§ 39.41 AUTHORITY TO DEBAR OR SUSPEND.
   (A)   Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Chief Procurement Officer, after consulting with the City Manager and City Attorney, may recommend that the City Manager 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 Manager and City Attorney, the Chief Procurement Officer may recommend that the City Manager 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 six months.
   (B)   Causes for debarment or suspension. 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 the contract or subcontract.
      (2)   Conviction, under state or federal statutes, 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 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 regarded by the Chief Procurement Officer as so serious as to justify debarment action:
         (a)   Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
         (b)   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.
      (5)   Any other cause the Chief Procurement Officer determines to be serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for any cause listed in this chapter.
      (6)   Violation of the ethical standards as set forth in §§ 39.50 through 39.56 of this chapter.
   (C)   Decision. Upon direction of the City Manager, the Chief Procurement Officer 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 its rights concerning judicial or administrative review.
   (D)   Notice of decision. A copy of the decision required by subsection (C) of this section shall be sent certified mail or otherwise furnished immediately to the debarred or suspended person.
   (E)   Finality of decision. A decision under subsection (C) of this section shall be final and conclusive, unless fraudulent, or  the debarred or suspended person files a written appeal with the City Manager within ten days after receipt of the decision, or commences a timely action in court in accordance with applicable law.
('76 Code, § 3-8-6) (Ord. 903, passed 7-23-92; Am. Ord. 2008-012, passed  6-12-08; Am. Ord. 2016-008, passed 12-8-16)