HomeMy WebLinkAboutCity Council Resolution 494 RESOLUTION NO, 494
A RESOLUTION OF T~.~. CITY CO~CtL OF I]tE CITY OF SARATOGA
SETTING FORTH GUIDELINES TO IDENTIFY AFFIP,~ATIVE ACTION
TO BE TAKEN BY CONTRACTORS ON CITY PROJECT~ TO PROVIDE
FULL EMPLOYMENT OPPORTUNITY FOR .M'fMOR!TV INDIVIDUALS
~,~tEP~AS TT{E SARATOGA CI.TY COUNCIL did on April 16, 1969, adopt the report
of the Public Welfare Committee recommending enactment of a ~aratoga Affirmative
Action Fair Employment Ordinance; and
~.~.tEREAS THE CITY COL~CIL did nn August 6, 1969 adopt Ordinance 38,31 amending
the City Code by the addition of Chapter 15 relating to Public LYork~ Contractor~
and nondiscrimination in the performance thereof; and
W71EREAS said Ordinance 38,31, Imam as the Affirmative Action Ordinance
permits the City Council to adopt a resolution establishin[; gu]dellnes i{]entifying
the nature and scope of aff].rmative action desired by the city;
NOW, T~tEREFORE, BE IT RESOLVED that the Saratoga City Council does hereby
adopt the AFF. IRMATIVE ACTIOM GUIDELINES attached hereto; and
BE IT FURTI-~ER RESOL%~D that each contractor desiring to ~ubmit a bid
a city project must submit his Affirmative !~ction Program to the City T.~anager
no less than one week before the bid opening scheduled for the pro..~ect on
he plans to be designated a responsible bidder, except x. fi~en s~ec~f.~.ed 6then~!se
tn the notice to bidders; and
BE IT FURTMER t~.qOLVED THAT no bi~] will be opened at the schedu].ed
opening unless the Affimative Action Program submitted by the bidder has been
aDproved by the City Manager or, on appeal, by the CitV Council, prior to the
time established for the opening of bids,
The above and foregoing resolution was duly and regularly introduced and
passed by the City Council of the City of Saratoga at a regular meeting held
on the 17th day of September 1969 by the fol].o~..~ing vote:
AYES: Councilmen Dwyer, Sanders, Smith, ~ler
NOES: None
ABSENT: Councilman Robbins ~ '::"
A,TTEST:
CI~ CLERK
~FF:!.,PJ4AT~%,V.E A~T~I 9.N~ ~ID~!~NES
I. GENERAL STATEMENT
Under the provisions of Ordinance No. 38.31 each bidder on a City ?roject
must certify that he will pursue a course of affirmative action with regard
to employment of members of minority groups in accordance with these F, uide-
lines adopted by the City Council of Saratoga. Before a bidder will be
considered a responsible bidder under the terms of Section 15.2(7) (a) of
Ordinance 38.31, his Affirmative Action Program must be submitted to and be
approved by the City M~nager. Unless otherwise specified in the notice to
bidders each bidding contractor and each ~otential subcontractor ;.~ill submit
his Affirmative Action Program no less than one week before a scheduled bid
opening, The City Manager will review each program and approve it as sub-
mitted or return it to the contractor for revision. If the contractor's
Affirmative Action Program is returned to him for revision, he must resubmit
it no later than 48 hours prior to the bid opening. Should any .Affirmative
Action Program of any contractor or subcontractor be disapproved by the City
Manager~ the contractor or subcontractor may appeal to the City Council to
overrule the City Manager and approve the Affirmative Actio~z. Progra~ as sub-
sitted. To receive Council consideration such an appeal must be filed with
the City Manager prior to the time set for receipt of bids. No bids will be
opened until disposition of all pending appeals.
No Contractor's bid ~rill be opened unless his approved Affirmative Action
Program is on file with the City Manager the day before the scheduled bid
opening or his Affirmative Action Program is approved by the City Council
on appeal from the decision of the City Manager,
II, PROGRAM
The Affirmative Action Program is the contractor's action to improve employ-
ment opportunity for minority individuals. This program is not merely the
filing of certificates of non-discrimination but rather is the active parti-
cipation of the contractor, in cooperation with applicable unions and con-
tractor's associations~ providing actual Jobs and traintn~ for ~inority
individuals, The Contractor's Affirmative Action Program. is his pledge to:
(a) Recruit minorities in his location for all levels of Jobs, u~ing
open advertising and established public and private agencies.
(b) Assure equal employment opportunity for all persons.
(c) Provide training opportunity for all employees which will:
(1) Prepare new hires and those less qualified to more fully
qualify in required job skills.
(2) Encourage all employees to learn skills which ~tlt assure
them equal opportunity for advancement and promotion.
(d) Educate supervisors regarding non-discrimination practices.
(e) Use his best efforts to persuade trade associations and unions to
encourage and practice non-discrimination.
(f) Review his company's permanent personnel by Job classification to
determine the number of minority individuals in each classification
and present a tabulation of this review to the City ~anager, along
AFFIR.xL~TIVE ACTION GUIDELINES - Continued
with his plan of action to improve the opportunity for minorit~ Derson~
to become part of his permanent work force and to qualify for advance-
ment to positions r~quiring assumption of increased responstb~l~Ity an~]
use of advanced technical skills,
(g) Present to City }{anager an estimate of the total number, by ~ob cln~-
sification, of personnel who shall be u,qed by the contractor and each
subcontractor in performance of the contract, including in this estimate
a breakdozen of minorities to be used in each classification. ~Io estimate
furnished under t~is paragraph shall ~e construed or enforced a~ a ~irin~
quota.
(h) Provide necessa~, cormscling for uDgrading, including advice on the use of
outside trainiBg facilities in this area.
(i) Assign an em~toyee to coordinate equal employment efforts of ~uperv~s~rs
and union representatives,
(j) Assure t~at all subcontractors are in compliance with Federal and Calif-
ornia State la~s and regulations relating to non-discrimination.
(k) Develop apprenticeship program, ~ith union coo.~eration, on contracts of
sufficient size and duration to make program feasible.
III o PRE-AWARD COORDINATION
Upon receipt of the Contractor's A~firmative Action Program., the City ?~anager
will:
(a) Analyze the Program to determine if the program submitted by the con-
tractor for himself and his subcontractors represents a reasonable
effort to improve minority employment opportunity,
(b) Address any questions about the Affirmative Action Program to the bidder.
(c) Answer questions relative to the guidelines and advise those ~eeking
assistance of resources known to him,
(d) Make the final decision pursuant to the guidelines a~ to the respon-
sibility of each bidder,
IV, AFFIRMATIVE ACTION PART OF CONTRACT
The approved Affirmative Action Program shall be an integral part of the con-
tract and shall be subject to the provisions of Section 15-5 of the City Code.
No Contractor shall be deemed in breach of the contract tinder C~.ty Code ,qect~on
15-5 when he has made a reasonable and substantial effort to comply with the
Affirmative Action Program,
V, POST - AWARD
During the contract construction period, the contractor shall m~ke hi-weekly
written progress reports on his performance under his Affirmative Action
Program, The City ~anager shall provide the City Council with copies of the
Contractor's Affirmative Action progress report, and will pinpoint problem
areas for the Council's information and guidance, The City ~anager s~all
call to the contractor's attention, preferably by face to face discussion,
any questions of breach of the Affirmative Action Program prior to initiating
any punitive action,
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9/16/69