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(a) Each vendor shall have on file with the County certification of compliance with the provisions of this Affirmative Action Program. This form, to be provided by the County, shall include an Employment Data Sheet, certification of the authenticity of present employment data, and an agreement to make good-faith efforts to meet the current goals as part of the contractual obligations.
(b) This certification and employment data, if approved, will be kept on file for the remainder of the current year of the County's program and will be acceptable for such term.
(c) The County will maintain a current list of vendors and subcontractors who have been found by the Board of Supervisors to be in noncompliance with the Affirmative Action Program. Upon request, the County will supply this list of prospective vendors.
(d) Any vendor who does not meet the current minimum level goals of this Affirmative Action Program may be determined to be in noncompliance with this Affirmative Action Program if employment records show that hiring subsequent to the effective date of this Article has not tended to meet the current goals established for this Affirmative Action Program.
(e) No employer will be required to discharge any employee in order to increase the number of disabled persons.
(Amended by Ord. No. 4490 (N.S.), effective 5-1-75; amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 5099 (N.S.), effective 3-16-78; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
Subcontractors shall comply with this Article in the same manner as vendors unless any subcontractor is exempted. Each subcontractor not exempted shall submit to the vendor a certificate that the subcontractor will comply with the provisions of the Affirmative Action Program. This form, to be provided by the County, shall include an Employment Data Sheet, certification of the authenticity of present employment data, and an agreement to make good-faith efforts to meet the current goals of the Affirmative Action Program as part of the contract. The apparent successful vendor shall provide to the County these required certificates for all subcontractors within the prescribed time limit.
(Amended by Ord. No. 4490 (N.S.), effective 5-1-75; amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 7833 (N.S.), effective 12-13-90; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
The County of San Diego adopts the following County of San Diego Affirmative Action Plan, which sets forth those good-faith efforts to be undertaken by a vendor in complying with the Affirmative Action Program:
(a) The vendor shall notify local organizations that the vendor has employment opportunities available and shall maintain records of the organization's responses.
(b) The vendor shall maintain a file of the names and addresses of each disabled applicant referred to the vendor and what action was taken with respect to each such referred applicant. If such applicant was not sent to the union hiring hall for referral, or if such applicant was not employed by the vendor, the vendor's file should document this and the reasons therefor.
(c) The vendor shall notify the Director when the union or unions with whom the vendor has a collective bargaining agreement have not referred to the vendor a disabled worker sent for by the vendor or the vendor has other information that the union referral process has impeded the vendor's effort to meet the established goals.
(d) The vendor shall participate in affirmative action training programs in the area, especially those funded by the County, State and Federal governments.
(e) The vendor shall disseminate the vendor's Affirmative Action Policy within the vendor's own organization by including it in any policy manual, by publicizing it in company newspapers, annual reports, and other company publications, by conducting staff, employee and union representatives' meetings to explain and discuss the policy; by posting the policy, and by specific review of the policy with disabled employees.
(f) The vendor shall disseminate the vendor's Affirmative Action Policy externally by informing and discussing it with all recruitment sources, by advertising in news media, specifically including disabled persons' news media, by notifying and discussing it with all local disabled persons' organizations and subcontractors.
(g) The vendor shall make specific and constant personal written and oral recruitment efforts directed at all local disabled organizations; schools with disabled students; disabled persons' recruitment organizations; and disabled persons' training organizations.
(h) The vendor shall make specific efforts to encourage present disabled employees to recruit their friends and relatives.
(i) The vendor shall insure that all employee specifications, selection requirements, tests, medical examinations, and other employee recruitment or evaluation procedures do not discriminate against disabled persons in application or effect.
(j) The vendor shall make every effort to provide after school, summer and vacation employment to disabled youths.
(k) Where reasonable, the vendor shall develop on-the-job training opportunities and participate and assist in any association or employer group training programs relevant to the vendor's needs.
(l) The vendor shall continually inventory and evaluate all disabled personnel for promotion opportunities and encourage disabled employees to seek such opportunities.
(m) The vendor shall make sure that seniority practices, job classifications, rates of pay and other forms of compensation, and other employee practices and classifications do not have an unlawfully discriminatory effect on disabled employees.
(n) The vendor shall make reasonable accommodation to the known physical or mental limitations of a qualified disabled applicant or employee including job restructuring, part-time or modification of equipment or devices, the provision of readers or interpreters, and other similar actions unless the vendor can demonstrate that the accommodation would impose an undue hardship on the operation of the program.
(o) The vendor shall make certain that all facilities normally used concurrently by all employees and all company activities are nonsegregated, and accessible to and usable by disabled persons.
(p) The vendor shall continually monitor all personnel activities to insure that this County of San Diego Affirmative Action Plan is being carried out.
(q) The vendor shall solicit and maximize the utilization of disabled-owned businesses as subcontractors depending upon availability, including notification of disabled contractor groups and associations.
The vendor's and subcontractor's commitment to attain the current goals of disabled utilization as required by the Affirmative Action Program shall constitute a commitment to make good-faith efforts to meet said Affirmative Action Program goals. If a vendor or subcontractor has failed therein, "good-faith" compliance will be determined by the extent of vendor or subcontractor efforts, in accordance with the County of San Diego Affirmative Action Plan, to meet the Affirmative Action Program goals.
(Amended by Ord. No. 4490 (N.S.), effective 5-1-75; amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 5099 (N.S.), effective 3-16-78; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 6779 (N.S.), effective 6-7-84; amended by Ord. No. 7359 (N.S.), effective 9-17-87; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 8915 (N.S.), effective 7-3-98, operative 7-3-98; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
(a) Any vendor may submit to the Director for review and approval a written Affirmative Action Plan developed by the vendor in lieu of adopting the County's Affirmative Action Program.
(b) The vendor's or subcontractor's Affirmative Action Plan must include an analysis of all major job categories within the vendor's work force, with a notation if disabled persons are currently being underutilized in any one or more job categories. In making the work force analysis, the vendor shall conduct such analysis separately for disabled persons.
(c) The vendor's or subcontractor's Affirmative Action Plan must include goals and timetables for projected disabled employment on a line by line (job title) basis. Goals and timetables must be designed to correct any identifiable deficiencies. Where deficiencies exist and where numbers or percentages are relevant in developing corrective action, the vendor shall establish and set forth specific goals and timetables separately for disabled persons.
(d) The vendor or subcontractor shall submit a certification of compliance with the County's Affirmative Action Program for Vendors together with its Affirmative Action Plan.
(Amended by Ord. No. 4490 (N.S.), effective 5-1-75; amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 5099 (N.S.), effective 3-16-78; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 6779 (N.S.), effective 6-7-84; amended by Ord. No. 7359 (N.S.), effective 9-17-87; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 8915 (N.S.), effective 7-3-98, operative 7-3-98; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
(a) If the vendor's disabled work forces and the distribution of such work forces by general classification are equal to or exceed the current goals by general classification as established for each year of the Affirmative Action Program, the vendor will not be required to demonstrate the efforts made in reference to upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination for any period during which the vendor reaches or exceeds the established goals.
(b) The vendor shall maintain and permit access to updated employment records and information with respect to all employees directly or indirectly performing work under the County contract, in accordance with the direction of the County, setting forth the distribution of personnel and members of all disabled groups by classification, including information relating to apprentices and trainees.
(c) Vendors shall also demonstrate compliance on the contract by submitting evidence of disabled employment by general classification of both permanent and temporary employees. The County may exempt from the Affirmative Action Program those facilities of the vendor and the vendor's subcontractors not involved in performance under the County contract.
(d) The vendor shall send to each labor union, worker representative or employment agency with which such vendor has a collective bargaining agreement or other contract or understanding, a notice, in the form to be provided or approved by the County, advising said group of the vendor's commitments under this Article, and shall post copies of the notice in conspicuous places accessible to employees and applicants for employment.
(e) The inability of the vendor to recruit and hire competent personnel of disabled groups from unions, employee representatives or employment agencies shall not exempt the vendor from complying with this Affirmative Action Program except as provided in Section 84.12.
(f) Reporting procedures, for purposes of monitoring the vendor's Affirmative Action Program, shall be established by the Director and reporting guidelines will be set forth adopting rules and regulations for implementing this Article. The vendor shall be required to comply with such reporting procedures. The vendor shall require and submit information from the vendor's subcontractors.
(g) The vendor shall assure that the disabled are not discriminated against in receiving any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered, leased or rented, or otherwise acquired in whole or in part, with Federal or County assistance. This shall include making reasonable accommodation to the known physical or mental limitations of otherwise qualified disabled applicants and employees, as stated in Section 84.9 (n) and (o) of this Code.
(Amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 5099 (N.S.), effective 3-16-78; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
In the event that the vendor has failed to meet the current goals, or otherwise fulfill the County of San Diego Affirmative Action Plan for complying with the Affirmative Action Program, and desires to present evidence that failure to comply or meet such goals was through no fault of the vendor, but was due to an inability to obtain competent disabled employees, after making all good-faith efforts to do so from other sources such as public advertisements, unions, employment or other agencies capable of providing such employees, the vendor shall submit written evidence as required by the County that said vendor has made such good faith efforts and that competent disabled employees have not been available by such means.
(Amended by Ord. No. 4490 (N.S.), effective 5-1-75; amended by Ord. No. 4721 (N.S.), effective 7-22-76; amended by Ord. No. 5099 (N.S.), effective 3-16-78; amended by Ord. No. 6050 (N.S.), effective 6-11-81; amended by Ord. No. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
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