attachement a pages 39 to 48Page 48
9. A single goal for minorities and a separate single goal for women have b]nd
established. The Contractor, however, is required to provide equal employm
opportunity and to take affirmative action for all minority groups, both male
female, and all women, both minority and non - minority. Consequently,
Contractor may be in violation of the Executive Order if a particular grou
employed in a substantially disparate manner (for example, even though Contractor has achieved its goals for women generally,`the Contractor may bviolation of the Executive Order if a specific minority 'group of womeunderutilized).
10. The Contractor shall not use the goals and timetables or affirmative acstandards to discriminate against any person because of race, color, relig
sex; or national origin.
11. The Contractor shall not enter into any ;Subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 1'1246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension,
termination and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the - Office of - Federal Contract Compliance Programs, Any
Contractor who fails to carry out such sanctions and penalties shall be in
violation of these specifications and Executive Order 11246, as amended,
13. The Contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph (7) of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. if the
Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications the Director shall proceed in
accordance with 41 CFR 60 -4.8.
14. The Contractor shall designate a responsible official to monitor a!I employment
related activity to ensure that the company EEO policy is i�eing carried out,. to
submit reports relating to the "provisions: hereof as may be required by the
Government and to keep records. Records shall at least inolude for each
employee the name, address, telepnone numbers, construction trade, union
affiliation if any, employee identification number when assigned, social security.
number, raee; sex, status {eg. mechanic„ apprentice, ;trainee, <helper,' or
laborer }, dates of changes in status, hours worked per week in the indicated
trade; rate of pay, and iccations at which the work was performed: Records
snali be maintained in an easily understandable and retrievable form; however; -
to the degree tnat existing records satisfy this requirement, contractors shall riof
be required to mainfain separate records.
r'
a�g
Page9 of i0
22- NOTICE OF REQUIREMENT FOR AFFIRMATNE AC7�ON TO ENSURE EQUAL EMPLOI`MENT OPPORTUNITY
{EXECU7IVEORDER 112A6).
MiamEDatle COUniY:PNCD-
Page 47
1. Conduct, at least annually, an- inventory -and evaluation at feast of all
minority and female personnel for promotional opportunities and
encourage these employees to 'seek or to prepare for, through
appropriate training, etc., such opportunities.
M. Ensure that seniority practices, job classifications, work assignments and
other personnel practices, do not have : a discriminatory ; effect by
continually monitoring all personnel and employment related activities to
ensure that the EEO policy and the Contractors obligations under these
specifications are being carried out.
n. Ensure that all facilities and company activities are non - segregated
except that separate or single -user toilet and necessary changing;
facilities shall be provided to assure privacy between the sexes.
o. Document and 'maintain a record of all solicitations or offers for
subcontracts from minority and "female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations:
P_ Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations,
& Contractors are encouraged to participate in voluntary associations that assist in
fulfilling one or more of their affirmative action obligations(7) a. through (7) p.
The efforts of a contractor association, joint - contractor - union, :contractor- -
community, or other similar group of which the contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations under
(7) a. through (7) p. of these Specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group has a"
positive impact on the employment of minorities and women in the industry»
ensures that %the concrete benefits of the program are reflected in the
Contractor's minority and female workforce partcipa #ion; makes a ":good faith
effort to meet its individual goals and timetables; -and can provide' access to
documentation which demonstrates the effectiveness of acfions taken on behalf.
of the Contractor. The obligation to comply, however, is the Contractor's and
failure of such a group to fulfill an obligation sha11 not be a defense for the
Contractor's noncompliance.
Paga6 et10 `�
:. 22- NOYfCE OF REQUIREMENT FOR AFFIRMASiVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
{EXEOUTNE OROER 112A8)
M amGOatle County PNCO,
f: Disseminate the Contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in
assisting the Contractor in meeting its EEO obligations; by including it in
any policy manual and collective bargaining, agreement; by publicizing it
in the company newspaper, annual report, etc.; by specific review of,
the
policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where
construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees having
any responsibility for hiring, assignment, layoff, termination or other
employment decisions including specific review of these items with onsite
supervisory personnel such as Superintendents, General Foremen, etc.,
prior to the initiation of construction work at any job site. A written record'
shall be made and maintained identifying the time and place of these"
meetings, persons attending, subject matter discussed, and disposition of
the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
Contractor's EEO policy with other; Contractors and Subcontractors with
whom the Contractor does or anticipates doing business,
L Direct its recruitment efforts, both oral and written; to minority, female and
community organizations, to schools with minority and female students
and to minority and female recruitment and training' organizations serving
the Contractor's recruitment area and employment; needs. Not later than
one month prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, the Contractor
shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in
the selection process.
j. Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summerand vacation employment to minority and female youth
both an the site and fn other areas of a Contractor's workforce:
k. Validate all tests and other selection requirements where there is an
obligation to do'so under 41 CFR Part BO -3:
+fF
�, i Mats
4
22- NO`fIGE OF REQUIREMENT FOR AFFIRMATIVEACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTNEORDER 712A6j:.
j i Miami- OadeCounry PHCD '.
t�age`45
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
Contractor's employees are assigned to work. The Contractor, where
possible, will assign two or more women to each construction project:
The Contractor shall specifically ensure that all foremen, superintendents,
and ocher on -site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individual working at such sites or
in such facilities:
b. Establish and maintain a current list of minority and female recruitment
sources, provide; written notification to minority and female recruitment
sources and to community organizations when the Contractor or its
unions have employment opportunities available, and maintain a record
of the organizations' responses.
C, Maintain a current file of the names, addresses and telephone numbers
of each minority and female off- the - street applicant and minority or
female referral from a union, a recruitment source of community
organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral
and was not referred back to the Contractor by the union, if referred, not
employed by the Contractor, this shall be documented in the file with the
reason therefore, along with whatever additional actions the Contractor
may have taken.'
d. Pravido' immediate written notification to the birector when the union or
unions with which the Contractor has a collective :bargaining agreement
has nat referred to the Contractor a minority person or woman sent by the
.Contractor, or wnen the Contractor tras other information that the union
'referral process has impeded the Contractor's efforts to meet' its
obligations.
e: " Develop on- the -jab training opportunities and /or participate in training
programs for the area which expressly include minorities and women,.
including upgrading programs and apprenticesnip; and trainee programs
relevant to the Contractor's employment. needs, especially these
programs funded or approved by the - Department of Labor. The'
Contractor shall ;provide notice of these programs to the sources
complied under.: {7} b above.
Page 44
3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the Plan area (including goals and timetables) shall be in accordance
with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to
comply with its obligations under the EEO clause] and to make a good faith
effort to achieve each goal under the Plan in each trade in which if has
employees. The overall good faith performance by :other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered
Contractor or Subcontractor's failure to .take good faith efforts to achieve the
Plan goals and timetables.
4. The Contractor shall implement the - specific affirmative action standards
provided in paragraphs 7a through 7p of these' specifications. The goals set
forfh in the solicitation' from which this contract :resulfed are expressed as
percentages of the total hours of employment and training of minority and
female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. The
Contractor is expected to make substantially uniform progress toward its goals
in each craft during the period specified.
5. .(Neither the previsions of any collective bargaining agreement, nor the failure by
a union with whom the Contractor has a collective bargaining agreement; to
refer either minorities or women shall excuse the Contractor's obligations under
these specifications, Executive :Order 11240, nor the regula #ions promulgated
pursuant thereto:
6. In order far the nonworking training flours of apprentices and trainees to be
counted in meeting the goals, the Contractor must employ such apprentices and
trainees during the training period, and the Contractor must haue a commitment
to employ the apprentices and traineas at the completion of their training;:
subject to the availability of employment opporfuriities: Trainees must be trained
in training programs approved by U.S. Depariment of Labor.
7. The Contractor shall .take" :specific affirmative .actions to ensure equal
:employment opportunity. The evaluation of the Contractor's compliance with
these specifications shall be based upon its effort to achieve maximum results
from its actions. Tne Contractor shall document these efforts fully; and shall
implement affnnafive action steps at (east as extensive as the fallowing.:
22- NOTICE
Miami- DaBeCauntyPtlCD:.-
- Hispanic .(all persons of Mexican, i?iaerta Rican,. Cuban, Central oc
South American another Spanish Cuifure or origin regardless of race);
- Asian and Pacific Islander {aIl persons having origins 3n any;of the
original peoples of the Far East, Southeast Asia; the IndianSubcantinent,
arthe Pacific Islands }, and
- American Indian ar Alaskan native (all persons having origins in any of
the original peoples of North America and .maintaining identifiiable "tribal
affiliations .through membership and participation or corrtmunity"
identification }:
2. Whenever the Contractor, ar any Subcontractor at any tier; subcontracts a
portion of the work involving any construction trade, it shall physically incltide'in
each subcontract in excess of $10,000, the provisions of these specifications
and the Notice which contains the applicable goals for minority and female'
participation and which is sei forth in the solicitations from which this contract
resulted. "
2. The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin:
3. The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the labor union or workers'
representative of the Contractor's commitments under this Equal Opportunity
clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment,
4. The Contractor will comply with all provisions of Executive Order 11246 of
September 24; 1966, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5, The Contractor will furnish all information and reports required by Executive"
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of
the Secretary of Labor or pursuant thereto, and will permit access to his books,
records and accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations; or orders, this
Contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, ;1965, and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation or order of
the Secretaryof Labor; or as otherwise provided bylaw.
7. The Contractor will include the statement preceding subparagraph (1} and the
provisions of subparagraph {1} .:through {7} in every subcontract or purchases
order unless exempted by rules, regulations, or orders of the Secretary ofi Labor.
issued pursuant to Section 2Q of Executive Order 11246 of Septemtaer24, 1965;"
so that such provisions "will be binding upon each subcontractor or vendor. The
Contractor will take such action with respec# to any sut> contract or purchase
order as HUD many direct as a means of enforcing such provisions including.
sanctions for noncompliance; provided; however, that in the event the
Contractor becomes involved "in or is threatened with litigation with a
subcontractor or vendor as a resin# of such direction by .HUD, the'Gontractor
may requesfithe Unitad States to enter into such litigation to protect the tJni#ed
States:
22- NOTICE OF ftEflUiREMENT FOR AFFIRMATNE ACTION TO ENSURE EQUAL EAAPLo
(EXECUTIVE ORDER 112d &) :
M'wm4bade County ANCD
8
Page 41
The Contractor's compliance with the Execut
CFR :Part 60-4 shall be' based on its impler
Clause, specific affirmative action obligation:
forth in 41 CFR 60- 4:3(a), and its efforts to
. The hours of minority a
,stn of
>rder and the regulations in 4`t
ation of the Equal - Opportunity
wired by the specifications set
t the goals. established for the
from this solicitation is to be
p(oymenf and training must be
and the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of 'minority or female
employees or trainees from Contractor to Contractor or from project to project
for the sole purpose of meeting the Contractor's goals shall be a violation of the
contract, the :Executive Order and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours
performed.
The Contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs within 10 working days of award of any
construction subcontract in excess of $10,000, at any tier for construction work
under the contract resulting from this solicitation. The notification shall list the
name, address and telephone number of the subcontractor, employer
identification number, estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in
which the contract is to be performed.
As used in this Notice, and in the contract resulting from this solicitation; the
"covered area" is Miami -Dade County, Florida (insert description of the
geographical areas where the contract is to be performed giving the state,
county and city, if any).
60-4.3(a) EQUAL OPPORTUNITY CLAUSE
During the performances of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, 'color, religion, sex, or national origin. The
Contractor will #ake affirms #ive action to ensure that applicants are employed;
and that employees are treated during employment; without xegard to tfieir race,.
color,:religion,:sex or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer;
recruitmen# or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including;apprentiaeship. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
:this .Equal Opportunity Clause.
22- NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACY7OH TO ENSURE EQUAL EMPLOYMENT LSPPORTUNtiY
:(EXECUTIVE.pRDER 17245 }:
Miami -Dade CauNy pHCO
Page 40