SANTA CRUZ COUNTY
PERSONNEL ADMINISTRATIVE MANUAL

 

Topic:  CONTRACT COMPLIANCE DEFINITIONS
Section: EQUAL EMPLOYMENT OPPORTUNITY
Number: II.16.b. 
Date Issued: Dec. 18, 1992
Date Revised: Oct. 29, 1993
Sept. 1999

PURPOSE:

To define the categories of representation under the County's Contract Compliance program.

POLICY:

  1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex, gender, sexual orientation, age (over 18), veteran status, pregnancy or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

    In the event of the contractor's non-compliance with the non-discriminations clauses of this contract or with any of the said rules, regulations or orders, this contractor may be declared ineligible for further contracts with the County.

    II.16.b.For all contracts in excess of $50,000 where the Contractor employs at least 15 employees, the department will require the inclusion of the following equal opportunity clauses as a condition of the contract:

    1. The Contractor will state that they are an equal opportunity employer in all solicitations or advertisements for employees placed by or on behalf of the Contractor, and ensure that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related and genetic characteristics), marital status, sex, sexual orientation, age (over 18), veteran status, pregnancy or gender, any other non-merit factor unrelated to job duties.

    2. If applicable according to the contract funding source, the Contractor will comply with all provisions of Federal Executive Order 11246, as amended, and of the rules, regulations and orders of the Secretary of Labor, which include furnishing required information and report.

    3. In the event of the contractor's non-compliance with the non-discriminations clauses of this contract or with any of the said rules, regulations or orders, this contractor may be declared ineligible for further contracts with the County.

    4. The Contractor shall furnish information and reports in the prescribed reporting format (PER4012) identifying the sex, race, disability and job classification of its employees to the Equal Employment Opportunity Division of Personnel.

  2. The department in solicitation for goods or services will make a good faith effort to consider Minority/Women/Disabled Owned Business Enterprises.

  3. Standard Definitions For Minority/Women/Disabled Business Enterprise for the purposes of Santa Cruz County contract compliance procedures shall be as follows:

    1. A Minority Business Enterprise (MBE) is a small business owned and controlled by one or more minorities or women. Owned and controlled means that:

      1. at least 51 percent of the small business concern is owned and controlled by one or more minorities or women or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and

      2. whose management and daily business operations are controlled by one or more such individuals.

    2. A Women Business Enterprise (WBE) is a small business, owned and controlled by one or more women. Owned and controlled means that:

      1. at least 51 percent of the small business concern is owned by on or more women; and

      2. whose management and daily business operations are controlled by one or more women who own it.

    3. A Disabled Owned Business Enterprise (DOBE) is a small business owned and controlled by one or more disabled persons. Owned and controlled means that:

      1. at least 51 percent of the small business concern is owned by one or more disabled persons; and

      2. whose management and daily business operations are controlled by one or more disabled persons who own it.

NOTE: Certain projects conducted under state and federal oversight may have additional definitions and requirements.

Where sub-contractors will be used the contractor shall furnish to the County Equal Employment Opportunity Officer the names, dates and methods of advertisement and direct solicitation efforts made to contract with minority/women/disabled business enterprises.

PROCEDURE:

  1. The County will collect information from vendors for all county contracts using the General Services Information form (GSD37).

  2. Vendors will self-certify as to their eligibility, unless the contract is associated with CAL-TRANS projects, where the vendor must be certified under the CAL-TRANS criteria.

  3. General Services will maintain the data base of all vendors for the County . Departments are required to forward vendor information to the Purchasing Division of General Services.