Chapter 7.12
ETHICS IN CONTRACTING
Sections:
7.12.020 Authority to disqualify or suspend contractors.
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)