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(a) The fraudulent, criminal, or other serious misconduct of any officer, director, shareholder, partner, employee, or other individuals associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for, or on behalf of, the contractor, or with the contractor knowledge, approval, or acquiescence. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.
(b) The fraudulent, criminal, or other serious misconduct of a contractor may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with the contractor who participated in, knew of, or had reason to know of, the contractor's conduct.
(c) The fraudulent, criminal, or other serious misconduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for, on approval of, or acquiescence of, these contractors. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
Director of the Department of Purchasing and Contracting shall create, maintain, and make publicly available a list of the names, addresses, and applicable debarment or suspension commencement and expiration dates of all debarred or suspended contractors.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
(a) Contractors who have been debarred or suspended are excluded from submitting bids; submitting responses to requests for proposal, statement of qualifications, quotes or information; receiving contract awards; executing contracts; or participating in the forgoing as a subcontractor, employee, agent or representative of another contractor.
(b) The County shall not award or approve the award of a contract or execute a contract under which a debarred or suspended contractor is intended to participate as a subcontractor or supplier.
(c) A prime contractor shall not employ, subcontract with, or purchase materials or services from a debarred or suspended contractor in support of or for use on a County contract.
(d) The Director of the Department of Purchasing and Contracting shall report, as required by law, debarments under this Division to the appropriate local, state, and federal agencies and authorities.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
(a) Affiliates that are debarred or suspended shall be subject to the same effects as stated for a debarred or suspended contractor.
(b) An affiliate may appeal the County's determination that it is an affiliate of the contractor pursuant to the same hearing process for debarments before an Independent Hearing Officer.
An affiliate may not appeal the debarment of any other contractor underlying the affiliate's debarment.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
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