§ 20-117 — Miscellaneous

Sec. 20-117. - Miscellaneous.

(a) Nothing contained in this article shall preclude the city from retaining without payment of interest project funds to cover project retainage as mandated by law and/or general or special conditions of construction, as applicable, by C.R.S. section 24-91-101 et seq., or by other terms or conditions of the contract at issue, or to cover claims filed pursuant to C.R.S. section 38-26-107 by subcontractors or suppliers on a construction, reconstruction or remodeling project. Nothing contained in this article shall preclude the city from offsetting against a contractor, without payment of interest, amounts under a contract for payment of duly assessed liquidated damages by the city pursuant to general or special conditions or other terms or conditions of a construction, reconstruction or remodeling contract, or for other offsets against a contractor by the city based upon breach or default of a contract by such contractor. (b) Notwithstanding anything otherwise contained in this article, neither the city nor any contractor or subcontractor shall have any obligation to pay interest when: (1) Payment by the city of a progress payment is subject to and contingent upon appropriation or payment by the city of funds and reimbursement of such funds from the state or federal government, which reimbursement has not occurred on or before the interest accrual date; (2) The amount requested under an invoice is subject to a dispute by the city upon which the city has prevailed against the contractor, and the city has otherwise not delayed payment beyond the interest accrual date; (3) The city, pursuant to a dispute with a contractor, has set off and retained funds which would otherwise be payable to the contractor; (4) The terms of the contract or subcontract, as applicable, specify other times and methods of payment or methods of resolving disputes or interest owed on delinquent payments; (5) There is a bona fide dispute between a contractor and a subcontractor or between subcontractors concerning the supplies, materials or equipment delivered or the services performed which causes the payment to be late; (6) Funds which would be payable to a contractor are subject to a writ of garnishment or other lawful claim, lien or levy; or (7) The city has been ordered by a court of competent jurisdiction not to pay funds to a contractor. (8) The contractor has a current credit balance in favor of the city on the city's account which exceeds the amount due to the contractor. (c) Nothing in this article shall preclude the city from withholding from a contract payment to a contractor any amount required by a writ of garnishment or other writ or order issued by a court of competent jurisdiction against said contractor. The manager of finance is authorized to charge five dollars ($5.00) against any contract payment to a contractor to offset the costs of processing and complying with a writ of garnishment or any other writ or order issued by a court of competent jurisdiction against said contractor. All fees collected shall be paid to the treasurer and credited to the general fund.

(Ord. No. 1121-01, § 1, 12-26-01; Ord. No. 70-05, § 2, 2-7-05; Ord. No. 775-07, § 59, 12-26-07; Ord. No. 604-12, § 10, 11-26-12)