After reasonable notice to the person involved and reasonable opportunity
for that person to be heard, the City Council, after consulting with the City
Attorney, may debar a person for cause from consideration for award of contracts.
The debarment shall not be for a period of more than three years. After consultation
with the City Attorney, the City Manager is authorized to 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 not be for a period exceeding three months and shall
be subject to appeal to City Council. 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 and 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.
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 City Council 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 the failure to perform or unsatisfactory performance caused by its acts
beyond the control of the contractor shall not be considered to be a basis
for debarment.
E.
Any other cause the Council reasonably 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
or for violation of the ethical standards provided by general law.
There shall be issued 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 his rights concerning judicial or administrative review.
A copy of the decision required by § 63-34 shall be mailed or otherwise furnished immediately to the debarred or suspended person.
A decision under § 63-34 shall be final and conclusive unless the debarred or suspended person, within 10 days after receipt of the decision, takes an appeal to the City Council or commences a timely action in court in accordance with applicable law.
[Amended 9-12-2006 by Ord. No. 06-24]
The Purchasing Agent shall publish a procurement policy which is consistent
with the laws of the Commonwealth, subject to approval by City Council.
