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No person who has been debarred by the City shall be eligible to bid or enter into any contracts with the City during the period of debarment.

A. Grounds for Debarment. Causes for debarment include:

1. Conviction under state or federal law of the offense of embezzlement, theft, forgery, bribery, or any similar offense indicating dishonesty;

2. Failure without good cause to perform any contract with the City of Moab, including any warranty provisions;

3. Failure to perform any bid or proposal made to the City of Moab;

4. Engaging in any acts which are a violation of this chapter;

5. Unlawful acts (including, but not limited to, lack of proper licensure), dishonesty, or incompetence in the performance of any contract with the City of Moab; or

6. Any other cause which the City determines to be so serious or compelling as to affect the responsibility of the contractor, including debarment or criminal proceedings involving another governmental entity.

B. Notice. Before entering any debarment decision, the purchasing agent shall deliver written notice to the person who may be subject to debarment. The notice shall be delivered to the last known address of the person by in-person delivery, courier, certified mail, or first-class mail. The notice shall disclose the facts or events giving rise to a debarment determination in reasonable detail, and shall advise the recipient that he/she may request a hearing by delivering written notice to the City no later than thirty days from the date of the debarment notice.

C. Hearing Procedures. A debarment hearing shall be conducted informally before the City Manager. The rules of evidence shall not apply to the hearing, but both parties shall be permitted to offer testimony, exhibits, or other information in support of their positions. An audio or video recording of the hearing shall be kept. The City shall maintain the record of the hearing, together with copies of all documents and evidence submitted by the parties or otherwise relied upon in reaching the decision.

D. Decision. The City Manager may: (1) reject debarment; (2) order debarment for a period of time of not less than thirty days, nor more than three years; or (3) issue a partial debarment order limiting, for example, the types of work, total dollar amount of work, or other conditions under which a person shall be authorized to enter into contracts with the City. All decisions shall be issued promptly following the conclusion of the hearing and be in writing. The decision shall state in reasonable detail the reasons for the decision. (Ord. 18-03 (part), 2018)