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(a) Upon recommendation for debarment of a contractor from a department, with the concurrence from the Director of the Department of Purchasing and Contracting, the Clerk of the Board of Supervisors shall appoint an Independent Hearing Officer consistent with and in the same manner as set forth in Section 16.103 of the San Diego County Code of Regulatory Ordinances.
(b) The Independent Hearing Officer shall hear all recommendations that include one or more grounds for debarment and/or suspension.
(c) The Independent Hearing Officer shall determine by a preponderance of the evidence whether there are sufficient grounds for debarment and the length of time of the debarment. Based on the evidence presented by all parties, the Independent Hearing Officer may increase, decrease, or accept the Department's recommendation regarding the length of debarment. The Independent Hearing Officer, however, may not reduce the length of a permanent debarment if the hearing officer determines a violation identified in Section 429.5(a) occurred, or impose less than the length of debarment specified in Section 429.5(b) and (c).
(d) The Independent Hearing Officer shall have the authority set forth in Section 16.104(a) and (b), will conduct the hearing consistent with the provisions set forth in Section 16.105, and will render a decision following the procedures set forth in Section 16.106(a), (c), (d), and (e), of the San Diego County Code of Regulatory Ordinances.
(e) The Independent Hearing Officer decision on debarment shall be in writing and is final pursuant to Section 16.106 of the San Diego County Code of Regulatory Ordinances.
(f) The failure of a person recommended for debarment to appear at a debarment hearing after notice under Section 429.4 may constitute a waiver of that person's right to contest the debarment recommendation. If the Independent Hearing Officer determines that the person has waived the right to contest the debarment under this subsection the Department's recommendation shall become final.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
(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)
The Director of the Department of Purchasing and Contracting may debar a contractor who has been debarred by another governmental agency. The debarment would last until the term of the debarment by the other governmental agency expires. The decision of the Director of the Department of Purchasing and Contracting under this section shall be final, and not subject to a hearing before the Independent Hearing Officer.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
Any contractor who enters into a contract, either directly as a prime contractor or indirectly as a subcontractor, during a period of suspension or debarment imposed upon that contractor, shall be liable to the County for increased costs incurred as a result of replacing the debarred or suspended contractor.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
The County shall not renew or otherwise extend the duration of current contracts with debarred or suspended contractors, unless the Director of the Department of Purchasing and Contracting states in writing compelling reasons for such renewal or extension.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
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