For purposes of these procedures, the following definitions shall apply:
Adequate evidence.
Information sufficient to support a reasonable belief that a particular act or omission has occurred.
Affiliate.
A person who is any of the following:
1. 
The assignee, successor, subsidiary of, or parent company, of another person; or
2. 
A controlling stockholder; or
3. 
Has the same or similar management of a debarred corporation or other legal entity; or
4. 
Directly or indirectly controls, or has the power to control, another person, or is directly or indirectly controlled by another person.
For purposes of this definition, indicia of control include, but are not limited to, common or integrated management or ownership, identity of interests among relatives, shared facilities and equipment, common use of employees, or a business entity organized following the debarment, suspension, or proposed debarment of a person which has the same or similar management, ownership or principal employees as the contractor which may be or has been debarred, suspended or proposed for debarment, or the debarred person or the business entity created after the debarment, suspension or proposed debarment and which operates in a manner designed to evade the application of these procedures or to defeat the purpose of these procedures.
Charging document.
A written document which identifies with particularity the information relevant to the proposed debarment and which summarizes the Town's evidence concerning the person or business recommended for debarment.
Charging officer.
The Town department head, or designee, who recommends debarment of a person.
Contract performance evaluation.
A Town-issued written evaluation of a person describing the performance of the person or the business on a specific Town contract.
Controlling stockholder.
A stockholder who:
1. 
Owns more than 25% of the voting stock of a corporation; or
2. 
Has the power to direct or control the direction of the management or policies of a corporation, without regard to the number of shares the stockholder owns.
Debar or debarment.
The temporary or permanent disqualification of a person from any of the following:
1. 
Bidding on a Town contract; or
2. 
Submitting responses to Town's requests for proposals or qualifications; or
3. 
Being awarded a Town contract; or
4. 
Executing a Town contract; or
5. 
Participating in a Town contract as a subcontractor, material supplier, or employee of a prime contractor or another subcontractor; or
6. 
Directly or indirectly (e.g., through an affiliate) submitting offers for, or executing contracts, or subcontracts with the Town; or
7. 
Conducting business with the Town as an employee, agent, or representative of another person.
Debarment hearing officer.
A Town employee who is appointed by the Town Manager to hold hearings, take evidence, and to make determinations about a proposed debarment for the Town, or some other person not employed by the Town as and when determined by the Town Manager.
Management.
The officers, partners, owners, foremen or other individuals responsible for the financial and operational policies and practices of a person.
Person.
A natural person, corporation, firm, association, organization, partnership, limited liability partnership, limited liability company, business, trust, or affiliate. The term person also includes any individual or other legal entity that does either of the following:
1. 
Directly or indirectly (e.g., through an affiliate) submits offers for or is awarded a Town contract or a subcontract under a Town contract; or
2. 
Conducts business with the Town as an agent or representative of another person.
Preponderance of the evidence.
Proof by information that, when compared with the information opposing it, leads to the conclusion that the fact at issue is more probably true than not.
Prime contractor.
A person who enters into and duly executes a contract with the Town.
Public works contract.
A contract for the construction, reconstruction or repair of public buildings, streets, utilities, and other public works.
Relative.
An individual who is any of the following:
1. 
An individual related by consanguinity to a person within the second degree as determined by the common law; or
2. 
A spouse of a person; or
3. 
An individual related to a spouse of a person within the second degree of consanguinity as determined by the common law; or
4. 
An individual in an adoptive relationship within the second degree of a person as determined by the common law.
Subcontractor.
A person or business who is any of the following:
1. 
A person who contracts directly with a prime contractor but not directly with the Town; or
2. 
Any person under contract with a prime contractor or another subcontractor to provide any service, materials, labor or otherwise perform on a Town contract.
Town contract.
Any written agreement between the Town and another person for the purchase of goods or services or any combination thereof, including contracts for the construction of Town public works.
Town Manager.
The Town Manager or designee. The Town Manager may, in writing, delegate any or all of his or her rights and responsibilities under this resolution to another Town officer.
Willful failure to cooperate.
Any of the following acts or omissions:
1. 
Intentionally fails to attend a hearing or give testimony; or
2. 
Intentionally fails to provide documents, books, papers, or other information upon request of any Town officer.
(Ord. 410-13)
Any of the following acts or omissions may constitute appropriate grounds for debarment of a person by the Town:
A. 
A final conviction, including a plea of nolo contendere, or final unappealable civil judgment of anyone or more of the following:
1. 
A violation of any State or Federal statute or municipal ordinance for embezzlement, theft, fraud, bid rigging, perjury, forgery, bribery, falsification or destruction of records, receiving stolen property, or any offense indicating a lack of business integrity or business honesty; or
2. 
The commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract; or
3. 
A violation of California Government Code Sections 84300(c) and 84301 (sections of the California Political Reform Act requiring disclosure of true campaign donor), and which violations occur with respect to a Town election.
B. 
Debarment of the person by another governmental agency.
C. 
A Fair Political Practices Commission final enforcement order against a person, either following a hearing or by stipulation, that makes a finding of a violation of California Government Code Sections 84300(c) and 84301 and which violations occurred with respect to a Town election.
D. 
The person has committed any unlawful or unethical act in bidding for or in any way seeking the award of a Town contract.
E. 
The person was created or formed to, or operates in a manner designed to evade the application of these debarment procedures or to defeat the purpose of these debarment procedures.
F. 
On one or more occasions, the person committed any of the following acts or omissions:
1. 
Unjustifiably refused to properly perform or complete contract work or warranty performance on a Town contract; or
2. 
Unjustifiably failed to honor or observe contractual obligations or legal requirements pertaining to a Town contract; or
3. 
Used demonstrably substandard materials, or failed to furnish or install materials in accordance with requirements of a Town contract; or
4. 
Willfully failed to cooperate in the review or investigation of the person's performance or administration of a Town contract; or
5. 
Performed, or failed to perform, a Town contract in manner that violated any permit or discretionary approval issued by any governmental agency for the work; or
6. 
Violated any Town ordinance or policy relating to employment and did not take corrective action after sufficient notice by the Town; or
7. 
Failed to timely submit performance securities, contract documents, insurance documents or any other item required by the Town in conformance with bid or contract requirements; or
8. 
Submitted a bid or a claim for payment to the Town with computational or other errors.
(Ord. 410-13)
Upon a recommendation for debarment from a charging officer, the Town Manager may initiate an administrative debarment proceeding by serving the person or persons recommended for debarment with a charging document. The charging document shall state the grounds for debarment with sufficient specificity to advise the person recommended for debarment of the basis for the recommended debarment. The charging document shall also summarize the Town's evidence against the person.
(Ord. 410-13)
Within 15 days of service of the charging document, any person named in the charging document may submit a written request for an administrative hearing. A request for a hearing may be made through counsel or other authorized representative. Hearing requests shall be filed with the Town Clerk with a copy provided to the Town Manager.
(Ord. 410-13)
The failure of any person to file a written request to be heard with the Town Clerk within the time required by this chapter, or failure of the person or the person's representative(s) to appear for a requested hearing which has been scheduled and noticed in accordance with the provisions in this chapter, shall be deemed an admission by the person to the allegations contained in the charging document.
(Ord. 410-13)
If a timely request for a hearing is filed with the Town Clerk pursuant to Section 3.34.050, the Town Manager shall appoint a fair and impartial Debarment Hearing Officer to hear and determine whether the person should be debarred. The Debarment Hearing Officer shall follow the procedures set forth in this chapter and shall make a decision based on the evidence provided at the debarment hearing.
(Ord. 410-13)
A. 
Upon the service of a charging document, the Town Manager may elect to suspend any person named in the charging document if the Town Manager finds in writing that it is in the public interest to do so.
B. 
The Town Manager shall notify the person of the suspension in accordance with the procedures set forth in this chapter.
C. 
The suspension shall continue from the effective date of the notice of suspension as provided in this resolution until the Debarment Hearing Officer makes a final decision on the proposed debarment or until there has been a final ruling by the Town Council following an appeal of a debarment decision, if any appeal is filed. No suspension shall exceed a period of 120 days.
(Ord. 410-13)
A. 
Whenever notice is required to be delivered under these procedures, the notice shall be delivered by any of the following methods:
1. 
Personal delivery, with service deemed effective on the date of delivery as established with a written proof of service.
2. 
Certified mail, postage prepaid, return receipt requested; provided that, simultaneously, the same notice is sent by regular mail. If a notice sent by certified mail is returned unsigned, then delivery shall be deemed effective pursuant to regular mail; provided, the notice sent by regular mail is not returned as undelivered by the postal authorities. Service provided in this manner shall be deemed effective on the date of mailing as established by a written proof of service.
3. 
Publication in a newspaper of general circulation. Service shall be deemed effective on the first date of publication.
B. 
Proof of delivery of notice may be made by the certificate of any officer or employee of the Town or by declaration under penalty of perjury of any person over the age of 18 years. The proof of service shall show that delivery was done in conformity with this resolution.
C. 
The failure of any person to receive any notice duly served in accordance with these procedures shall not affect the validity of any debarment proceedings.
(Ord. 410-13)
A. 
The Debarment Hearing Officer shall notify each person named in the charging document who has requested a hearing and the charging official of the scheduled debarment hearing date. The hearing date shall be set at the Debarment Hearing Officer's sole discretion, except the hearing must commence not less than 21 days or more than 90 days after of the date of service of the charging document. The Debarment Hearing Officer may extend the 90-day period upon good cause shown.
B. 
Discovery pursuant to the California Code of Civil Procedure is not applicable to this administrative debarment procedure.
C. 
The Debarment Hearing Officer may, in his or her sole discretion, direct any person named in the charging document and the charging official to submit in advance of the hearing, statements, legal analyses, lists of witnesses, exhibits, documents, or any other information the Debarment Hearing Officer deems pertinent to the determination on the debarment. The Debarment Hearing Officer may request the respective parties to submit any rebuttal evidence in response to such information. The Debarment Hearing Officer may limit the length, scope, or content of any statement, analysis, list, rebuttal, document, or other requested information.
(Ord. 410-13)
A. 
The proceedings shall be as informal as is compatible with the requirements of fairness and equity. The Debarment Hearing Officer need not be bound by the common law or statutory rules of evidence and procedure, but may make inquiries in the matter through all means and in a manner best calculated to make a just factual determination.
B. 
Upon the written agreement of each person who has requested a hearing and the Charging Official, and with the concurrence of the Debarment Hearing Officer, the hearing may be conducted exclusively by written presentation.
C. 
The Debarment Hearing Officer may, in his or her sole discretion, do either of the following:
1. 
Set time limitations on the presentation of evidence at the hearing; or
2. 
Limit the scope of evidence presented based on relevancy.
D. 
Oral evidence shall be taken only under oath or affirmation. Subject to the provisions of this chapter, any relevant evidence, including hearsay, shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs; provided, however, that a determination of debarment shall not be based solely on hearsay evidence.
(Ord. 410-13)
A. 
After notice and hearing held in accordance with these procedures, or upon the allegations contained in the charging document if a request for a hearing is not timely filed, the Debarment Hearing Officer shall determine whether the person is to be debarred and whether the debarment shall be temporary or permanent. If the debarment is temporary, the Debarment Hearing Officer shall indicate the period of the debarment. To debar a person, the Debarment Hearing Officer must find by a preponderance of the evidence that one or more grounds for debarment stated in the charging document exist. The Debarment Hearing Officer shall render his or her decision, in writing, within 15 days of the conclusion of the hearing or within 30 days of the service of the charging document if no hearing is requested, whichever is earlier.
B. 
Except as provided in subsection D, a Debarment Hearing Officer's decision shall be final.
C. 
The Debarment Hearing Officer shall deliver notice of the decision to each person named in the charging document and to the Town Manager in the manner of service provided in this chapter.
D. 
The decision of the Debarment Hearing Officer to debar a person may be appealed to the Town Council in accordance with Chapter 1.30 of the Yountville Municipal Code. The filing of an appeal of the debarment decision shall not stay any suspension put in place by the Town Manager pending a final decision of the Town Council.
E. 
A copy of the decision shall be provided to the Town Manager by the Debarment Hearing Officer or by the Town Clerk's office if the decision is appealed to the Town Council.
(Ord. 410-13)
The standard of proof for the debarment hearing shall be a preponderance of the evidence and the burden of proof shall initially be the responsibility of the charging officer.
(Ord. 410-13)
A. 
The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other individuals associated with a person may be imputed to the person when the conduct occurred in connection with the individual's performance of duties for, or on behalf of, the person, or with the person's knowledge, approval, or acquiescence. The person's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.
B. 
The fraudulent, criminal, or other seriously improper conduct of a person may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with the person who participated in, knew of, or had reason to know of the person's conduct.
C. 
The fraudulent, criminal, or other seriously improper conduct of one person participating in a joint venture or similar arrangement may be imputed to other participating persons if the conduct occurred for, on approval of, or acquiescence of these persons. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.
(Ord. 410-13)
Once a final decision has been issued as provided in this chapter, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6.
(Ord. 410-13)
A. 
The Town Manager shall create and maintain a list of persons who have been debarred or suspended in accordance with these procedures.
1. 
This list shall include the names and addresses of all persons who have been debarred or suspended.
2. 
For each debarred or suspended person, the list shall state the date of commencement and expiration of the debarment or suspension.
B. 
The Town Manager shall establish procedures to provide for the effective use of the list to ensure that the Town does not do business with persons who have been debarred or suspended.
(Ord. 410-13)
A. 
Persons who have been debarred or suspended are excluded from conducting business with the Town on behalf of themselves or as agents or representatives of other persons for the duration of the debarment or suspension.
B. 
Persons who have been debarred or suspended are excluded from submitting bids, directly or indirectly (e.g., through an affiliate), submitting responses to requests for proposal or qualifications, receiving contract awards, executing contracts, participating as a subcontractor, employee, agent or representative of another person contracting with the Town, or receiving contracts for the period of debarment or suspension.
C. 
The management of a corporate or other legal entity that has been debarred or suspended shall not conduct business with the Town under a different corporate name.
D. 
The Town shall not accept any bid, proposal, quotation, or offer from any debarred or suspended person for the duration of the debarment or suspension.
E. 
When a debarred person sells or otherwise transfers to a relative or to any other person over whose actions the debarred person exercises substantial influence or control, then that relative or other person is automatically suspended or debarred or proposed for debarment to the same extent as the seller or transferor is debarred, suspended, or proposed for debarment.
(Ord. 410-13)
A. 
If the Town determines that a person is an affiliate of a person that is debarred, suspended or proposed for debarment, the affiliate is debarred or suspended to the same extent as the person that is debarred, suspended or proposed for debarment.
B. 
An affiliate that is debarred under this section may appeal the debarment determination to the Debarment Hearing Officer by submitting a written request to the Town Clerk within 10 days of notice of the debarment determination. An appeal under this section shall be governed by the same rules and regulations in accordance with these procedures as are applicable to a Debarment Hearing Officer's procedure to debar a person, including an appeal to the Town Council.
C. 
The filing of an appeal under this section shall not stay the decision to debar the affiliate.
(Ord. 410-13)
A. 
Notwithstanding the debarment, suspension, or proposed debarment, of a person, the Town may continue existing contracts or subcontracts it has with that person that are in existence at the time the person was debarred, suspended, or proposed for debarment.
B. 
The Town may continue to place orders against existing contracts, including delivery contracts, held by a debarred or suspended person, unless the contract has been terminated.
C. 
The Town shall not renew or voluntarily extend the duration of current contracts, or consent to subcontracts, with debarred or suspended persons, unless the Town Administrator states in writing the compelling reasons for renewal or extension.
(Ord. 410-13)
Any person who enters a contract with the Town, either directly as a contractor or indirectly as a subcontractor, during a period of suspension or debarment imposed upon that person by the Town under this chapter shall be liable to the Town for increased costs incurred as a result of replacing the debarred or suspended person.
(Ord. 410-13)
The Town may, but is not required to, offer a person the opportunity to execute a written agreement not to bid on any Town contract for one year, in lieu of the Town pursuing a one year disbarment under this chapter. By executing this agreement, the person shall consent to waive a debarment hearing pursuant to this chapter, and this agreement will not constitute a debarment.
(Ord. 410-13)