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Resolution - 2016-42RESOLUTION NO. 2016-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, REGARDING DEBARMENT OF CONTRACTORS AND VENDORS WHEREAS, the City Council finds that contracting with the City is integral to the operations of the City, critical to the financial well-being of the City, and that the award of contracts to contractors who fail to deal with the City in good faith compromises the integrity of the contracting process and results in the improper expenditure and waste of public funds. The City Council recognizes that the City must afford contractors due process in any determination that precludes any individual or business entity from participating in the contracting process. The provisions of this Resolution do not apply to a determination of nonresponsibility for a single contract or identifiable group of contracts, but for the broader determination of irresponsibility of a contractor for the general purpose of contracting with the City for a specified period; and WHEREAS, the City Council believes that its Public Works and Finance Departments are uniquely qualified in the first instance to determine if a contractor should be debarred and for what period of time; subject to appeal to the City Council. NOW THEREFORE, THE CFFY COUNCIL OF THE CITY OF WEST COVINA HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: SECTION 1. Any contractor, consultant, proposer or vendor who, based on evidence presented, is found to have engaged in any willful misconduct with respect to any City bid, request for qualifications, request for proposals, purchase order and/or contract may be debarred from contracting with the City for a period deemed appropriate by the City under the circumstances. Such willful misconduct may include, but need not be limited to the following: (a) submission of false information in response to an advertisement or invitation for bids or quotes, a request for qualifications or a request for proposals; (b) failure to comply with the terms of a contract or with provisions of the City's Municipal Code relating thereto, including failure to perform warranty work; (c) a pattern and practice of disregarding or repudiating terms or conditions of City contracts, including without limitation repeated unexcused delays and poor performance; (d) failure to abide by any rules and/or regulations adopted pursuant to the West Covina Municipal Code; (e) submission of false or fraudulent claims; (f) 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 honestly to perform under or comply with the terms and conditions of a City contract; (g) unjustified failure or refusal to timely provide or properly execute contract documents; (h) Two or more occasions within a two-year period of failure to submit bond or insurance documents acceptable to the City in the time periods required; (i) debarment by another governmental agency for the duration of such debarment; 0) Any serious safety violation, whether or not resulting in a citation by OSHA or CalOSHA; (k) collusion in obtaining award of any City contract, or payment or approval thereunder. SECTION 2. In the event of any complaint by a member of staff or the public that a contractor, proposer, consultant or vendor should be debarred, the Public Works Director and the Finance Director, or their respective designees, shall notify the party proposed to be debarred of the complaint and request a response from that party to the complaint, including any evidence that the party may elect to provide to demonstrate that it has not engaged in the claimed misconduct, should not be debarred from further contracting, or regarding the length of any period of debarment, which response and evidence shall be provided to the City within ten (10) calendar days from the date of such notice. Within fifteen (15) business days thereafter, the Public Works Director and Finance Director shall provide written notice to the party of their findings and determination whether the party should be debarred, and if so, for how long. SECTION 3. The determination of the Public Works Director and Finance Director shall be final ten (10) calendar days after written notice is sent to the debarred party, unless an appeal of their decision is made in writing to the City Council within ten (10) calendar days of the date of the notice, accompanied by an appeal fee to be established by City Council resolution. Any such appeal shall state the reasons therefor. Within thirty (30) business days after receipt of an appeal, the appeal shall be heard by the city council. The person filing the appeal shall be given at least ten (10) calendar days' prior written notice of the time and place for the hearing. The hearing shall be conducted by the City Council which shall consider all evidence submitted at the hearing. The hearing may be continued, for good cause, by the City Council from time to time. The City Council shall make findings of fact based upon the evidence submitted and shall decide whether or not to uphold, overturn or modify the determination of the Public Works Director and Finance Director. No de novo hearing is required. Written notice of the City Council's decision shall be given to the appealing party within thirty (30) calendar days of the conclusion of the hearing. The decision of the city council shall be final. SECTION 4. An Order of Debarment shall prohibit any named party and the party's affiliates and principals from participating in any contract at any tier, directly or indirectly, with or for the City; any party named in an Order of Debarment and the party's affiliates and principals shall be deemed irresponsible and disqualified for the purposes of all City contracts. Upon issuance of such Order, the City Manager, any department head, board or commission may cancel any existing contract with a debarred contractor or direct the cancellation of an existing subcontract to which a debarred contractor is a party. In the event of such cancellation, no recovery shall be had on that contract by the debarred party other than for work satisfactorily completed as of the date of cancellation. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED on this 170i day of May, 2016. tat es To in yor APPROVED AS TO FORM: Kimberly Ha 1 Barlow City Attorney ATTEST: Il Nickolas'S=Lewis , City Clerk I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 171h day of May, 2016, by the following vote of City Council: AYES: Warshaw, Wu, Toma NOES: Johnson, Spence ABSENT: None ABSTAIN: None • � J l Nickolas S. Lewis City Clerk