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Equal Benefits Ordinance: Sacramento, Calif.

Passed in 2004
Effective on  April 1, 2005

Applies to:

  • City contracts exceeding $25,000
  • Businesses’ operations within the city
  • In a jurisdiction outside the city if  a significant portion of the work related to a contract is being performed there
  • City-owned real property outside of the city

Exceptions & Waivers

City manager can waive compliance if:

  • There is only one prospective contractor or the contractor is a sole source provider
  • Contract is responding to an emergency
  • Where, after taking all reasonable measures to find a company that complies with the EBO, the city manager determines there are no qualified responsive bidders or contractors who can comply with the EBO and that the contract is for goods, services or a project that is essential to the city or city residents
  • The contract involves specialized legal services such that it would be in the best interests of the city to waive the equal benefits requirement
  • Contact is pursuant to cooperative purchasing agreement
  • The EBO requirements are inconsistent with a grant or agreement with a  public agency

Enforcement

If a contractor does not comply, they may be deemed to be in material breach of the bid or subsequent City agreement.  When that happens, the City may take the following steps:

  • Reject a Bid
  • Repayment of the contract amount dispersed
  • Disqualification of a contractor from bidding or being awarded a city contract until all penalties and restitution have been paid
  • Disqualification of a contractor from bidding or being awarded a city contract for up to two years
  • Impose a penalty payable to the city in the sum of $50 for each calendar day during which such person was discriminated against in violation of the EBO
  • An employee can also bring a civil action against a contractor
  • Suspend or terminate a Contract

Citation

Sacramento Municipal  Code Chap. 3.54

Contact

City of Sacramento
Ralph Clouse, Equal Benefits Program
921 10th St., Room 402
Sacramento, CA 95814-2714
916/808-8796
916/808-6765 (fax)
RClouse@cityofsacramento.org
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    Equal Benefits Ordinances