Loading...
Contract claims may be resolved utilizing arbitration if the director determines the use of arbitration is in the best interest of the city. The claim shall be settled by arbitration in accordance with the current construction industry arbitration rules of the American Arbitration Association or, at the option of the city, in accordance with the provisions of the Arizona Revised Statutes, Article I, Chapter 9, Title 12.
(Ord. No. 10404, § 1, 5-15-07)
The causes for debarment or suspension shall be limited to the following:
Sec. 28-100(1). Conviction of any person or any affiliate of any person for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.
Sec. 28-100(2). Conviction of any person or any affiliate of any person under any statute of the federal government, this state or any other state for embezzlement, theft, fraudulent schemes and artifices, fraudulent schemes and practices, bid rigging, perjury, forgery, bribery, falsification or destruction of records, or 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 and which conviction arises out of or obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.
Sec. 28-100(3). Conviction or civil judgment finding a violation by any person or affiliate of any person under state or federal antitrust statutes arising out of the response to a solicitation.
Sec. 28-100(4). Violations of contract provisions within three (3) years of current debarment action, as set forth below, of a character which are reasonably deemed to be so serious as to justify debarment action:
(a) Abandonment of a contract without good cause; or
(b) Knowingly fails without good cause to perform in accordance with the specifications or within the time limit provided in the contract;
(c) Failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts, except 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; or
(d) Failure to pay a contractor, subcontractor or material provider as required by A.R.S. section 32-1129.
Sec. 28-100(5). A determination by the Arizona Registrar of Contractors that the contractor has violated the provisions of A.R.S. section 32-1129 or a finding of responsibility by the municipal court for a violation of Tucson Code section 11-38.
Sec. 28-100(6). Any other cause that the director reasonably determines to be so serious and compelling as to affect responsibility as a city contractor, including suspension or debarment of such person or any affiliate of such person by another governmental entity for any cause listed in this section.
Sec. 28-100(7). Non-compliance with Article XVI of the Procurement Code as set forth in provided in section 28-167(B).
(Ord. No. 10404, § 1, 5-15-07; Ord. No. 12066, § 2, 1-9-24)
Any conviction or judgment dated more than three (3) years prior to the notice of suspension or notice of debarment shall not be a basis for any debarment or suspension of a person or an affiliate of a person.
(Ord. No. 10404, § 1, 5-15-07)
Upon receipt of information concerning a possible cause for debarment, the director may investigate the possible cause. If the director has a reasonable basis to believe that a cause for debarment exists, the director may debar a person in accordance with this chapter.
(Ord. No. 10404, § 1, 5-15-07)
Sec. 28-103(1). The period of time for a debarment shall not exceed three (3) years from the date of the debarment determination.
Sec. 28-103(2). If debarment is based solely upon debarment by another governmental agency, the period of debarment may run concurrently with the period established by that other debarring agency.
(Ord. No. 10404, § 1, 5-15-07)
If the director implements debarment, the director shall notify the person in writing within seven (7) days of the debarment action by certified mail, return receipt requested or by any other method that provides evidence of receipt. The person may submit a request to the director for an administrative hearing within fourteen (14) days of issuance of the director's debarment action. If a hearing is granted, it shall be conducted in accordance with this article.
(Ord. No. 10404, § 1, 5-15-07)
Loading...