Chapter 2 ADMINISTRATION*
Section 2-474 Debarment.
(a) The purchasing agent is authorized
to debar a person from consideration for award of
contracts for any of the following reasons:
(1) Conviction 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
lack of integrity or honesty which currently, seriously and directly affects responsibility as a city
contractor or vendor.
(3) Conviction under state or federal
antitrust statutes arising out of the submission of bids or
(4) Deliberate failure without good cause
to perform in accordance with contract
specifications or within the time limit provided in the contract.
(5) A recent record of failure to perform
or of unsatisfactory performance in accordance with
the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory
performance caused by acts beyond the control of the contractor or vendor shall not be
considered a basis for debarment.
(6) The person is in arrears on any debt
owed the city or has a history of being chronically in
arrears on debts owed the city.
(7) Any other cause so serious and compelling
as to affect responsibility as a city contractor
or vendor, including debarment by another governmental entity for any cause listed in this
(b) The length of debarment shall not
exceed three (3) years.
(c) The purchasing agent shall initiate
a debarment by serving written notice of the
debarment to the person the purchasing agent intends to debar. The notice shall set forth the
specific grounds for the debarment and advise the person of the right to appeal. The notice shall
be served by registered or certified mail or by delivering a copy of the notice to the person
subject to debarment or the persons agent or employee. The debarment shall take effect ten
days after service of the notice unless an appeal is taken to the director of finance. If an appeal
taken, the debarment shall not take effect until a final order upholding the debarment is entered
by the director or until the appeal is dismissed by the appellant.
(d) Within ten (10) days after service
of a written notice of debarment, the person affected
by the notice may file a written request for a hearing before the director of finance contesting
(e) The director of finance shall set
the matter for hearing on the record within thirty (30)
days of the receipt of a request for a hearing. At least ten (10) days notice of the hearing shall
given to the affected person and to the purchasing agent.
(f) At the hearing, each party shall
have the right to call and examine witnesses, introduce
exhibits, cross-examine opposing witnesses and impeach any witness. Oral evidence shall be
taken on oath or affirmation. All evidence shall be suitably recorded and preserved. The
technical rules of evidence shall not apply, but the director may exclude evidence which is
irrelevant or repetitious. Each party shall be entitled to present oral arguments or written briefs
at or after the hearing.
(g) Within ten (10) working days of receipt
of the transcript of the hearing, the director of
finance shall make written findings of fact and conclusions of law and issue a final order.
Findings of fact shall be based upon competent and substantial evidence found in the record as a
whole. A copy of the directors order, findings of fact and conclusions of law, shall be
or mailed to the purchasing agent and to the affected person.
(h) An appeal from the directors
order shall be to the circuit court pursuant to chapter 536,
(i) Nothing in this section shall
limit the authority of the purchasing agent to accept the bid
which in the judgment of the purchasing agent is the lowest and best bid, or to reject any or all
bids or to reject a bid on grounds which could have been used to debar the bidder.
(Ord. No. 13511, § 1, 11-16-92;
Ord. No. 018178. § 2, 7-19-04
(Ord. 018178, Amended, 07/19/2004, Prior Text)