San Jose Municipal Code Part 7 Scope of Debarment

Debarment neither excludes nor precludes the City from pursuing any other administrative or legal action against the Contractor.

(Ord. 30733.)

A. Debarment prohibits the Contractor and Affiliates named in the Debarment proceedings from doing business with the City, including, without limitation, participating in any Contract at any tier, directly or indirectly. A debarred Contractor and Affiliates named in the Debarment are deemed irresponsible and disqualified for the purposes of all Contracts.

B. The City will reject any bid, proposal, quote, statement of qualification, or other response to a City procurement submitted by, on behalf of or including the debarred Contractor and Affiliates named in the Debarment proceedings.

(Ord. 30733.)

A. Debarment of a Contractor constitutes Debarment of the principal(s) of the debarred Contractor.

B. Debarment of a Contractor constitutes Debarment of all the Contractor's divisions unless the Debarment is expressly limited by its terms to one or more specifically identified individuals or divisions.

C. An Affiliate existing before the issuance of the notice of proposed Debarment is debarred if the Affiliate was specifically named and given notice of the Debarment and had the opportunity to be heard in the Debarment proceedings.

D. The Debarment applies to any Affiliate formed after the issuance of the notice of proposed Debarment regardless of whether the Affiliate is named or given notice of the Debarment proceedings.

(Ord. 30733.)

A. The Debarment of a Contractor is grounds for the City to:

1. Terminate an existing Contract with the debarred Contractor,

2. Direct the termination of an existing subcontract to which the debarred Contractor is a party, or

3. Not renew or extend the term of any contract or grant.

B. In the event of termination under this Section 4.10.275, the debarred Contractor's recovery is limited to reasonable compensation for work satisfactorily completed as of the date of termination.

(Ord. 30733.)

A. During the period of Debarment, a debarred Contractor can make a written request to the City Manager to modify the Debarment for any reason that eliminates the need for the Debarment or demonstrates that a shorter Debarment period will adequately protect the public interest. Such reasons include, without limitation, the following:

1. Newly discovered material evidence,

2. Reversal of the conviction, civil judgment or administrative decision upon which the Debarment was based,

3. Bona fide change in ownership or management; or

4. Elimination of other grounds for which the Debarment was imposed.

B. The request by the debarred Contractor must be in writing and accompanied by supporting documentation.

C. The City Manager's decision regarding such a request is final.