HomeMy WebLinkAboutReso 1977-8508
RESOLUTION NO. 8508
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND BAY CITIES AMBULANCE, INC. TO PROVIDE
PARAMEDIC SERVICES TO THE CITY OF CHULA VISTA AND
SPECIFIED ADJACENT AREAS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and BAY
CITIES AMBULANCE, INC., to provide paramedic services to the City
of Chula Vista and specified adjacent areas, dated thel5th day
of February ,1977, a copy of which is attached hereto and
incorporate erein, the same as though fully set forth herein be,
and the same is hereby approved.
BE IT FURTHER RESOLVED that the City Manager of the City of
Chula Vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
~~\
Lane F. Co , ity Mana r eorge Lind erg, City Att ey
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 15th day of February , 1977 ,
by the following vote, to-wit:
AYES: Councilmen Hobel, Hyde, Cox, Scott, Egdahl
NAYES: Councilmen None
ABSENT: Councilmen None
~ .r- <~ Mayor of the Cit of Chula Vista
ATTESTL>Lc.t. ,,~~~
Ci y lark
L,
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I~ City Clerk of the
City of Chula Vista, Ca i ornia, DO HEREBY CERTIFY that the above is
a full, true and correct copy of Resolution No. , and that the
same has not been amended or repealed. DATED
City C er
AGREEMENT TO PROVIDE PARAMEDIC
SERVICES TO THE CITY OF CHULA VISTA
AND SPECIFIED ADJACENT AREAS
This Agreement is made and entered into this 15th day of February ,
1977, by and between the City of Chula Vista, a municipal corporation, herein-
after called "City/Contractor" and Bay Cities Ambulance, Inc., a corporation
hereinafter called "Sub-Contractor".
W I T N E S S E T H
WHEREAS, the County of San Diego has responsibility for ensuring the
delivery of quality emergency medical services and County and the Public Health
Service of the United Department of Health, Education and Welfare, here-
inafter referred to as "HEW", have negotiated Grant #09-H-00581-02-0 MS H36-C
for expansion of Emergency Medical Services in San Diego County; and
WHEREAS, subject grant includes funding for paramedic training services;
and
!~lHEREAS, County, City/Contractor and other parties including Sub-Contractor
have entered into a Memorandum of Understanding regarding paramedic services;
and
WHEREAS, the City/Contractor has been designated by the County to supply
subject services; and
WHEREAS, Sub-Contractor possesses professional qualifications to provide
specified contingent services;
NOUI THEREFORE, the parties do mutually agree as follows:
1. Term - This Agreement shall commence upon execution of this document
and extend two (2) years from the activation date of paramedic services unless
otherwise stipulated below.
Page 1 of 7
2. Administration - City/Contractor designates the City Manager,
276 Fourth Avenue, Chula Vista, California 92010, or his designated repre-
sentative to administer the Agreement on behalf of the City/Contractor.
Sub-Contractor designates 0. Stephen Ballard, President, Bay Cities
Ambulance, Inc., 642 Third Avenue, Chula Vista, CA 92010, or his designated
representative to administer this Agreement on behalf of the Sub-Contractor.
All reports, proposals, letters, notices and/or other correspond-
ence shall be sent to the attention of the designated representatives at
their respective addresses.
3. Service Area - Responses to calls for emergency medical assistance
shall be made in a territory consisting of the incorporated limits of the
City of Chul-a Vista, and the adjoining boundaries of the Bonita-Sunnyside
Fire Protection District and the Montgomery Fire Protection District. Total
service area equals approximately thirty-two (32) square miles and includes
some 116,000 residents.
4. City/Contractor Furnished Equipment and Services - Subject to per-
formance by the Sub-Contractor in a manner acceptable to the City/Contractor,
City/Contractor as an agent of the County agrees to provide to the Sub-Contractor
the following:
A. One Mobile Intensive Care Unit (hereinafter MICU) and certain
items of medical equipment described by * on Attachment B.
B. Necessary communication equipment to operate the paramedic
service as described by * on Attachment B.
5. Sub-Contractor Furnished Personnel and Equipment - Subject to
performance in a manner acceptable to the City/Contractor, Sub-Contractor
agrees to:
Page 2 of 7
A. Maintain and operate one fully equipped and supplied MICU
available for providing paramedic services seven (7) days a
week, twenty-four (24) hours per day on a year-round basis
in accordance with criteria established by San Diego County.
B. Staff the MICU with one qualified driver at all times and
respond to all emergency medical requests in the assigned
service area.
C. Provide all medical equipment items for two (2) additional
ambulances as described by ** in Attachment B, Page:.2
D. Maintain and replace as needed all relevant medical equipment
items contained in Attachment B.
6. Other Sub-Contractor Responsibilities - Sub-Contractor further
agrees to:
A. Maintain the MICU ambulance in a fully operational condition.
B. Notify the City/Contractor immediately whenever any condition
exists which adversely affects providing satisfactory ambulance
service.
7. Independent Contractor - Sub-Contractor is, for all purposes arising
out of this Agreement, an independent Contractor, and no employee or agent of
Sub-Contractor is, for any purpose arising out of this Agreement, an employee
of the City/Contractor.
8. Interest of Sub-Contractor - Sub-Contractor covenants that he
presently has no interest, including but not limited to, other projects or
independent contracts, and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of services
Page 3 of 7
required to be performed under this Agreement. Sub-Contractor further covenants
that in the performance of this Agreement no persons having any such interest
shall be employed or retained by Sub-Contractor under this Agreement.
9. Compensation and Fee Schedule - This is a no-cost Agreement.
City/Contractor will make no reimbursements as a result of this Agreement.
User charges for emergency care by Sub-Contractor shall conform to Chula Vista
City Council Resolution No. 8062 (Rates for Ambulance Service). Billing shall
be made directly to citizens utilizing the service.
10. Modifications and Extensions - The Agreement may be modified at any
time by the written consent of the parties. This document, however, fully ex-
presses all understandings of the parties concerning the matters covered herein.
No addition to or alteration of the terms of this Agreement, and no verbal
understanding of the parties, its officers, agents or employees, shall be
valid unless made in the form of a written amendment to this Agreement, and
duly approved and executed by the parties' authorized representatives.
11. Property Title - Title to expendable property whose cost was borne
in whole by the County of San Diego under this Agreement will remain vested in
the County upon termination of this Agreement.
12. Assignability - The Sub-Contractor shall not assign any interest in
the Agreement, and shall not transfer any interest in the same without prior
written consent of City/Contractor thereto.
13. Termination and Default -
A. This Agreement may be terminated for any reason by either
party giving sixty (60) days' written notice to other party's
Page 4 of 7
designated representative, except as defined in "13.B" and
"14" below.
B. City/Contractor may terminate this Agreement for default upon
five (5) days' written notice if Sub-Contractor breaches this
Agreement or if Sub-Contractor refuses or fails to timely perform
any of its duties under this Agreement.
14. Termination of HEW Award - In the event of termination prior to
June 30, 1977, by HEW of subject award with County, funding provided to Sub-
contractor under this Agreement shall likewise terminate at such time. In the
event of such termination, City/Contractor shall immediately inform Sub-
contractor's representative by telephone and confirm such termination in
writing.
15. Indemnity - Sub-Contractor agrees to indemnify and hold harmless
City/Contractor, its officers, agents and employees from and against all loss
or expense (including costs and attorney's fees) due to bodily injury, personal
injury, professional/medical malpractice, including death at any time resulting
therefrom, sustained by any person or persons or on account of damages to property,
including loss or use thereof, arising out of or in consequence of the performance
of this Agreement, provided such injuries to persons or damages to property are
due or claimed to b~ due to negligence of the Sub-Contractor, its officers,
agents or employees. Sub-Contractor shall have workers' compensation coverage
for its employees under this Agreement.
16. Affirmative Action - City/Contractor and any subcontractors performing
under this Agreement shall comply with the Affirmative Action Program for Vendors,
Page 5 of 7
as set forth in Article III (commencing at Section 84) of the San Diego County
Administrative Code. A-copy of this Affirmative Action Program is included as
Attachment C.
17. Records - Sub-Contractor shall maintain accurate books and accounting
records relative to this Agreement. Such books and records shall be open for
inspection and/or copying at any reasonable time by the City/Contractor's
designated representative(s), the Auditor of the County of San Diego, HEW, or
their designated representatives.
18. Reports -
A. Sub-Contractor shall comply with the ambulance report system
of San Diego County by completing a Prehospital Report Form
on every call made by the MICU or ambulances.
B. Sub-Contractor shall be responsible for submission of completed
Prehospital Report Forms on the first and fifteenth of every
month to the:
Department of Public Health
County of San Diego
Division of Emergency Medical Services (D-222)
1375 Pacific Highway
San Diego, California 92101
19. Attachments - The following attachments incorporated herein are
part of this Agreement:
A. Criteria for Agency approval to provide paramedic services.
B. Medical and communication items to be provided in each MICU.
C. Affirmative Action Program for Vendors.
Page 6 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed by their duly authorized representatives.
BAY CITIES AMBULANCE, INC.
~~ ~ ~~ 1
BY
,,
CITY OF CHULA VISTA
BY
Page 7 of 7
ATTACHMENT A
CRITERIA FOR AGEt•~CY APPROVAL TO PROVIDE PARAMEDIC SERVICES
1. Offer 24-hour, 365-day service.
2. Agree to provide sufficient manpo~•rer for 24-hour service.
3. Be selected by a local jurisdiction as the agency to provide
paramedic services for that jurisdiction.*
4. Agree to abide by County Paramedic Program Standards.
5. Agree to respond only to emergency calls.
6. Insure that a back-up system of basic life support will be available
to the Mobile Intensive Care Units.
7. Enter into mutual aid agreements ~•~ith adjoining paramedic units.
8. Guarantee a maximum response time of I5 minutes in rural areas and
10 minutes in urban areas,
9. Agree to continuing education responsibilities as established by
the program.
10. Insure that paramedic services will continue to be provided as
- stipulated for a minimum of two years following certification.
Il. Submit a feasible plan of promotability (vertical ladder) to
provide incentive for paramedics to remain in the program.
12. Cooperate ~•~ith the County in the provision of field internship
locations for future classes.
* local jurisdiction -- cities districts authorized to provide
emergency medical services.
ATTACHMENT B
Page 1
*SiJPPLZED BY EMERGENCY MEDICAL SERVICES
Minimum ~f
Per ve hicle
Non-Disposable Items
1.
2. ABS Trauma Box
Backboard (spine board set short) 2
1 each
each
3 Defibrillator (combination scope
. and defibrillator) 1 each
1 each
4.
5 Drug Box
Hare traction splint (adult) 1 each
.
6. Hare traction splint (pediatric) 1 each
7. Mast Suit (received) (Standard anti-shock
airpants) 1 each
8 Resuscitator - Robert Shaw with aspirator 1 each
.
9. Scoop stretcher 1 each
10. Splints: Instaform Vacuum (set of 5
individual splints) 1 set
11. Splint: Instaform Vacuum-hand pump 1 each
12. Splint: Instaform Vacuum Velcro straps:
1"x18"; 1"x24"; 1"x30"; 1"x36" 1 each
13. Splint Instaform Vacuum-Repair Kit 1 each
Communications:
1. Handie Talkie 1 each
2. Mobile Radio ~ 1 each
3. COR telemetry Radio and Battery Charger 1 each
ATTACHi9ENT B
Page 2
**SUPPLIED BY BAY CITIES AMBULANCE
Minimum ~~
__._. Non-Disposable Items per Vehicle
1. Ambu Bag (Laerdal Resusci Folding Bag
II complete with case) 1 each
2. Bandage Scissors (7 1/4" Stainless) 2 each
3. Bedding top-sheet 1 set
4. Bedding-bottom sheet 1 set
5. Bedding-pillow case 1 set
6. Bedding- pillow (cot ambulance) 2 each
7. Bedding- blanket (cot blanket - med. gray) 2 each
8. Blankets - Disposable (KCD disposablanket) 1 package
9. Blood pressure cuff - adult 1 each
10. Oral Airways (package of six assorted
sizes) 1 package
11. Bite sticks - Ipistick 1 box
12. Burn sheets 1 box
13. Cardboard splints - combination 12", 18",
24" splints 1 package
14. Cotton applicators 1 box
15. Cold Packs - Kwik Kold 2 boxes
16. Emesis basin (disposal) 6 each
17. Gloves (sterile) 2 each
18. OB Kit 2 each
19. Oxygen Mask (clear Vinyl with 84" tube) 3 each
20. Nose prongs (nasal cannula vinyl with
tube) 3 each
21. Connective tubing (Oxygen soft plastic
tubing 84") 6 each
22. Urinal 1 each
23. Bedpan 1 each
ATTACHR1EtJT B
Page 3
*~~* & ** SUPPLIED BY BAY GENERAL COMMUNITY HOSPITAL
Minimum 4~
Non-Disposable Item.G per vehicle
1. Blood pressure cuff - pediatric 1 each
2. Electrodes (long term 4 electrodes
per package) 1 box
3. Electrode Wires (40" long life) 2 sets
4. Esophageal airway (Kit) 2 each
5. Hemostats (Kelly 5 1/2" straight) 2 each
6. Laryngoscope - Hook on handle 1 each
7. Laryngoscope - Adult Curved stainless
steel blade, size 4 1 each
8. Laryngoscope - Adult (straight chrome
blade, size 4) 1 each
9. Larynogoscope - child (straight chrome
blade, size 3) 1 each
10. Laryngoscope - Infant (straight chrome
blade, size 2) 1 each
11. Rotating tourniquets 1 set
12. Sandbags (assorted sizes) 1 set
13. Stethoscope (Bard Parker Duosonic) 2 each
14. Thermometer - Oral 2 each
15. Thermometer - rectal 2 each
16. Magill Tonsil Forceps 1 each
17. Adhesive tape (1/2"x 10 yards) 2 rolls
18. Adhesive tape (1"x 10 yards) 2 rolls
19. Adhesive tape (2"x 5 yards) 2 rolls
20. Alcohol Swabs (100 swabs per box) 1 box
21. Armboard: Long 6 each
22. Armboard: Short 6 each
23. Bandages:
_ - a. 4"x4" - sterile 1 box
b. 5"x9" 2 trays
c. Gauze Rolls - 4"x5 yards - Kerlix,
Kling 2 packages
d. Elastic Bandages (3"x5 yards) l box
e. Eye patches (oval eye pads) 1 box.
f. Triangular bandages 1 packages
g. Bandaids (3/4" x 3") 1 box
24. Cardboard Splints - Arm 6 each
25. Cardboard Splints - leg 6 each
26. Electrode Paste "EKG Sol" 2 bottles
27. IV Administration Sets: Plexitron
Macrodrip 12 each
Plexitron Microdrip 6 each
Plexitron rlicro drip with Volutrole 6 each
28. Nasogastric Intubation Set-up 18fr. 48" 1 each
29. Needles:
IV scalp vein - 19 gauge 8 each
IV scalp vein - 21 gauge 6 each
IV scalp vein - 23 gauge 6 each
IV cannula - medicut - 18G 8 each
IV cannula -- medicut - 16G 6 each
IV cannula - medicut - 20 6 each
- Bay General Community Hospital -2
Non-Disposable Items - continued
Needles:
' IM 21Gx1"
S.C. 23 G. x 3/8"
Vacutainer Needles 21 G. x 1"
30. Penlights - disposable
31. Razors
32. Scalpels
33. Suction catheters (14fr.)
34. Tourniquets (1/2" Penrose Tubing)
35. Vacutainer Holders
36. Vacutainer Tubes
ATT~ICH~~ENT B
Page 4
Piinimum 11
per vehicle
6 each
4 each
4 each
Z packages
2 each
2 each
3 each
2 each
2 each
6 each
ATTACHMENT "C"
ORDINANCE N0. 4721 (NEW SERIES)
AN ORDINANCE TO AMEND SECTIONS A4 THROUGII
84.16 OF THE SAN DIEGO COUNTY ADMINISTRATIVE
CODE AND TO ADD SECTION 84.17 TO SAID CODE
RELATI".1G TO TIfE AFFIRt4ATIVE T,CTIOtI PROGRAM
FOR VEN7ORS
The Board of Supervisors of the County of San Diego do
ordain as follows:
Section 1. Section 64 of the San Diego County Administrative
Code is hereby amended to read:
Section 84. AFFIIt~L~TIVE ACTION PROGRAM. This article
establishes an Affirmative Action Program to require vendors
of the County of San Diego and their subcontractors on County
contracts to take affix!native action to improve employment
of minorities ar.d wo:~~en in their work forces.
Thy goal of the Atfirmative Action Program, with respect
to minorities, shall be the attainment of the condition of.
each vendor's work force such that the employment of Mexican-
A,:.ericsns, Blacks, Filipino/.\sian/Orientals and American
Indians at all levels of the vendor's work force, for all
activities, at the beginning of the fifth year of the program
is arpri•xircatrly equal to the proportion of such minority
in the local labor market of the. County of San Diego.
Tha acal :, `_ this Affirmative Action Program, with respect
to women, shall be the. atLrinmunt of t_he condition of each
ve.^.dor's work force such that the employment of women at all
levels of the vendor's work Force, fur all activities, at the
beginnin7 of thr fifth year of the prr+gr,tm is approximntoly
ecual to the proportion of women in the local labor market of
the Ccur.ty of San Diego.
":othinq centair.ed within this ordinance shall be constructed
to promote sexual discrimination.
Section 2. Section 94.1 of the San Diego County Administrati~
Code is hereby amended to read:
Sectio^ S4.1. DF.PINITIO"?S. Unlzss a provision of a contract
otherwise reyuires, these decinitions govern the construction
of this Article:
(a) "Contract" means a purchase order, offer and acceptance,
lease, anreemont or other arrannement creating an obligation to
which th~~ uu^.ty is a p,u't}• ~ehich would bring one of the• parties
within the~d.~finition of a vendor.
(b) "Subcontractor" means any person who agrees with
any vendor who has a contract with the County of San Diego
to furnish supplies, goods or services to such vender with
respect to such contract.
(c) Contract documents" means any doer^ent or arouD
of documcn~s which constitute or form a parr of a contract.
(d) "Perscn" means any individual, fire, COD3rtnerS~:iD,
joint. venture, association, social club, fraternal organiza*_ion,
corporation, estate, trust, receiver, syndicate, county (other
than the County of San Cieyo), city and county, ci`_y, m.:^.ic'_cal
corporation, district or other political subdivision, Dr an
other group or combination acting as a unit.
(e) "Vendor" means all persons who provide, cr offer to
provide to thu County, labor, cyuipment, materials or ..ervices
of any kind or type, pursuant to a purchase orde_ from.cthe
Purchasing Agent o.` the County or pursuant to a contract awarded
by the Board of Supervisors; service cor,tracto*s per`_„rcinc
services for the Cc~.:nt_•; all tanks or institutic,.., w~ic.`. r_~eive
money for do-posit from the County other than t`~e TreasurAr; a!1
persons who lease property or i~yuihn<,nt from the C~,u:,ty; ar.d .: 11
persons who receive grant monies pursuant to a contract awarded
by the Board of Supervisors.
(f) "Competent" means possessir,a the renuisite abilities
and skills to perform the duties and tasks required of the
posit:i.on.
(q) "Minority" means a male or female member of the following
racial or ethnic groups: Blacks, t4exican-T,mericans, Anezican
Indians, and Filipino/Asian/Grientals.
(h) "Women" means female human beings.
(i) "Local labor market" means the entire San Dieco
County labor market.
(j) "Good Faith Efforts" means efforts made in sincerity
and with genuine purpose to hire and/or promote minority and
women employees when opportunities exist for employment ar.d for
promotion. Goou faith efforts are evidenc^d by the ver.dcr `a?:inq
the positive steps and procedures set forth in Section c4.9 to
recruit, employ, train, upgrade and retain minorities an9 xo-.en
and also by including the specific, detailed documentation
in instances of failure.
Section 3. Section N4.2 of the San Diego County F.dmini-
strative Code is hereby amended *_o read:
-2-
6/22/16 (2)
5==='_... _t._. .,....,'AL GOALS. The Board of Supervisors
shall -_._______- _. _-sr_~~`_ion, for each of the five incremental
cell years, ___._. ... nionrit~• and women employment for vendors,
with „~_.. _ _.._ ~_.n^ _ _ercentage of the minority and women
proor.r~:-~ -• - ~,,~,.,r ~~•~~ fnr chat year. Annual calendar
ear _ .._. .. _._ _ _~'_•lis!Zed for subsequent years, as necessary,
i f pa_ _ _ ~!• . =, - - . ~n _ _ - -!,.mod h}• *_he f i f *_h year.
~e,t>.or; 4. ~,trnn 84.3 of the San Diego County Administrative
Cede is ~ar~_ _.-_..._~? to _~ad:
_~...._.. .4. 3. :SCORPORA^ION BY RF.FERENCF.. Each vendor
and s.,b~.,^=rs_t:= c`_ t!:e Cou^ty shall be required to make good
faith ~-:_.._ts to ,... _ ~~ith the Program. This Program shall
be ... __.__ . :e`er:•nce ir. all vendor contracts. A vendor
whcj.. ...._ __ ••'_~ .:tth the pro•:•isions of this Article shall
be inali~,bla _~ receive an, contract from the County during
the per _ ~ ° _ _ •: ac =or ^cnr.~r•.pl lance.
Section 5. ~ection 34.4 of the San Diego County Administrative
Code is ..___ _.. ._.n ded t^ re.'.a:
Section 84.4. SCPPLEMENTARY RULES. In order to implement
this ?_..-ra:~, the 9usrd of Supervisors may from time to time
adopt ~•: r~_selutio:: suc!z rules and regulations as it deems
reasona,la a::d necessar}'.
Sa.~tion 6. Section 84.5 of the San Diego County Administrative
Code is ..__a1;v a^ended to read:
Sa.-tiers 84. ~. _?S~,Li, SJOF FORCF.6. Vendors and subcontractors
who ha:e s r- !r ;;.xid ~:ork force of fourteen (19) or less
persons a!e cxampted from compliance with this Article.
Exe-,;:lion is Granted upon vendor's verification of work force
si=~•.
Section 7. Section 84.6 of the San Diego County Administrative
Code is harehv a:r,:nda° to recd:
Sect;;^ 34.6. C'(~P1FLI4V.^F; WITH FEDEFL\L AND STATE LAW.
(a) Each ve•r.dor shall submit certification of compliance
with U:: ~iv~1 P.'.•'.::~ Art of 1~G4, Executive Orders 11246 and
11]75, t.. ~ E.-.i.3! F - 'io}^~er,t OpportuniCy Act of 1972, Department
of Labor P.eculations, the G,lifornia Fair Employment Practice
Act, .~zl:_-. ._.j i.3bor ., F,•cti,~n 1777.5 and any other
a_r'_:~~_:. .. _. _11 ~a? St.atr lat;c -and regulations hereinafter
enar_•r_. __ __ficatio.^. st:ali be on farms to be provided
ti. ..,.
,. :.?t:., :n. ~':,"• prwi~i~_,n. in this Article,
may _.,__._ ~ .. , .. + r;icr ~r .:h•~ !..~> an aCfirnwtive action program
sut,st,nnti.ll __.._._~_ont with .!io oLjectiv~=s of this Article
which is approved by an agenc}• of the Federal Government
shall be deemed to be in compliance with the provisions of ±his
Article upon furnishing documentary evidence of such approval
satisfactory to the Contract Compliance Coordinator. Loss of
such approval shall be immediatel;~ reoorted by such vendor or
subcontractor to the Contract Compliance Coordinator.
Section 8. Section 34.7 of the San Diego County Ad.•ainistrative
Code is hereby amended to read:
Section 84.7.' CO'^.PLIA":CE WITH AFFIRMATIVE ACTIOti PROGRAM
(a) Each vendor shall have on file with the County
certification of compliance with the provisions o.` this affix-!alive
action program. This form, to be provided by the Cou.^.t~, 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 calendar year 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 calendar 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 prcara.:.
Upon request, the County will supply this list of prospective
vendors.
(d) Any vendor who does not meet the cuzrent ogle.^.dar
year 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 ef'.ective
date of this Article has not tended to mc•r_t the current calendar
year goals established for this affirmative action program.
(e) No employer will be required to discharge any employee
in order to increase the number of minorities and women.
Section 9. Section 84.8 of the San Diego County Administrative
Code is hereby amended to read:
Section 89.8. COMPLIANCE DY SUDCUNTRACTORS. Each sub-
contractor shall be required to comply with this Article in the
same manner as the vendor unless the subcontractor is cart of
a group exempted by a resolution implementing this Progra^.
Each subcontractor not exempted by said resolution, shall submit
to the vendor a certificate that the subcontractor •~ill co-.ply_ with
the provisions of the affirmative action. urograc. This fcr-r, tc
be provident by thrT !'ount.y, shall incl.ud•~ an Er^.;:loyr~ent G~.a ~.,_
certification of the auth•.~nt icily of pr~•scnt cr~.t~loyment data, ands
an ,nlrr,•m,~nt tc~ m::kc~ goo,i f.:it!t ~r,Corts to :'.~•~~ t':~ curren_
-3- -"-
calendar year 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 a time limit set forth in a resolution
implementiny this Article.
Section 10. Section 84.9 of the San Diego County
Administrative Code is hereby amended to read:
Section 84.9. COUNTY OF SAN DIEGO AFFIRMATIVE ACTION
PLAN - AFFIR_~IATIVF. ACTION EFFORTS. GOOD FAITH COMPLIANCE.
The County of San Diego adopts the followiny 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 cmhloymcnf opi~ortunitics available and shall maintain
records of the organizations' responses.
(b) The vendor shall maintain a file of the names and
addresses of each minority applicant and woman 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 b}• the vendor, the ve.ndor's file should document this
and the reasons therefor.
(c) The vendor shall notify the County's Contract Compliance
Coordinator when the union or unions with whom the vendor has a
collective bargaining agreement have not referred to the vendor a
minority or woman 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 coals.
(d) The vendor shall participate in affirmative action
training proyrams 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 nanual, by publicizing it in company newspapers,
annual rcnc,rts, and other company publications, by conducting
sta`.f, errployo,: and union representatives' meetings to explain
and discuss the policy, by posting the policy, and by specific
review of th.- policy with minrrit~• ;u rd women eml~loyecs.
(f) The vendor shall disseminate the vendor's affirmative
notice. polio}• e~tcrnally by informing and discussing it with
all recruitment sources, h}• advertising in news media, specifically
ir.cludie.7 minority noes media, b}• notifying and discussing it
with all local minority and ~aomcn's ornaniratirnrs and subcontractors,
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(g) The vendor shall make specific and constant personal
written and oral recruitment efforts directed at alI local
minority and women's organizations, schools with minority and
women students, minority and women recruitment organizations,
and minority and women training organizations.
(h) The vendor shall make specific efforts to encourage
present minority and women employees to recruit their friends
and relatives.
(i) 1'he vendor shall insure that all employee specifications,
selection requirements, tests, and other employee recruitment
or evaluation procedures do not discriminate against minorities
and women in application or effect.
(j) The vendor shall make every effort to provide after
school, summer and var-ation employment to minority youths.
(k) Where reasonable, the vendor shall develop on-the-job
training opportunities and participate and assist in any association
or employer group training proyrams relevant to the vendor's
employee needs.
(1) The vendor shall continually inventory an3 evaluate
all minority and women personnel for promo±ion opportunities
and encourage minority and women 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 minority or women employees.
(n) The vendor shall make certain that all facilities
normally used concurrently by all employees and all comaariy
activities are, nonsegregated.
(o) The vendor shall continually monitor all personnel
activities to insure that this County of San Dingo Affirmative
Action Plan is being carried out.
(p) The vendor shall solicit hinds for subcontracts from
minori-ty ::ut,conCrac Wes and wn:nen subcontractors depending upon
availability, including notification of minority and wor^en
contractor groups and associations.
The vendor's and subcontractor's commitment to attain the
current colcndar yc.rr yr,,rls of minority and wom,_n utilization
as required by the affirmative action orocran shall ce~st_`_::~e
a commitment to make good faith efforts *.o ..~r,et said ,;°firr.a`ive
action program gnr,ls. if a vendor or sub~ontra^tr;r has failed
therein, "good faith" cornpliar.cc will be determined ty the extent
of vendor or subcontractor efforts, in accordance with the Cou^tv
of San Diego Affirmative Action Plan, to merit the affirmative
action program yo.,1n.
Section 11. Section 64.10 of the San Diego County
Administrative Code is hereby amended to read:
Section 84.10. SUBMISSION OF AFFIRMATIVF, ACTION PLANS.
(a) An }• vendor may submit to the County Contract Compliance
Office 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 affirmative action plan must include
an analysis of all major job categories within the vendor's
work force, with a notation if minorities or women are currently
being underutilized in any one or more job categories. In making
the work force anal}'s is, the vendor shall conduct such analysis
separately for minorities and women.
(c) The vendor's affirmative action plan must include
coals and timetables for proiected minority and women 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
minorities and women.
{d) The vendor shall submit a certification of compliance
with the Cour.tv's Affirmative Action Program for Vendors together
with its affirmative action plan.
Section 12. Section 89.11 of the San Diego County Administrative
Code is hcrrby anu•nded to read:
Section 84.11. VENDORS DUTIES.
(c) Vendors shall also demonstrate compliance on the
contract by submitting evidence of minority and women 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 sub-
contractors 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 contrac*_ 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 conies of
the notice in conspicuous places accessible to e:ployees
and applicants for employment.
(e) The inability of the vendor to recruit and hire
competent personnel. of minority and women 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 monitorinq_ the
vendor's affirmative action program, shall be established by
the County and rcportiny yuidclines will be set forth in a
resolution adoptiny rules and regulations for irple^entina
this Article. The vendor shal]. hr required to cec.;;ly with
such reportiny procedures. 'fh~~ vr,ndor shall royuire and submit
similar information from the Vendor's subcontractors.
Sectir,n 1.1. ;r•ction 84.12 of the San Dingo County
Administrative Code. is hereby amended to read:
Section 84.1.2. PAiLUPE r)F' VrNDOR TO CO'1PLY 14ITH PF.OGRA.M.
(a) If the vendor's minority and women work forces and the In the event that the vendor has failed to meet the current
distribution of such work forces by general classification are calendar year goals, or otherwise fulfill the County of San
equal to or exceed the current calendar year goals by general Diego Affirmative Action Plan for co:nulying with the affi mative
classification as established for each year of the affirmative action program, and desires to present evidence that failure
action program, the vendor will not be reyuirod to demonstrate to comply or mrat such goals was through r.o fault o.' the ve-:dor,
the rffurts r~.a,4r in refrr.•n~•r to upnrading, dr°motion or transfer; but wns dur• to on in.bility tai obtain r_ompet~nt minority or
recruitment or recruitment advertising; layoff or termination women employees, after making all good faith efforts to do so
for an}' poriod during which the vendor reaches or exceed the from sources such as public advertisements, unions, emplo}-r.ent
established goals. or uthr•r ~nt~•nci,•u r.ip.iLle r, f. prr,vidin•1 o-;uch ,,mplr,yr-r_a, thr•
vendor shall submit written evidence as required by the County
(b) The vendor shall maintain and permit access to upda*_ed that said vendor has made such good faith efforts ar.d that
emplo}'mont. rr.~ords and information with respect to all employees competent minority and women employees have not been available
directly or indirectly performing work under the County contract, by such means.
in accordance with the direction of the County, setting forth
the distribution of personnel and members of all minority
and w;~e^ arcups tr;• classification, including information relating
Co apprentices and crain,•rs.
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Section 14. Section 84.13 of the San Diego County
Administrative Code is hereby amended to read:
Section 84.13. CORRECTING VIOLATIONS. After a finding
by the Centract Compliance Coordinator 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 Contract Compliance Coordinator 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 Contract Compliance Coordinator, the
vendor found to be in violation shall meet with the Contract
Compliance Coordinator 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 Contract
Compliance Coordinator 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 second notice within seven (7) days after
receipt of such notice, unless an extended period is permitted
in writing by the Contract Compliance Coordinator, the
Contract Compliance Coordinator 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.
Section 15. Section 84.14 of the San Diego County
Administrative Code is hereby amended to read:
Section 84.14. SANCTIONS. Upon a finding by the
Contract Compliance Coordinator that a vendor or subcontractor
has violated any portion of this Article, the Contract
Compliance Coordinator 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 contracts until the vendor
has demonstrated to the satisfaction of the Contract Compliance
Coordinator that said vendor has made a good faith effort to
improve minority and women 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 aw:r3 of any ccntra.t within unr year from such finding,
unless earlier approved by the Board of Supervisors.
(b) Terminate the entire contract effective at a tine
specified by the Contract Compliance Coordinator.
(c) Terminate any portion of the contract or work thereunder.
(d) find that any subcontractor to the vendor in violation
of the affirmative action program is not a responsible party to
a County contract and may refuse to contract with ary vendor
performing County contracts, until the subcontractor has demon-
strated to the satisfaction of the Contract Compliance Coordinator
that the vendor has made a ,,^ood faith effort to improve ninority
and women employment and will comply with the affirrative action
program in effect at the time of any future contracts; in no
event shall said subcontractor be eligible to participate in ary
County contract within one year from such finding unless earlier
approved by the Board of Supervisors.
Section 16. Section 84.15 of the San Diego County Adminis-
trative Code is hereby amended to read:
Section 84.15. INTENT OF BOARD OF SUPERVISORS. Zt is the
intent of the Doard of Supervisors to enact each provisio.^. 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.
Section 17. Section 84.16 is hereby amended to the San
Diego County Adminis±rative Code to read:
Section 84.16. NOTICE OF VIOLATION AND IMPOSITION OF
SANCTIONS. In any case where the Contract Compliance Coordinator
has made a finding that a vendor is in violation of this Article
and has imposed any of the sanctions authorized by Section 84.14,
the Contract Compliance Coordinator 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 explana*_ion of the reasons
for such action, the statutory 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 sur_h action.
A copy of the notice shall also be sent to any subcontractor of
the vendor who the Contract Compliance Coordinator has made a
finding that such subcontractor is in violation o' the provisions
of this Article.
Section 18. Scctien 84.17 of the San hicgo County Adr±miais-
trati_ve Code is hcrebv addca t~ read:
Section 84.17. AP1'EAI, P[2<?CE~UIiI:.
(a) A vendor or subcontractor who has received the notice
required by Section 84.16 may, prior to the effective date set forth
in such notice, file an appeal in writing with the Clerk of
the Board of Supervisors. Such appeal shall set forth the
reasons wh}~ the action of the Contract Compliance Coordinator
should not have been taken. Failure of the vendor or subcon-
tractor to appeal prior to the effective date set forth in such
notice, shall make the action taken by the Contract Compliance
Coordinator final.
(b) L'pon receipt of the vendor's or subcontractor's
written appeal, the Clerk of the Board of Supervisors shall
within fifteen (15) days from such receipt set a hearing on
the appeal before the Board of Supervisors. Such hearing shall
be set at a time no more than thirty (30) days from the date
that the Clerk receives the written appeal. The Clerk shall
notify b}• mail the Contract Compliance Coordinator and vendor
or subco*ttractor of the time and place set for said hearing.
Pending hearing and decision of the Board of Supervisors, the
effect of action of the Contract Compliance Coordinator shall
be stayed.
(c) At the hearin.l on thr appeal before the Doard of
Supervisors, the Contract Compliance Coordinator and vendor
or subcontractor may present evidence relating to the action
taken by the Contract Compliance Coordinator in the notice.
Upon completion of the presentation of the evidence the Doard
may affirm; modify or overrule the action of the Contract
Cc^pliance Coordinator. Thr decision of the Bard shall be
final.
Section 19. This ordinance shall take efEcct and he in
force thirty (30) days after the date of its passage; and
before the expiration of fifteen (15) days after its passage
it shall be published once with the names of the members
voting for and against the same in the San Diego Uaily Transcript,
a newspaper of yeneral circulation published in the County
of San Diego.
PASSED, APPROVED, AND ADOPTED this 22nd day of June, 1976.
_ _-LEE TAYLOR
Chairman of the Board of Supervisors of
the County of San Diego, State of California
~,~p;rp yc Tr F^HY. PYD IFGP.IItY
/~ _~ -11-
5
....
The above ordinance was adopted by the following vote:
Supervisor Jack Walsh voting "Aye"
Supervisor Dick Brown voting "Aye"
Supervisor Lou Conde voting "Aye"
Supervisor Jim Bates voting "Aye"
Supervisor Lee Taylor voting "Aye"
ATTEST my hand and the seal of the Board of Supervisors this
22nd day of .]une, 1976.
PORTER D. CR°1L4*IS
Clerk of the Board of Supervisors
By Irene Cuss
Deputy
(SEAL)
TUESDAY, APRIL 6, 1976
~o. 3
RESOLUTION APPROVING AND ADOPTING ADMINISTRATIVE
PROCESSES PERTINENT TO TI!E AFFIRMATIVE ACTION
PROGRA.~! FOR VENDORS OF THE COUNTY OF SAN DIEGO
0~ MOTION OF Supervisor Conde , seconded by
Suvervisor Walsh , the following resolution is adopted:
RESOLVED, by the Board of Supervisors of the County of San Diego,
State of California, that:
!c`!EREAS, b}~ Jr3inance No. 4490 (Ne~v Series) this Board amended
Article IIIk of the Administrative Code of the County of San Diego,
which provides for an Affirmative Action Program for Vendors; and
:;l1EREAS, it is necessary for this Board to adopt rules and regu-
lations in order to implement this Program, including the process of
a.'_^:inistration of the Affirmative Action Program for Vendors; and
HH~REAS, the said Affirmative Action Program for Vendors makes
provision for exempting certain vendors and their suppliers of mate-
rials from compliance with the program; and it is the desire of this
9oard to set forth the conditions under which these vendors and
suppliers are exempted from compliance with the Program; and
!iH°R~:.aS, this Hoard has previously (Board of Supervisors' ref-
erences 1/23/73 (84), 4/1/75 (4) and 8/5/75 (63)J approved and adopted
axe-.otions from the Affirmative Action Program as well as administra-
tive procedures relating to such program; and
A'HEREAS, it is necessary for this Board to amend such Rules and
~, ~.z~,.::3tiJ:15 imp lemanting tha Affirmative Action Program;
~ ~
~`~` XOiP, THE REFC~RF., IT IS IiF.REBY ORDERED AND DETERMINED THAT
- Y • \.
'Exhibit "A", attached, setting forth rules and regulations, is
s~-
d
__ _~ hereby approved and adopted by this Board.
PASSED AND ADOPTED by the Board of Supervisors of the County
of San Diego, State of California, this 6th day of April, 1976, by
the following vote:
AYES: Supervisors Walsh, Conde, Bates and Taylor
NOES; Supervisors None
ABSENT: Supervisor Brown
STATE OF CALIFORNIA ) as.
l:ounty of San Diego )
I, PORTER D. CREMANS, Clerk of the Board of Supervisors of the County o! San Die~c,
State of California, hereby certify that I have compared the foreete~ulary w!.h t:^e
original resolution passed and adopted by said 9oard, at a ~
meeting thereof, at the time and by the vote therein stated, which orlgir.al resc'_u:'_~^.
is now on file in :~ office; that the same contains a 11111, true and correct :rsracri,t
Lherel'rom and of the whole thereof.
Wltnr.ns my hand and the ecnl of said Beard of Supervisors, this 6th day
of (~,~,~ 1976
A~f,TF72 D. CRI]MN;
Cler'~ of the 9oard of Superv'_scrs
~' Irene Cuss
_e ~: .
S EAI.
C. Withdrawal of Exemptions. Exemptions set forth in this
resolution may be withdrawn pursuant to a recommendation of the
Assistant Chief Administrative Officer, Human Resources, and a find-
ing by the Board of Supervisors that the exemption is having a
substantial and adverse effect on the purpose of the Affirmative
Action Program.
D. Reports. Reports are required semi-annually for vendors
during which there is a performance under a contract. These reports
shall be submitted to the Contract Compliance Coordinator on forms
provided by the County and will be due by the tenth of the month
following the semi-annual reporting period. These reports may be
made on other than County forma if they are deemed by the Contract
Compliance Coordinator to contain the required information.
E. Annual Requalification. Prior to January 1 of each succeed-
ing year of the Program's operation, vendors will be required to
certify conunitment to increased annual goals. TI~e Contract Compliance
Office will mail requalification forms to vendors by mid-November.
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D_L-rY
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