§ 2.12.060. Notice of proposed debarment to contractor (respondent).

A.

The City Administrator shall initiate a debarment proceeding by issuing a notice of proposed debarment to the contractor and any affiliates that City determines should be parties to the action (hereafter, collectively, "respondent"), at least 90 days prior to the date of the debarment hearing advising.

1.

That debarment is being considered;

2.

That respondent is suspended pending final determination in the debarment proceeding when the City Administrator has determined that suspension is in the public interest;

3.

Information on the specific debarment action proposed;

4.

Of the reasons for the proposed debarment in terms sufficient to put the respondent on notice of the conduct or transaction(s) upon which it is based;

5.

Of the cause(s) relied upon under Section 2.12.050 for proposing debarment;

6.

Of the provisions of Sections 2.12.070—2.12.180, and any other procedures, if applicable, governing debarment decision making;

7.

That the respondent must submit a written response within 15 days of the receipt of the notice of proposed debarment and the consequence of not providing a response;

8.

The date, time and place of the debarment hearing;

9.

Of the potential effect of a debarment;

10.

Of the right to a hearing before the Debarment Hearing Board;

11.

That the respondent may appear at the debarment hearing to challenge the debarment action, and that failure to appear may result in a waiver of the respondent's defenses to the debarment action, and be taken as an admission by the party failing to appear that the basis for the debarment is accurate, except to the extent the respondent challenges the debarment action solely by means of a written submission.

12.

That the City may submit a reply to the written response of the respondent within 30 days following receipt of the response made by or on behalf of the respondent.

B.

The notice to the respondent shall be signed by the City Administrator and transmitted by certified mail, return receipt requested to the last known address provided the City by the respondent.

C.

Notice to the respondent shall be deemed sufficient if it is served by any of the means authorized by California Code of Civil Procedure Section 1013, or as otherwise specified in Section 2.12.080.

D.

Any attempt by the respondent to affirmatively avoid service by way of example, and not limitation, refusing to pick-up a certified letter, shall be deemed ineffective and shall not prevent the debarment proceeding from going forward.

(Ord. No. 12926, § 1, 5-5-2009)