Part 3 — DEBARMENT

The Debarring Official can debar a Contractor for any of the following causes.

A.

The Contractor submitted to the City of false, untrue or misleading information in any context, including, without limitation, the procurement or performance of a Contract. This cause includes, without limitation, each of the following:

The submission of false, untrue or misleading information based on the Contractor acting in deliberate ignorance, or in reckless disregard, of the truthfulness of the information,

The submission of false, untrue or misleading information that the Contractor represents as accurate information without having taken reasonable steps of determine the accuracy of the information, or

The failure to disclose and correct an inadvertent submission of false, untrue or misleading information after discovering the information is false, untrue or misleading.

B.

The Contractor submitted a false claim as defined in any applicable federal, state, or municipal false claims law.

C.

The Contractor committed an act indicating a lack of business integrity or honesty, including, without limitation, fraud, bribery, collusion, bid rigging, price fixing, perjury, lying, embezzlement, theft, forgery, or falsification or destruction of records or evidence.

D.

The Contractor failed to comply with, or disregarded, the terms and conditions of a Contract.

E.

The Contractor's performance on a Contract was substandard, including, without limitation, substandard quality of work, repeated unexcused delays, or repeated failure to cooperate with the City department administering the Contract.

F.

The Contractor violated federal, state, County of Santa Clara, or City law, administrative regulation, order, or official policy applicable to the performance of the Contract or the procurement of the Contract. This includes, without limitation, each of the following:

Noncompliance with requirements that protect the integrity of the procurement process,

Noncompliance with labor or safety requirements such as prevailing wage, living wage, wage theft prevention, occupational safety and health, and nondiscrimination requirements,

Noncompliance with requirements for the handling, transfer, storage or disposal of hazardous materials or hazardous waste, or

Noncompliance with conflict of interest requirements, such as the City's gift ordinance set forth in Chapter 12.08.

G.

The Contractor engaged in conduct resulting in debarment by any other federal, state or local agency.

H.

The Contractor knowingly used a debarred person or entity to perform any part of a Contract.

I.

The Contractor breached its duty of good faith and fair dealing to the City, including, without limitation, the filing of nonmeritorious claims or lawsuits against any public agency or agencies.

J.

The Contractor lacks financial responsibility.

K.

Any conviction, verdict, judgment, settlement, stipulation, or plea agreement based on any of the above- referenced causes for Debarment.

L.

Any other cause of such a serious or compelling nature that it demonstrates the Contractor's present lack of responsibility.

(Ord. 30733.)

The Debarring Official can debar a Contractor for a period of up to five (5) years from the effective date of the Debarment.

(Ord. 30733.)

In deciding if Debarment is warranted, and if so, the length of the Debarment, the Debarring Official will consider factors such as the following.

A.

The severity of the harm resulting from the activity in question.

B.

The degree to which the activity in question involves willful, intentional or reckless conduct by the Contractor. Willful, intentional, or reckless conduct is a strong indicator that Debarment is warranted.

C.

The Contractor's history or pattern of engaging in the conduct or similar conduct. A history or pattern or repeatedly engaging in the conduct is a strong indicator that Debarment is warranted.

D.

Whether the Contractor had effective standards of conduct and internal control systems in place at the time of the activity in question.

E.

Whether the Contractor brought the activity in question to the attention of the City in a timely manner.

F.

Whether the Contractor independently investigated the activity in question and, if so, made the result of the investigation available to the City.

G.

Whether the Contractor cooperated during any investigation and any court or administrative action.

H.

Whether the Contractor has paid or has agreed to pay any criminal, civil, and administrative liability resulting from the activity in question (including any investigative or administrative costs incurred by the City), and has made or agreed to make full restitution.

I.

Whether the Contractor has taken appropriate disciplinary action against the individuals responsible for the activity in question.

J.

Whether the Contractor has implemented or agreed to implement remedial measures that will avoid the activity in question from occurring again.

K.

Whether the Contractor's management recognizes and understands the seriousness of any misconduct giving rise to the activity in question and has implemented programs to prevent its recurrence.