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Gensler | 56 Gensler | 57 <br />k.OCNC E-Verify Affidavit Form <br />Chapter 12 Civil Rights. <br />Sections 12-23 –12-49 Reserved. <br />AN ORDINANCE PROHIBITING DISCRIMINATION THROUGHOUT ORANGE COUNTY <br />Sec.12-50.-Title. <br />This Ordinance shall be known and may be cited as the Orange County Non-Discrimination Ordinance. <br />Sec. 12-51.–Policy and Severability. <br />(a)It is the policy of Orange County not to enter into a contract with any business, company, or <br />firm that has discriminated in the solicitation,selection,hiring or treatment of vendors,suppliers, <br />subcontractors or commercial customers against a Protected Class,or on the basis of any otherwise <br />unlawful use of individual or personal characteristics regarding such vendor's,suppliers, <br />commercial customers,employees,or owners in connection with a county contract or solicitation; <br />provided that nothing in this non-discrimination policy shall prohibit or limit otherwise lawful <br />efforts to remedy the effects of discrimination that has occurred or is occurring in the marketplace. <br />1.It is the policy of Orange County that every Orange County created contract and subcontract for <br />goods or services shall contain a non-discrimination clause that prohibits discrimination as that <br />term is defined herein. <br />(b)It is further the policy of Orange County that discrimination has no place in Orange County, North <br />Carolina and it is the intent of this ordinance to provide uniform legal protection to individuals in all <br />Protected Classes, making it unlawful for any person to discriminate in housing,public accommodations, <br />and transportation. <br />(c)Should any provision of this Ordinance be found to be unconstitutional by a court of law such provision <br />shall be severed from the remainder of the Ordinance and such action shall not affect the enforceability <br />of the remaining provisions of the Ordinance. <br />Sec.12-52.-Definitions. <br />(a)Discrimination means any disadvantage,difference,or distinction in the solicitation,selection, <br />hiring, service to,or treatment of a vendor,supplier,subcontractor,or customer on the basis of <br />Protected Class status or on the basis of any otherwise unlawful use of personal or individual <br />characteristics. <br />(b)Housing and public accommodations have the same common meaning as those terms are defined in the <br />Orange County Civil Rights Ordinance. <br />(c)Person means any individual, business,or company, regardless of organizational structure, providing <br />for profit goods, facilities, services, accommodations, transportation, or access to the general public. <br />(d)Protected Class means age (as defined in the Orange County Civil Rights Ordinance), race, ethnicity, <br />color, national origin, religion, creed, sex, sexual orientation, gender, gender identity, gender <br />expression, marital status, familial status, source of income, disability, political affiliation, veteran <br />status, disabled veteran status. <br />(e)Public Accommodation has the same meaning as that term is defined in the Orange County Civil Rights <br />Ordinance except that for purposes of this Ordinance Public Accommodation includes: <br />1.Transportation companies and transportation providers operating company-owned or privately- <br />k.OCNC E-Verify Affidavit Form <br />owned vehicles providing transportation to the general public;and <br />2.Private residences providing short-term rentals to members of the general public.A short-term <br />rental means the provision of a room,space, or residential unit that is suitable or intended for <br />occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 <br />consecutive days, in exchange for a charge for the occupancy. <br />Sec.12-53.-Contractor bid requirements. <br />(a)All requests for bids or proposals issued for county contracts shall include a certification to be <br />completed by the bidder or proposer in substantially the following form: <br />The undersigned bidder or proposer hereby certifies and agrees that the following information is <br />correct: <br />1.In preparing its enclosed bid or proposal,the bidder or proposer has considered all bids and <br />proposals submitted from qualified,potential subcontractors and suppliers,and has not <br />engaged in discrimination as defined in Section 12-52 of the Orange County Non- <br />discrimination Ordinance. <br />2.Without limiting any other remedies that Orange County may have for a false certification, <br />it is understood and agreed that,if this certification is false,such false certification will <br />constitute grounds for Orange C ounty to reject the bid or proposal submitted with this <br />certification,and terminate any contract awarded based on such bid or proposal.It shall <br />also subject the bidder or proposer to disqualification from participating in county contracts <br />or bid processes for up to two years. <br />3.As a condition of contracting with Orange County,the bidder or proposer agrees to promptly <br />provide to Orange County all information and documentation that may be requested by <br />Orange County from time to time regarding the solicitation and selection of suppliers and <br />subcontractors in connection with this solicitation process.Failure to maintain or failure to <br />provide such information constitutes grounds for Orange County to reject the bid or proposal <br />and to terminate, without penalty to Orange County, any contract awarded on such bid <br />or proposal.All such information and documentation shall be maintained for a period of three <br />years after the expiration of the contract. <br />4.As part of its bid or proposal,the bidder or proposer shall provide to Orange County a list of <br />all instances within the past ten years where a complaint was filed or pending against <br />bidder or proposer in a legal or administrative proceeding alleging that bidder or <br />proposer discriminated against its subcontractors,vendors,suppliers,or commercial <br />customers,and a description of the status or resolution of that complaint,including any <br />remedial action taken. <br />5.As a condition of submitting a bid or proposal to Orange County the bidder or proposer <br />agrees to comply with the Orange County Non-discrimination Ordinance.Falsification of this <br />certification shall constitute a violation of the Orange County Non-Discrimination Ordinance <br />and shall be grounds for rejection of the bid or proposal or termination, without fault to Orange <br />County, of a contract. <br />6.As a condition of submitting a bid or proposal to Orange County the bidder or proposer agrees <br />that Orange County may consider the information submitted as part of this certification in its <br />determination of the responsibility of the bidder or proposer. The bidder or proposer, as the <br />case may be, waives the right to challenge the rejection of a bid or proposal when such <br />rejection is based, in its entirety, on information contained in this certification. <br />Docusign Envelope ID: EA417244-1B08-4F71-884E-045B78625FB7