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ORDINANCE NO. NS-1704 <br />PAGE TWO <br /> <br /> (c) In determining whether a person should be <br />disqualified and, if so, the duration of the disqualifi- <br />cation, the hearing officer and the city council shall <br />consider the following: <br /> <br /> (1) Whether any violation of the contract <br />did in fact occur. <br /> <br /> (2) Whether the violation caused any sig- <br />nificant detriment to the city or to the public <br />interest in terms of additional expense, delay in <br />completion of the work, or noncompliance with <br />public policy obligations. <br /> <br /> (3) Whether the acts or omissions that <br />constituted or resulted in the violation were <br />marked by willful or reckless disregard for the <br />duty to comply with the contract. <br /> <br /> (d) No person disqualified under this section, <br />and no person who lists any~person disqualified as a <br />subcontractor on any bid, shall be considered the best <br />bidder on any contract for public works construction to be <br />awarded by the city within the period of the dis- <br />qualification. <br /> <br /> SECTION 2: If any section, subsection, sentence, <br />clause, phrase or portion of this ordinance is for any <br />reason held to be invalid or unconstitutional by the <br />decision'of any court of competent jurisdiction, such <br />decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of <br />Santa Ana hereby declares that it would have adopted this <br />ordinance and each section, subsection, sentence, clause, <br />phrase or portion.thereof, irrespective of the fact that any <br />one or more sections, subsections, sentences, clauses, <br />phrases, or portigns be declared invalid or unconstitu- <br />tional. <br /> <br /> <br />