§ 12J.7. PENALTIES.

(a) Whenever a person or entity being considered for a contract or under contract with the City makes representations regarding its involvement in Burma (Myanmar) that are found by the City after an investigation by the contracting officer and the City Attorney to be false, the City shall have the authority to impose such sanctions or take such other actions as are designed to ensure compliance with the provisions of this Chapter which shall include, but are not limited to:

(1) Refusal to certify the award of a contract;

(2) Order the suspension of a contract;

(3) Order the withholding of funds;

(4) Disqualification of a bidder or contractor from eligibility for providing commodities or services to the City for a period not to exceed five years, with a right to review and reconsideration by the contracting City department after two years upon a showing of corrective action indicating violations are not likely to reoccur.

(b) All contracts to which this ordinance applies shall provide that in the event any bidder or contractor fails to comply in good faith with any of the provisions of this Chapter the bidder or contractor shall be liable for liquidated damages for each violation in an amount equal to the bidder's or contractor's net profit on the contract, or 10 percent of the total amount of the contract or $1,000 whichever is greatest. All contracts shall also contain a provision whereby the bidder or contractor acknowledges and agrees that the liquidated damages assessed shall be payable to the City upon demand and may be set off against any moneys due to the bidder or contractor from any City contract.

(Added by Ord. 159-96, App. 4/24/96; amended by Ord. 251-97, App. 6/27/97)