Affirmative action requires the determination, isolation and elimination of those concepts, circumstances and practices which lead to and permit discrimination. Affirmative action further requires the establishment of firm objectives, the assignment of responsibility and the establishment of procedures for the accomplishment of those objectives and provision for review procedure to assure accomplishment and continuance of the objectives once attained.
(O2119)
As used in this chapter, the following terms shall have the meanings herein specified:
"City Manager and/or designated representative"
means the person(s) appointed to that position by the Council.
"Prime contractor"
means a person, firm, partnership or corporation who has been awarded a contract by the city which is subject to the requirements of Section 2.92.030 and which is in the sum of $25,000.00 or more.
"Principal subcontractor"
means a person, firm, partnership or corporation who has a contract with a prime contractor to supply labor and/or materials in the sum of $12,000.00 or more.
(O2119; O2140)
Every contract or subcontract of the city for public works, subject to Section 101 of the Charter, shall contain a clause obligating the contractor or subcontractor to observe the requirements of Section 2.92.040. The clause shall be in substantially the following form:
Contractor agrees to observe the provisions of Section 2.92.040 of the Napa Municipal Code obligating every contractor or subcontractor under a contract or subcontract to the City of Napa for public works, subject to Section 101, Napa City Charter, in the sum $25,000.00 or more, to refrain from discriminatory employment practices on the basis of sex, race, color, religious creed, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor. Said Section 2.92.040 is by reference made a part of this contract.
(O2119; O2140)
Every contract or subcontract with the city for public works, subject to Section 101 of the Charter, in the sum of $25,000.00 or more, shall require the contractor to agree as follows:
A. 
That the contractor will not, because of the sex, race, religious creed, color, national origin or ancestry of any person, refuse to hire or employ him or her, or bar or discharge him or her from employment, or discriminate against him or her in compensation or in terms, conditions or privileges of employment and that the contractor will take affirmative action to insure that every applicant for employment and every employee will receive equal opportunity for employment and will be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his or her sex, race, religious creed, color, national origin or ancestry.
B. 
That the contractor will post in conspicuous places, where they may be seen by every employee or applicant for employment, notices in such form as shall be prescribed by the City Manager, setting forth the provisions of this section.
C. 
That the contractor will in all solicitations or advertisements for applicants for employment include in such solicitation or advertisement language which reasonably conveys that every qualified applicant will receive consideration for employment without regard to his or her sex, race, religious creed, color, national origin or ancestry.
D. 
That the contractor will give written notice in such form as shall be prescribed by the City Manager, of the contractor's commitments under this contract to any labor union or employee's association with which he or she may have a collective bargaining or other agreement.
(O2119; O2140)
A. 
On contracts pursuant to sealed bids, where the amount of the bid is in excess of $25,000.00, the bidder together with his or her known principal subcontractors, i.e., subcontracts in excess of $12,000.00, shall submit the proposed affirmative action programs of such bidder and principal subcontractors pertaining to nondiscriminatory hiring and employment practices.
The City Manager shall review the submitted affirmative action programs of such contractor and any modifications thereto to determine whether they comply with the requirements of subsection F of this section and the affirmative action requirements adopted by the Council. If the City Manager determines that said program complies with such requirements, he or she shall so report to the Council. If the Council, after consideration of said report, is satisfied that said program does comply with said requirements, it may proceed to award the contract to the contractor.
If the City Manager determines that said programs do not comply with said requirements, he or she shall advise the contractor of the deficiencies of such programs and shall allow the contractor to make necessary modifications thereto and shall fix a time by which such modifications to the program or programs must be submitted by the contractor.
If the contractor does not submit the necessary modifications within the time so fixed or extensions thereof granted by the City Manager, the City Manager shall file a report with the Council. If the Council determines that the affirmative action program submitted by said contractor does not comply with said requirements, the Council shall reject his or her bid. The Council may grant additional time to any contractor to submit a satisfactory program. If the Council finds that said written program does comply with said requirements, the Council may award the contract to such contractor.
B. 
The contractor shall, prior to allowing any principal subcontractor to enter upon the performance of any portion of the contract, submit to the City Manager three copies of the written affirmative action program of such subcontractors for compliance with the requirements of subsection F of this section and with the affirmative action requirements adopted by the Council.
The City Manager shall review the affirmative action programs of each of said subcontractors to determine whether they do in fact comply with the requirements of subsection F of this section and the affirmative action requirements adopted by the Council. If the City Manager determines that a subcontractor's program does not comply with said requirements, he or she shall advise the prime contractor of the deficiencies of such program and shall allow the subcontractor to make necessary modifications thereto and shall fix a time by which such modifications must be submitted by the prime contractor.
The approval of the prime contractor and principal subcontractors' affirmative action programs as described in this chapter by the Council or City Manager shall be a condition precedent to the award of the contract to the prime contractor.
C. 
The contractor shall file a compliance report with the City Manager in such form and at such time as the City Manager shall prescribe. In lieu of such compliance report, the contractor may file a copy of any similar report, at least in the detail of the United States Government Equal Employment Opportunity Information Report EEO-1, which he or she has been required to file with any department or agency of the state or the government of the United States of America, provided that the period to which the report applies has not expired and provided further that such report currently meets the requirements of such department or agency. If the contractor fails to complete or return required data or if a willful false statement is made in any such report, the contractor shall be deemed to have willfully violated the nondiscrimination provisions of the contract.
D. 
Nothing contained in the contract shall be construed in any manner so as to prevent the city from pursuing any other remedy that may be available at law.
E. 
The contractor shall comply with all applicable provisions of this chapter and the affirmative action requirements adopted pursuant thereto.
F. 
The contractor and his or her principal subcontractors shall, at such time and in such form as shall be prescribed by the City Manager, certify to the City Manager that he or she has or will take the following affirmative action to implement the nondiscrimination provisions of the contract:
1. 
The contractor and principal subcontractors shall provide such evidence as shall be required by the City Manager that they have or will notify all supervisory personnel and personnel officers in their employment in writing of the nondiscrimination provisions of this contract and of their commitment thereunder.
2. 
The contractor and principal subcontractors shall provide such evidence as shall be required by the City Manager that they have notified unions, employment agencies, advertising agencies and the state Department of Human Resources in writing of their commitments under the nondiscrimination provisions of the contract.
3. 
The contractor and principal subcontractors shall personally, or through their authorized representatives, attempt to negotiate and develop with any union or employees' association with which they have a collective bargaining agreement, and agreement which will:
a. 
Define the responsibilities of the contractor and principal subcontractors and such union or employees' association for nondiscriminatory practices in hiring, referral, upgrading and training of employees; and
b. 
Otherwise implement compliance with the requirements of this chapter with respect to defining such union or employees' association's responsibilities in the employment process or in apprenticeship programs to the end that every qualified worker will be given an equal opportunity for employment without regard to his or her sex, race, color, religious creed, national origin or ancestry.
4. 
The contractor and principal subcontractors shall notify the city of any opposition to the nondiscrimination provisions of this contract by any firm or organization with whom they must deal in the ordinary course of business.
(O2119; O2140)
Any contractor who shall be found by the City Manager to be in violation of his or her agreement to pursue an affirmative course of action or in violation of any provision of the affirmative action guidelines pertaining to his or her contract shall be found in material breach of such contract, and thereupon the city shall have power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $250.00 for each calendar day during which the contractor is found to have been in noncompliance, as damages for said breach of contract, or both.
(O2119)
A. 
Any person or persons affected by the action of the City Manager in the enforcement of this chapter shall be notified of his or her right to appeal to the Council. Notice of appeal shall be made in writing and shall be filed with the City Clerk within 15 days after the date of notice of the protested action of the City Manager. Compliance with any decision, order or other action of the City Manager shall not be required during such time as an appeal is pending.
B. 
For purposes of its public hearing under this section, a quorum shall consist of four members of the Council. A majority of at least four members of the Council shall be necessary for all decisions rendered in its public hearing.
C. 
All public hearings of the Council shall be open to the public. Records and minutes shall be kept of such proceedings and shall be open to public inspection. Upon reaching a decision in any public hearing, the Council shall give written notice thereof to the City Manager and the appellant or appellants. The decision of the Council shall be final.
D. 
If any contractor or subcontractor under contract to the city for public works shall, without good cause, fail to appear at a public hearing of the Council after having been given written notice of such hearing, he or she forfeits further consideration of said appeal.
(O2119)
Neither the provisions of this chapter nor the affirmative action requirements adopted by the Council nor the remedies provided for herein shall prevent the city from pursuing and obtaining any other appropriate and additional remedy or relief.
(O2119)
Neither this chapter nor any portion thereof shall apply to any contract to which this chapter would otherwise apply if such contract is subject to the President's Executive Order No. 11478 (or any amendment thereto or any executive order superseding said order) and the rules or regulations promulgated pursuant to said order, except as may be otherwise specifically provided by the contract documents to which said order is applicable.
(O2119)
The provisions of this chapter shall not be applicable to negotiated contracts already approved or authorized by the city prior to August 21, 1972, nor to those contracts proposed to be awarded pursuant to sealed bids for which notice to bidders is authorized prior to September 20, 1972.
(O2119)