Downey Municipal Code Part 5 Enforcement

(a) The hearing officer, or the City Council on appeal, may debar any contractor, or any principal, affiliate, or successor-in-interest thereof, from bidding upon, submitting a proposal or quote, being awarded or performing under a contract with City, or from being a subcontractor or supplier at any level of such contract, in accordance with the procedures established by this chapter.

(b) The City shall not accept bids or proposals from, contract with, participate in, or allow performance of, any contracts or subcontracts by, any contractor who has been debarred by the City or the agency of the City of Downey.

(c) The City shall not accept bids or proposals from, contract with or allow performance of contracts or subcontracts by any contractor who has been suspended or debarred by a state or Federal agency providing funds for such project.

(d) To the extent the source of funds for a particular contract for the purchase of supplies, materials and equipment or general services requires its own debarment procedures which are in conflict with the debarment provisions set forth in this chapter, then such debarment procedures shall supersede this chapter. If such procedures are not in conflict with the debarment provisions set forth in this chapter, then both procedures and requirements shall be followed.

(Added by Ord. 05-1173, adopted 5-24-05)

The City may determine the eligibility of any contractor bidding or submitting a proposal for a City contract by requiring that the contractor submit, upon request, the following:

(a) A statement under penalty of perjury declaring that neither the contractor, nor any principal nor affiliate of the contractor, nor any subcontractor or supplier to be engaged by the contractor, has been convicted of any offense listed in Section 2932.11 of this chapter within the preceding 10 years; and

(b) Any other information or documentation deemed by the city to be relevant in determining eligibility under Section 2932.11 of this chapter.

(Added by Ord. 05-1173, adopted 5-24-05)

(a) No person acting on behalf of the City shall knowingly utilize the services of any person who is debarred by the City or agency.

(b) No person acting on behalf of the City shall knowingly use or list, in any bid or proposal any subcontractor or supplier who is debarred by the City or agency.

(c) Violation of this section may, as determined in the sole discretion of the City Manager, and to the extent permitted by law, result in rejection of the bid or proposal, nonpayment by the City for work performed by the debarred contractor, annulment of award of contract or termination of contract, issuance of a stop work order, initiation of debarment proceedings, or any other remedy provided by law.

(Added by Ord. 05-1173, adopted 5-24-05)

(a) The City shall not renew or extend the term of any contract(s) with any debarred contractor, unless the City council determines that such renewal or extension is in the best interest of the City.

(b) Notwithstanding the debarment of any contractor, the City may allow performance of contracts in existence at the time the contractor was debarred, unless the City Council finds that termination of such contract is in the best interest of the City.

(Added by Ord. 05-1173, adopted 5-24-05)

(a) The City Manager shall forward a copy of all debarment decisions to the City Clerk who shall maintain a public list of all contractors who have been disbarred.

(b) The list shall include contractors who have been debarred by the City or agency. The list shall not include a contractor debarred by the state or Federal government unless the contractor has been debarred by the City or agency.

(c) The City Clerk shall make the list available for inspection and copying by any person during reasonable hours and upon reasonable notice.

(d) The list shall be included as a part of the special provisions of the project specifications for each procurement. By delivery of such list, bidders and proposers shall be deemed to be on notice as to the persons debarred under this part of this chapter.

(Added by Ord. 05-1173, adopted 5-24-05)

Nothing in this chapter is intended to prevent the City, in its sole discretion, from amending, modifying or waiving the provisions of any City contract, or from entering into compromise agreements with contractors about the future performance of contracts by a City contractor.

(Added by Ord. 05-1173, adopted 5-24-05)