3.21.370 Causes.
A. The causes for debarment or suspension 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 the contract or subcontract;
2. Prior conviction under any statute or ordinance of embezzlement, theft, forgery, bribery, fraud, falsification or destruction of records, receiving stolen property, failure to ship or produce contracted goods, or other offense indicating a lack of business integrity or business honesty that currently and seriously affects responsibility as a borough contractor;
3. Conviction or civil judgment finding a violation under state or federal antitrust statutes;
4. Violation of contract provisions of a character that is regarded by the purchasing agent to be so serious as to justify debarment action, such as:
a. Knowing failure without cause to perform in accordance with the specifications including providing defective or damaged products, or within the time limit provided in a contract;
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 may not be considered to be a basis for debarment.
5. Violation of the ethical standards or in state or other law or regulation;
6. Violation of other provisions of this code relating to contracting;
7. Any other cause determined by the city manager to be so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for a cause similar to one in this section.
8. Additional causes for debarment may include:
a. Misrepresentation of product or merchandise to be supplied;
b. Submission of falsified invoices, billing summaries, status reports and other related documentation. (Ord. 20-012 § 3, 2020)