§ 3-4-18 Debarment and suspension of contractors.
(A) All contracts for services involving minors shall require background checks for all employees, or that contractor shall be placed on a suspension list until such time as all employees successfully meet this requirement. If there are reasonable grounds for debarment the rules of the Procurement Manager may provide for the suspension of any person. A debarment shall not exceed three years.
(B) The causes for debarment or suspension include the following:
(1) Conviction of any person or any subsidiary or affiliate of any person 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 of any person or any subsidiary or affiliate of any person under any statute of the federal, state, or local government 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 by any person or any subsidiary or affiliate of any person under state or federal antitrust statutes.
(4) Violations of city contract provisions of a character which are deemed to be so serious as to justify debarment action.
(5) Any other cause deemed to affect responsibility as a city contractor, including suspension or debarment of such person or any subsidiary or affiliate of such person by another governmental entity for any cause listed in rules of the Procurement Manager.
(C) A written determination to debar or suspend shall be issued pursuant to the rules of the Procurement Manager which shall:
(1) State the reasons for the action taken.
(2) Inform any debarred or suspended person involved of the right to administrative review as provided in this article.
(D) A copy of the decision under division (C) of this section shall be mailed or otherwise furnished to any debarred or suspended person and to any intervening party, and a copy retained in the records of the City Clerk. (Ord. 08-1137, passed 9-22-2008)
Statutory reference: A.R.S. § 41-2613 with changes