§ 4.08.183. Sanctions and penalties.

A.

The failure of any contractor to comply with the nondiscrimination requirements of its contract shall be a breach of its contract and shall be deemed to be a material breach. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the city manager. No such finding shall be made except after notice of the alleged violation and an opportunity to be heard has been given to the contractor. The contractor may be given an opportunity to remedy such breach.

B.

A contractor aggrieved by a finding of such breach by the awarding authority may appeal such finding to binding arbitration in accordance with rules and regulations promulgated by the city manager. No penalties shall be imposed pending disposition of such appeal.

C.

Upon a finding duly made that the contractor has failed to comply with the nondiscrimination requirements of its contract, its contract may be canceled, terminated or suspended, in whole or in part, by the awarding authority, and all moneys due or to come due under the contract may be retained by the city. Further, the city may sue to recover any moneys paid to a noncomplying contractor by the city and shall be entitled to court costs and attorneys' fees if it is the prevailing party.

In addition thereto, a finding of such breach may be the basis for a determination by the awarding authority that the contractor is an irresponsible contractor. In the event of such determination, such contractor shall be disqualified from being awarded a contract with the city for a period of 2 years from the date of finding, unless, prior to the end of the 2 years, it can establish that it is ready, willing and able to comply with the provisions of this chapter.

D.

This chapter creates no private cause of action within or for the public and may only be enforced by the city. 4.08.184 Rules and regulations.

(Ord. 6899 § 2 (part), 2002)