Prior to the adoption of Ord. 018178 on 07/19/2004, Section 2-474 read as follows.

    (a) The head of the purchasing division is authorized to debar a person from consideration for award of contracts for any of the following reasons:

    (1)    Conviction 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 integrity or honesty which currently, seriously and directly affects responsibility as a city contractor or vendor.

    (3)    Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals.

    (4)    Deliberate failure without good cause to perform in accordance with contract specifications or within the time limit provided in the contract.

    (5)    A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor or vendor shall not be considered a basis for debarment.

    (6)    Any other cause so serious and compelling as to affect responsibility as a city contractor or vendor, including debarment by another governmental entity for any cause listed in this article.

    (b) The length of debarment shall not exceed three (3) years.

    (c) The head of the purchasing division shall initiate a debarment by serving written notice of the debarment to the person he intends to debar. The notice shall set forth the specific grounds for the debarment and advise the person of his right to appeal. The notice shall be served by registered or certified mail or by delivering a copy of the notice to the person subject to debarment or his agent or employee. The debarment shall take effect ten (10) days after service of the notice unless an appeal is taken to the director of finance. If such an appeal is taken, the debarment shall not take effect until a final order upholding the debarment is entered by the director or until the appeal is dismissed by the appellant.

    (d) Within ten (10) days after service of a written notice of debarment, the person affected by the notice may file a written request for a hearing before the director of finance contesting the debarment.

    (e) The director of finance shall set the matter for hearing on the record within thirty (30) days of the receipt of a request for a hearing. At least ten (10) days notice of the hearing shall be given to the affected person and to the head of the purchasing division.

    (f) At the hearing, each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses and impeach any witness. Oral evidence shall be taken only on oath or affirmation. All evidence shall be suitably recorded and preserved. The technical rules of evidence shall not apply, except the director may exclude evidence which is irrelevant or repetitious. Each party shall be entitled to present oral arguments or written briefs at or after the hearing.

    (g) Within ten (10) working days of the hearing, the director of finance shall make written findings of fact and conclusions of law and issue a final order. Findings of fact shall be based upon competent and substantial evidence found in the record as a whole. A copy of the director's order, his findings of fact and conclusions of law, shall be delivered or mailed to the head of the purchasing division and to the affected person.

    (h) An appeal from the director's order shall be to the circuit court pursuant to chapter 536, RSMo.

    (i) Nothing in this section shall limit the authority of the head of the purchasing division to accept the bid which in his judgment is the lowest and best bid, or to reject any or all bids or to reject a bid on grounds which could have been used to debar the bidder.

(Ord. No. 13511, § 1, 11-16-92)