§ 38.116 AUTHORITY TO DEBAR OR SUSPEND.
   (A)   Authority.
      (1)   Debarment. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Director of Purchasing after consultation with the using agency and the Corporation Counsel, shall have the authority to debar a person for cause from consideration for award of contracts or purchase orders. A debarment shall not be for a period of more than two years.
      (2)   Suspension. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Director of Purchasing, after consultation with the using agency and the Corporation Counsel, shall have the authority to suspend a person from consideration for the awarding of contracts or purchase orders if there is probable cause for the suspension. A suspension shall not be for a period exceeding three months.
   (B)   Causes for debarment or suspension. The causes for debarment or suspension include the following:
      (1)   Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, subcontract or purchase order, or in the performance of the contract, subcontract or purchase order;
      (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 effects 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 or the terms and conditions of a purchase order, as set forth below of a character which is regarded by the Director of Purchasing to be so serious as to justify debarment action or suspension:
         (a)   Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract or purchase order; or
         (b)   A recent record of failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts or purchase orders; provided that the failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be the basis for debarment;
      (5)   Any other cause the Director of Purchasing determines to be so serious and compelling as to effect the responsibility of a city contractor, including debarment by another governmental entity; and
      (6)   For violation of the ethical standards set forth in Chapter 39 of the Code of Ordinances (Ethics in Public Contracting).
   (C)   Decision. The Director of Purchasing shall issue a written decision to debar or suspend. The decision shall:
      (1)   State the reasons for the action taken; and
      (2)   Inform the debarred or suspended person involved of any rights to judicial review as may be allowed under state law.
   (D)   Notice of decision. A copy of the decision under division (C) of this section shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening.
   (E)   Finality of decision. A decision under division (C) of this section shall be final and conclusive, unless fraudulent.
(Ord. passed 6-20-2005)