[Code 1991, § 2-371]
After reasonable notice to the person involved and reasonable
opportunity for that person to be heard, the City Council or its designee
after consulting with the City Attorney 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. After consultation
with the City Attorney, the City Council or its designee 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. The causes for debarment include but are not
limited to:
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 and directly
affects responsibility as a contractor.
C.
Conviction under state or federal antitrust statutes arising out
of the submission of bids or proposals.
D.
Violation of contract provisions, as follows, of a character which
is regarded by the City Council or its designee 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.
E.
Any other cause the City Council or its designee 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 article, and for violation of the ethical standards set forth
in this article.
[Code 1991, § 2-372]
The City Council or its designee shall issue a written decision
to debar or suspend. The decision shall state the reasons for the
action taken and inform the debarred or suspended person of his rights
concerning judicial or administrative review.
[Code 1991, § 2-373]
A copy of the decision required in § 2-412 shall be mailed or otherwise furnished immediately to the debarred or suspended person.
[Code 1991, § 2-374]
A decision under § 2-412 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.
