HomeMy WebLinkAboutReso 1977-8509
RESOLUTION NO. 8509
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND BAY GENERAL COMMUNITY HOSPITAL 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
GENERAL COMMUNITY HOSPITAL, to provide paramedic services to the
City of Chula Vista and specified adjacent areas, dated the 15thday
of Februar ,1977, a copy of which is attached hereto and incor-
porate 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
~~ ~ ~ ~.~,
ne F. Co e, City Mana r Georg Lindberg, City Att ney
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
Mayor of t e City o Chula Vista
ATTESTl /G ~ '~'
City C erk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, City Clerk of the
City of Chula Vista, Cali~nia, 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same has not been amended or repealed.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 Clerk
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, hereinafter called
"City/Contractor" and Bay General Community Hospital, a non-profit 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 States Department of Health, Education and 4Jelfare, hereinafter 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
WHEREAS, 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;
NOW 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 oi:her-
wise stipulated below.
Page 1 of 6
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 the Administrator, Bay General Community
Hospital, 435 H Street, 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 correspondence
shall be sent to the attention of the designated representatives at their re-
spective 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 Chula 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. Sub-Contractor Furnished Personnel and Equipment - Subject to per-
formance in a manner acceptable to the City/Contractor, Sub-Contractor agrees to:
A. Staff one (1) provided Mobile Intensive Care Unit (MICU) with
at least two (2) paramedics, seven (7) days a week, twenty-four
(24) hours a day on a year-round basis.
For purposes of this Agreement, paramedics shall be individuals
certified by the County's Health Officer to operate as paramedics
i:n San Diego County pursuant to Section 1480 et. seq. of the
Health and Safety Code.
B. Insure that all certified paramedics complete continuing education
as required by the County of San Diego.
Page 2 of 6
C. Provide all medical equipment items for one (1) MICU as
described by * ** in Attachment B, Pages 3 and 4
D. Maintain and replace all relevant medical equipment items
contained in Attachment B.
5. Other Sub=Contractor Responsibilities - Sub-Contractor further
agrees to:
A. Provide suitable protected facilities for housing the MICU
ambulance.
B. Notify the City/Contractor immediately whenever any condition
exists which adversely affects providing satisfactory ambulance
service.
6. 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.
7. 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
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.
8. Compensation and Fee Schedule - This is a no-cost Agreement.
City/Contractor will make no reimbursements as a result of this Agreement.
Hospital charges for emergency care by Sub-Contractor shall conform with Bay
General Community Hospital's normal fee schedule for special procedures (e.g.,
Paae 3 of 6
injections), modified downward to include only the direct cost of supplies,
physicians' fees and a portion of personal compensation. Billing shall be made
directly to citizens utilizing the service.
9. 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.
fJo 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.
10. 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.
11. 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.
12. 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
designated representative, except as defined in "12.B" and
'7 3" 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.
Page 4 of 6
13. 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.
14. 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 be due to negligence of the Sub-Contractor, its officers,
physicians, .agents or employees. Sub-Contractor shall have workers' compensation
coverage for its employees under this agreement.
15. Affirmative Action - City/Contractor and any subcontractors performing
under this Agreement shall comply with the Affirmative Action Program for Vendors,
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.
16. 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.
Page 5 of 6
17. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed by their duly authorized representatives.
BAY GENERAL COMMUNITY HOSPITAL
~,
BY
CITY OF CHULA VISTA
BY.
Page 6 of 6
ATTACHfrEI~T A
CRITERIA FOR AGEffCY APPROVAL TO PRO'lIDE P!'~RAfr,EDIC SERVICES
1. Offer 24-hour, X65-day service.
2. Agree to provide sufficient maripo~•rer for 24-four 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.
5. Insure that a back-up system of basic life support gill be available
to the flobile Intensive Care Units.
~. Enter into mutual aid agreements ~•~ith adjoining paramedic units.
8. Guarantee a maximum response time of 15 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 tGVa years follo~~ring certification.
11. Submit a feasible plan of promotability (vertical ladder) to
provide incentive for paramedics to remain in the program.
12. Cooperate ~•ritl~ the County in the provision of field internship
locations for future classes.
* local jurisdiction -- cities, districts authorized to provide
emergency medical services.
1
ATTACHMENT B
Page 1
*SUPPLIED BY EMERGENCY 2•SEDICAL SERVICES
Minimum ~1
Per vehicle
Non-Disposable Items
2 each
1.
2. ABS Trauma Box
ine board set short)
Backboard (sp' 1 each
3. Defibrillator (combination scope 1 each
and defibrillator)
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
. 1 each
8 airpants)
Resuscitator - Robert Shaw with aspirator
~
. each
9. Scoop stretcher
10. Splints: Instaform Vacuum (set of 5
1 set
individual splints) 1 each
11. Splint: Instaform Vacuum-hand pump
12. Splint: Instaform Vacuum Velcro straps:
"
" 1 each
x36
1"x18"; 1"x24"; 1"x30"; 1
13. Splint Instaform Vacuum-Repair Kit
1 each
Communications:
1 each
1. Handie Talkie 1 each
2.
3. Mobile Radio
COR telemetry Radio and Battery Charger 1 each
r~
**SUPPLIEB BY BAY CITIES AriBULANCE
ATTACHi1ENT B
Page 2
Minimum /P
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 task (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.
E Bedpan 1 each
ATTACHf~E~~T B
page 3
~** & ** SliPPLIED BY BAY GENERAL COM;tUNITY HOSPITAL
Non-Disposable Items
Minimum ~
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
S. hemostats (Kelly 5 1/2" straight) 2 each
6. Laryngoscope - Hook on handle 1 each
7. Laryngoscope - Adult Curved stainless
steel b-lade, size 4 1 each
8. Laryngoscope - Adult (straight chrome
blade, size 4) 1 each
9. I,arynogoscope - child (straight chrome
blade, size 3) 1 each
10. Laryngoscope - Infant (straight chrome
blade, size 2) 1 each
31. Rotating tourniquets 1 set
12, Sandbags (assorted sizes) 1 set
13. Stethoscope (Bard Parker Duosonic) 2 each
14. Thermometer - Oral ~ 2 each
1S. Therniometer - 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. S"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 22 each
Flexitron ,iicrodrip 6 each
Plexitron *iicro 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
ATTl1CNtiENT B
~~ - Bay General Community Hospital -2 Page 4
Minimum Id
Non-Disposable Ztems - continued ~ per vehicle
Needles:
IM 21 G x 1" 6 each
S.C. 23 G. x 3/8" 4 each
Vacutain er Needles 21 G. x 1" 4 each
30. Penlights - disposable 2 packages
31. Razors ~ 2 each
32. Scalpels 2 each
33. Suction cat heters (14fr.) ~ 3 each
34. Tourniquets (1/2" Penrose Tubing) 2 each
35. Vacutainer Holders 2 each
3b. Vacutainer Tubes 6 each
ATTACHMENT "C"
ORDINANCE NO. 4721 (NEW SERIES)
AN ORD NANCE TO AMEND SECTIONS A4 THROUGH
84.16 OF THE S:1N DIEGO COUNTY ADMINISTRATIVE
CODE A`1D TO ADD SECTION 84.17 TO SAID CODE
RELi,TIDIG TO TIIE AFFIRh1ATIVE T,CTION PROGRAM
FOR l'E\Dc~RS
The Board of Supervisors of the County of San Diego do
ordain as follows:
Section 1. Section 84 of the San Diego County Administrative
Code is hereby amended to read:
Section 34. .4F'I'IIt~L4TIVE 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 affirmative action to improve employment
of minorities and women in their work forces.
Thy goal of the Affirmative Action Program, with respect
to minorities, shall be the attainr:ent of the condition of.
each vender's work force such that the employment of Mexican-
A.:.ericar.s, Blacks, Filipino/:1si.an/~rientals and American
Indians at all levels of the vendor's work force, for al]
activities, at t11e beginning of the fifth year of the program
is a;~prcxi:ratc~ly equal to the proportion of such minority
in the local labor markot of the County of San Diego.
'I'ha goal o° this Affirmative Action Program, with respect
to wog:en, shall be the. att,rinmcnt of r_he condition of each
ve.^.dor's work force such that the employment of women at all
levels of the vendor's work Force, for all activities, at the
Dsginnin7 of thr fifth year of the prcxtr,~m is appreximatoly
equal to the prcuorticn o`_ women in the local labor market of
the Ceur.ty of San Diego.
`:othinq contained 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:
Section S4.1. DEFINITIO95. [!n less a provision of a contract
otherwise requires, these definitions govern the construction
of this Article:
(a) "Contract" means a purchase order, offer and acceptance,
lease, agreement or other arrangement creating an obligation to
which the .'ou^.ty is a p.:rty which would bring onu of the parties
within the .i~~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 vendor with
respect to such contract.
(c) Contract documents" means any do^L~^.,ent or arouo
of documcn~s w!r ch conat.itutc or form a parr_ of a ror.tract
(d) "Perscn" means any individual, fire, cooartners':in,
joint venture, association, social club, fraternal organizar_ion,
corporation, estate, trust, receiver, syndicate, county (other
than the County of San Diego), city and county, city, sc^.ic'_pal
corporation, district or other political subdivision, or an:
other group or combination actir;y 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 order _': o^: t`:e
Purchasing Agent of the County or pursuant to a contract awarded
by the Board of Supervisors; service contractors ner`„r^inq
services for the Co~.rnty; all :,ar.'r.s or insti*_utior.s which ::_eive
money for deposit from the County other thin the Treasurer; all
persons who .loose property or cyui[,.^unt from thr_ C~,ur:ty; ar.d all
persons who receive grant monies pursuant to a contract awar~'ed
by the Board of Supervisors.
(f) "Competent" means possessing the requisite abilities
and skills to perform the duties and tasks required of the
positicn.
(g) "Minority" means a male or female member of t!:e `ollowing
racial or ethnic groups: Bla•_Y,s, `^exican-7,mericans, ?nerican
Indians, and Filipino/Asian/Gri^_ntals.
(h) "Women" means female human beings.
(i) "Local labor market" means the entire San Dieco
County labor market.
(j) "Good Faith Efforts" Weans efforts r^,ade in sincerity
and with genuine purpose to hire and/or promote minority and
women employees when opportunities exist for employment ar.d _'oz
promotion. Gooci faith efforts are evidenced by the ver.dcr taking
the positive s ups .and procedures set forth in Sectica c-1.4 to
recruit, employ, train, upgrade and retain minorities and women
and also by including the specific, detailed documentation
in instances of failure.
Section 3. Section 84.2 of the San Diego County F.dmini-
strative Code is hereby amended to read:
-2-
6/22/76 (2)
Se=~=.. •. _ ._. ~....,:AL GOALS. The Board of Supervisors
shall _-_____=. _ _.____tion, for each of the five incremental
coal _ _.rs, ___s ..: a;onrity and women employment for vendors,
with Sll=: __.a L__.^.q _ ~rr~nt3QE of the minority and women
prooc " ~~~nr c~-~~ Fnr that year. Annual calendar
year ..__ .. _._ _ __.._iished for subsequent years, as necessary,
if psr_ ~~.,_. -- -.~~,_:.a,.hed h}• the fif*_h year.
Se,'ion 4. .o:trnn Fa.3 of the San Diego County Administrative
Cede is .._- _. ..:?~? to _, ad:
_"., __.. ? }. ?. ISCORP0R7~^ICN BY RF.FERENCF.. Each vendor
and sc~c~~'rs_t_r c`_ '_':e County shall be required to make good
fa±th ~:___ts .o ... ;kith the Program. This Program shall
be _. _ _ . _ _. _ ~ . . ~'er:~nce i r. all vendor contracts. A vendor
whey... .~_ -_ ?} .:nth the provisions of this Article shall
be ir:aii~~bis ~,. rec•_ive an contract from the County during
the per:-? __ t•er.'or ..cnr.~^.pliance.
Section 5. section S4.4 of the San Diego County Administrative
Cod C' ~S .._-'~~~;~ _...._nfl nr! 4n re ~.i~
Section 84.4. SCPPLEMENTARY RULES. In order to implement
this =_.._rs:~. the 9oard of Supervisors may from time to time
adop^_ ~• resolution such rules and regulations as it deems
reasona:,ia aa1 necessary.
Secti~~n 6. Section 8a.5 of the San Diego County Administrative
Code is .._rabv a^ondod to read:
Se.-tion ua. ~. '..\i,i, WO F: FORi'F.S Vendors
who ha':~ a r- r ;:aid ~.ork force of fourteen
persons are cxampted from compliance with this
Exec,ptic.. is Granted upon vendor's verification
siz,•.
which is approved by an agency of the Federal Government
shall be deemed to be in compliance with the provisions of this
Article upon furnishing documentary evidence of such approval
satisfactory to the Contract Compliance Coordinator. Loss o_'
such approval shall be immediatel;~ reported by such ve.^.~:or or
subcontractor to the Contract Compliance Coordinator.
Section 8. Section 34.7 of the San Diego County Admiaistrative
Code is hereby amended to read:
Section 84.7. CO'^.PLIA":CE WITtI AFFIRu.ATIVE ACTION PROGRA.N
(a) Each vendor shall have on file with the County
certification of compliance with the provisions of this affir.ative
action program. This form, to be provided by the Cou.^.tJ, 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 prccra:..
Upon request, the County will supply this list of prospective
vendors.
(d) Any vendor who does not meet the current calendar
and subcontractors year goals of this affirmative action program may be d~termine3
(14) or less to be in noncompliance with this affirmative action progra-: if
Article, employment records show that hiring subsequent to the effective
of work force date of this Article has not tended to meet the current calendar
year goals established for this affirmative action program.
Section. 7. Section 84.6 of the San Diego County Administrative
Code is ..:~rehv :~:°,_n-?~? to read:
Se~~i:n 94,6, CC`?1PLI4~.^E WITH FEDERAL AND STATE LAW.
(a! Eech vc~r.dor shall submit r_ertification of compliance
with t!:: ~ i•:.1 P.i.-:•.' S 1~•t of 1nC4, Executive Orders 1129G and
113'5, '..~ E., ,:a '_ F--:1o}^+ont OpportuniCy Act of 1972, Department
of Labor Rc•c:;latior.s, the G,lifornia Fair Employment Practice
Act , "_~ 1 i .-_ . ,_.i iab~r Ce ~~ . ~ ct i~~n 1777. 5 and any other
arr'-=~.~= _, _ ~i ~a i St.~t,~ l.n:s and regulations hereinafter
eas~t•~9. ___ __'.fication sh.~11 be on forms to be provided
ti. ,ti.
,. !rr., :n. .>th•.•r F,r:wi~iun in this Article,
any •. _., _:•.:r ~ .. , ._' r.ict,,r .,t:•~ i..~ ; ~n ,:f f i r~nativct ection program
sul•.stant:.,l:_ __..;..~_ent with .ao objectives of this Article
(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 89.9. COMPLIANCE IIY SUBCUNTRACTOBS. Each sub-
contractor shall be required to comply with this Article ir. the
same mariner 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, stall submit
to the vendor a certificate that the subcontractor •. ill co-.ply with
the provisions of the affir:r.at;ve action prrrar~.. This fem, tc
be provided by the County, shall include an Em;.loy:^~ent C_~:a ~.._
ccrtifics:tion pE the auth~:nt ir_ity of pry s.unt cr^l:loynen*_ data, ands
an oyrr,•m~•nt to m.:k~~ gpo.l :.:ith ~ ,fo±'ts [o :-.«_ t!:~~ current
-~-
calendar }'ear 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
implementing 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*IATIVE ACTION EFFORTS. GOOD FAITH COMPLIANCE.
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 emplo}•mcnt. opportunities 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
unioq hiring hall for referral, or if such applicant was not
em,oloyed by the vendor, the vendor'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 informatior, that the union referral process has impeded the
vendor's afEort to meet the establ.isherl 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 ccmF~any publications, by conducting
sta_`f, employee and union representatives' meetings to explain
and discuss the policy, by posting the policy, and by specific
rcvirw of the` p~~lir}• with mim~rity and women cml~loycrs.
(f) The vendor shall dissominnte the vendor's affirmative
actior, policy externally by informing and discussing it with
all recruitment sources, by advertising in news media, specifically
ir.cludir.a minority news media, by notifying and discussing it
with all loc.tl minorit} and wamcn's ornaniz:rtions 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) The vendor shall insure that all employee specifications,
selection requirements, tests, and other employee recruit.^.:ent
or evaluation procedures do not discriminate against minorities
and women in application or effec*_.
(j) The vendor shall maY.e every effort to provide after
school, summer and variation employmrmt to minority youths.
(k) Where reasonable, the vendor shall develop on-the-job
training opportunities and participate and assist in any assxiation
or employer group training programs relevant to the vendor's
employee needs.
(1) The vendor shall continually inventory and evaluate
a ].1 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 wor..en employees:
(n) The vendor shall make certain that all facilities
normally used concurrently by all employees and ali company
activi.tics are nonsegregated.
(o) The vendor shall continually monitor all personnel
activities to insure that this County of San Diego Affirmative
Action Flan is being carried out.
(p) The vendor shall solicit his for subcontracts from
minority ::ubconCr~ctors and wn:nen subcontractors depending upon
availability, including notification of minority and wor^en
contractor groups and nssociatinns.
The vendor's and subcontractor's commitment to attain *_he
currant calendar yc.tr ynals of minority and women utilization
as required by the affirmative action orocra~ s`:a11 cerst_`•,:_e
a commitment to ma):e yor.;d faith elforts *.o ,.~F,et s.id ..ffi.rrz~ive
action prrrgrarn gnnls. Tf ~ vr,ndor r~r subrontra^tor t,a~ failed
therein, "good faith" cornhliuncc will be derermined ty the extent
of vendor or subcontractor efforts, in accordance with the County
of San Diego Affirmatives Actior, Plan, to mc~~t the affirmative
action pruyram yo,rlr.
Section 11. Section 84.10 of the San Diego County
Administzative Code is hereby amended to read:
Section 84.10. SUBMISSION OF AFFIRMATIVR ACTION PLANS.
(a) An}• vendor ma}• 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
goals 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 Countv's Affirmative Action Program for Vendors together
with its affirmative action plan.
Section 12. Section 64.11 of the San Diego County Administrative
Code is hcrrb}• amr•nr9rd to read:
(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 agrec•^tent or other contract or
understanding, a notice, in the form to be pr o`:ided 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 olaces accessible to e~.ployees
and applicants for employment.
(e) The inability of the vendor to recruit and hire
competent pr r.sonncl. of minority and women groups from unions,
employee representatives or employment agencies shall not
exempt the vendor from complying with this affirmative action
program ercept as provided in Section 84.12.
(f) Reporting procedures, for purooses of monitorinq_ the
vendor's affirmative action program, shall be established by
the County and reportiny guidelines will be set .'orth in a
resolution adopting rules and regulations for it^ple^•entino
this Article. They vendor s?la1J h^ :eauired to cc-.; ly with
such reportiny procedures. The vr;ndur shall require and submit
similar information from the Vendor's subcontractors.
Section ]3. section x;4.12 of the San Diego County
Administrative Code is hereby amended to read:
Section 84.11. VENDORS DUTIES.
Section 84.7.2. 1'AFI,URE r)F' VRiJDOR TO Cfj'4PLY T4ITH PP.OGRA9.
(a) If the vendor's minority and women work forces and the In the event that the vendor has failed to meet the cuzren't
distribution of such work forces by general classification are calendar year goals, or otherwise fulfill the Coun*_y of Sea
equal to or exceed the current calendar year goals by general Diego Affirmative Action Plan for co;~ulyinq with the affirmative
classification as established for each year of the affirmative octiun program, and desires to present evidence that failure
action program, the vendor will not be reyuired to demonstrate to comply or mret such noels was through r.o fault of the t'2^dor,
the rfforts r..13r in rcfrrc~nc-c to upnrading, demotion or transfer; but wns iLlc` to on inability to obtain compc•tcnt minority or
recruitment or recruitment advertising; layoff or termination women employees, after mak.inq all Mood faith efforts to do so
for any period during which the vendor reaches or exceed the from sources such as public advertise"~ents, unions, e:*.plo}-rent
established ~lu.lls, or other •,y~•nci":; r.lp.il,l,• c, f. providing such „mpluy~•r.a, thy:
vendor shall submit written evidence as required by the County
(b) The vendor shall maintain and permit access to updated that said vendor has made such good faith efforts ar.d that
employmon;_ rrrords and intormati~n with respect to all employees competent minority and wumnn employees have not ber_n 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 avnen nrc~ups b•{ classification, including information relating
tO appCentll'eS alld L.raln,`c`s.
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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 Contract 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
Count}' 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 notif}•ing 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 manlier
prescribed b}• 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 an}• 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 minorit}' and women employment, and will comply with
the affirmative action oroyram in effect. at the time of any
future contracts; in no event shall the vendor be eligible
for award of an~• centr.t.•t within ~,nr yrar 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 •F•ith any vendor
performing County contracts, until the subcontractor has demon-
strated to the satisfaction of the Contract Co:eoliance Coordinator
that the vendor has made a rood faith effort to i:~.prove ninority
and women 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 dry
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 64.15. INTENT OF BOARD OF SUPERVISORS. It is the
intent of the Board of Supervisors to enact each orovision 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 64.16. NOTICE OF VI(iLATION 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 explanation 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 such 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. Section 64.17 of the San (~icyo County Adcninis-
trat.ive Code is hereby added t.~ read:
Section 84.17. APPEAL PROCF.~URF:.
(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 by mail the Contract Compliance Coordinator and vendor
or subcontractor 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) A[ the hcariny on the appeal before Chc Board of
Supervisors, the Contract Compliance Coordinator and vendor
or subcontractor may present evidence relating to the action
taken bg the' Contract Compliances Coordinator in the notice.
Upon completion of the presentation of the evidence the Board
may affirm; modify or overrule the action of the Contract
Co-~pliance Caordin.~tor. The dacisien of tho Board shall be
final.
Section 19. This ordinance shall take effect and he in
forces thirty (3C) 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 Daily Transcript,
a newspaper of yeneral circulation published in the County
of San Diego.
PASSED, APPROVED, AND MOPTED this 22nd day of June, 1976.
_ _ LEE TAYLOR
Chairman of the Board of Supervisors of
the County of San Diego, State of California
~PRD'iED .'+~ ?!% F^n.`! PND IEu~.l1fY
CCli\Tt C~'.
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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 .June, 1976.
(SEAL)
PORTER D. CREP14*IS
Clerk of the Board of Supervisors
By Irene Cuas
Deputy
TUESDAY, APRIL 6, 1976
No. 3
RESOLUTION APPROVING AND ADOPTING ADMINYSTRATIVE
PROCESSES PERTINENT TO THE AFFIRMATIVE ACTION
PRCGRA.~! FOR VENDORS OF THE COUNTY OF SAN DIEGO
ON MOTION OF Supervisor Conde , seconded by
Suoarvisor Walsh , the following resolution is adopted:
RESOLVED, by the Board of Supervisors of the County of San Diego,
State of California, that:
t:HER:aS, b}' Ordinance No. 4490 (New Series) this Hoard amended
Azticle IIIk of the Administrative Code of the County of San Diego,
whicl provides for an Affirmative Action Program for Vendors; and
;~l!EREAS, it is necessary for this Board to adopt rules gnd regu-
lations in order to implement this Progzam, including the process of
a3.^:inistration of the Affirmative Action Program for Vendors; and
WHEREAS, 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
!:!iERx'aS, this Board has previously [Board of Supervisors' ref-
erences 1/23/73 (84), 4/1/75 (4) and 8/5/75 (63)J approved and adopted
aae:-.otions from the Affirmative Action Program as well as administra-
tive procedures relating to such program; and
h'HERL'AS, it is necessary for this Board to amend such Rules and
~, F~.:13CiJ:1S implamanting the Affirmative Action Program;
~ ~~
~`•` \:~IJ, THERF_F(~RF., IT IS IiF.RERY ORDERED AND DETERMINED THAT
- T_. \.
~~ 'Exhibit "A", attached, setting forth rules and regulations, is
-_ J
_~ here!.~y 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 ) ea,
t:ounty of San Diego )
I, PORTER D. CREMANS, Clerk of the Board of Supervlsora of the County of San Die~c,
State of California, hereby certify that I have compared the foregTe~ulacy w':h t^e
original resolution passed and adopted by said 9oard, et a ~
meeting thereof, at the time and by the vote therein stated, which orlgir.al resc'_u::~.^.
is now on file in my office; that the same contains a 11111, true and corrFct :-arse-?;.t
therefrom and of the whole thereof.
Witness my hand and the ecn] of said Board of Suprrviaora, this 6th day
of ~pri1, 1976
PORTFA D. CRQdA!1;
Cler'~ of the 9oard of Superv'_ sera
By Irene Cuss
~e^= .
SEAL
EXHIBIT "A"
A. Administrative Process. The Assistant Chief Administrative
Officer, Human Resources, through the Contract Compliance Coordinator
shall be responsible for the administration of the Affirmative Action
Fro.~ram fcr Vendors. In the event a vendor fails to comply with the
requirements of the Affirmative Action Program, including the failure
to file with the County all required forms or reports, the Contract
Compliance Coordinator, with the approval of the Assistant Chief
Ad.•~inistrative Officer, Human Resources, shall follow the procedure
provided by the Program for the correction of violations.
B. Exemptions. The following are currently exempted from the
provisions of this Affirmative Action Program:
1. Contracts and purchase orders less than $2,000 in value;
provided however, that effective January 1, 1977, the exemption
provided b}' this sub-paragraph shall read as follows:
Contracts and purchase orders less than 510,000 in value;
provided, however, that any vendor who during any current or
imme.iiately preceding calendar year has entered into contracts
where the cumulative total of such contracts is 510,000 or more
shall be subject to the provisions of Article IIIk (commencing
with Section 84) of the San Diego County Administrative Code.
2. Vendors or subcontractors who have a work force of less
than fifteen (15) e~;,ployees.
3. Each procurement which is deemed by the Board of Super-
visors, for contracts let by the Board, or by the Purchasing
Agent, for contracts executed by the Purchasing Agent, to be
of la) an "E:•~ar~ency" nature; or (b) an apparent "Sole Source"
purchase, or (c) whenever the Board of Supervisors finds with
respect to a particular contzact that special or unique circu.:.-
stances exist so that the public interest and convenience or
the orderly administration or functioning of the County require
exemption from the provisions of Article IIIk (corrmencinc with
Section 84) of the San Diego County Administrative Code.
4. Suppliers of materials not set forth in the contract
specifications.
5. Banks or institutions which receive money for deposit
from the County which certify such bank or institution is in
compliance with the U. S. Department of Treasury Guideii::es
for affirmative action.
6. Contracts with persons providing insurance of all
classes, hospital or medical service plans, or health an wel-
fare benefits authorized in !article 1 (commencing at S^_~`icn
53200), Chapter 2, Part I, Division 2, Title 5 of the ~o:•ern-
ment Code, or any similar provision, and with any pers;n re'_atir~
to the acquisition, performance and administration of su:h contract=_.
7. Contracts to which any county (other than the Cointl c°
San Diego), city and county, city, municipal corporatic:, distr_ct
or other political subdivision, or any joint powers au=h~ritl
created under authority of law, or other public entit}•, or a-::
other group or combination of the foregoing acting as a :alit, is
a party, provided, however, that the Board of Supervisors te`cre
entering into such contract may determine that the prerisic.^.s o`
this Affirmative Action Program shall be applicable.
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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 forms 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 connnitment to increased annual goals. Tlie Contract Compliance
Office will mail requalification forms to vendors by mid-November.
ins
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