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(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)
After a finding by the Director that a vendor or subcontractor has failed to file with the County all forms or reports required by this Article while operating under a County contract or has committed a violation of any applicable State or Federal law concerning equal employment practices, the Director shall serve written notice of such violation on the vendor. The vendor shall be responsible for notifying any subcontractor involved in such violation. Upon request by the Director, the vendor found to be in violation shall meet with the Director in order to determine a method of correcting the violation and the time period within which such remedy shall be effected. If the remedy is not agreed upon within ten (10) days of the above notice, the Director shall prescribe the method by which the violation shall be corrected and shall notify the vendor in writing of such method. The vendor shall be responsible that said vendor's subcontractors correct their violations.
If the vendor has not corrected the violation in the manner prescribed by such notice, unless an extended period is permitted in writing by the Director, the Director shall make a finding that the vendor is in violation of this Article and shall impose one or more of the sanctions provided in this Article.
(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. 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)
Upon a finding that a vendor or subcontractor has violated any portion of this Article, the Director shall impose one or more of the following sanctions:
(a) Find that the vendor is not eligible for the award of any contracts or any future contract until the vendor has demonstrated to the satisfaction of the County that said vendor has made a good-faith effort to improve disabled employment, and will comply with the Affirmative Action Program in effect at the time of any future contracts; in no event shall the vendor be eligible for award of any contract within one year from such finding, unless earlier approved by the Board of Supervisors.
(b) Terminate the entire contract effective at a time specified by the County.
(c) Terminate any portion of the contract or work thereunder.
(d) Find that any subcontractor to the vendor in violation of this Affirmative Action Program is not a responsible party to a County contract and may refuse to contract with any vendor performing County contracts, until the subcontractor has demonstrated to the satisfaction of the County that the vendor has made a good-faith effort to improve disabled employment and will comply with the Affirmative Action Program in effect at the time of any future contracts; in no event shall said subcontractor be eligible to participate in any County contract within one year from such finding unless earlier approved by the Board of Supervisors.
(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. 10574 (N.S.), effective 12-13-18)
It is the intent of the Board of Supervisors to enact each provision of this Article independent of every other provision and therefore, should any part or language or any provision in this Article be declared invalid, the remaining provisions of the Article shall be of full force and effect.
(Added 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. 8836 (N.S.), effective 11-6-97; amended by Ord. No. 10574 (N.S.), effective 12-13-18)
In any case where the Director has made a finding that a vendor is in violation of this Article and has imposed any of the sanctions authorized by this Article, the Director shall mail or deliver to the vendor affected at least ten (10) days prior to the effective date of such sanction, a written notice which includes a statement of the action, a concise explanation of the reasons for such action, the basis relied upon for such action and an explanation of the vendor's right to appeal such action to the Board of Supervisors before the effective date of such action. A copy of the notice shall also be sent to any subcontractor of the vendor if the Director has made a finding that such subcontractor is in violation of the provisions of this Article.
(Added 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. 6512 (N.S.), effective 2-17-83; 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)
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