(A) Grounds. The City Manager or his or her designee may disqualify any bidder from consideration of award of bid for materials, supplies or services for up to 24 months, based on the following factors:
(1) As to bidders and their principal employees, conviction of a criminal offense arising out of or obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
(2) As to bidders and their principal employees, conviction of any federal or state statute for murder, rape, robbery, assault, theft, embezzlement, fraudulent schemes, artifices and practices, bid rigging, perjury, forgery, gambling, bribery, falsification or destruction of records, receiving stolen property, terrorist acts, or any other offenses indicating lack of business integrity, credibility or honesty that affects the responsible criteria to qualify as a city contractor;
(3) As to bidders and their principal employees, a conviction or civil judgment relating to a violation of state or antitrust statutes;
(4) Failure to pass any clearance or applicable background investigation in bids involving sensitive materials or tasks involving public safety;
(5) Failure to pay any transaction privilege or use taxes resulting from income received on public contracts; and
(6) Violation of contract provisions of a character deemed to be so serious as to justify disqualification, such as:
(a) Knowingly failing, without good cause, to perform in accordance with the specifications or within the time limits provided in the contract; and
(b) Failure to perform or unsatisfactorily perform in accordance with the terms of the contract, except that failure to perform or unsatisfactorily perform caused by acts beyond the contract of the contractor shall not be considered a basis.
(B) The City Manager or his or her designee shall send written notice of the proposed disqualification, including the grounds and period of proposed disqualification, to the disqualified party by first class U.S. certified mail to the address on the bid. The party shall have a right to a hearing before the City Manager or his or her designee, if an appeal is filed within 5 city working days after the notice is sent. The City Manager or his or her designee shall provide notice of the hearing date and time to the disqualified party within 5 city working days. The party shall have the opportunity to present evidence rebutting the reasons for disqualification. The City Manager or his or her designee shall decide the matter within 5 city working days of the hearing, and shall notify the disqualified party within an additional, 5-city-working-day period. The decision shall be final, subject only to judicial appeal pursuant to applicable law.
(Ord. 1462, passed 9-18-2018)