5-Litigation History.docx

LITIGATION HISTORY

LITIGATION HISTORY FORM

A. Vendor is required to disclose to the County all “material” cases during the last three (3) years prior to the solicitation response end date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization.

B. Additionally, the Vendor is required to disclose to the County all “material” cases against any principal of Vendor, regardless of whether the principal was associated with Vendor at the time of the “material” cases against the principal, during the last three (3) years prior to the solicitation response.

C. A “case” means any filed, pending, or resolved litigation, arbitration, or administrative proceeding.

D. A case is considered “material” if it relates, in whole or in part, to any of the following:

1. A similar type of work that the Vendor is seeking to perform for the County under the current solicitation;

2. An allegation of fraud, negligence, error or omissions, or malpractice against the Vendor or any of its principals or agents who would be performing work under the current solicitation;

3. A vendor’s default, termination, suspension, failure to perform, or improper performance in connection with any contract;

4. The financial condition of the Vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or

5. A criminal proceeding or hearing concerning business-related offenses in which the Vendor or its principals (including officers) were/are defendants.

E. For each material case, the Vendor is required to provide all information identified in the Litigation History Form. Additionally, the Vendor shall provide a copy of any judgment or settlement of any material case during the last three (3) years prior to the solicitation response. Redactions of any confidential portions of the settlement agreement are only permitted upon a certification by the Vendor that all redactions are required under the express terms of a pre-existing confidentiality agreement or provision.

F. The County will consider the Vendor’s litigation history information in its review and determination of responsibility.

G. If the Vendor is a joint venture, the information provided must encompass the joint venture and each of the entities forming the joint venture.

H. Vendor is required to disclose to the County any and all cases(s) that exist between the County and any of the Vendor’s subcontractors/subconsultants proposed to work on this project during the last five (5) years prior to the solicitation response.

I. Failure to disclose any material case, including all requested information in connection with each such case, as well as failure to disclose the Vendor’s subcontractors/subconsultants litigation history against the County, may result in the Vendor being deemed nonresponsive.

Form Date 9/9/24

The completed form(s) should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.

☐ There are no material cases for this Vendor; or

☐ Material Case(s) are disclosed below:

Is this for a: (check type)

If Yes: Name of Parent Subsidiary/Predecessor: Click or tap here to enter text.

Vendor is Plaintiff ☐ Vendor is Defendant ☐

Case Number: Click or tap here to enter text.

Case Name: Click or tap here to enter text.

Date Filed: Click or tap here to enter text.

Name of Court or other Tribunal: Click or tap here to enter text.

Type of Case: Bankruptcy ☐ Civil ☐ Criminal ☐ Administrative/Regulatory ☐

Claim or Cause of Action and Brief description of each Count: Click or tap here to enter text.

Brief Description of the Subject Matter and Project Involved: Click or tap here to enter text.

Disposition of Case: Pending ☐ Settled ☐ Dismissed ☐

Judgment: Vendor’s Favor ☐ Against Vendor ☐

If Judgment is against, is Judgment Satisfied? Yes: ☐ No: ☐

Attach copy of any applicable Judgment, Settlement Agreement, and Satisfaction of Judgement.

Opposing Counsel Name: Click or tap here to enter text.

Opposing Counsel email: Click or tap here to enter text.

Opposing Counsel Phone: Click or tap here to enter text.

Vendor Name: Click or tap here to enter text.