(A) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to such party to be heard, the City Manager, after consultation with the City Attorney, shall have the authority to debar a person or entity for the causes listed below from consideration for award of city contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a contractor from consideration for award of city contracts, if there is probable cause for debarment pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations that shall be issued by the City Manager.
(B) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or incident to the performance of such contract or subcontract;
(2) Conviction under state or federal statutes of 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;
(3) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(4) Violation of city’s contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non-responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a city contract or to perform within the time limits provided in the city contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension;
(5) Debarment or suspension of the person or entity by any federal, state, or other governmental entity;
(6) False certification pursuant to division (C) below; and/or
(7) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the person or entity performing city contracts.
(C) Debarment and suspension decisions. Subject to the provisions of division (A) above, the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the contractual party.
(Ord. 1409, passed 6-19-02; Am. Ord. 1684, passed 3-16-11)