WHEREAS, by enactment of Chapter 49.60 of the Revised Code of Washington, the Washington State Legislature has declared that practices of discrimination against any of the state's inhabitants because of race, creed, color or national origin are a matter of state concern, and that such discrimination threatens not only the rights and proper privileges of its inhabitants but menaces the institutions of a free democratic state; and
WHEREAS, by enactment of Section 49.60.030 of the Revised Code of Washington, the Washington State Legislature has declared it to be the civil right of every person to be free from discrimination in employment because of race, creed, color or national origin; and
WHEREAS, by enactment of Section 49.60.180 and related sections of the Revised Code of Washington, the Washington State Legislature has made it an unfair employment practice for any employer, labor union, or employment agency to discriminate with respect to equal employment opportunity because of race, creed, color or national origin; and
WHEREAS, the above legislative purposes would be contravened by awarding public contracts to contractors whose practices do not promote equal employment opportunity; and
WHEREAS, it is the policy of the executive branch of the state government to encourage, by positive measures, equal employment opportunity for all persons within the state;
NOW, THEREFORE, by virtue of the authority vested in me as Governor of the State of Washington by the constitution and statutes of the State, it is hereby ordered as follows:
SECTION 1. Obligations of State Contracting Agencies: Every department or agency of the State of Washington which awards contracts for the construction, alteration or repair of any public building, public highway or other public work (all of which departments and agencies are hereinafter referred to as "contracting agencies") shall utilize procedures which will effectively implement the mandate of the Washington State Legislature and of this Order.
A. The goal to which the procedures to be utilized by the contracting agencies are to be directed is to ensure that minority group persons are employed to a significant degree on all public works projects in the state. This goal is to be sought whenever public funds, from any source, are expended.
B. The contracting agencies shall include in the bid specifications for a public works contract a requirement that the prospective contractor and his subcontractors must agree to take affirmative action to employ minority group workers in the performance of the contract. The bid specifications shall express as precisely as possible what affirmative action a contractor will be obligated to take.
SECTION 2. Sanctions: All contracting agencies shall utilize contract provisions in public works contracts awarded after the effective date of this Order which will authorize the contracting agency to take such steps as are necessary to bring the contractor and/or subcontractor into compliance with the requirement to employ minority group workers during the entire course of the contract.
SECTION 3. Administration of Contract Compliance Program: The Washington State Board Against Discrimination shall develop procedures for recommendation to the contracting agencies which will ensure that the mandate of this Order to provide employment opportunity under state contracts to minority group citizens of this state is carried out.
A. The Washington State Board Against Discrimination shall develop recommended goals of minority employment for various types of state contracts, and for the various trades and occupations utilized in the performance of the contracts.
B. The Washington State Board Against Discrimination shall make available to the contracting agencies, recommended bid specifications, contract provisions, and bid,contract, and compliance procedures.
SECTION 4. Coordination With Other Agencies: The contracting agencies, and the Washington State Board Against Discrimination shall coordinate the adoption of contracting procedures with other agencies of government, state and local, to achieve where possible, a uniform program to ensure that minority group citizens of the state are provided a real opportunity to obtain employment whenever contracts authorizing the expenditures of public funds from any source are awarded.
SECTION 5. Reporting: The Washington State Board Against Discrimination shall report to this office on compliance with this Executive Order, and the effectiveness of the contracting agencies' programs at such times as it considers appropriate, but not less frequently than once a year.
Dated this 30th day of January, 1970.
|Daniel J. Evans
|Secretary of State|
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