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� ilr',P��R 38. LIVING W�(,E ANT� RESPONSIBLE PUBLIC SPENDING REGULA... page S of5 chapter. Each city contractor or business subsidy recipient shall retain the relevant records and documents for a period of not less than one (1) year after the completion of the work. (7) In the event that noncompliance with this chapter is found, city staff shall place the city contractor or business subsidy recipient on a suspended list and, by written notice, terminate their rights to proceed with the work or such part of the work as to which there has been a violation of this chapter. The city contractor or business subsidy recipient shall be liable to the city for damages sustained in investigating or enforcing this chapter, including attorney's fees, costs of remediation and investigation, The city reserves the right to withhold contract payments to the extent of the underpayment of required wages. (8) A finding or conclusion by city enforcement staff may be appealed to the director of the civil rights department. (2005-Or-103. {r �, 11-4-05) 38.50. Wa+ver.The requirements of this chapter may be waived in whole or in part upon a majority vote of the entire city council upon a written showing of sufficient cause by a recipient. The city council must make written findings regarding the reasons for the waiver after a public hearing at a ways and m�ans/budget committee meeting. Enforcement staff and the living wage work group shall one hundred twenty (120) days after the effective date of this chapter, and only city enforcement staff annually thereafter, providethe city council with a list of criteria that the city council may consider in making a waiver decision. Such waiver criteria may include economic hardship, financial infeasibility based on the application of this chapter, if a city business subsidy cannot reasonably be considered economic development, or ifthe imposition of these chapter provisions would cause the city contractor or city business subsidy recipient to make business decisions that adversely impact the city. (2005-Or-103, � 1, 11-4- a�} 38.60. Effective da#e.This chapter shall take effect on January 1, 2006 and shall apply to any city contract or city business subsidy established after December 31, 2006 or any city contract or city business subsidy renewed after December 31, 2006. (2005-Or-103, � 1, 11-4-05) 38.70. Severability.lf any provision or application of this chapter is declared illegal, invalid, or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining provisions and portions thereof and applications not declared illegal, invalid, or inoperative shall remain in force or effect. (2005-Or-103, � 1, 11-4-05) 38.80. [Intergovernmental cooperation and coordination city si�aff.]Intergovernmental cooperation and coordination city staff is directed to coordinate with other local, regional and state agencies and other units of government that have existing living wage and business subsidy policies, or are considering such policies, for the purpose of uniformity, consistency and cooperation. (2005-Or-103, � 1, 1 � -4-05) w ,. GiIJ �;r'r7�,;�it�n G:�x� I�:.ti�,Gik iaic:c�� ;�;; � T-