Chapter 4.08

NONDISCRIMINATION REQUIREMENTS FOR CONTRACTS

Sections:

• 4.08.020 Compliance office.

• 4.08.030 Contracts subject to this chapter.

• 4.08.040 Exceptions.

• 4.08.050 Nondiscrimination provision.

• 4.08.060 Contracts subject to Executive Order No. 11246.

• 4.08.070 Violations of this chapter.

• 4.08.080 Listing of subcontractors.

The city intends to bring about the full cooperation of all the necessary elements of the community, including public and private agencies, developers, contractors, subcontractors, labor unions, and job training and manpower programs, to eliminate all unlawful discrimination and preferential treatment in subcontracting, employment and advancement.

(Ord. 25207.)

• A. This chapter shall be administered by the city manager through the office of equality assurance.

*Editor’s note— Ord. 27980, § 8, adopted March 13, 2007, repealed Ch. 4.06, §§ 4.06.010 - 4.06.050, which pertained to contracting preferences for local and small businesses. See also the Code Comparative Table.

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The following types of contracts are subject to this Chapter:

• A. Contracts for public works. Any contract for a Public Works Project that is covered by Title 27 of this Code.

• B. Construction consultant contracts. Any contract for preparation by the contractor of plans and specifications for a public works project or miscellaneous public works project or for the making of soil tests or engineering surveys in connection with such works.

• C. Purchasing contracts. Any contract for the purchase by city of equipment, supplies and materials.

of the contract with the city so that such provision shall be binding upon each of its subcontractors.

• C. The requirements of this section may be waived by the compliance officer, if the compliance officer determines that the contractor has its own nondiscrimination requirements or is bound in the performance of city contracts by the nondiscrimination requirements of another governmental agency, and the nondiscrimination requirements of the contractor or other governmental agency are substantially the same as those imposed by the city.

• D. The contractor shall file any compliance reports required by the contract with the compliance officer.

• E. The failure of any contract subject to this section to contain the required provisions shall not in any way invalidate the contract.

• (Ord. 25207.)

(Ords. 25207, 30308.)

The following contracts are not subject to the requirements of this chapter:

• A. Any contract between the city and any other governmental agency or entity;

• B. Any contract between the city and any public utility;

• C. Any contract entered into by the city council or city manager in case of public emergency;

• D. Purchases pursuant to mutual or joint purchasing contracts with any other governmental agency or entity.

• (Ord. 25207.)

• A. Contracts subject to this chapter shall contain a nondiscrimination and nonpreference provision(s) prepared by the city attorney consistent with the intent of this chapter.

• B. The contractor shall include the same nondiscrimination and nonpreference provision(s) in every subcontract entered into in furtherance

Neither this chapter nor any portion thereof shall apply to any contract which is subject to the president's Executive Order No. 11246 (or any amendment thereto or any executive order superseding Order No. 11246) and the rules or regulations promulgated pursuant thereto, except as may be otherwise specifically provided by the contract documents.

(Ord. 25207.)

• A. It shall be a violation of this chapter for any contractor to discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in the performance of any contract with the city or with the redevelopment agency of the City of San José.

• B. It shall be a violation of this chapter for any contractor to discriminate or grant preferential treatment on the basis of race, sex, color,

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§ 4.10.110

age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in the selecting of any subcontractor for work on a city or agency contract.

• C. It shall be a violation of this chapter for any contractor to discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in the purchase of equipment, supplies and materials for any work on a city or agency contract.

• D. Nothing herein shall be interpreted as precluding any reasonable accommodation provided to any person with a disability.

• (Ords. 25207, 26786.)

Nothing in this chapter shall allow any bidder to violate any requirement of state law or of the contract documents requiring the listing or designation of subcontractors.

(Ord. 25207.)

Part 1

PURPOSE

Sections:

• 4.10.100 Scope of chapter.

• 4.10.105 Rationale.

• 4.10.110 Due process.

• A. This Chapter sets forth the procedures for debarring Contractors.

• B. Debarring a Contractor results in the Contractor being prohibited from doing business with the City for a period not to exceed five (5) years.

• C. This Chapter does not preclude the City from rejecting a Contractor for not being responsible based on the requirements of a specific procurement outside of the debarment process set forth in this Chapter.

• (Ord. 30733.)