§ 36-56  Authority to Debar or Suspend.
   (A)   Council retains authority; length of debarment or suspension.  After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the City Council, after a report being submitted by the Purchasing Agent after consultation with the using department and the City Attorney, shall have authority to debar a person for cause from consideration for award of contracts.  The debarment shall not be for a period of more than three years.  The Council shall under the same terms have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment.  The 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 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 so 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 Purchasing Agent determines to be so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for any of the causes listed in this section.
      (6)   For violation of the ethical standards set forth in this chapter.
   (C)   Decision.  The Purchasing Agent shall forward in writing notice of any decision of the Council to debar or suspend.  The notice shall:
      (1)   State the reasons for the action taken; and
      (2)   Inform the debarred or suspended firm involved of right to judicial review as provided in this chapter.
   (D)   Notice of decision.  A copy of the decision under 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 this section shall be final and conclusive, unless fraudulent, or unless the debarred or suspended person commences an action in court.
('80 Code, § 12-72)  (Ord. 2018, passed 6-17-81)