Title 7 PURCHASING AND TAXATION
Chapter 7.12 ETHICS IN CONTRACTING
7.12.010 Collusive bidding.
7.12.020 Authority to disqualify or suspend contractors.
7.12.030 Ethics of City officers and employees--Violations of competitive bidding regulations declared misdemeanor.
7.12.010 Collusive bidding.
A. Notification. When collusion is suspected among any bidders or
offerors, the City Administrator shall transmit a written notice of such
suspicion to Corporation Counsel.
B. Retention of Documents. All documents
involved in any procurement in which collusion is suspected shall be made
available to Corporation Counsel upon request. All documents shall be retained
until Corporation Counsel approves their destruction.
C. Amount of Liability
for Damages. A person who enters into a contract with the City after engaging in
collusion with another person for the purpose of defrauding the City shall be
liable for damages equal to 3 times the value of the loss to the City which is
attributable to the collusion. (Prior code § 9A-23)
7.12.020 Authority to disqualify or suspend contractors.
A. After reasonable notice to the person involved and reasonable
opportunity for that person to be heard, the City Administrator, after
consulting with Corporation Counsel, is authorized to disqualify a person for
cause from consideration for award of contracts. The disqualification shall be
for a period of not more than 3 years. After consultation with Corporation
Counsel, the City Administrator 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 disqualification. The
suspension shall be for a period not exceeding 3 months.
B. The causes for
disqualification include:
1. 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;
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 a lack of business integrity or
business honesty which currently, seriously and directly affects responsibility
as a City contractor;
3. Conviction under State or Federal antitrust
statutes arising out of submission of bids or proposals;
4. Violation of
contract provisions, as set forth below, of a character which is regarded to be
so serious as to justify disqualification action:
a. Deliberate failure
without good cause to perform in accordance with the specifications or within
the time limit provided in the contract;
b. 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;
5. Any other cause determined to be so serious and
compelling as to affect responsibility as a City contractor, including
disqualification by another governmental entity for any cause listed in this
division.
6. Violation of Chapter 3.04, Ethics. (Prior code §
9A-24)
7.12.030 Ethics of City officers and employees--Violations of competitive bidding regulations declared misdemeanor.
A. The provisions of Chapter 3.04, Ethics, shall be applicable to this
chapter.
B. In addition to the provisions of Chapter 3.04, no contract shall
be let or awarded in which any official or employee of the City is financially
interested and through which the official or employee may individually profit
financially, nor shall any official or employee of the City, in any capacity
whatsoever, represent any person where such representation involves an
appearance before the City Council or before any department of the City. Any
contract in violation of the provisions of this subsection shall be void, and
any person responsible for the making of a contract in willful violation of the
provisions of this subsection shall be guilty of a misdemeanor. (Prior code
§ 9A-25)
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