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HomeMy WebLinkAboutNS-1704REL:ar 8/8/83 ORDINANCE NO. NS- 1704 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 2-808 TO THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE DISQUALIFICATION OF NONCOMPLYING CONTRACTORS FROM BIDDING ON PUBLIC WORKS CONTRACTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 2-808, which said section reads as follows: Sec. 2-808. Disqualification of contractors. (a) In the event that any person who has contracted with the city for the provision of labor and materials for public works construction violates any covenant or condition of said contract, then, in addition to any other right or remedy to which the city may be entitled, such person may be disqualified from bidding on city contracts for public works construction for a period of up to one year, in accordance with the provisions of this section. (b) No person shall be disqualified under this section without having first been given notice of the charges against him and an opportunity to be heard on the issues. Unless an alternative hearing procedure is directed by the city council, the notice of charges and time and place of hearing shall be Given to the person by the director of public works, based upon his preliminary determination that a violation calling for disqualification has occurred, and the said director, or hie authorized representative, shall conduct such hearing and determine whether and for how long such person shall be disqualified. Any determination of disqualification may be appealed to the city council pursuant to Chapter 3 of this Code. ORDINANCE NO. NS-1704 PAGE TWO (c) In determining whether a person should be disqualified and, if so, the duration of the disqualifi- cation, the hearing officer and the city council shall consider the following: (1) Whether any violation of the contract did in fact occur. (2) Whether the violation caused any sig- nificant detriment to the city or to the public interest in terms of additional expense, delay in completion of the work, or noncompliance with public policy obligations. (3) Whether the acts or omissions that constituted or resulted in the violation were marked by willful or reckless disregard for the duty to comply with the contract. (d) No person disqualified under this section, and no person who lists any~person disqualified as a subcontractor on any bid, shall be considered the best bidder on any contract for public works construction to be awarded by the city within the period of the dis- qualification. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision'of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion.thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portigns be declared invalid or unconstitu- tional. ORDINANCE NO. NS-1704 PAGE THREE SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaininG shall continue in full force and effect. ADOPTED this ATTEST: GUY C~ CLERK OF THE COUNCIL 5th day of December , 1983. R. W. ~EMBOURGER, MA~OR APPROVED AS TO FORM: COUNCILMEMBERS: Luxembourger Aye Griset Aye Acosta Aye Bricken Aye Johnson Aye McGu igan A.¥e Young A.ye CITY ATTORNBX--~'