For purposes of these procedures, the following definitions shall apply:
Information sufficient to support a reasonable belief that a particular act or omission has occurred.
A person who is any of the following:
The assignee, successor, subsidiary of, or parent company, of another person; or
A controlling stockholder; or
Has the same or similar management of a debarred corporation or other legal entity; or
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. |
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.
The Town department head, or designee, who recommends debarment of a person.
A Town-issued written evaluation of a person describing the performance of the person or the business on a specific Town contract.
A stockholder who:
The temporary or permanent disqualification of a person from any of the following:
Bidding on a Town contract; or
Submitting responses to Town's requests for proposals or qualifications; or
Being awarded a Town contract; or
Executing a Town contract; or
Participating in a Town contract as a subcontractor, material supplier, or employee of a prime contractor or another subcontractor; or
Directly or indirectly (e.g., through an affiliate) submitting offers for, or executing contracts, or subcontracts with the Town; or
Conducting business with the Town as an employee, agent, or representative of another person.
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.
The officers, partners, owners, foremen or other individuals responsible for the financial and operational policies and practices of a 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:
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.
A person who enters into and duly executes a contract with the Town.
A contract for the construction, reconstruction or repair of public buildings, streets, utilities, and other public works.
An individual who is any of the following:
An individual related by consanguinity to a person within the second degree as determined by the common law; or
A spouse of a person; or
An individual related to a spouse of a person within the second degree of consanguinity as determined by the common law; or
An individual in an adoptive relationship within the second degree of a person as determined by the common law.
A person or business who is any of the following:
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.
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.
Any of the following acts or omissions:
(Ord. 410-13)