§ 2.12.240. Actions other than debarment.

In the event that the City determines that a contractor's acts or omissions are insufficient to warrant debarment, the City Administrator may take one or more of the following actions:

A.

Voluntary Exclusion.

1.

The City and a contractor may agree to a voluntary exclusion of the contractor and any of its principals and/or affiliates from participation in City contracts and covered and related transactions for a period of up to five years.

2.

A contractor and any of its principals and/or affiliates who agree to voluntary exclusion shall be placed on the excluded contractor list.

3.

A contractor and any of its principals and/or affiliates who participate in City contracts and covered and related transactions during the period of their voluntary exclusion will not be paid for goods and services provided, and may be considered for debarment.

B.

Consent Decree. A contractor and any of its principals and/or affiliates found to be in violation of one or more provisions of this chapter may enter into a settlement in the form of a consent decree with the City. The consent decree will specifically provide that the person will refrain from the act(s) or omission(s) that had been found to be in violation of this chapter. A consent decree may be entered into alone or in conjunction with one or more of the procedures described in this section.

C.

Warning Letter. Where there appears to be an act or omission in violation of this chapter, a warning letter may be issued to the contractor and any of its principals and/or affiliates. In all subsequent transactions between the contractor and any of its principals and/or affiliates and the City, the warning letter will be considered notice concerning such acts or omissions and may be submitted as evidence in a subsequent debarment proceeding.

(Ord. No. 12926, § 1, 5-5-2009)