A. Supplies, Goods or Services.
1. When a vendor fails to deliver supplies, goods or services in the quality, quantity, manner or time specified in the contract, such supplies, goods or services may be obtained from any source.
2. If a greater price than that named in the contract or procurement is paid for such supplies, goods or services, the excess price shall be charged to and collected from the contractor or vendor, or the surety on the contractor's/vendor's bond, if any.
B. Irresponsible Contractor.
1. Any vendor that fails to comply with the terms of its agreement with the city may be declared an irresponsible contractor, after a due process hearing by a hearing officer appointed by the city manager.
2. Hearings shall be as informal as may be reasonable and appropriate under the circumstances.
3. Upon such determination the vendor shall not be permitted to act as a contractor or vendor on any city contract for a period of up to five years, as determined by the hearing officer.
4. Appeal of a determination that a vendor is irresponsible may be made to the city council.
5. The contract may be cancelled at the discretion of the city and not in lieu of other remedies provided by law, and in the event of cancellation, no recovery by the vendor/contractor shall be had thereon.
(Ord. 1397.03.08 § 2 (part), 2007)