Debarment may be imposed on a person by the city manager, or a hearing examiner on appeal, in accordance with the procedures established by this article on any of the following grounds:
A. Commission by the person of any act of:
1. Fraud, bribery, collusion, or conspiracy;
2. Bid rigging, price fixing, or any other act in violation of any federal, state, or local law in connection with the bidding upon, award or performance of any contract; or
3. Embezzlement, theft, forgery, falsification or fabrication of records, or perjury.
B. Submission by the person of a bid, proposal, or other document pertaining to or required by a city contract, or pertaining to or required by any provision of this code, that is known by the person to be false or contain false information.
C. The person knowingly doing business with a debarred third person in performance of any city contract awarded after debarment of the third person.
D. More than one occurrence of substandard performance by the person on any city contract, including: (1) a material breach of the contract; (2) a failure to complete work required under the contract on time or within budget when the failure is attributable to the person's negligent or wrongful actions or inactions; (3) substandard quality of work; or (4) any negligent or wrongful failure to cooperate with the city such that timely, satisfactory completion of the work was jeopardized. The occurrences of substandard performance described herein may occur on the same contract or on different contracts.
E. One or more serious violation by the person, during the performance of any city contract, of any labor or safety statutes, regulations, or standards, including applicable local, state, or federal statutes, regulations, or standards governing prevailing wage, occupational safety and health, and nondiscrimination requirements.
F. One or more serious violation by the person of any law or regulation governing the handling, transfer, storage, or disposal of hazardous materials or hazardous waste.
G. One or more serious violation by the person of any law or regulation governing the handling, transfer, storage, or disposal of solid waste generated in connection with construction or demolition.
H. A violation by the person of any law or regulation governing conflict of interest.
I. The issuance to the person, within a two-year period, of three final administrative penalty orders for violating any section of chapter 12.20. Multiple administrative penalty orders issued for continuing violations occurring on the same calendar day is considered one administrative penalty order for purposes of this section. (Ord. 2024-0010 § 4)