§ 3-3-91. Authority to debar or suspend.

After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the purchasing agent is authorized 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 purchasing agent is authorized to suspend a person from consideration for award of contracts if there is probably cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall not be for a period of more than three months. The causes for debarment include:

(a)

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;

(b)

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 or business honesty which currently, seriously and directly affects responsibility as a city contractor;

(c)

Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

(d)

Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing agent to be so serious as to justify debarment action:

(1)

Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

(2)

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; or

(e)

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 cause in this chapter, and for violation of the ethical standards set forth in this chapter. (Ord. No. 2757, 1/22/83, Sec. 1)