HomeMy WebLinkAboutRESO 4144•
• ORIGINAL
RESOLUTION NO , 4144
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO AL
SETTING FORTH AFFIR MATIVE ACTION GUIDELI NES TO
PROMO TE EQU AL OPPO RTUNITY IN EMPLOYMENT ON CITY
CONTRACTS
WHEREAS, Sectio n 2 .30 .090 of the Palo Alto Municipal Code
provides that the C oun cil shall adopt sp ecific guideli nes ide ntify-
ing the natur e a nd scop e of "affi rmative action " desi red by the
City in the per fo rmance of city contra cts for the purpose of
ensurin g that applicants are sought and employ ed, and th at em-
ploye es are tr eated dur ing employment, with out reg ard to th ei r
race, color, n ational origin or ancestry, or religion, and
WHEREAS, the Counc il, with the assi stanc e of the Palo Alt o
Human Relations Council and intere sted group s and individuals,
has pre pare d a set of affirmative ac tion guidelines for approval
by reso lution pur suan t to Sec tion 2.30.090,
NOW, THEREFORE, the Council of the City of Palo Alto d oes
RESOLVE as follows:
SECT/ON 1. The Co uncil he reby approve s the a ffirmative
action guidelines attached hereto, as and for the A ffirmative
Action Gu ideline s r equire d by Section 2.30. 090 of the Pa lo Alto
Municipal Code.
SECT/ON 2. All of the Affirmative Action Guidelines adopted
in Sec tion 1 hereof sha ll apply to the contra ct unless o therwise
prov ided in the guidelines or unless the City Mana ger shall have
determined tha t one or mor e of then: is not applicable fo r reasons
set fo rth in Se ction 2.30. 090.
SECTION 3. Ths e xis tence of the Affirmative Action Guidelines
a ppr oved in Section 1 hereof shall not pre vent the City of Pa lo
Alto or any other person or pa rty from pursuing any o ther re me dy
available for the violation of the contract or for the violation
of o ther applicable la ws.
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SECTION 4. The Affi rmativ e Actio n Guidelines adopted in
Section 1 her eof shall apply to any cont ract the call for bids
for whi ch sh all be made fifteen (15) days after th e date h ereof.
INTRODUCED AND PASSED: July 22, 1968 .
A YES: Arnold, Beahrs, B erw ald, Cl ark, Comstock, Dias,
Gallagher, Pearson, Wheatley .
NOES: None.
ABSENT: Gullixson, Spa eth .
ATTE APPROVED:
RO* D AS TO FORM:
Cy Lttorney
l t,
2
ayo
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AFFIRMATIVE ACTION GUIDELINES
Adopt ed July 22, 1968 (R esol ution N o. 4144) by
the Council of the City of Pal o Alt o
Pursuant to Palo Alto Mu nicipal Code Section 2.30.090
A. PRE -AWARD PHASE OF CONTRACT:
1. In additio n to the C ertificate of Nondiscrimin ati on
requ ire d to be filed under Se ction 2 .30.090 of the Palo Alt o
Mu nicipa l Co de (hereinafter "PAMC "), the bidd er shall compl ete
a ques tio nnaire furnished by th e City setting forth th e affi rm a-
tive a ctions the bidder h as taken or will take to:
a. Rec ru it minorities in its location, f or all lev el s of
jobs.
b. Select methods a ssuring equal empl oyment oppo rtunity
for all persons.
c. Esta blis h a tr aining program fo r n ew hi res where
necessa ry to a ssure ample opportunity for the l ess
qua lified to no re fully qualify.
d. Provide a de qua te opportun ity for upg rading and fu rther
training to assure e qua l o ppor tunity in ad vanc em ent
and pro motio n.
e. Pro vide counse ling ser vice for a ll who may need help
to advance, espec ia lly newer employee s.
f. Educa te s upe rviso rs r egar ding nondisc rimination practi ces.
2. In addition to furaishing the comple ted questionnair e
calle d for under 1. above, each bidder for a co nstruction or ser-
vic e project within the City s hall submit the following information
for hims elf and subco ntractors. This informatio n shall constitute
the biddin g con tractor 's Mino rity Employment Pro gra m (he reinafter
Km EP") .
a. The estimate d total nu mber by job classification of
per sonn el who shall be u sed by the contractor an d each
subcon tractor in per for ma nce of the contra ct. The se
numbers sha ll inc lu de the e stimated breakdown of
mino rities to be used in ea ch classification. To the
be st e xtent possible the c ontractor shall estimate the
minority bre akdown by month for the life of the c on tra ct.
No estimate furn ishe d under this subparagr aph sha ll be
constru ed or en forced as a hir in g qu ota.
b. In pr epa ring the se estimates it is expected the bidder
will take, or agree to take , these additional ste ps to
a ss ure a ffirma tive action in the fie ld of minor ity
employment:
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(1) Recruiting for n eed ed h elp in the l ocal areas
inhabited by minority m emb ers, in cluding op en
adv ertising and use of vari ous established publi c
and p riv ate ag encies. (Lists and advi ce fu rnished
by th e P alo Alto Hum an Relatio ns C ouncil (h erei n-
afte r PAHRC) ] .
(2) Training those l ess qu alified to assu re adequ at e
promotional opportunities for all .
(3) Providing n ec ess ary counseling for upg radi ng,
including us e of out side training facilities in
this area . (Lists av ailable from the PAHRC .)
(4) Assigning an Equ al Employm ent Oppo rtunity (EEO)
c oor dinator fulltime or as additional duty and
a ssuring that all s up erviso rs are aware of the
responsibilities and th at union repres entatives
rec ognize their responsibilities in th e equal
e mployment program.
(5) Assu rin g tha t all subcontra cto rs a re in compli anc e
with the fe dera l a nd Cal: ornia st ate l aw s and
regula tions rela ting to nondisc rimination.
(6) W her e the contr ac t is of suffi cient duration,
as suring developme nt of a pprenti ceship progr ams
with union cooperation.
(7) Upo n re quest, furnishing the City a copy of the
latest Fede ral For m EEO -1, or e quivalent f orm.
(8) Providing the na me a nd addre ss of a ll suppliers
whose s upplie s and/or equipment excee d 5% of the
total s upply cost for each contra ct and subcontract
for the perfor mance of the con tra ct.
c. Any bidder not submitting an M EP s hall not be defined
as a "res ponsible bidder " a nd his bid shall be dis-
re garded in the ma nner now pre scribe d by the City.
d. The City Mana ger will analyze the MEP su bmitted by each
bidding con tr ac tor with the o bje ctive of deter mining
if the program submitted by the c on trac tor for himself
and his subcontractors presents a reaso nable effort to
further minority e mployme nt.
e. If the City Ma na ge r ha s que stions a bou t a pa rtic ular
bidder 's ?ropossal, he may address such ques tions to
the biCiuer. The City Mana ge r will be availa ble to
an swer questions re lative to the guidelin es and=to
adv ise those seekin g assistance of resource s kn own to
him. He shall not be re spon sible for the ser vice or
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lack of s ervice r endered by the resourc es re commended,
n or shall he be responsible for de veloping an MEP for
any bidder, or to s erv e as a re cruit er for any bidder.
f. Bidd ers shall be all ow ed to r evise their MEP after
consultation. If bidders withdraw their MEP for
revisio n, th eir revis ed program must be r es ubmitted by
a dat e whi ch shall be establish ed by th e City Ma nager.
Bidders failin^ to h ave th eir revised MEP submitted
by the established d ate shall not be cl assified as a
responsible bidder.
9.
The City Manage r, pursuant to the guidelines, shall mak e
a decision as to the r espo nsibility of each bidd er.
B. AW ARD PHA SE OF CONTRACT:
Upon award of the contract by the City, th e recipient's MEP,
which has been appr oved and accepted by the City, sh all be an
integral par t of the c ontrac t and subje ct to S ection 2.30.093 of
the PAMC. No con trac tor sha ll be deemed in material breach of
contract under PAM C Se ction 2. 30.093 when he has made a reaso nable
and substantial effo rt to comply with the MEP .
C. POST -AWARD PHA SE OF CONTRACT;
1. The co ntrac tor s hall post in conspi cuo us plac es, avail-
able to e mployees and applicants for e mployment, notic es to be
provided, se tting forth the law prohibiting discrimination and
a dvising a nyo ne who feels he is being discriminated ag ainst to
a dvise the City Manager and the FEPC.
2. The contrac tor sha ll make wr itten progress repo rts on
the pe rfo rmance of his MEP at inte rvals establishe d by the City
Manage r. The contractor , ho wever, is encoura ged to submit
written r eports as o ften and when he dee ms it re levant to his
MEP.
3. The City M anager sha ll monitor the per for manc e of the
MEP u ntil completion of the contra ct and will re port to the
PA HRC on the progress of the co ntrac tor in living up to his MEP.
4. Any qu es tions of possible breaching of MEP shall be
disc ussed with the c ontrac tor by the City Ma na ger.
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