All contracts costing in excess of $10,000.00 shall include a certification of nondiscrimination that in the performance of the contract with the city, the consultant or the contractor will not discriminate in the employment of any person due to that person's race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person.
Any consultant or contractor who is found in violation of any federal, state or local nondiscrimination law in the performance of any contract with the city, thereby 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 $1,000 for each person for each calendar day during which the City Manager determines such person was subject to discriminatory conduct or action by the consultant or the contractor or any officer, employee, agent or representative of the consultant or the contractor, as damages for breach of contract, or both. Only a finding of the U.S. Department of Labor, the U.S. Equal Employment Opportunity Commission, State of California Fair Employment Practices Commission, or the equivalent federal agency or office shall constitute evidence of a violation of contract under this Section.
(Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)