San Diego Municipal Code Div. 27 Equal Employment Opportunity Outreach Program

The overall objective of the City’s Equal Employment Opportunity (“EEO”) Program is to ensure that contractors doing business with or receiving funds from the City will not engage in unlawful discriminatory employment practices prohibited by State or Federal law. Such employment practices include, but are not limited to, the following: employment, promotion or upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. (Amended 5–1–1995 by O–18173 N.S.)

Unless stated otherwise, the following definitions apply to this Division:

“City” means The City of San Diego and those agencies, boards, commissions and
corporations authorized to act on behalf of, or as an agent for, the City of San Diego.

“Contract” means an agreement to provide labor, materials, supplies or services in the
performance of a contract, franchise, concession or lease granted, let or awarded by
or on behalf of the City.

“Contractor” means any person, firm, partnership, corporation, or combination
thereof, who is selected to enter into, or actually enters into a contract with
department heads and officers empowered by law to enter into contracts on behalf of
the City for public works or improvements to be performed, or for a franchise,
concession or lease of property, or for goods, services or supplies to be purchased, at
the expense of the City or to be paid out of moneys deposited in the treasury or out of
trust moneys under the control of, or collected by, the City.

“Equal Employment Opportunity Plan” means a document prepared by a Contractor
in accordance with a form and format supplied by the City which describes the
Contractor’s plan of action.

“Gender” means the character of being male or female.

Ch. Art. Div.
2 2 27 1

San Diego Municipal Code Chapter 2: Government (6-2000)

“Program Manager” means the Program Manager for the City’s Equal Opportunity Contracting Program or his or her designee.

“Work Force Analysis” means a comparison of a Contractor’s Work Force Report with applicable County Labor Force Availability Data.

“Work Force Report” means a report, in a format supplied by the City but compiled by the Contractor, of the Contractor’s total work force which indicates the number of males and females in each identified ethnic group by occupational category. (Amended 5–1–1995 by O–18173 N.S.)

Except as provided in Section 22.2704, this Division applies to all Contractors except:

(a) Contractors and subcontractors who do less than a total of $10,000 worth of
business with the City during the preceding twelve (12) months or who have
less than a total of fifteen (15) employees, except that Contractors exempted
by this Subsection shall be subject to audits pursuant to Section 22.2707 to
determine if unlawful discriminatory employment practices are occurring.

(b) Contracts to which any City (other than The City of San Diego), county,
district or other political subdivision, or any joint powers authority created
under authority of law, or other public entity, or any other group or
combination of the foregoing acting as a unit, is a party.

(c) Nonprofit charitable, educational, or religious associations or corporations, as
evidenced by records on file with the City to be compiled for purposes of this
Division in accordance with procedures established by the City Manager.

(d) Emergency Contracts, if a written partial or full waiver is granted by the City
Manager, except that Contractors exempted by this Subsection shall be
subject to audits pursuant to Section 22.2707 to determine if unlawful
discriminatory employment practices are occurring. The City Manager may
grant a partial or full waiver from the requirements of this Division for an
emergency contract only to the limited extent necessary in order to expedite
the award of such Contract. For purposes of this Section, the term
“emergency” has the same meaning as in San Diego City Charter section 94.
(Amended 5–1–95 by O–18173 N.S.)

Ch. Art. Div. 2 2 27 2

San Diego Municipal Code Chapter 2: Government (6-2000)

Notwithstanding the provisions of Section 22.2703, every Contract shall contain a nondiscrimination clause which shall read as follows:

Contractor shall not discriminate against any employee or applicant for employment on any basis prohibited by law. Contractor shall provide equal opportunity in all employment practices. Prime Contractors shall ensure that their subcontractors comply with this program. Nothing in this Section shall be interpreted to hold a prime contractor liable for any discriminatory practice of its subcontractors. (Amended 5–1–1995 by O–18173 N.S.)

(a) If a Contract is competitively solicited, after the lowest responsible bidder has been determined and prior to the execution of the contract, the apparent low bidder shall submit to the Equal Opportunity Contracting Program a Work Force Report, on a City form, or an Equal Employment Opportunity Plan approved by the Program Manager.

If a Contract is not competitively solicited, the Contractor shall submit to the
Equal Opportunity Contracting program a Work Force Report or an Equal
Employment Opportunity Plan approved by the Program Manager prior to
tendering the signed Contract documents to the City for signature.

(b) Staff will conduct a work force analysis on all Work Force Report submittals
to determine whether or not an Equal Employment Opportunity Plan is
required. If an Equal Employment Opportunity Plan is required, the
Contractor will submit a plan for approval by the Program Manager.

(c) Any Equal Employment Opportunity Plan approved by the City shall not
include quotas, goals or timetables for increasing women and minority
employment and will not require terminating or laying off existing employees.
(d) If the apparent low bidder or Contractor does not submit either a Work
Force Report or Equal Employment Opportunity Plan as required by this
section, for purposes of awarding the Contract only, the City Manager will
ensure an administrative hearing is conducted by an independent hearing
officer to determine if the contract should be awarded in accordance with
City, State, and Federal law.
(Retitled to “Duty to Submit Reports” and amended 5–1–1995 by O–18173 N.S.)

Ch. Art. Div.
2 2 27 3

San Diego Municipal Code Chapter 2: Government (6-2000)

A Contractor for whom an Equal Employment Opportunity Plan has been approved by the City shall use best efforts to comply with that Equal Employment Opportunity Plan. (Retitled to “Duty To Comply With Equal Employment Opportunity Plan” and amended 5–23–1995 by O–18173 N.S.)

(a) The Program Manager shall conduct periodic reviews of Contractors to ensure that unlawful discrimination is not being practiced and Equal Employment Opportunity Plans are implemented.

(b) If the City Manager determines, after review, that the Contractor has not
implemented their Equal Employment Opportunity Plan and/or practices
unlawful discrimination and corrective action has not occurred by the
Contractor after sufficient notice, the City Manager may recommend
termination of the contract and debarment to the City Council.
(Retitled to “Reviews”and amended 5–1–1995 by O–18173 N.S.)

The City Manager shall promulgate policies and procedures necessary to implement this Division. (Retitled to “Policies And Procedures” and amended 5–1–1995 by O–18173 N.S.)

Ch. Art. Div. 2 2 27 4

San Diego Municipal Code Chapter 2: Government (5-2005)

Article 2: Administrative Code