(A) The Controller, after consulting with the City Attorney and providing reasonable notice to the person involved with an opportunity for such person to be heard, is authorized to debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than three years. After consultation with the City Attorney, the Controller is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall be for a period not to exceed three months.
(B) The causes for debarment include:
(1) Conviction for 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 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 which currently, seriously and directly affects responsibility as a city contractor;
(3) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(4) Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing agent to be so serious as to justify debarment action;
(5) Deliberate failure, without good cause, to perform in accordance with the specification or within the time limit provided in the contract;
(6) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;
(7) Any other cause determined to be so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for any cause listed in this code; and
(8) For violation of the ethical standards set forth under applicable federal, state or local laws.
(C) The Controller shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person involved of his or her rights concerning judicial or administrative review. A copy of the decision shall be mailed or delivered in person to the debarred or suspended person. A decision to debar or suspend shall be final and conclusive, unless fraudulent, or the debarred or suspended person within ten days after receipt of the decision takes an appeal to the Board of Public Works and Safety or commences a timely action in court in accordance with applicable law.
(Prior Code, § 41.22)