Saratoga Municipal Code Art. 12-10 Nondiscrimination

(a) Each bidder shall enclose with his bid a certificate stating whether he is currently in compliance with all Federal and State laws covering nondiscrimination in employment, and that he will pursue an affirmative course of action as required by such affirmative action guidelines as may be established by the City Council, and that if awarded the contract he will not discriminate in the employment of any person under the contract because of race, color, national origin or ancestry, sex or religion of such person, and that he will participate if requested in pre-award review of his qualifications under the provisions of this Section. The requirements of this Section shall apply only to contracts in excess of Five Thousand Dollars for services or for a combination of services and supplies.

(b) The City Council may adopt affirmative action guidelines reasonably pertaining to the work of the contract and to the nature and size of the work force, to ensure that applicants are sought and employed and that employees are treated during employment without regard to their race, color, national origin or ancestry, sex or religion. Such guidelines shall be made available to all persons desiring to bid on City contracts.

(a) Any contractor who shall be found in violation of the nondiscrimination provisions of any State or Federal 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 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 Twenty-Five Dollars for each person for each day during which such person was discriminated against, as damages for such breach of contract, or both. Only a finding of the State Fair Employment Practices Commission or the equivalent Federal agency or officer shall constitute evidence of a violation of contract under this Section.

(b) Any contractor who shall be found by the City Manager to be in violation of his agreement to pursue an affirmative course of action or in violation of any provision of the affirmative action guidelines pertaining to his contract shall be found in material breach of such contract and thereupon the City shall have 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 Two Hundred Fifty Dollars for each calendar day during which the contractor is found to have been in noncompliance as damages for breach of contract, or both.