Chapter 2.31
PUBLIC WORKS PROJECTS—DECLARATION OF NONRESPONSIBILITY

Sections:

2.31.010    Declaration of nonresponsibility.

2.31.020    Finding of noncompliance.

2.31.030    Appeals.

2.31.040    Disqualification.

2.31.050    Rules and regulations.

2.31.010 Declaration of nonresponsibility.

Where a contractor on a County public works project has failed, or the County has cause to believe a contractor bidding on a County public works project shall fail, to demonstrate the trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform a public works contract, including by failing to abide by a material term of a County contract concerning a public works project, applicable prevailing wage laws called for by a contract, other applicable laws governing labor standards or working conditions, or any of the other provisions of the Santa Cruz County Code which expressly reference the sanctions provided for in this chapter applicable to contractors, said contractor shall be declared a nonresponsible contractor pursuant to the procedures outlined in SCCC 2.31.020. For purposes of this chapter, “public works project” means any project of the County valued at or above $10,000 which is subject to the formal bidding procedures set forth in SCCC 2.35.050(B) and “contractor” includes the term “subcontractor.” [Ord. 5284 § 1, 2018].

2.31.020 Finding of noncompliance.

If the County department head with responsibility for contract administration has cause to believe that a contractor meets the criteria set forth in SCCC 2.31.010 to be declared a nonresponsible contractor, the department head may conduct an investigation. If, after concluding the investigation, the department head determines that evidence exists to conclude that the contractor meets the criteria set forth in SCCC 2.31.010, the department head, after consultation with the County Administrative Officer or their designee, shall make a written finding of noncompliance which shall include a declaration of nonresponsibility. The written finding of noncompliance shall provide the contractor with an opportunity to appeal the finding of noncompliance to the Board of Supervisors in accordance with the appeal procedures set forth in SCCC 2.31.030. If the Board concurs with the finding of noncompliance, it shall affirm that finding along with the declaration of nonresponsibility contained therein. The decision of the Board of Supervisors shall be final. [Ord. 5284 § 1, 2018].

2.31.030 Appeals.

(A)    A finding of noncompliance and declaration of nonresponsibility may be appealed by the affected contractor to the Board of Supervisors. The County shall be considered an interested party in any appeal.

(B)    Appeal Time Limits. Appeals shall be initiated within 10 days of the date the decision is communicated to the contractor. If the appeal period ends on a day when the County offices are not open to the public for business, the appeal period shall be extended to the next full working day.

(C)    Initiation of Appeals.

(1)    Filing of Appeals. An appeal shall be filed with the Clerk of the Board of Supervisors on a form provided and shall state, as appropriate, any of the following:

(a)    A determination or interpretation is not in accord with the purpose of this chapter;

(b)    There was an error or abuse of discretion;

(c)    The record includes inaccurate information; or

(d)    A decision is not supported by the record.

(2)    Effect on Underlying Determination. If appealed, the finding of noncompliance and declaration of nonresponsibility shall not become effective until the appeal is resolved.

(D)    Appeal Procedure.

(1)    Appeal Hearing Date. Unless the contractor and the County consent to a later date, the appeal hearing shall take place before the Board of Supervisors no later than 30 days after the County receives an appeal.

(2)    Notice and Public Hearing. An appeal hearing shall be a public hearing. Notice of the public hearing shall be mailed or delivered to the contractor no later than 10 days after the appeal form is filed.

(3)    Hearing. At the hearing, the Board shall review the record of the underlying determination and hear testimony of the contractor and any other interested party.

(4)    Decision and Notice. At the close of the hearing, the Board shall affirm, modify or reverse the original determination. When a determination is modified or reversed, the Board shall state the specific reasons for modification or reversal. The Board’s decision is final at the time it is issued. The Clerk of the Board of Supervisors shall mail notice of the Board’s decision to the contractor and any other party requesting notice no later than five working days after the date of the decision. [Ord. 5284 § 1, 2018].

2.31.040 Disqualification.

Any contractor declared to be nonresponsible pursuant to the provisions of this chapter shall be disqualified from eligibility for providing goods, labor, materials or services to the County for a period of one year for the first violation and three years for a second, with a right of review and reconsideration by the Board of Supervisors after two years upon a showing of corrective action indicating that those failures constituting the basis for the finding of noncompliance pursuant to this chapter are not likely to reoccur. [Ord. 5284 § 1, 2018].

2.31.050 Rules and regulations.

The County Administrative Officer shall prescribe rules, regulations and procedures relating to the application, administration and interpretation of the provisions of this chapter. The rules, regulations and procedures shall be consistent with the provisions of this chapter and may specify forms to be used. [Ord. 5284 § 1, 2018].