This chapter shall be known as the "City of Stockton Bidding,
Contracting, and Purchasing Ordinance."
(Prior code § 3-100)
The purpose of this chapter is as follows:
A.
To establish the expenditure authority of the City Manager pursuant to Section 2002 of the City Charter.
B.
To establish
procedures for the purchase of supplies, equipment, and services.
C.
To secure
for the City supplies, equipment, and services at the lowest possible
cost commensurate with the quality needed.
D.
To exercise
positive financial control over purchases and contracts.
E.
To define
clearly the necessary authority for the purchasing and contracting
function.
(Prior code § 3-101; Ord. 2015-01-27-1501-01 C.S. § 1)
means the City Manager or, with respect to their respective
departments, other Council appointees or officers specifically designated
to act for such officials.
means an unforeseen circumstance or combination of circumstances
calling for immediate action to procure materials, supplies, equipment
or services in order to make repairs, safeguard lives or property,
or maintain public health or welfare, as a result of extraordinary
conditions created by war, disease, weather, fire, or other catastrophe
or unforeseen occurrence or imminent or actual failure of any plant,
equipment, structure, street or public work.
means and includes rental or lease of supplies, as well as
purchase.
means and includes labor, professional services, consulting
services, or a combination of services and supplies.
means and includes supplies, materials, commodities, and
equipment.
(Prior code § 3-102)
A.
Except
as otherwise provided in this chapter, all contracts for supplies
or services involving an expenditure of more than $100,000.00 shall
be awarded by the City Council and shall be let to the lowest and
best regular responsible bidder.
B.
The
expenditure limit stated in subparagraph A of this section shall be
reviewed by the City Manager on an annual basis. When deemed appropriate
by the City Manager, a recommendation to increase the expenditure
limit will be made to the City Council by ordinance. The recommendation
shall be based on general inflation, economic and financial conditions,
and benchmark assessments with comparable municipalities and consistent
with best management practices.
(Prior code § 3-103; Ord. 2015-01-27-1501-01 C.S. § 2; Ord. 2021-11-02-1502 C.S. § 1)
A.
Any
action by the Stockton City Council to sell, transfer, lease, or otherwise
encumber any part of or any interest in City utilities, or to authorize
or enter into any agreement in excess of $5,000,000.00 that assigns
any aspect of the operation and maintenance of, or the collection
of revenue for, City utilities to any private or forprofit entity,
or any combination of those actions, shall be without force and effect
unless and until it is approved by a majority of voters of the City
either: at the next general municipal election occurring at least
45 days after the action by the Council, or at a special election
to be held not less than 60 days after that action by the Council.
B.
As used
in this section, "City utilities" means every component and facility
of the water storage, treatment, and delivery system and the wastewater
and stormwater collection, storage, treatment, and discharge systems
of the City.
(Prior code § 3-103.1)
Subject to the availability of funds and the procedures set
forth in this chapter, the City may be bound by written contract,
purchase order or other action consistent with written policies of
the City, by the appropriate officials for expenditures of up to $100,000.00
in any one transaction without advertising or previous specific action
by the City Council for the purchase of supplies or payment for services,
or a combination thereof.
(Prior code § 3-104; Ord. 2015-01-27-1501-01 C.S. § 3; Ord. 2021-11-02-1502 C.S § 2)
A.
Contracts
for over $100,000.00 may be awarded without competitive bidding in
cases where the City Council has approved findings which support and
justify exceptions to the competitive bidding process. These circumstances
may include, but are not to be limited to, the following:
1.
Cases
of emergencies;
2.
Public
works construction contracts for design-build projects;
3.
Negotiated
contracts following solicitation of competitive proposals;
4.
Sole
source vendors;
5.
Cooperative
purchasing agreements authorized by the City Council for the purchase
of supplies or services through other governmental jurisdictions or
public agencies; and
6.
When,
after advertising for bids as required herein, no valid bids are received.
B.
In cases
of emergencies, a written report, including the findings upon which
the emergency was based, shall be provided to the City Council no
later than its next regularly scheduled Council meeting.
(Prior code § 3-105; Ord. 2015-01-27-1501-01 C.S. § 4; Ord. 2021-11-02-1502 C.S. § 3)
It is unlawful for any officer or employee to purchase or contract
for supplies or services for the City other than as herein prescribed,
excepting purchases made from petty cash. Any purchases, contracts
or obligations incurred contrary to the provisions of this chapter
shall be voidable.
(Prior code § 3-106)
Preference shall be given to the purchase of supplies, materials,
equipment, and contractual services from local merchants, quality
and price being equal.
Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted 2% bid preference.
Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted 5% bid preference.
This section is intended to provide preference in the award
of certain City contracts in order to encourage businesses to move
into and expand within the City.
(Prior code § 3-106.1; Ord. 2014-03-18-1601 C.S. § 1)
A.
Findings.
The City Council of the City of Stockton hereby finds that:
1.
Unemployment
rates in Stockton have been consistently higher than in California
as a whole. Statistics indicate that the higher unemployment level
in Stockton correlates to a higher number of families living in poverty
and to a higher crime rate.
2.
Due
to the lack of local jobs, much of the work force residing in Stockton
is forced to commute long distances to find work, causing increased
traffic on state highways, increased pollution, increased use of gas
and other fuels and other serious environmental impacts.
3.
Because
of the shortage of local jobs, many residents of Stockton must leave
for work very early in the morning and return late in the evening,
often leaving children and teenagers alone and unsupervised during
the hours between school and the parents return from work outside
the area.
4.
Absentee
parents and unsupervised youth can result in increased problems for
families, communities and the City as a whole, including, but not
limited to, increased crime, more frequent and more serious injuries,
poor homework accomplishments, failing grades and increased high school
drop out rates.
5.
The
City Council of the City of Stockton has concluded that the City needs
an expanding employment base and that a policy that encourages contractors
who receive City contracts or subsidies to hire residents of Stockton
will benefit the City as a whole.
6.
Such
policy will provide job opportunities to Stockton residents, expand
the City's employment base, lessen the drain on public assistance
resources and reduce the impacts on the environment caused by high
unemployment and long commuting times to jobs outside the area.
B.
Declaration
of Policy and Purpose.
1.
It
is the policy of the City of Stockton to ensure full and equitable
opportunities for Stockton residents to participate in the employment
opportunities that arise from public works contracts.
2.
It
is also the policy of the City of Stockton to increase the number
of employed persons living in the City of Stockton in an attempt to
counteract the grave economic and social ills associated with the
higher unemployment levels that exist within the City.
3.
In
furtherance of this policy the City of Stockton has established a
local hiring program to encourage the hiring and retention of Stockton
residents for the work to be performed under public works contracts.
C.
Scope
and Goals.
1.
Unless
such a provision would conflict with a State or Federal law or regulation
applicable to a particular contract for public works or improvements,
all City contracts for public works or improvements of estimated value
or City subsidy of $100,000.00 or more shall contain provisions pursuant
to which the contractor promises to make a good faith effort, with
the assistance of local labor union hiring halls or community organizations
designated by the City to employ qualified individuals who are, and
have been for one year prior to the effective date of the contract,
residents of Stockton in sufficient numbers so that no less than 50
percent of the contractor's total construction work force, including
any subcontractor work force, measured in labor work hours, is comprised
of Stockton residents.
2.
Unless such provision would conflict with a State or Federal law or regulation applicable to a particular contract for a public works project, all City contracts for a public works project referenced in subsection (1) shall contain provisions pursuant to which each contractor or subcontractor shall make a good faith effort to employ apprentices who are enrolled in and participating in a viable apprenticeship program serving the San Joaquin Valley and approved by the State Department of Apprenticeship Standards. This apprenticeship requirement shall apply for each apprenticable craft or trade in which the contractor employs workers in performing any of the work under the contract.
3.
If,
in response to a written request made at least 48 hours (excluding
Saturday, Sunday and holidays) before the date on which one or more
apprentices are required, an apprenticeship program(s) does not dispatch
any apprentice or dispatches fewer apprentices than requested to a
contractor (that has agreed to employ and train apprentices in accordance
with California Labor Code Section 1777.5) within 72 hours of such
request (excluding Saturday, Sunday and holidays), that contractor
shall be considered in compliance with the apprentice employment requirement
for that trade or craft for a 90-day period from the request date,
provided the contractor employs those apprentices who are dispatched.
Where there is more than one viable apprenticeship program for that
trade or craft serving the San Joaquin Valley, a contractor, that
is not a participant in or an affiliate of an apprenticeship program
and receives fewer apprentices dispatched than requested, shall not
be considered in compliance with the apprentice employment requirement
unless the contractor has made a written request for the dispatch
of apprentices from at least two viable apprenticeship programs. A
contractor, that is a participant in or an affiliate of an apprenticeship
program, shall make dispatch requests to the program in which it is
affiliated or participating.
4.
In
the event that no viable apprenticeship program exists for a particular
craft or trade, the contractor shall be exempt from the requirements
of this section with regard to that craft or trade.
5.
A
contractor employing apprentices pursuant to this section shall employ
apprentices in a ratio of not less than one apprentice for each five
journeymen in the apprenticeship craft or trade classification that
are employed on the public work contract unless to do so would result
in apprentice employment in ratios below the minimum ratios prescribed
by California Labor Code Section 1777.5 in which case apprentice employment
shall be at least in the ratios prescribed by California Labor Code
Section 1777.5.
6.
This
section shall not be construed so as to exempt a contractor from any
otherwise applicable requirement imposed upon the contractor by the
California Labor Code.
D.
Good
Faith Effort. A bidder or contractor who fails to meet the goal of
having 50 percent of its work force be residents of Stockton shall,
nevertheless, be deemed to have made a "good faith effort" to hire
sufficient numbers of residents of Stockton if, prior to execution
of the contract with the City, six or more of the following employee
recruitment activities have been undertaken and documented:
1.
Placing
a valid job order for existing and projected position vacancies with
the local office of the State Employment Development Department, for
no less than 10 consecutive calendar days;
2.
Placing
a valid job order for existing and projected position vacancies with
Worknet of San Joaquin County, for no less than 10 consecutive calendar
days;
3.
Advertising
existing and projected position vacancies, job informational meetings,
job application workshops, job application centers and job interviews
by posting notices which identify the positions to be filled, the
qualifications required, and where to obtain additional information
about the application process, in conspicuous local authorized public
places, including but not limited to the City Hall, schools, post
offices, libraries, and senior citizens' centers;
4.
Conducting
a job informational meeting to inform the community of employment
opportunities of the contractor, to be held at a City or other public
facility (may be combined with other contractors);
5.
Providing
ongoing assistance to Stockton residents in completing job application
forms;
6.
Conducting
a job application workshop to assist the community in applying and
interviewing for jobs in the contracting industry, to be held at a
City or other public facility (may be combined with other contractors);
7.
Establishing
a job application center located in the City of Stockton, where job
applications may be obtained, delivered to and collected;
8.
Conducting
job interviews within 10 miles of the location designated for contract
performance;
9.
Advertising
valid existing and projected position vacancies through the local
media, such as community television network, local newspapers of general
circulation, and trade papers or minority focus newspapers;
10.
Telephone solicitation of known potential local subcontractors or
employees;
11.
Any other means of obtaining employees who are residents of Stockton
that are reasonably calculated to comply with the goals of this section.
E.
Required
Documentation.
1.
The
contractor shall keep, and provide to the City, on standardized forms
acceptable to the City, an accurate record showing the name, place
of residence, hours employed and per diem wages and benefits of each
person employed by the contractor, and the contractor's subcontractors,
on the specific public works project, including fulltime, part-time,
permanent and temporary employees.
2.
The
contractor shall keep, and provide to the City, on forms acceptable
to the City, an accurate record documenting the contractor's good
faith efforts to comply with the local resident employment and apprentice
employment provisions of this section. Said records shall include:
a listing by name and address of all local recruitment sources contacted
by the contractor; the date of the local recruitment contact and the
identity of the person contacted; the trade and classification and
number of employment referrals requested; the number of local residents
employed as a result of the contact; and the identity and address
of the person(s) employed pursuant to the contact.
F.
Forms
Submitted Under Penalty of Perjury. All forms required under this
section shall attest to the veracity of the information set forth
therein and shall be submitted under penalty of perjury.
G.
Irresponsible Bidder Declaration. Should any contractor or subcontractor fail to abide by the good faith local resident employment and apprentice employment provisions of this section, the contractor or subcontractor may be declared by the City to be an irresponsible bidder on future projects pursuant to Section 3.72.010 of this code.
H.
Binding
on Subcontractors. The good faith local resident employment and apprentice
employment provisions of this section shall bind the contractor both
with respect to persons employed directly by the contractor and to
all persons employed by the contractor's subcontractors. The contractor
shall be responsible for assuring that all subcontractors document
said compliance by submitting, and making available to the City, the
forms required by this section.
I.
"Contract for public works or improvement"
"Qualified individual"
"Resident of Stockton"
"Viable apprenticeship program"
Definitions.
As used in this section, the following terms shall have the following
definitions:
means any contract with the City for construction, alteration,
demolition or repair work.
means an individual who is in a certified State or Federally
approved apprenticeship program in an applicable trade or has become
a journeyperson in his or her applicable trade.
means an individual who has been domiciled, as defined by
Section 200(b) of the California Elections Code, within the boundaries
of Stockton for at least one year immediately preceding the date of
the award of contract by the City and who can verify his or her domicile
upon request of the contractor or City by producing documentation
such as a rent/lease agreement, telephone and utility bills or payment
receipts, a valid California driver's license or identification card,
and/or any other similar, reliable evidence that verifies that the
individual is domiciled within Stockton. For the purposes of this
section, the following Zip Code areas are considered to be within
Stockton: 95202, 95203, 95204, 95205, 95206, 95207, 95209, 95210,
95212, 95215 and 95219.
means an apprenticeship program approved by the California
Department of Apprenticeship Standards that has graduated apprentices
annually for at least the past five years. Any apprenticeship program
that has been approved for less than 10 years shall be deemed a viable
apprenticeship program provided that, following the fifth anniversary
of its approval by the California Department of Apprenticeship Standards,
it graduates apprentices each subsequent year.
J.
Contracts
– Bid Documents – Subcontracts.
1.
Contracts
and bid documents shall incorporate this section by reference and
shall provide that the failure of any contractor or subcontractor
to comply with any of its requirements shall be deemed a material
breach of the contract or subcontract.
2.
All
subcontracts shall expressly acknowledge the City's status as a third
party beneficiary to that subcontract and further expressly acknowledge
that the City, as a third party beneficiary, shall have the right
to enforce the provisions of this section with regard to that subcontract
or seek remedies available under this section should a party to the
subcontract fail to comply with any of the provisions of this section
that apply to the subcontract.
3.
Contracts
and bid documents shall require bidders, contractors and subcontractors
to maintain records necessary for monitoring their compliance with
this section.
K.
Exceptions.
The provisions of this section shall not apply:
1.
Where
the City determines that the contract is necessary to respond to a
declared emergency which endangers the public health, welfare or safety
and there is no time to apply the provisions of this section.
2.
To
City construction contracts or portions thereof, wherein the work
is of a highly specialized nature as determined by the City Council
when the contract specifications are approved.
(Ord. 011-09 § 1, eff. 10-01-09)
