Skip to code content (skip section selection)
(a) If a Department Head determines 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, falsely represented to the City the nature or character of the off-road equipment and/or off-road engines to be utilized, on the contract, or has falsely represented to the City the nature or character of the off-road equipment and/or off-road engines actually used, the Department Head may impose such sanctions or take such other actions as are appropriate to ensure compliance with the provisions of this Chapter and to deter additional violations.
(b) Violations of this Chapter 25, or of any regulation adopted pursuant to it, shall be punishable by:
(1) Refusal to certify the award of a contract;
(2) Suspension of a contract;
(3) Withholding City funds due the contractor under any City contract;
(4) Recession of the 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 City upon a showing of corrective action indicating violations are not likely to reoccur; and,
(6) Any other remedy authorized in law or equity.
(c) Nothing in this Chapter 25 shall be construed to relieve a contractor of responsibility to perform the contract.
(Added by Ord. 28-15 , File No. 140805, App. 3/19/2015, Eff. 4/18/2015)