Chowchilla Municipal Code Art. VI Debarment or Suspension of Bidders

After reasonable notice to the person or firm involved, and reasonable opportunity for that person or firm to be heard, upon written recommendation by the city administrator, or designee, the city council may debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than three years. The city council may suspend a person or firm from consideration for award of contracts if there is probable cause to believe that the person or firm has engaged in any activity that might lead to debarment. The suspension shall be for a period not to exceed three months. The causes for debarment include:

A. Conviction of a Criminal Offense. 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 of a Crime Affecting Responsibility. 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 or supplier;

C. Conviction of Violation of Anti-Trust Statutes. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

D. Serious Violation of Contract Provisions. Violation of contract provisions, as set forth below, of a character which is regarded by the city council to be so serious as to justify debarment action:

1. Failure to Perform. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

2. Recent Record of Poor Performance. 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 or supplier shall not be considered to be a basis for debarment;

3. Other Causes. Any other cause the city council determines to be so serious and compelling as to affect responsibility as a city contractor or supplier, including debarment by another governmental entity for any cause listed in this chapter; and

4. Violation of Ethical Standards. For violation of the ethical standards set forth in Article VIII (Ethics in Public Contracting) of this chapter.

(Ord. 414-00 § 1 (part), 2000)

The city council 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 involved of its rights concerning judicial or administrative review.

(Ord. 414-00 § 1 (part), 2000)

A copy of the decision required by Section 4.04.330 (Decision to debar or suspend) shall be mailed or otherwise furnished immediately to the debarred or suspended person or firm.

(Ord. 414-00 § 1 (part), 2000)

A decision under Section 4.04.330 (Decision to debar or suspend) shall be final and conclusive, unless the debarred or suspended person or firm within ten 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.

(Ord. 414-00 § 1 (part), 2000)