Disqualification may be imposed on a person by the Hearing Officer in accordance with the procedures established by this chapter on one or more of the following grounds:
(A) Commission by such person of any act of:
(1) Fraud, bribery, collusion or conspiracy;
(2) Bid rigging, price fixing or any other act in violation of any local, state or federal law in connection with the bidding upon, solicitation, award or performance of any public contract; or
(3) Embezzlement, theft, forgery, falsification or fabrication of records, moral turpitude or perjury.
(B) Commission of any act indicating a lack of integrity or honesty.
(C) Submission of a bid, proposal, insurance policy, bond, guarantee or other document that is known, or should be known, by such person to be false, misleading or non- meritorious or to contain false information, or is determined to be a deliberate attempt to circumvent the intent of this chapter.
(D) Submission of any false, misleading or non-meritorious claim, demand or lawsuit against any private party or public agency, including the city.
(E) Pending litigation between the person and the city, which could impact the ability of the parties to work cooperatively with each other.
(F) Breach of the terms of a public contract by a willful or material failure to perform in accordance with the terms thereof.
(G) Violation of a local, state or federal law or regulation applicable to a public contract.
(H) Current or past suspension or disqualification from award or performance of a public contract by any local, state or federal agency.
(I) Knowingly doing business with a disqualified third person in performance of any public contract awarded after disqualification of said third person.
(J) Substandard performance on any public contract, including, without limitation:
(1) A material breach thereof;
(2) A demonstrated consistent failure to adhere to contractual terms, procedures, or performance requirements, but which may not rise to the level of a material breach;
(3) A failure to complete work required thereunder in a timely manner or within the contractprice when such failure is attributable to the negligent or wrongful actions or inactions of such person or such person's subcontractors or suppliers;
(4) Substandard quality of work; or
(5) Any negligent or wrongful failure to cooperate with the contracting agency during performance of the public contract.
(K) One or more violation during the performance of any public contract of any labor or safety statutes, regulations or standards including, without limitation, applicable local, state or federal statutes, regulations or standards governing prevailing wage, occupational safety and health, nondiscrimination requirements or other local, state or federal laws.
(L) Failure to have or maintain in good standing all necessary licenses, permits or other approvals required to transact business within the State of California.
(M) One or more violation of any law or regulation governing the handling, transfer, storage or disposal of hazardous materials or hazardous wastes.
(N) One or more violation of any law or regulation governing the handling, transfer, storage or disposal of solid waste generated during the performance of such public contract.
(O) A violation of any law or regulation governing conflicts of interest.
(P) Evidence that the person lacks financial responsibility, such as unpaid debts, unfulfilled insurance or bond obligations or other evidence of financial instability or irresponsibility.
(Q) Any other ground that the Hearing Officer determines that would impair the ability of the person to perform a public contract or any part thereof.
(Ord. 2023-08, passed 9-19-2023)