San Jose Municipal Code Part 5 Informal Meeting with Debarring Official

A. The Contractor must make a timely, written request to meet with the Debarring Official if the Contractor wants to contest the notice of proposed Debarment.

B. The Contractor must serve the request on the Debarring Official on or before fifteen (15) Days of receiving the notice of proposed Debarment.

(Ord. 30733.)

The Contractor is deemed to have consented to Debarment and is automatically debarred in accordance with the notice of Debarment if the Contractor:

A. Fails to request a meeting with the Debarring Official in accordance with Section 4.10.185, or

B. Fails to appear at a requested meeting that the Debarring Official properly noticed.

(Ord. 30733.)

A. The Debarring Official must schedule a meeting with the Contractor within a reasonable time after the Contractor's timely request for such meeting.

B. The Debarring Official must give the Contractor written notice of the date, time and location of the meeting. The Debarring Official may conduct the meeting remotely.

(Ord. 30733.)

A. The meeting between the Contractor and the Debarring Official is intended to be an informal discussion of the notice of proposed Debarment.

B. The Contractor can present to the Debarring Official any facts, arguments, documents and written evidence in opposition, or mitigation, to the notice of proposed Debarment.

C. No oral testimony by a third person will be presented at the meeting by the Debarring Official or the Contractor.

D. The meeting does not need to be recorded.

(Ord. 30733.)

A. Within a reasonable time after the meeting, the Debarring Official will issue a written notice to the Contractor stating one of the following:

1. The original notice of proposed Debarment stands without change,

2. The original notice of proposed Debarment is amended and setting forth the amendments to the notice of proposed Debarment, or

3. The notice of proposed Debarment is dropped or suspended and stating any agreed upon terms and conditions for such action.

B. The Debarring Official's written notice must state how the Contractor can request an administrative hearing if the Contractor is dissatisfied with the notice.

C. The Debarring Official must serve the written notice required by this Section on the Contractor by hand delivery, by United States Postal Service certified mail return receipt requested or with other delivery confirmation, or by other commercial delivery service that provides written confirmation of delivery.

(Ord. 30733.)

A. Any decision by the Debarring Official to drop or suspend a notice of proposed Debarment based on a compromise with the Contractor must be implemented by a written agreement between the City and Contractor setting forth the terms and conditions of such compromise.

B. No compromise is effective until the City and Contractor have executed such an agreement.