A. Any person may complain that a Production Facility is violating the policies and practices set forth in Section 13.97.040. At the request of the party submitting the complaint, or when deemed necessary by the City of Berkeley, the City of Berkeley shall keep confidential the name and contact information of the complainant, to the extent permitted by law. The City of Berkeley shall establish a procedure for receiving and investigating such complaints and taking appropriate enforcement action.

B. Upon determination by the City Manager of a violation of the policies and practices set forth in Section 13.97.040, at a Production Facility, the Vendor shall consult with the City Manager for the purpose of agreeing to a remediation plan. Failure to comply with a remediation plan proposed by the City Manager constitutes grounds for termination of the Vendor’s contract for cause.

C. Corrective action includes all steps necessary to correct the violation(s), including making good faith efforts to require the Production Facility to:

D. Sanctions may be imposed if the City Manager finds that the Vendor refuses or fails to take all reasonable steps to ensure that a violation of any requirement enumerated in this Chapter is expeditiously remedied. The City Manager or its designee may terminate the contract without notice, impose a monetary penalty not to exceed 10 percent of the total contract amount or remove the Vendor from the bidder’s list for a period of two years. (Ord. 7099-NS § 1 (part), 2009)