16. Recycled Products
The Contractor agrees to provide a preference for those products and services that conserve
natural resources, protect the environment, and are energy efficient by complying with and facilitating
compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962,
and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products
Containing Recovered Materials,” 40 C.F.R. part 247.
17.Dispute Resolution
The parties shall attempt to resolve any dispute related to this Contract as follows. Either party shall provide to
the other party, in writing and with full documentation to verify and substantiate its decision, its stated position
concerning the dispute. No dispute shall be considered submitted and no dispute shall be valid under this
provision unless and until the submitting party has delivered the written statement of its position and full
documentation to the other party. The parties shall then attempt to resolve the dispute through good faith
efforts and negotiation. Unless otherwise directed by the City, at all times Seller shall continue performance
under the Contract Documents while matters in dispute are being resolved. If the parties are unable to resolve
their dispute as described above within 30 days, the parties’ reserve the right to pursue any available legal
and/or equitable remedies for any breaches of this contract except as that right may be limited by the terms of
this Contract.
Should either party to the Contract suffer injury or damage to person or property because of any act or omission
of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages
therefore shall be made in writing to such other party as soon as practicable after the first observance of such
injury or damage.
Duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder
shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or
available by law.
18. DOL EEO Clause for Construction Projects
Per 41 C.F.R. Chapter 60, which implement Executive Order 11246, “Equal Employment
Opportunity,” September 24, 1965, as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” October 13, 1967.
DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS
FOLLOWS:
(1) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, SEXUAL
ORIENTATION, GENDER IDENTITY, OR NATIONAL ORIGIN. THE CONTRACTOR WILL
TAKE AFFIRMATIVE ACTION TO ENSURE THAT APPLICANTS ARE EMPLOYED, AND
THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT WITHOUT REGARD TO
THEIR RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, OR
NATIONAL ORIGIN. SUCH ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO THE
FOLLOWING:
EMPLOYMENT, UPGRADING, DEMOTION, OR TRANSFER; RECRUITMENT OR
RECRUITMENT ADVERTISING; LAYOFF OR TERMINATION; RATES OF PAY OR OTHER
FORMS OF COMPENSATION; AND SELECTION FOR TRAINING, INCLUDING
APPRENTICESHIP. THE CONTRACTOR AGREES TO POST IN CONSPICUOUS PLACES,
