§ 124.02 CAUSES FOR DISQUALIFICATION.
   (A)   Causes for disqualification from bidding on, applying for or participating in contracts shall include the following:
      (1)   Conviction or entry of a plea of guilty or nolo contendere for or admission to the commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
      (2)   Conviction or entry of a plea of guilty or nolo contendere or admission to the violation of any state or federal law for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a municipal contractor;
      (3)   Conviction or entry of a plea of guilty or nolo contendere or admission to a violation of state or federal antitrust, collusion or conspiracy law arising out of the submission of bids or proposals on a public or private contract or subcontract;
      (4)   A willful failure to perform in accordance with the terms of one or more public contracts, agreements or transactions;
      (5)   A history of failure to perform in accordance with the terms of one or more public contracts, agreements or transactions; or
      (6)   A willful violation of a statutory or regulatory provision or requirement applicable to a public contract, agreement or transaction.
   (B)   For purposes of a disqualification proceeding under this chapter, conduct may be imputed as follows:
      (1)   The fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor and the contractor knew of or had reason to know of such conduct. The term "other seriously improper conduct" does not include advice from an attorney, accountant or other paid consultant if it was reasonable for the contractor to rely on such advice.
      (2)   The fraudulent, criminal or other seriously improper conduct of a contractor may be imputed to any officer, director, shareholder, partner, employee or other individual associated with the contractor who participated in, knew of or had reason to know of the contractor's conduct.
      (3)   The fraudulent, criminal or other seriously improper conduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for or on behalf of the joint venture or similar arrangement and these contractors knew of or had reason to know of such conduct.
(Ord. 517, passed 4-4-05)