§ 423.120. Penalties for non-compliance.

Compliance with this chapter and any rules or regulations related thereto shall be deemed to be a material condition of performance of the contract, and failure to comply shall be deemed a breach of the contract. If a developer, contractor, subcontractor, supplier, vendor or subrecipient does not make a good faith effort to fulfill its obligations under this chapter, or fails to materially comply with the provisions of this chapter, the city may take the following actions wholly, partly, or in any combination:

(a)

Temporarily withhold cash payments pending correction of the deficiency.

(b)

Permanently withhold payment for all or part of the activity not in compliance with this chapter if the deficiency cannot be corrected, or the entity refuses to correct the deficiency.

(c)

Suspend or debar the developer, contractor, subcontractor, supplier, vendor or subrecipient as ineligible for all current or potential contracts.

(d)

Designate the developer, contractor, subcontractor, supplier, vendor or subrecipient as high-risk for future contracts and require of the developer, contractor, subcontractor, supplier, vendor or subrecipient increased reporting requirements, mandatory audits and similar measures.

These penalty provisions and the provisions of section 423.100 shall be fully incorporated into all contracts and shall be enforceable by the city against any developer, contractor, subcontractor, supplier, vendor, or subrecipient who fails to materially comply with this chapter. (2011-Or-020, § 1, 3-10-11; Ord. No. 2018-065 , § 1, 11-2-18)