A. Grounds. The purchasing officer may disqualify a person or entity from selling or renting supplies, goods or services to the city, if it is determined that any of the following circumstances apply:
1. The person has committed fraud or intentional misrepresentation in procuring or performing a contract with the city, or in application for payment from the city, within the last ten years;
2. The person has materially breached or failed to perform a contract with the city (whether or not the contract was terminated) within the last three years;
3. The person was convicted of, or pled guilty to, a criminal offense committed in the course of obtaining or performing a public contract within the last ten years.
B. Notice.
1. The purchasing officer shall send written notice of any proposed disqualification, including the grounds and the proposed period of disqualification, to the person, by certified mail at the address contained in the bid or proposal.
2. The notice shall advise the person of their right to request a hearing on the matter before the purchasing officer.
3. If the person serves a written request to the purchasing officer not more than the lesser of (a) ten days after the date on which the individual received notice, or (b) thirty days after the notice was sent by certified mail, the purchasing officer shall conduct a hearing.
4. Hearings shall be as informal as may be reasonable and appropriate under the circumstances.
5. At the hearing, the person or entity shall have the opportunity to present evidence concerning the reasons for disqualification.
6. If the purchasing officer determines after hearing that disqualification is justified under this section, the purchasing officer shall disqualify the person or entity.
C. Application. A disqualification pursuant to this section shall apply to any disqualified person, and to all businesses or other entities in which the disqualified person holds a substantial interest or serves in a management or sales position.
(Ord. 1397.03.08 § 2 (part), 2007)