In adopting this Article, it is the intent of the City Council to provide a local means of determining whether entities contracting with the City are in compliance with the California Equal Pay Act.
The regulations established by this Article shall apply to all individuals or firms who provide services to the City as independent contractors or paid consultants.
(Ord. 534 § 2, 2021)
"City"
as used herein shall mean the City of Hercules, California.
"City officials,"
for the purposes of this Article, means City elected officials, City appointed officials, and City employees, including all individuals who are employed by the City Manager, City Attorney, and City Clerk, as well as all employees of City agencies and departments.
"Contractor"
means any individual or firm providing or proposing to provide material, equipment, or services to the City as an independent contractor or consultant.
(Ord. 534 § 2, 2021)
(a) 
Statement of Policy. It is the policy of the City of Hercules to avoid awarding contracts for supplies, construction, maintenance, and professional or other services to contractors that are not in compliance with the requirements of the California Equal Pay Act. The awarding of a contract or the approval of payments or expenses under a contract by a City official, to a person or entity that has not complied with the reporting requirements of this Article, is regarded as a violation of this Section.
It is therefore the City's policy to prohibit awarding City contracts, according to the guidelines below:
(1) 
A contractor shall not be awarded a contract with the City when the contractor has been determined to have violated the Equal Pay Act at any time within the preceding five (5) years.
(2) 
A firm shall not be awarded a contract with the City when an owner, manager, senior member, principal, officer, or partner of the firm has been determined to have violated the Equal Pay Act at any time within the preceding five (5) years.
(3) 
The City Manager is prohibited from approving the award of a contract to a contractor who refuses to comply with the requirement to provide an acknowledgment of Equal Pay Act compliance pursuant to Section 2-3.506.
The intent of this Section is to ensure that no discrimination against individuals or groups protected under the California Equal Pay Act enters into the contracting practices of the City.
(b) 
Responsibility to Report a Violation of Contractor Equal Pay Act Compliance Requirements. It is the responsibility of City officials to report a violation of this Section. A City employee must notify his or her supervisor, and an elected or appointed official must notify the City Manager, when he or she is aware of any of the following situations:
(1) 
When a contractor has been found to be in violation of the Equal Pay Act and is being considered for the award of a contract to provide services to the City; and/or
(2) 
When a City official becomes aware of a contractor with an existing contract to provide material, equipment or services to the City is found to be in violation of the Equal Pay Act.
(c) 
Penalty for Failure to Report. A City official who knows or should know that a contractor is being considered for or has been awarded a contract with the City in violation of this Article, and fails to report the violation, is subject to discipline, including, but not limited to, suspension or termination.
(d) 
A contractor with a contract with the City or who seeks a contract with the City and fails to report a violation of the Equal Pay Act or is otherwise not in compliance with requirements of this Article may have his or her contract terminated and may be precluded from being awarded any future contracts with the City.
(Ord. 534 § 2, 2021)
The penalties provided under this Article are not exclusive, and do not preclude punishment under any other applicable provision of law.
(Ord. 534 § 2, 2021)
(a) 
The requirements of this Article shall be acknowledged by all contractors, on a form developed by the City Attorney and provided to contractors by the City Clerk. No contract shall be entered into without submission of the required acknowledgment form.
(b) 
All contractors, and all prospective contractors, shall be notified in writing of the requirements of this Article at the time the City issues a request for proposals or qualifications, and prior to entering into an agreement.
(Ord. 534 § 2, 2021)