4.20.480 Misrepresentation and fraudulent claims.
A. A person who makes or uses in support of a claim or a bid protest under this chapter a misrepresentation, or who practices or attempts to practice a fraud, at any stage of proceedings relating to a matter arising out of this chapter:
1. Forfeits all claims relating to that procurement or contract; and
2. Is liable to the city for reimbursement of all sums paid on the claim, for all costs, including without limitation actual attorney’s fees, attributable to review of the claim or protest, and for a civil penalty equal to the amount by which the claim is misrepresented.
B. The purchasing agent, hearing officer, or court shall make specific findings of misrepresentation, attempted fraud, or fraud before declaring a forfeiture under subsection (A)(1) of this section.
C. Suits to recover costs and penalties under subsection (A)(2) of this section must be commenced within six (6) years after the discovery of the misrepresentation, fraud, or attempted fraud.
D. In this section, “misrepresentation” means a false or misleading statement of material fact, or conduct intended to deceive or mislead concerning material fact, whether or not it succeeds in deceiving or misleading. [Ord. 14-27 § 4.]