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1978-123-Revising Affirmative Action Program For Equal Employment Opportunity Requirements On Certain Public Works ContractsRESOLUTION NO. 1978-123 RESOLUTION REVISING AFFIRMATIVE ACTION PROGRAM FOR EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS ON CERTAIN PUBLIC WORKS CONTRACTS RESOLVED, and it is hereby resolved by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, as follows: 1. Previously approved Town Council Resolutions No. 1969 -74 and 1970 -30 are hereby rescinded and of no further effect. 2. Those equal employment opportunity conditions which are marked Exhibit "A ", attached hereto, are hereby adopted and shall hereafter be made part of each contract let by the Town for the construction and installation of public improvements, where the Town Engineer's estimate of the lowest bid on said work is Forty Thousand ($40,000.00) Dollars or greater. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 7th day of August , 1978, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, John B. Lochner, Peter W. Siemens and Mardi Gualtieri NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: �. MAYOR F THE TORN OF LLOOS ATOS ATTEST: LERK OF -U�NN UE W6 GA=O r SECTION 12 SPECIAL CONDITIONS 12 -01. EQUAL EMPLOYMENT OPPORTUNITY CONDITIONS (a) General: From and after the award of the contract and durin(T the course of the work on the project, the Contractor shall comply with the following Equal EmDloyment Opportunity Conditions. (b) Equal Employment Opportunity Policy: Contractor adopts and accepts as its operating policy the following statement: "It is the policy of this company to assure that applicants are employed and that employees are treated during employment without regard to their race, re- ligion, sex, color, or national origin. Such action shall include employment, upgrading, demotion, trans- fer, recruitment and recruitment advertising, termination, pay, and selection for training, includ- ing apprenticeship." (c) Equal Employment Opportunity Officer: Contractor shall designate and make known to the Engineer an Equal Employment Opportunity Officer capable of administering and promoting an active contractor program of equal opportunity who will be assigned adequate authority and responsibility to do so. (d) Dissemination of Policy: All members of Contractor's organization with authority to hire, supervise, promote, and terminate employees, or who recommend such action, shall be made fully cognizant of and shall implement the Con- tractor's Equal Employment Opportunity policy. The following actions shall be taken as a minimum: (1) Periodic meetings of supervisory personnel shall be conducted before start of work and at least once every three months for the purpose of reviewing and explaining the Con- tractor's Equal Employment Opportunity Policy and its implementation. The meetings shall be conducted by the Equal Employment Opportunity Of'iicer or other knowledgeable company officials. ,/ „ -z � gl,d iT 4 - Section 12 12 -2 Special Conditions 12 -01. Equal Employment Opportunity Conditions (Continued) (2) All new supervisory employees shall be indoctri- nated as to the Contractor's Equal Employment Opportunity obligations within thirty (30) days following their reportin -r for duty with the Contractor. (3) The Equal Employment Opportunity Officer or appropriate company official will instruct all employees enraged in recruitment and hiring as to the methods followed by the Contractor in recruiting and hiring minority group employees. (e) Recruitment (1) When advertising for employees, the Contractor shall include in all advertisements for employees the no- tation: "An Equal Opportunity Employer ". It shall insert all such advertisements in newspapers or other publications having a large circulation among :minority groups in the area from which the project work force would normally be derived. (2) If the Contractor does not restrict individuals who are hired as employees exclusively to those who are related by blood or marriage to persons possessing an ownership interest in the Contractor's business, in those cases where the Contractor is not precluded therefrom by a valid collective bargaining agreement, systematic and direct re- cruitment shall be conducted through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor shall, through his Equal Employment Opportunity Officer, identify sources of potential minority group employees and establish with such identified sources procedures whereby minority Troup applicants may be referred to the Contractor for employment consideration. (3) I:= the Contractor does not restrict individuals whc are hired as employees exclusively to those who are related by blood or marriage to persons possessing an ownership interest in the Contractor's business, the Contractor shall encourage present employees to refer minority group applicants for employment. Information and procedures with regard to referring *minority group applicants shall be provided to such employees. r. Section 12 12 -3 Special Conditions 12 -01. Equal Employment Opportunity Conditions (Continued) (f) Personnel Actions (1) Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrad -I promotion, transfer, demotion, layoff, and termina- t4on shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: a. The Contractor shall conduct periodic inspec- tions of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The Contractor shall periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. C. The Contractor shall periodically review selected personnel actions in depth to deter- mine whether there is evidence of discrimina- tion. Where evidence is found, the Contractor shall promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contractor shall investigate all complaints of alleged discrimination made to the Contractor in connection with its obligations under this contract, shall attempt to resolve such com- plaints, and shall take appropriate corrective action. If- the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon com- pletion of each investigation, the Contractor shall inform every complainant of all of his avenues of appeal. (g) Training and Promotion (1) If the Contractor does not restrict individuals who are hired as employees exclusively to those who are related by blood or marriage to persons possessing an ownership interest in the Contractor's Section 12 12 -4 Special Conditions 12 -01. Equal Employment Opportunity Conditions (Continued) business, programs designed to increase the skills of minority group employees and applicants for employment shall be promoted as follows: a. Consistent with his manpower requirements and as permissible under Federal and State regu- lations, the Contractor shall. make full. use of training pro; rams, such as pre- apprenticeship, apprenticeship, arid/or on- the -job training programs for the geographical area of contract performance. b. The Contractor shall advise employees and appli- cants for employment of available training programs and entrance requirements for each. c. Me Contractor shall pericdically review the training and promotion potential of minority group employees and shall. encourage eligible employees to apply for such training a'_1d promotion. (h) Unions (1) If the Contractor relies in whole or in part upon unions as a source of his work force, the Con- tractor shall use its best efforts to obtain the cooperation of such unions to increase .minority group opportunities within the unions, and to effect referrals by such unions of minority group employees. Actions by the Contractor., either directly or throu:Th a contractors' association acting as its agent, shall include the following procedures: a. Use its best efforts to develop, in cooperation with the unions, joint training prog-..nams aired toward qualifying more minority group members for membership in the unions and increasing* the skills of minority group employees so that they may qual:.fy for higher payinf emnloyr.,ie t. b. Use its best efforts to incorporate an Equal Employment Opportunity clause into all union agreements which defines responsibilities for non - discrimination in hiring, referral, ur- gradi.ng and training, and otherwise implement Section 12 Special Conditions 12 -01. Equal Employment Opportunity Conditions (Continued) 12_5 an affirmative anti- discr_'.mination pro?ram in terms of the union's specific areas of skill and geography, to the end that quali- fied minority workers will be available and given an equal opportunity for employment, and such unions will be contractuall;, bound to refer applicants without retard to their race, color, religion, sex or national origin. c. In the event a union is unable to refer appli- cants as requested by the Contractor within the time limit set forth within the union agreement, the Contractor shall, through its recruitment procedures, fill the employment vacancies without regard to race, color, religion, sex or national origin, ma'_:inq full efforts to obtain qualified minority group persons. (i) Subcontracting (1) The Contractor shall use its best efforts to utilize minority group subcontractors or subcontractors with meaninrf-ul minority group representation among their employees. (2) The Contractor shall use its best e= fo =,ts to assure subcontractor co-:,pliance with their Equal Emnloy- ment Opportunity obligations. (j) Notices and Posters Contractor shall make :mown its Equal Employment Oppor- tunity responsibilities under this contract by the f-olloWin:,r methods: a. Executed copies of the Contractor's "Fair E.nplovn!cint Practices Statep;ent° shall be: (1) conspicuously posted in all areas where job applicants and potential eminloyecs appear for purposes of gaining r employment by the Contractor, (2) conspicuously posted on all employee bulletin boards and in other areas where employees of tine Contractor con-re -ate, and (3) transmitted to each labor union or representative of workers with which the Con- tractor has a collective bargaining agreement or other contract or understanding, and to all other sources of employee -referrals, including schools and employmenc agenc es. Section 1.2 12-5 Special Conditions 12 -01. Equal Employment Opportunity Conditions (Continued) b. Posters containing the following wording shall be conspicuously posted in all areas where job applicants and potential employees appear for purposes of gaining employment by the Con- tractor: (dame of Co tractor) is an Equal Opportunity Employer.' c. The Contractor's Equal Employment Opportunity policy, as described in Section (b) shall be distributed in written form to all employees. (k) Fair Employment Practices Statement The Contractor shall execute the following Fair Employ- ment Practices Statement: "Fair Employment Practices Statement is an Equal Employment (idane of Contractor) Opportunity Employer, as such hasadopted the policy and will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry or national origin. On , (Date) was awarded a public ('dame of Contractor) Works contract by the Town of Los Gatos, a municipal corporation situated in the County of Santa Clara, State of California, for the work of Under said contract, (blame of Contractor) has agreed to comply with those Equal Employment Oppor- tunity Cond4t4.ons described in Section 3.2 -01 of the Contract Documents for said project, and has agreed, Sect-'.on 12 12 -7 Special Conditions 12 -01. Equal Employment Opportunity Conditions (Continued) among other things, that damages will be paid to the Town in the event it is found that the requirements of said Conditions have not been satisfied. Dated: Signed: (1) Records T The Contractor shall keep such records as are necessary to determine compliance with its Equal Employment O:por- tunity obligations under this contract. Such records shall be retained for a period of one year following completion of the project. Such records shall show: (1) The number of minority and non - minority group members employed in each work classification oil the project. (2) The efforts and progress being made in cooperation with unions to increase minority group employment opportunities. (Applicable only to contractors who -rely in whole or in part on unions as a source of their work force). (3) The efforts and progress being made in locatinT, hiring, training, qualifying, and upgrading minority group employees. (4) The efforts and progress being made in securing the services of subcontractors with meaninTful minority group representation among their employees. The above described records, together with the Contractor's records of employment, employment advertisements, appli- cation for.as, and other pertinent data shall, upon, request, be opened to inspection and copying by the Engineer or his authorized representative, or any other agency oi° the State of California designated by the Engineer, for purposes of investigating whether the Contractor has complied with the Equal Employment Opportunity con- ditions of this contract. Section 12 12 -5 Special Conditions 12 -01. Equal Employment Opportunity Conditions (Continued) (m) Reports ;etween the date of the award of the contract and the date of the con;nencement of wort: on the project, the Contractor shall, in conformity and compliance with the directions of the Engineer, submit to the Engineer a basic comrliance report which shall include the following: (1) The name, business address and telephone number of the Contractor's Equal Employment Opportunity Officer. (2) An executed copy of the Contractor's Fair Employ- ment Practices Statement. (3) A description of the Contractor's sources of potential employees, and the identity of the person or persons who have responsibility for determi.n in- ' who the Contractor will hire and whether or not to hire. (4) Such evidence as is required by the En- ineer, showing that the Contractor has notified all supervisors, foremen, and other personnel officers, in writin;, of the content of the Contractor's Equal Employment Opportunity policy. (5) Such evidence as is required by the rd neer shown -r that the Contractor has transmitted its "State,nen t of Pais Employment Practiccs�' to all sources of employee referrals. (5) Such evidence as is required by the E ?ri.neer showing that the Contractor has posted bulletins, posters, and the "Pair Employment Practices Statement" in the manner required by these Equal Employment Opportunity Conditions. The Contractor shall submit to the E ,;i.neer a monthly reno:ct for the first three (3) months after the com- - raencement of work on the rroject, and thereafter upon request by the En- ,.veer for the duration of the project, indicating tha nurv,er of !ni.nori.ty and iioin- mi.�loTity rrroup employees currently en-re ;red in sucll work ClaSSi.- fication required by the project. Section 12 12-9 Special Conditions 12 -01. Equal Employment Opportunity Conditions (Continued) (n) Breach: In the event the Engineer, as a result of supe-rvisin7 the Contractor's performance under the contract or after investigating a complaint by a third party, finds that the Contractor is or has been in violation of ;.ts agreement to comply with these Equal Employment Oppor- tunity Conditions, notice of such violations shall be filed with the Town Clerk of the Owner and liven to the Contractor by depositing same in the United States mail, postage prepaid, addressed to the last !mown business address of the Contractor, with return receipt requested. Not later than fifteen (15) days after the filing of said notice with the Town Clerk, a hearing shall be held by the Town Council of the Owner for the purpose of ascertaining whether the charges contained in the notice are true, and, if true, whether the Contractor has failed to make a reasonable and sub- stantial effort to comply with these Equal Employment Opportunity Conditions. Notice of the time and place of said hearing shall be given the Contractor not less than five (5) days prior thereto in the same manner as the notice of violations is given. During said hearin;, the Council shall receive and consider any evidence offered by the Engineer, the Contractor, and any third party. At the conclusion of said hearing, the Council shall determine the matter and its determination shall be final. If after the hearing above described the Town Council of the Owner determines that the Contractor has failed to comply with these Equal Employment Opportunity Conditions and has failed to make a reasonable and sub- stantial effort to comply with said conditions, the contractor shall be deemed in material breach of the contract. It is understood that the Omer will have suffered damage by virtue of said breach; and it being impractical and unfeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to Owner, as fixed and liquidated damages, and not as a penalty, the sum of One Hundred ($100.00) Dollars for each calendar day durin(7 which the contractor is found to have been in noncompliance. Such monies may be recovered from the Contractor and his surety. The Owner may deduct any such damages from monies due the Contractor. Section 12 12 -10 Special Conditions 12 -01. Equal Employment Opportunity Conditions (Cont=_nued) (o) Disqualification s-rom Future Contracts: A findin7 by the Town Council of the Owner that the Contractor has failed to comply with these Equal Employment Opportunity Conditions and has failed to make a reasonable and substantial effort to so comply, or a finding of willful violation of the nondiscrimina- tion provisions of the State of California Fair Employment Practices Act, or similar provisions of Federal law or Executive Order, in the performance of work on the project shall be deemed a basis for deter- mining the Contractor to be not a ?responsible bidderi� as to future contracts for which the Contractor may submit. bids. A finding of willful violation of the nondiscrimination provisions of the State of California. Fair Employment Practices Act shall be deemed to have occurred upon receipt by the Owner of written notice from the California Fair Employment Practices Com- mission that it has investigated and determined that the contractor has violated said Fair Employment Practices Act and has issued an order under Labor Code Section 1425, or obtained an injunction under Labor Code Section 1429. (p) Other Remedies: Nothing contained in these Equal Employment Opportunity Conditions shall be construed in any manner or fashion so as to prevent the Owner from pursui.n,* any other remedies that may be available at law or in equity.