Section 2-474 Debarment.
Prior to the adoption of Ord. 018178 on 07/19/2004, Section 2-474 read as follows.
(a) The head of the purchasing division 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) 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 head of the purchasing division shall initiate a
debarment by serving written notice of
the debarment to the person he intends to debar. The notice shall set forth the specific grounds
for the debarment and advise the person of his 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 his agent or employee. The debarment shall take effect ten (10) days after service
of the notice unless an appeal is taken to the director of finance. If such an appeal is 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 the
(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 be given
to the affected person and to the head of the purchasing division.
(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 only on oath or affirmation. All evidence shall be suitably recorded and preserved. The
technical rules of evidence shall not apply, except the director may exclude evidence which is
irrelevant or repetitious. Each party shall be entitled to present oral arguments or written briefs
or after the hearing.
(g) Within ten (10) working days 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 director's
order, his findings of fact and conclusions of law, shall be delivered or mailed to the head of the
purchasing division and to the affected person.
(h) An appeal from the director's order shall be to the circuit
court pursuant to chapter 536,
(i) Nothing in this section shall limit the authority of
the head of the purchasing division to
accept the bid which in his judgment 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)