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HomeMy WebLinkAbout38.31 ORDINANCE NO. 38.31 AN ORDINANCE OF THE CITY OF SARATOGA ADDING CHAPTER 15 TO THE SARATOGA CITY CODE, RELATING TO PUBLIC WORKSCONTRACTS AND NONDISCRIMINATION IN THE PERFORMANCE THEREOF The City Council of thelCity of Saratoga does hereby ordain as follows: Section 1: Chapter 15 is hereby added to the Sara[oga City Code, to be entitled "PUBLIC WORKS CONTRACTS", and Article I and the sections and subsections thereof are as follows: CHAPTER 15. PUBLIC WORKS CONTRACTS. Article I. Nondiscrimination Required. Sec. 15-1. Applicability. The provisions of this article and chapter are intended to supplement the provisions and requirements of Chapter 6,. Division 3 of Title4 of the Government Code of the State of California (Sections 37900-37935), relatingtol-public projects, and in the event that any provisions hereof should conflict with or contradict any of the provisions of said Government Code as now existing or as hereinafter enacted or amended, then and in that event the Government Code sections relating thereto shall supersede any such contradictory or contrary provisions in this article and chapter. Sec. 15-2. Lowest Responsible Bidder. In addition to price, in determining the "lowest responsible bidder, "consideration will be given to quality and performance of the supplies to be purchased or services provided by the seller. Criteria for determining low bid shall include, but not be limited to, the following: (1) The ability, capacity and skill of the bidder, to perform the contract or provide the supplies or services required. '(2) The ability of the bidder to provide the supplies or services promptly, or within the time specified, without delay or interference. (3)'The character, integrity, reputation, judgment, experience and efficiency of thebidder. (4) The 'quality of bidder's performance on previous pur- chases or contracts with the cit~. (5) The ability of the bidder to provide future mainten- ance, repair parts and services for the use of the supplies purchased. (6) Current compliance by the bidder with federal acts and executive orders and State of California statutes governing the subject of nondiscrimination in employment, provided that the City ManaBet shall recognize as~proof of noncompliance only the final decisions and orders of those federal and state agencies empowered under the law to make such findings. (7) Certification by the bidder that he will pursue an affirmative course of action as required by affirmative action guidelines provided hereinafter reasonably pertaining to the work of the contract and to the nature and size of his work force, to ensure that applicants are sought and employed, and that employees are treated during employment, without regard to their race, color, national origin or ancestry, Qr religion. (a) Under this section, specific guidelines may be adopted by City Council resolution from time to time, identifying the nature and scope of "affirmative action" desired by the City. (b) Such guidelines shall be made available to all persons desiring to bid on city business. Sec. 15-3. Certificate of Nondiscrimination. Each bidder shall enclose with his .bid a certificate stating whether he is currently in compliance with all federal and State of California laws covering nondiscrimination in ·employment, and that he will pursue an affirmative course of action as'required by affirmative action guidelines as set forth in 'Section 15'-2 and resolutions adopted pursuant thereto, and that if awarded the contract he will not discriminate in the employment of any person under the contract because of race, color, national origin or ancestry, or religion, of such person, and that he will participate if requested, in pre-award review of his qualifications under provisions of this section. The requirements of this section shall apply only to contrac'ts in excess of five thousand dollars for services or for a combination of services and supplies. Sec. 15r~. Penalties for discrimination in employment. Any contractor who shall be found in violation of the nondiscrimination provisions of the State of California Fair Employ- ment Practices Act or similar provisions of federal law or executive order in the performance of any Contract with the city, thereby 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 Z ~oo : for each person for each calendar day during which such person was.discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officeshall constitute evidence of a violation of contract under this section. Sec. 15-5. Penalties for violation of affirmative action provisions. Any contractor who shall be found bythe City Manager to be in violation of his agreement to pursue anL affirmative course of action or in violation of any provision of the affirma- tive action guidelines pertaining to his 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 $25d.D0.: ' for each calendar day during which the contractor is found to have been in noncom- pliance, as damages for said breach of contract, or both. Section 2: If any section, subsection, sentence, clause or phrase of th~rdinance is for any reason held by a court of competent sdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinace and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or'more sections, sub- sections, sentences, clauses or phrases be held iDvalid or unconstitutional. Section 3: This ordinance· shall take effect and be in full force ~and effect thirty (30) days from and after the date of i~s passage and adoption. The above and foregoing ordinance was regularly introduced and after the waiting. time required by law was there- after passed and adopted·at a regular meeting ofthe City Council of the City-of Saratoga on'the' 6th day of Aueust , 1969, by the following vote: AYES: Councilmen Tyler, Dwyer, R6bbins, Smith, Sanders ABSENT: None . ~' ~/ ....Ci y Clerk~ ~ ,/ t j lbe above and fore~o]n is a true and copy c,~ Oralinane9 3 ~31' which has .. published according tg law. Deputy City Clerk -3-