A. The city manager shall have the authority to adopt rules and regulations establishing standards and procedures for effectively carrying out this chapter.
B. Upon a finding by the city manager that a contractor has violated the requirements of this chapter, the city shall have the rights and remedies described in this section, in addition to any rights and remedies provided by law or in equity;
1. Suspension and/or termination of the contract for cause;
2. Repayment of any or all of the contract amount disbursed by the city;
3. The city manager may deem the entity ineligible for future contracts until all penalties and restitution have been paid in full;
4. The city manager may deem the entity ineligible for future contracts for up to two years.
5. Imposing a penalty payable to the city in the sum of fifty dollars ($50.00) for each person for each calendar day during which such person was discriminated against in violation of the provisions of this chapter;
C. In the event of any action to enforce this chapter, the city shall be entitled to recover reasonable attorney's fees and costs.
D. An employee claiming violation of this chapter may bring an action in the appropriate division of the Superior Court of the State of California against a contractor and obtain the following remedies:
1. Reinstatement, injunctive relief, compensatory damages and punitive damages;
2. Reasonable attorney's fees and costs.
E. Notwithstanding any provision of this chapter or any other chapter to the contrary, no criminal penalties shall attach for any violation of this chapter.
F. No remedy set forth in this chapter is intended to be exclusive or a prerequisite for asserting a cause of action to enforce any rights hereunder in a court of law. This chapter shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination.
G. Nothing in this chapter shall be interpreted to authorize a right of action by any person for damages, injunctive relief, or any other remedy against the city for conduct of the city in enforcing or failing to enforce this chapter.
H. Nothing in this chapter shall be construed to waive any immunity afforded to the city by local, state or federal law.
I. This chapter shall not be applied in any manner that would result in a violation of state or federal law. (Ord. 2004-061 § 1)