Stockton Municipal Code

Chapter 3
ADMINISTRATIVE

Part V
NON-DISCRIMINATION AND AFFIRMATIVE ACTION PROGRAMS FOR PERFORMANCE OF CITY CONTRACTS

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SEC. 3-025. LOWEST RESPONSIBLE BIDDER — DETERMINATION:
In addition to price, in determining the "lowest responsible bidder" or "lowest and best regular 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 the bidder,
4. The quality of bidder's performance on previous purchases or contracts with the City;
5. The ability of the bidder to provide future maintenance, 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; and
7. Certification by the bidder that bidder has been pursuing and will continue to pursue an affirmative course of action as required by affirmative action guidelines of the City pertaining to the work of the contract and to the nature and size of bidder's 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, ancestry, sex or religion.
A. Under this section, specific guidelines will be adopted by council resolution from time to time, identifying the nature and scope of "affirmative action" required by the City.
B. Such guidelines shall be made available to all persons desiring to bid on City business.
(Amended by Ordinance 033-87C.S. — Effective June 26, 1987) (Added by Ordinance 2203-C.S — Effective February 17, 1972)

SEC. 3-026. CERTIFICATE OF NONDISCRIMINATION:
Each bidder shall enclose with the bid submitted a certificate stating whether bidder is currently in compliance with all federal and State of California laws covering nondiscrimination in employment, and that bidder will pursue an affirmative course of action as required by affirmative action guidelines as set forth in Section 3-025 and resolutions adopted pursuant thereto, and that if awarded the contract bidder will not discriminate in the employment of any person under the contract because of race, color, national origin, ancestry, sex or religion, and that bidder will participate, if requested, in pre-award review of bidder's qualifications under provisions of this Section. The requirements of this Section shall apply only to contracts in excess of twenty thousand dollars ($20,000.00) for services and/or supplies.
(Amended by Ordinance 033-87 C.S. — Effective June 26, 1987) (Added by Ordinance 2203-C.S. — Effective February 17, 1972)

SEC. 3-027. PENALTIES FOR DISCRIMINATION IN EMPLOYMENT:
Any contractor who shall be found in violation of the nondiscrimination provisions of state or federal law or executive order in the performance of any contract with the City shall be found in material breach of such contract and thereupon the City shall have the 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 fifty dollars ($50.00) for each person for each calendar day during which such person was discriminated against as damages for said breach of contract or both.
(Amended by Ordinance 033-87 C.S. — Effective June 26, 1987) (Added by Ordinance 2203-C.S. — Effective February 17, 1972)

SEC. 3-028. PENALTIES FOR VIOLATION OF AFFIRMATIVE ACTION PROVISIONS:
Any contractor who shall be found by the City Manager to be in violation of contractor's agreement to pursue an affirmative course of action or in violation of any provision of the affirmation action guidelines pertaining to contractor's contract shall be found in material breach of such contract and thereupon the City shall have the 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 five hundred dollars ($500.00) for each calendar day during which the contractor is found to have been in noncompliance, as damages for said breach of contract, or both.
(Amended by Ordinance 033-87 C.S. — Effective June 26, 1987) (Added by Ordinance 2203-C.S. — Effective February 17, 1972)