Upon
receipt of a written determination by the California Department of
Fair Employment and Housing or the United States Equal Employment
Opportunity Commission that it has investigated and determined that
the Contractor has violated the California Fair Employment and Housing
Act or California
Labor Code Section 1102, or upon receipt of a written
determination by a competent court of law that the Contractor has
violated the California Fair Employment and Housing Act or California
Labor Code Section 1102, the City Administrator shall determine whether
there is probable cause that discrimination occurred in the performance
of a contract with the City of Santa Barbara. If the Administrator
so determines, the Administrator shall request the City Council to
hold a public hearing to determine the existence of a discriminatory
practice in violation of this contract.
In addition to any other remedy or action provided by law or
the terms of this contract, the Contractor agrees, that should the
City Council determine after a public hearing duly noticed to the
Contractor that the Contractor has not complied with the non-discriminatory
employment practices provisions of this contract or has willfully
violated such provisions, the City may, without liability of any kind,
terminate, cancel or suspend this contract, in whole or in part. In
addition, upon such determination the Contractor shall, as a penalty
to the City, forfeit a penalty of $100.00 for each calendar day, or
portion thereof, for each person who was denied employment as a result
of such non-compliance. Such moneys shall be recovered from the Contractor.
The City may deduct any such penalties from any moneys due the Contractor
from the City.
A finding by the City Council, following a public hearing duly
noticed to the Contractor, of willful violation of the non-discriminatory
employment practices article of this contract shall be regarded by
the City as a basis for determining that as to future contracts for
which the Contractor may submit bids, the Contractor is a "disqualified
bidder" for being "non-responsible." The City shall notify the Contractor
that unless the Contractor demonstrates to the satisfaction of the
City within a stated period that the violation has been corrected,
the Contractor shall be declared a "disqualified bidder" until such
time as the Contractor can demonstrate that the Contractor has implemented
remedial measures, satisfactory to the City, to eliminate the discriminatory
employment practices which constituted the violation found by the
California Department of Fair Employment and Housing, the United States
Equal Employment Opportunity Commission, or competent court of law.