(A) a corporation in which the persons described in this Section (other than paragraphs (b) (2) and (d) of this Section) hold more than 35% of the combined voting rights; E. Ongoing litigation between the person and the city that could affect the parties` ability to work collaboratively with each other. Q. Any other reason established by the Hearing Officer that would affect the person`s ability to perform a public contract or part thereof. One. Before a person is disqualified under this Chapter, the Hearing Officer shall send written notice of the proposed disqualification by mail or personally deliver it to the person to be disqualified, hereinafter referred to as the “defendant”. This notice should contain: (g) examples. The following examples illustrate the principles in this section. The conclusion that a person is a disqualified person in the following examples does not mean that an excess return transaction has taken place.
If a person is a disqualified person, the rules of section 4958(c) and section 53.4958-4 apply to determine whether an excess benefit transaction has occurred. The examples are as follows: I. Knowingly transactions with a disqualified third party in the performance of a public contract awarded after the exclusion of that third party. One. The City Manager shall keep a list of all persons currently disqualified by the City in accordance with this chapter and the effective dates of such disqualification. Such a list shall not include a person who has been disqualified by another local authority or the federal government of the state, unless the person has been disqualified by the city in accordance with this chapter. This list must be submitted to the City Clerk, who will make it available to the public for inspection and copy during normal business hours and in accordance with the California Public Records Act. v) any preferential treatment received by a person based on the amount of his or her contribution is also available to all other donors who make a comparable contribution as part of a call to receive a significant number of contributions. (2) Presidents, Chief Executive Officers or Chief Operating Officers. This category includes any person who, regardless of title, has ultimate responsibility for the implementation of the decisions of the management body or for supervising the administration, administration or functioning of the organisation. A person acting as President, Chief Executive Officer or Chief Operating Officer assumes this ultimate responsibility, unless proven otherwise.
If this ultimate responsibility falls to two or more persons (p.B co-chairs) who can exercise this responsibility jointly or individually, each individual is able to exercise material influence over the affairs of the organization. 1. That person has been convicted of an act or omission described in section 2.74.050 of this chapter on a criminal charge, whether or not it is registered by judgment or plea, including a non-appeal objection; (d) persons who are presumed to have no material influence. A person is deemed incapable of exercising significant influence over the affairs of an applicable tax-exempt organization if that person is described in one of the following categories: 5. Whether the person has thoroughly investigated the circumstances of such acts or omissions and has promptly provided the City with the outcome of the investigation; Section 3 of the Indian Majority Act, 1875 states that any person residing in India and who is 18 years of age, but for the person or property or both minors, a guardian has been appointed by the court, he is considered to be of legal age when he reaches the age of 21. 2. A failure to complete the Work in a timely manner or within the limits of the contract price if such failure is due to negligent or unlawful acts or omissions of that person or that person`s subcontractors or suppliers; (iv) the person has or shares the authority to control or determine a substantial portion of the capital expenditures, operating budget or compensation of employees of the organization; Whenever a notice under this Chapter is required, it shall come into force on the date on which the notice is either delivered in person or filed in the United States Postal Service, which is prepaid and addressed to the last known address of the person to be notified. C. The disqualification of a person applies to any business entity, whether or not it existed at the time of the disqualification, for which the disqualified person acts as principal during the period of disqualification.
One. The City may not extend or extend the term of one or more contracts with a person who is disqualified under this chapter or who uses the services of a supplier, subcontractor, insurer or guarantor who is disqualified under this chapter, unless the City Manager determines that such renewal or expansion is in the best interest of the City. E. Hearing Officer: The term “hearing officer” means the person appointed by the Municipal Administrator to conduct the exclusion procedures described in section 2.74.090 of this chapter. A person who uses or lists a disqualified subcontractor, supplier, insurer or guarantor without actual or constructive knowledge of such disqualification may replace the disqualified subcontractor, supplier, insurer or guarantor in accordance with the law of the State or, where applicable, the provisions of the amendments to the contract. 2. A civil judgment has been rendered against that person for an act or omission described in section 2.74.050 of this chapter; B. An act or omission described in section 2.74.050 of this chapter may be attributed to a person who is the subject of a proposed disqualification if such an act or omission is committed for or on his behalf and the person had real or constructive knowledge of such an act or omission. 3.
whether the person had adequate and effective standards of conduct and internal control systems at the time of such acts or omissions; In the performance of a contract of the city, no person with real or constructive knowledge may use the services of a person who is currently disqualified under this chapter. No person with real or constructive knowledge may use or list in an offer or contract proposal of the city any subcontractors, suppliers, insurers or guarantors who are currently disqualified under this chapter. Violation of this section may result in the rejection of the bid or proposal, non-payment by the City for the work performed by that person, cancellation of the award or termination of a contract award, issuance of a work stoppage order, exclusion from the submission of future bids or proposals for municipal contracts, or other remedies provided by law. F. Person: The term “Person” means any person, individual, group, association, corporation, partnership, partnership, joint venture, sole proprietorship or other entity. 1. A person controls or has the power to directly or indirectly control or influence the other person`s decision-making; B. The disqualification of a person applies to any existing affiliate of the person whose affiliate is explicitly named and informed of the proposed disqualification and the opportunity to comment. Disqualification also applies to all legal successors or affiliates of the disqualified person trained during or after the disqualification process. The period of disqualification shall be proportionate to the seriousness of the person`s acts of cessation and abstention, as determined by the Hearing Officer. A person is considered to be clear-minded if he is able to understand the contract and the effects of that contract on his interests.
In addition, those who are generally sane, but sometimes unhealthy, cannot enter into a contract if they are unhealthy. Similarly, a person who is usually of an unhealthy mind, but sometimes of a healthy mind, can enter into a contract if he is common sense. Persons who are legally excluded from entering into a contract are listed below: Family members of the disqualified person and companies controlled by the disqualified person are also disqualified persons. For this purpose, control is defined as the possession of more than 35% of the voting rights of a corporation, more than 35% of the profit and loss in a partnership, or more than 35% of the economic interest in a trust. B. Any other information or documentation deemed necessary to determine whether the person has the right to submit a municipal contract offer or proposal. (iii) The remuneration of the Person shall be based primarily on income derived from the activities of the Organization or from a particular department or function of the Organization that controls the Person; A contract is essentially an agreement, that is, a legally enforceable agreement. To be enforceable, the agreement must meet the requirements of section 10 of the Indian Contract Act 1872. Section 10 of the Act states that all agreements are contracts when entered into H. Principal: The term “Principal” means any officer, director, owner, partner, venturer, shareholder, responsible officer, officer or person with primary management or supervisory functions, including any person who has significant influence or control over the performance of a contract. .
