Albany Municipal Code § 2-29 City Contractor Equal Pay Act Compliance

[Added 5-20-2024 by Ord. No. 2024-01]

It is the intent of the Albany 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 ordinance shall apply to all individuals or firms who provide services to the City as independent contractors or paid consultants.

[Added 5-20-2024 by Ord. No. 2024-01]

CITY

As herein used shall mean the City of Albany.

CONTRACT

Means any agreement between the City and another party for the provision of material, equipment or services to the City. Contract does not include public works contracts as defined by Albany Municipal Code Subsection 13-4.1.

CONTRACTOR

Means any individual or firm providing or proposing to provide material, equipment or services to the City as an independent contractor or consultant.

[Added 5-20-2024 by Ord. No. 2024-01]

All contracts awarded by the City for material, equipment, or services to contractors shall demonstrate compliance with the requirements of the California Equal Pay Act and Fair Pay Act as codified in California Labor Code section 1197.5. The awarding of a contract or the approval of payments or expenses under a contract by the City to a person or entity that has not complied with the reporting requirements is regarded as a violation.

Awarding of contracts shall be prohibited according to the following:

a. A contractor shall not be awarded a contract with the City when the contractor has been determined to have violated the Equal Pay Act and Fair Pay Act at any time within the preceding five years.

b. A contractor shall not be awarded a contract with the City if the contractor refuses to comply with the requirement to provide a certification of compliance as part of Equal Pay Act and Fair Pay Act as part of contract agreements.

[Added 5-20-2024 by Ord. No. 2024-01]

Contractors shall certify in writing to the City that they will comply with the requirements of the California Equal Pay Act and Fair Pay Act, as defined in California Labor Code section 1197.5, and as may be amended, for the duration of the applicable contract.

[Added 5-20-2024 by Ord. No. 2024-01]

The City may issue a written notice to the contractor if it determines that a violation exists. The notice shall inform the contractor that it must cure the violation within 30 calendar days. Contractor's failure to cure the violation shall constitute a material breach of the applicable contract and the City may cancel, terminate, or suspend the contract in whole or in part, in addition to any other remedies or actions provided in the contract.