§ 1-21-9 — DEBARMENT

1-21-9: - DEBARMENT

(A) The City Manager may debar a Person from receiving an award or participating in City Procurements for a period of time not to exceed three (3) years. (B) Grounds for debarment include but are not limited to the following: (1) Conviction for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. (2) Conviction under any statute, code, ordinance or regulation of the federal government, the State of Arizona, the City or any other state or Municipality for embezzlement, theft, fraudulent schemes and artifices, fraudulent schemes and practices, bid rigging, perjury, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a City contractor. (3) Conviction or civil judgment finding a violation under state or federal antitrust statutes, state or federal immigration statutes, procurement violations, or breach of contract. (4) Violations of contract provisions of a character which are deemed to be so serious as to justify debarment action, such as, but not limited to: (a) Knowingly fails to perform in accordance with the specifications or within the time limits provided in the contract without good cause. (b) Failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts, except 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. (5) Any other cause deemed to affect responsibility as a City contractor, including debarment by another Governmental Agency for any cause listed herein. (C) Persons being debarred shall receive proper notice and shall have the right to protest the decision. (D) The City Manager may allow a Debarred Person to participate in City contracts on a limited basis if it is determined that participation is advantageous to the City. (E) The City Manager may reinstate a Debarred Person if the cause upon which the Debarment is based no longer exists and that it is not likely to recur.

(Ord. No. 5775, § 1, 4-3-23)