br />must be assigned adequate authority and responsibility to do
<br />so.
<br />3. Dissemination of Policy: All members of the contractor's
<br />staff who are authorized to hire, supervise, promote, and
<br />discharge employees, or who recommend such action or are
<br />substantially involved in such action, will be made fully
<br />cognizant of and will implement the contractor's EEO policy
<br />and contractual responsibilities to provide EEO in each grade
<br />and classification of employment. To ensure that the above
<br />agreement will be met, the following actions will be taken as e
<br />minimum:
<br />a. Periodic meetings of supervisory and personnel office
<br />employees will be conducted before the start of work and then
<br />not less often than once every six months, at which time the
<br />contractor's EEO policy and its implementation will be
<br />reviewed and explained. The meetings will be conducted by
<br />the EEO Officer or other knowledgeable company official.
<br />b. All new supervisory or personnel office employees will be
<br />given a thorough indoctrination by the EEO Officer, covering
<br />all major aspects of the contractor's EEO obligations within
<br />thirty days following their reporting for duty with the contractor.
<br />c. All personnel who are engaged in direct recruitment for
<br />the project will be instructed by the EEO Officer in the
<br />contractor's procedures for locating and hiring minorities and
<br />women.
<br />d. Notices and posters setting forth the contractor's EEO
<br />policy will be placed in areas readily accessible to employees,
<br />applicants for employment and potential employees.
<br />e. The contractor's EEO policy and the procedures to
<br />implement such policy will be brought to the attention of
<br />employees by means of meetings, employee handbooks, or
<br />other appropriate means.
<br />4. Recruitment: When advertising for employees, the
<br />contractor will include in all advertisements for employees the
<br />notation: "An Equal Opportunity Employer." All such
<br />advertisements will be placed in publications having a large
<br />circulation among minorities and women in the area from
<br />which the project work force would normally be derived.
<br />a. The contractor will, unless precluded by a valid
<br />bargaining agreement, conduct systematic and direct
<br />recruitment through public and private employee referral
<br />sources likely to yield qualified minorities and women. To
<br />meet this requirement, the contractor will identify sources of
<br />potential minority group employees and establish with such
<br />identified sources procedures whereby minority and women
<br />applicants may be referred to the contractor for employment
<br />consideration.
<br />b. In the event the contractor has a valid bargaining
<br />agreement providing for exclusive hiring hall referrals, the
<br />contractor is expected to observe the provisions of that
<br />agreement to the extent that the system meets the contractor's
<br />compliance with EEO contract provisions. Where
<br />implementation of such an agreement has the effect of
<br />discriminating against minorities or women, or obligates the
<br />contractor to do the same, such implementation violates
<br />Federal nondiscrimination provisions.
<br />c. The contractor will encourage its present employees to
<br />refer minorities and women as applicants for employment.
<br />Information and procedures with regard to referring such
<br />applicants will be discussed with employees.
<br />5. Personnel Actions: Wages, working conditions, and
<br />employee benefits shall be established and administered, and
<br />personnel actions of every type, including hiring, upgrading,
<br />promotion, transfer, demotion, layoff, and termination, shall be
<br />taken without regard to race, color, religion, sex, sexual
<br />orientation, gender identity, national origin, age or disability.
<br />The following procedures shall be followed:
<br />a. The contractor will conduct periodic inspections of project
<br />sites to ensure that working conditions and employee facilities
<br />do not indicate discriminatory treatment of project site
<br />personnel.
<br />b. The contractor will periodically evaluate the spread of
<br />wages paid within each classification to determine any
<br />evidence of discriminatory wage practices.
<br />c. The contractor will periodically review selected personnel
<br />actions in depth to determine whether there is evidence of
<br />discrimination. Where evidence is found, the contractor will
<br />promptly take corrective action. If the review indicates that the
<br />discrimination may extend beyond the actions reviewed, such
<br />corrective action shall include all affected persons.
<br />d. The contractor will promptly investigate all complaints of
<br />alleged discrimination made to the contractor in connection
<br />with its obligations under this contract, will attempt to resolve
<br />such complaints, and will take appropriate corrective action
<br />City Council 18 — 44 12/20/2022
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