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If the City Manager determines that the prime contractor has failed to comply with any provision of this article, the City Manager may take any or all of the following actions, in addition to all other remedies allowed by law:

A. In addition to the applicable retention or securities-in-lieu of retention as authorized by statute, to withhold from the contractor up to 10 percent more of all future payments on the involved eligible project until it is determined that the prime contractor is in compliance;

B. To withhold from the contractor all future payments on the involved project until it is determined that the prime contractor is in compliance;

C. To reject all future bids or offers for all projects or other procurements with the City until such time that the prime contractor has cured its breaches and demonstrates that it has faithfully performed its approved SBE plan and all other provisions of this article; or

D. If any breach of the SBE provisions is discovered or has not been cured by substantial completion of the project, to reject all of the prime contractor’s future bids, contracts awaiting issuance of a notice to proceed (NTP), or bid openings for all projects or other procurements with the City of Phoenix for a period not to exceed one year from the date of substantial completion of the project. This remedy would be at the discretion of the City Manager. (Ord. No. G-5518, § 1, 2010; Ord. No. G-6742, § 1, 2020)