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Home My WebLink AboutORD 2420' ., • • .ORIGINAL "ORDINANCE NO. 2420 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE PALO ALTO MUNICIPAL CODE TO ADD · The. council of the City of Palo Al_to does ORDAIN as follows: SECTION 1. That Section·2.30.090 of the Palo Alto M~micipal Code be amended to read as followJ: "2.30.090 Low~st resPonsible bidder. _:rn addition to price, in determining_the 'lowest responsible bidder,' consideratiorf ...... i"l"'I L..-_,:..;. • ..;...._'.a....;..._.., __ ,..:.~: ..... --...:1 ___ ,c,...,__,.,._.,,,......_ _......,;:: .f..·ho. C!·.,,~...,,i;ne +-r.. W..&..&..• JJt:;:; y..1.vc.1J ... v "i"'Q..&...&.l,,;X Q.l.IU t"\7,;.L.&..'-'..L•HP~• ........... ""' ... 'tlli> .. ,i.'W ~"~l:'·s,;-._v ··-~ - 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 b.idde,:r, 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·. .~.~:,:~I ~ • (5) ···The abil,ity of. the bidder to provide future main-,:' tenan'i:e,1 r_epair. parts and . se;-vices for the use of the supplies purchased.·'' · :\~·_: I 1,. (6) " current.;compliance by tbe bidder with. federal acts and executive orders and State·o"f.California statutes govern .... j,nq the sUbject of nondiscrimination in ·employmen·t',. provided that the ci:t:y m'anager 1;hall recognize as proof of· noncompliance only th~ final '·d~i:;:isions. and. 'i:Jrdets Of those federal and st~t;.e agencies empowered under the law to make. such findings. . -. -'~ - ;(7) -certification-by the bidder that he will pursue an-affirmative course of action as·req\lired by affirmative ·action quidelines provided hereinafte' \reasortab].y pertaining to th,e work Of t.he CCn~raqt .,ant;} . to the'·· nature· and . size 9f his wcrk force~, to ensure that .. appli9ant 1 are sought: an~, employed, and that employ~e'il a~e·treat~ci·durinq employment, wfthout re9ard.-.-to' their r~ce ~ ·col9l:-, nati'c)na·1 ·origin qr ·ancestry, or ·religion • · . · 1 -.' . · : · . . ·,i (a)· -Ond~r .. Jhis sec~ioi1., specific quidelines llfill be adppt~d by council resolution from .time to time; ;i.dentif:;finq· the nature arid scope of ':affirmati!e action' desired by the city• ·-· , ... 1 ~ ·': · .. • • (b) su~h guidelines shall be made available to all persons desiring to bid on city buslness.11 SECTION 2. That section 2.30.091 be added to the Palo Alto Municipal ·code to read as follows: 11 2.30.091 Certifidate of nondisctiiUination. ·Each bidder shall enclose-with his bid a certiffcate 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. a.ffirmative act.ion guidelines as set forth in Section 2.30.090 and resolutions adopted pursuan~ thereto, and.that if awarded the contract he will not discriminate in the em ployment of any person under the contract· because of race, color, national origin or ancestry, or religion, of. such per$6n, and that he will participate,: if requested, in pre award review of his qualifications under provisions of this section. The J:>equiremen~s of t}l,is·section ~hall 2lPPlY only to contracts in excess of five thousand.dollars for services or for a combination of services and supplies ... SECTION 3. rrhat 8ection. 2. 30. 092 be added to the Palo Alto Municipal code· to read·· as follows: "2.30.092 Penalties for discrimination inempl.oyment~ Any contractor who shall be found in violation of the nondis crimlnation -provisions .. of the.· S·tate of Cal:Lfoi:nia. Pair. Employment :Practices Act or similar provisions of federal ., law or executive .order in £he performana~ ·of any contl",;;1,ct with the city, tllex:eby ehall 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 twenty-five dollars ( $25. 00) for eac.h person for each calendar day during which such person was.discriminated ag'ainst, as damages :for si\'id breach of contract, or both. only a finding of the ·state of cal';t.fornia ·Fair Empl,.oyment . Practices"Commission .or the equiva~,ent fe<leral agency or e>ff.icer shall constitute evidence 'of a violation of contract under this sect ion. " · SECTJ:(>N ·4. That Section 2. 30. o'9 3 be added to th~ Palo Al to Municipal code to read a,s follows: "2.30.093 Penalties for violation:of.affirma:tive .act:i,on provi'sions~ 'AnY contractor-~ho.sfi.all·be found by the city Manager t9 be Jn·· v.iolation of his agreement to pursue an . · affirmative courEfe_· Of action or ·in violation of any. ptov1sion of the affirmative ·action guidelines pertaining to his con-., tract shall be found in --material breach of· such contract and. th~reupan the.City shall have power to· cancel or'suspend.the contract, in whole .or in part-, or to detluct :from th~ amojint payable to such contractor the sum of two··hundred fitty · dollars ($250.00) for e"ch calendar .. ,day during which the c9ntractor is found to have been ·in/\o~coll!,pliance, as dam"."' ages for said breach of contract~ o£'both." ;J . ,.-. - 2 - -· '.\., i, ' / \.....// • •• SECTION s. Thi:s ordinance shall become effective thirty days from the date of its paasage. \. INTRODUCED: March 18, 1968 PASSED: April l, 1968 AYES: NOES: Arnold, Beahrs, Berwald, Clark, Comstock, Cooley, Dias, Gallagher, Pearson, Spaeth, Wheatley None ABSENT: None APP.iOVED AS TO FORM: ·(}II~ e>'fYAttorney _:··-· . '~ 3