Common use of Contractor Responsibility and Debarment Clause in Contracts

Contractor Responsibility and Debarment. a. A responsible contractor is a contractor, consultant, vendor or operating agency who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the AUTHORITY, Community Development Commission (Commission), and County of Los Angeles (County) to conduct business only with responsible contractors. b. The CONTRACTOR is hereby notified that if the AUTHORITY acquires information concerning the performance of the CONTRACTOR on this or other contracts which indicates that the CONTRACTOR is not responsible, the AUTHORITY may, in addition to other remedies provided in the contract, debar the CONTRACTOR from bidding or proposing on, or being awarded, and/or performing work on AUTHORITY contracts for a specified period of time, which generally will not exceed five years, but may exceed five years or be permanent if warranted by circumstances, and terminate any or all existing contracts the CONTRACTOR may have with the AUTHORITY. c. The AUTHORITY may debar a CONTRACTOR, consultant, vendor or operating agency if the Board of Commissioners finds, in its discretion, that the CONTRACTOR has done any of the following: (1) violated any term of a contract with the AUTHORITY, Commission, or County, or a nonprofit corporation created by the AUTHORITY, Commission, or County, (2) committed an act or omission which negatively reflects on the quality, fitness or capacity to perform a contract with the AUTHORITY, Commission, or County, any other public entity, a nonprofit corporation created by the AUTHORITY, Commission, or County, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the AUTHORITY, Commission, County, or any other public entity. d. If there is evidence that the CONTRACTOR may be subject to debarment, the AUTHORITY will notify the CONTRACTOR in writing of the evidence, which is the basis for the proposed debarment and will advise the CONTRACTOR of the scheduled date for a debarment hearing before the Contractor Hearing Board. e. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The CONTRACTOR and/or the CONTRACTOR’S representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the CONTRACTOR should be debarred, and, if so, the appropriate length of time of the debarment. The CONTRACTOR and the AUTHORITY shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Commissioners. f. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. g. If a CONTRACTOR has been debarred for a period longer than five years, that CONTRACTOR may, after the debarment has been in effect for at least five years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The AUTHORITY may, at its discretion, reduce the period of debarment or terminate the debarment if it finds that the CONTRACTOR has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interest of the AUTHORITY. h. The Contractor Hearing Board will consider a request for review of the debarment determination only where (1) the CONTRACTOR has been debarred for a period longer than five years; (2) the debarment has been in effect for at least five years; and (3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the CONTRACTOR Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment Hearing. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. i. These terms shall also apply to subcontractors and subconsultants of County, Housing Authority, or Commission contractors, consultants, vendors and agencies.

Appears in 1 contract

Samples: Continuum of Care Tenant Based Rental Assistance Program Agreement

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Contractor Responsibility and Debarment. a. A responsible contractor is a contractor, consultant, vendor vendor, or operating agency who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the AUTHORITYCommission, Community Development Commission (Commission)Housing Authority, and County of Los Angeles (County) to conduct business only with responsible contractors. b. a. The CONTRACTOR Operating Agency is hereby notified that if the AUTHORITY County acquires information concerning the performance of the CONTRACTOR Contractor on this or other contracts which indicates that the CONTRACTOR Contractor is not responsible, the AUTHORITY County may, in addition to other remedies provided in the contract, debar the CONTRACTOR Contractor from bidding or proposing on, or being awarded, and/or performing work on AUTHORITY County, Commission, and/or Housing Authority contracts for a specified period of time, which generally will not to exceed five years, years but may exceed five years or be permanent if warranted by circumstances, and terminate any or all existing contracts the CONTRACTOR Contractor may have with the AUTHORITYCounty, Commission, and/or Housing Authority. c. b. The AUTHORITY County may debar a CONTRACTORcontractor, consultant, vendor or operating agency if the Board of Commissioners finds, in its discretion, that the CONTRACTOR contractor, consultant, vendor, or operating agency has done any of the following: (1) violated any term of a contract with the AUTHORITYCommission, CommissionHousing Authority, or County, or a nonprofit corporation created by the AUTHORITY, Commission, Housing Authority, or County, County (2) committed an any act or omission which negatively reflects on the its quality, fitness or capacity to perform a contract with the AUTHORITY, Commission, Housing Authority, or County, County or any other public entity, or a nonprofit corporation created by the AUTHORITYCommission, CommissionHousing Authority, or County, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the AUTHORITYCommission, CommissionHousing Authority, County, or any other public entity. d. c. If there is evidence that the CONTRACTOR Contractor may be subject to debarment, the AUTHORITY County will notify the CONTRACTOR Contractor in writing of the evidence, which is the basis for the proposed debarment and will advise the CONTRACTOR Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. e. d. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The CONTRACTOR Contractor and/or the CONTRACTOR’S Contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the CONTRACTOR Contractor should be debarred, and, if so, the appropriate length of time of the debarment. The CONTRACTOR Contractor and the AUTHORITY County shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Commissioners. f. e. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision and any other recommendation of the Contractor Contract Hearing Board shall be presented to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. g. f. If a CONTRACTOR Contractor has been debarred for a period longer than five years, that CONTRACTOR Contractor may, after the debarment has been in effect for at least five years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The AUTHORITY County may, at in its discretion, reduce the period of debarment or terminate the debarment if it finds that the CONTRACTOR Contractor has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interest interests of the AUTHORITYCounty. h. g. The Contractor Hearing Board will consider a request for review of the debarment determination only where (1) the CONTRACTOR Contractor has been debarred for a period longer than five years; (2) the debarment has been in effect for at least five years; and (3) the request is in writing, states one or more of the grounds ground for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the CONTRACTOR Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment Hearing. . h. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. i. These terms shall also apply to subcontractors and subconsultants of County, Housing AuthorityCommission, or Commission Housing Authority contractors, consultants, vendors and operating agencies.

Appears in 1 contract

Samples: Reimbursable Contract

Contractor Responsibility and Debarment. a. A. A responsible contractor is a contractor, consultant, vendor vendor, or operating agency who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the AUTHORITYCommission, Community Development Commission (Commission)Housing Authority, and County of Los Angeles (County) to conduct business only with responsible contractors. b. B. The CONTRACTOR Contractor is hereby notified that if the AUTHORITY Commission acquires information concerning the performance of the CONTRACTOR Contractor on this or other contracts which indicates that the CONTRACTOR Contractor is not responsible, the AUTHORITY Commission may, in addition to other remedies provided in the contract, debar the CONTRACTOR Contractor from bidding or proposing on, or being awarded, and/or performing work on AUTHORITY Commission contracts for a specified period of time, which generally will not to exceed five years, years but may exceed five years or be permanent if warranted by circumstances, and terminate any or all existing contracts the CONTRACTOR Contractor may have with the AUTHORITYCommission. c. C. The AUTHORITY Commission may debar a CONTRACTORcontractor, consultant, vendor or operating agency if the Board of Commissioners finds, in its discretion, that the CONTRACTOR contractor, consultant, vendor, or operating agency has done any of the following: (1) violated any term of a contract with the AUTHORITYCommission, CommissionHousing Authority, or County, or a nonprofit corporation created by the AUTHORITY, Commission, Housing Authority, or County, County (2) committed an any act or omission which negatively reflects on the its quality, fitness or capacity to perform a contract with the AUTHORITY, Commission, Housing Authority, or County, County or any other public entity, or a nonprofit corporation created by the AUTHORITYCommission, CommissionHousing Authority, or County, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the AUTHORITYCommission, CommissionHousing Authority, County, or any other public entity. d. D. If there is evidence that the CONTRACTOR Contractor may be subject to debarment, the AUTHORITY Commission will notify the CONTRACTOR Contractor in writing of the evidence, which is the basis for the proposed debarment and will advise the CONTRACTOR Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. e. E. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The CONTRACTOR Contractor and/or the CONTRACTOR’S Contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the CONTRACTOR Contractor should be debarred, and, if so, the appropriate length of time of the debarment. The CONTRACTOR Contractor and the AUTHORITY Commission shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Commissioners. f. F. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision and any other recommendation of the Contractor Contract Hearing Board shall be presented to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. g. G. If a CONTRACTOR Contractor has been debarred for a period longer than five years, that CONTRACTOR Contractor may, after the debarment has been in effect for at least five years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The AUTHORITY Commission may, at in its discretion, reduce the period of debarment or terminate the debarment if it finds that the CONTRACTOR Contractor has adequately demonstrated one or more of the following: : (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interest interests of the AUTHORITYCommission. h. H. The Contractor Hearing Board will consider a request for review of the debarment determination only where (1) the CONTRACTOR Contractor has been debarred for a period longer than five years; (2) the debarment has been in effect for at least five years; and (3) the request is in writing, states one or more of the grounds ground for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the CONTRACTOR Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment Hearing. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. i. I. These terms shall also apply to subcontractors and subconsultants of County, Housing AuthorityCommission, or Commission Housing Authority contractors, consultants, vendors and operating agencies.

Appears in 1 contract

Samples: Contract

Contractor Responsibility and Debarment. a. A responsible contractor is a contractor, consultant, vendor vendor, or operating agency who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the AUTHORITYCommission, Community Development Commission (Commission)Housing Authority, and County of Los Angeles (County) to conduct business only with responsible contractors. b. a. The CONTRACTOR Operating Agency is hereby notified that if the AUTHORITY County acquires information concerning the performance of the CONTRACTOR Contractor on this or other contracts which indicates that the CONTRACTOR Contractor is not responsible, the AUTHORITY County may, in addition to other remedies provided in the contract, debar the CONTRACTOR Contractor from bidding or proposing on, or being awarded, and/or performing work on AUTHORITY County, Commission, and/or Housing Authority contracts for a specified period of time, which generally will not to exceed five years, years but may exceed five years or be permanent if warranted by circumstances, and terminate any or all existing contracts the CONTRACTOR Contractor may have with the AUTHORITYCounty, Commission, and/or Housing Authority. c. b. The AUTHORITY County may debar a CONTRACTORcontractor, consultant, vendor or operating agency if the Board of Commissioners finds, in its discretion, that the CONTRACTOR contractor, consultant, vendor, or operating agency has done any of the following: (1) violated any term of a contract with the AUTHORITYCommission, CommissionHousing Authority, or County, or a nonprofit corporation created by the AUTHORITY, Commission, Housing Authority, or County, County (2) committed an any act or omission which negatively reflects on the its quality, fitness or capacity to perform a contract with the AUTHORITY, Commission, Housing Authority, or County, County or any other public entity, or a nonprofit corporation created by the AUTHORITYCommission, CommissionHousing Authority, or County, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the AUTHORITYCommission, CommissionHousing Authority, County, or any other public entity. d. c. If there is evidence that the CONTRACTOR Contractor may be subject to debarment, the AUTHORITY County will notify the CONTRACTOR Contractor in writing of the evidence, which is the basis for the proposed debarment and will advise the CONTRACTOR Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. e. d. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The CONTRACTOR Contractor and/or the CONTRACTOR’S Contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the CONTRACTOR Contractor should be debarred, and, if so, the appropriate length of time of the debarment. The CONTRACTOR Contractor and the AUTHORITY County shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Commissioners. f. e. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision and any other recommendation of the Contractor Contract Hearing Board shall be presented to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. g. f. If a CONTRACTOR Contractor has been debarred for a period longer than five years, that CONTRACTOR Contractor may, after the debarment has been in effect for at least five years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The AUTHORITY County may, at in its discretion, reduce the period of debarment or terminate the debarment if it finds that the CONTRACTOR Contractor has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interest interests of the AUTHORITYCounty. h. g. The Contractor Hearing Board will consider a request for review of the debarment determination only where (1) the CONTRACTOR Contractor has been debarred for a period longer than five years; (2) the debarment has been in effect for at least five years; and (3) the request is in writing, states one or more of the grounds ground for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the CONTRACTOR Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment Hearing. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. i. These terms shall also apply to subcontractors and subconsultants of County, Housing Authority, or Commission contractors, consultants, vendors and agencies.

Appears in 1 contract

Samples: Community Development Block Grant Program Contract

Contractor Responsibility and Debarment. a. A responsible contractor is a contractor, consultant, vendor vendor, or operating agency who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contractContract. It is the policy of the AUTHORITYCommission, Community Development Commission (Commission)Housing Authority, and County of Los Angeles (County) to conduct business only with responsible contractors. b. a. The CONTRACTOR Operating Agency is hereby notified that if the AUTHORITY County acquires information concerning the performance of the CONTRACTOR a contractor on this or other contracts which indicates that the CONTRACTOR contractor is not responsible, the AUTHORITY County may, in addition to other remedies provided in the contractContract, debar the CONTRACTOR contractor from bidding or proposing on, or being awarded, and/or performing work on AUTHORITY County, Commission, and/or Housing Authority contracts for a specified period of time, which generally will not exceed five years, (5) years but may exceed five (5) years or be permanent if warranted by circumstances, and terminate any or all existing contracts the CONTRACTOR contractor may have with the AUTHORITYCounty, Commission, and/or Housing Authority. c. b. The AUTHORITY County may debar a CONTRACTORcontractor, consultant, vendor or operating agency if the Board of Commissioners finds, in its discretion, that the CONTRACTOR contractor, consultant, vendor, or operating agency has done any of the following: (1) violated any term of a contract with the AUTHORITYCommission, CommissionHousing Authority, or County, or a nonprofit corporation created by the AUTHORITYCommission, CommissionHousing Authority, or County, ; (2) committed an any act or omission which negatively reflects on the its quality, fitness or capacity to perform a contract with the AUTHORITY, Commission, Housing Authority, or County, County or any other public entity, or a nonprofit corporation created by the AUTHORITYCommission, CommissionHousing Authority, or County, or engaged in a pattern or practice which negatively reflects on same, ; (3) committed an act or offense which indicates a lack of business integrity or business honesty, ; or (4) made or submitted a false claim against the AUTHORITYCommission, CommissionHousing Authority, County, or any other public entity. d. c. If there is evidence that the CONTRACTOR contractor may be subject to debarment, the AUTHORITY County will notify the CONTRACTOR contractor in writing of the evidence, which is the basis for the proposed debarment and will advise the CONTRACTOR contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. e. d. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The CONTRACTOR contractor and/or the CONTRACTOR’S contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the CONTRACTOR contractor should be debarred, and, if so, the appropriate length of time of the debarment. The CONTRACTOR contractor and the AUTHORITY County shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Commissioners. f. e. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. g. f. If a CONTRACTOR contractor has been debarred for a period longer than five (5) years, that CONTRACTOR contractor may, after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The AUTHORITY County may, at its discretion, reduce the period of debarment or terminate the debarment if it finds that the CONTRACTOR contractor has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after the debarment was imposed; or (4) any other reason that is in the best interest interests of the AUTHORITYCounty. h. g. The Contractor Hearing Board will consider a request for review of the debarment determination only where (1) the CONTRACTOR contractor has been debarred for a period longer than five (5) years; (2) the debarment has been in effect for at least five (5) years; and (3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the CONTRACTOR Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of the debarment period or termination of the debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment Hearing. hearing. h. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. i. These terms shall also apply to subcontractors and subconsultants consultants of County, Housing AuthorityCommission, or Commission Housing Authority contractors, consultants, vendors vendors, and operating agencies.

Appears in 1 contract

Samples: Community Development Block Grant Program Contract

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Contractor Responsibility and Debarment. a. A. A responsible contractor is a contractor, consultant, vendor vendor, or operating agency who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the AUTHORITYCommission, Community Development Commission (Commission)Housing Authority, and County of Los Angeles (County) to conduct business only with responsible contractors. b. B. The CONTRACTOR Contractor is hereby notified that if the AUTHORITY Commission acquires information concerning the performance of the CONTRACTOR Contractor on this or other contracts which indicates that the CONTRACTOR Contractor is not responsible, the AUTHORITY Commission may, in addition to other remedies provided in the contract, debar the CONTRACTOR Contractor from bidding or proposing on, or being awarded, and/or performing work on AUTHORITY Commission contracts for a specified period of time, which generally will not to exceed five years, years but may exceed five years or be permanent if warranted by circumstances, and terminate any or all existing contracts the CONTRACTOR Contractor may have with the AUTHORITYCommission. c. C. The AUTHORITY Commission may debar a CONTRACTORcontractor, consultant, vendor or operating agency if the Board of Commissioners finds, in its discretion, that the CONTRACTOR contractor, consultant, vendor, or operating agency has done any of the following: (1) violated any term of a contract with the AUTHORITYCommission, CommissionHousing Authority, or County, or a nonprofit corporation created by the AUTHORITY, Commission, Housing Authority, or County, County (2) committed an any act or omission which negatively reflects on the its quality, fitness or capacity to perform a contract with the AUTHORITY, Commission, Housing Authority, or County, County or any other public entity, or a nonprofit corporation created by the AUTHORITYCommission, CommissionHousing Authority, or County, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the AUTHORITYCommission, CommissionHousing Authority, County, or any other public entity. d. D. If there is evidence that the CONTRACTOR Contractor may be subject to debarment, the AUTHORITY Commission will notify the CONTRACTOR Contractor in writing of the evidence, which is the basis for the proposed debarment and will advise the CONTRACTOR Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. e. E. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The CONTRACTOR Contractor and/or the CONTRACTOR’S Contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the CONTRACTOR Contractor should be debarred, and, if so, the appropriate length of time of the debarment. The CONTRACTOR Contractor and the AUTHORITY Commission shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Commissioners. f. F. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision and any other recommendation of the Contractor Contract Hearing Board shall be presented to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. g. G. If a CONTRACTOR Contractor has been debarred for a period longer than five years, that CONTRACTOR Contractor may, after the debarment has been in effect for at least five years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The AUTHORITY Commission may, at in its discretion, reduce the period of debarment or terminate the debarment if it finds that the CONTRACTOR Contractor has adequately demonstrated one or more of the following: : (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment xxxxxxxxx was imposed; or (4) any other reason that is in the best interest interests of the AUTHORITYCommission. h. H. The Contractor Hearing Board will consider a request for review of the debarment determination only where (1) the CONTRACTOR Contractor has been debarred for a period longer than five years; (2) the debarment has been in effect for at least five years; and (3) the request is in writing, states one or more of the grounds ground for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the CONTRACTOR Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment Hearing. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. i. I. These terms shall also apply to subcontractors and subconsultants of County, Housing AuthorityCommission, or Commission Housing Authority contractors, consultants, vendors and operating agencies.

Appears in 1 contract

Samples: Acoustical Consulting Services Agreement

Contractor Responsibility and Debarment. a. A responsible contractor is a contractor, consultant, vendor or operating agency who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the AUTHORITY, Community Development Commission (Commission), and County of Los Angeles (County) to conduct business only with responsible contractors. b. The CONTRACTOR is hereby notified that if the AUTHORITY acquires information concerning the performance of the CONTRACTOR on this or other contracts which indicates that the CONTRACTOR is not responsible, the AUTHORITY may, in addition to other remedies provided in the contract, debar the CONTRACTOR from bidding or proposing on, or being awarded, and/or performing work on AUTHORITY contracts for a specified period of time, which generally will not exceed five years, but may exceed five years or be permanent if warranted by circumstances, and terminate any or all existing contracts the CONTRACTOR may have with the AUTHORITY. c. The AUTHORITY may debar a CONTRACTOR, consultant, vendor or operating agency if the Board of Commissioners finds, in its discretion, that the CONTRACTOR has done any of the following: (1) violated any term of a contract with the AUTHORITY, Commission, or County, or a nonprofit corporation created by the AUTHORITY, Commission, or County, (2) committed an act or omission which negatively reflects on the quality, fitness or capacity to perform a contract with the AUTHORITY, Commission, or County, any other public entity, a nonprofit corporation created by the AUTHORITY, Commission, or County, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the AUTHORITY, Commission, County, or any other public entity.. SAMPLE d. If there is evidence that the CONTRACTOR may be subject to debarment, the AUTHORITY will notify the CONTRACTOR in writing of the evidence, which is the basis for the proposed debarment and will advise the CONTRACTOR of the scheduled date for a debarment hearing before the Contractor Hearing Board. e. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The CONTRACTOR and/or the CONTRACTOR’S representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the CONTRACTOR should be debarred, and, if so, the appropriate length of time of the debarment. The CONTRACTOR and the AUTHORITY shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Commissioners. f. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. g. If a CONTRACTOR has been debarred for a period longer than five years, that CONTRACTOR may, after the debarment has been in effect for at least five years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The AUTHORITY may, at its discretion, reduce the period of debarment or terminate the debarment if it finds that the CONTRACTOR has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interest of the AUTHORITY.. SAMPLE h. The Contractor Hearing Board will consider a request for review of the debarment determination only where (1) the CONTRACTOR has been debarred for a period longer than five years; (2) the debarment has been in effect for at least five years; and (3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the CONTRACTOR Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment Hearing. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. i. These terms shall also apply to subcontractors and subconsultants of County, Housing Authority, or Commission contractors, consultants, vendors and agencies.

Appears in 1 contract

Samples: Shelter Plus Care Tenant Based Rental Assistance Agreement

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