§ 2.12.050. Debarment of contractors—Grounds.

In accord with Section 2.12.030, the City may debar a contractor if the City finds, in its discretion, that the contractor has, or is engaged in, any of the following:

A.

Willful or intentional misconduct in connection with any City bid, request for qualifications, request for proposals, purchase order and/or contract including, without limitation:

1.

Collusion in obtaining a City contract or payment thereunder;

2.

Submission of false information in response to a solicitation, advertisement or invitation for bids or quotes;

3.

Submission of false information in response to a solicitation or request for qualifications or proposals;

4.

Submission of false claims as defined in California Government Code, Section 12650 et seq. and Title 31 U.S.C. Section 3729 et seq.;

5.

Issuance of a verdict, judgment, settlement, stipulation or plea agreement establishing the contractor's violation of any civil or criminal law against any government entity relevant to the contractor's ability or capacity to honestly perform under or comply with the terms and conditions of a City contract;

B.

Willful or intentional failure to perform in accordance with the terms of one or more contracts including, but not limited to, terms pertaining to City contracting policies;

C.

Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public agreement or transaction;

D.

Violation of federal or state antitrust statutes, including those prescribing price fixing between competitors, allocation of customers between competitors, and bid rigging;

E.

Commission of embezzlement, theft, forgery, bribery, making false statements, submitting false information, attempting to commit a fraud against the City, receiving stolen property, making false claims to any public entity, obstructing justice, fraudulently obtaining public funds;

F.

Taking or misappropriating City property or using City property, including real and personal property, in an unauthorized manner;

G.

Performance or conduct on one or more private or public agreements or transactions that caused or may have caused a threat to the health or safety of the contractor's employees, any other persons involved with the transaction, the general public or property;

H.

Debarment by any other governmental agency for the period imposed by that agency;

I.

Violation of federal regulations for disadvantaged business entity status including, but not limited to, violation of 49 CFR part 26 et seq. and misrepresenting minority or disadvantaged business entity status;

J.

Noncompliance with the prevailing wage requirements of the Labor Law, including any pending violations by the contractor or any affiliate. A "pending violation" is defined as an investigation by any governmental entity (e.g. another city, county, school district, etc.). Investigations by private businesses will not be recognized.

K.

Violation of any nondiscrimination provisions included in any public agreement or transaction;

L.

Any other significant Labor Law violations, including, but not limited to, child labor violations, failure to pay wages, or unemployment insurance tax delinquencies.

M.

Violation of any licensing, subletting or sublisting laws;

N.

Falsification, concealment, withholding and/or destruction of records;

O.

Violation of settlement agreements and/or consent decrees which impose obligations on the contractor to perform certain activities and/or to refrain from certain acts;

P.

Violation of any law, regulation or agreement relating to conflict of interest with respect to government funded contracting;

Q.

Knowingly or negligently doing business with a debarred, suspended, ineligible, or voluntarily excluded contractor in connection with a covered or related transaction;

R.

Violation of a material provision of any settlement of a debarment action;

S.

Commission of an egregious act or unlawful offense which indicates a lack of business integrity or business honesty;

T.

Failure to perform or history of unsatisfactory performance of one or more contracts including, without limitation, default on contracts with the City or any other public agency;

U.

Failure to perform or unsatisfactory performance of one or more City contracting policies;

V.

Commission of any act or omission which negatively reflects on the contractor's quality, fitness or capacity to perform a contract with the City or any other public entity, or which negatively reflects on same including, but not limited to, deficiencies in on-going contracts, false certifications or statements, fraud in performance or billing or lack of financial or technical resources;

W.

Any other cause of so serious or compelling a nature that it affects the present responsibility of a contractor.

(Ord. No. 12926, § 1, 5-5-2009)