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The County may debar a contractor who has an existing contract with the County, has had a contract with the County, and/or a contractor who has submitted a bid or proposal for a new contract with the County. (Ord. 2291, § 1, 1/7/2003)
The County may debar a contractor if the County finds, in its discretion, that the contractor has done any of the following: (1) violated any term of a contract with the County; (2) committed any act or offense which negatively reflects on the contractor’s quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same; (3) committed an act or omission which indicates a lack of business integrity or business honesty; or (4) made or submitted a false claim against the County or any other public entity. (Ord. 2291, § 1, 1/7/2003)
Before making a debarment determination pursuant to this chapter, the department head, with prior approval of the CAO, shall give written notice to the contractor of the basis for the proposed debarment, and shall advise the contractor that a debarment hearing will be scheduled on a date certain, consistent with Section G.2.B. of this procedure. The CHB shall conduct a hearing where evidence on the proposed debarment is presented. The contractor, or other authorized representative, must be given an opportunity to appear at the debarment hearing and to submit documentary evidence, present witnesses, and offer rebuttal evidence at that hearing. After such hearing, the CHB shall have 10 business days to prepare its decision, which shall contain a proposed recommendation regarding whether the contractor should be debarred and, if so, the appropriate length of time for the debarment. A record of the hearing, the proposed decision and any recommendation shall be presented, by the department head, to the Board of Supervisors. The Board of Supervisors may, in its discretion, limit any further hearing to the presentation of evidence not previously presented. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the CHB. A debarment finding shall become final upon the approval of the Board of Supervisors. (Ord. 2291, § 1, 1/7/2003)
The decision by the County to debar a contractor is within the discretion of the County. The seriousness and extent of the contractor’s acts, omissions, patterns or practices, as well as any relevant mitigating factors may be considered by the County in making any debarment decision. Upon a debarment finding by the Board of Supervisors, the County shall have the right, in its discretion, to determine the length of time that the contractor may be prohibited from bidding upon and being awarded a new contract with the County, which period may not exceed three years. In addition, upon a debarment finding by the Board of Supervisors, the County may, in its discretion, terminate any or all existing contracts the contractor may have with the County. In the event that any existing contract is terminated by the County, the County shall maintain the right to pursue all other rights and remedies provided by the contract and/or applicable law. (Ord. 2291, § 1, 1/7/2003)