§ 513.

PENALTY

a.

Whenever any City department finds, after an investigation by the contracting officer and the City Attorney, that a person or entity being considered for a contract or under contract with the City has, in connection with the bidding, execution or performance of any City contract:

1.

Falsely represented to the City the nature or character of the products offered, used or supplied under the contract; or

2.

Knowingly provided the City with products in violation of this Chapter, the guidelines adopted pursuant to this Chapter, or contract provisions pertaining to the required use or purchase of recycled products the contracting officer shall have the authority to impose such sanctions or take such other actions as are designed to ensure compliance with the provisions of this Chapter.

b.

Measures which are available to a City department to enforce this Chapter upon finding a violation pursuant to Section 513(a) include, but are not limited to the following:

1.

Refusal to certify the award of a contract;

2.

Suspension of a contract;

3.

Ordering the withholding of City funds due the contractor under any City contract;

4.

Ordering the recession of a contract based upon a material breach of contract provisions or pertaining to representations made in bidding, execution or performance of the contract;

5.

Debarment of a bidder, proposer or contractor from eligibility for providing commodities or services to the City for a period not to exceed five years, with a right to review and reconsideration by the contracting City office or department upon a showing of corrective action indicating violations are not likely to reoccur.

c.

Nothing in this Chapter shall be construed to relieve a contractor of responsibility for providing a satisfactory product.

History

(Added by Ord. 171-03, File No. 030422, App. 7/3/2003)

(Derivation Former Administrative Code Section 21A.14; added by Ord. 83-00, File No. 00392, App. 5/12/ 2000; amended by Ord. 210-02, File No. 010784, App. 10/25/2002)

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