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<br />ORDINANCE NO,,29J l-~? <br /> <br />AN ORDINANCE TO AMEND CHAPTER 12 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (2006) BY ADDING A NEW DIVISION 7 THERETO <br />ENTITLED "DEBARMENT" CONTAINING NEW SECTIONS 12-291 THROUGH 12- <br />- 295, TO ESTABLISH DEBARMENT PROCEDURES WITHIN THE CITY'S PUBLIC <br />PROCUREMENT PROCESS. <br /> <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br /> <br />1. That the Code of the City of Portsmouth, Virginia (2006) be, and hereby is, amended <br />and reordained by addition to Chapter 12 a new division, to- wit "Division 7 - Debarment," <br />containing Sections 12-291 through 12-295, both inclusive, as follows: <br /> <br />CHAPTER 12 - FINANCE <br /> <br />Division 7. - DEBARMENT <br /> <br />Sec. 12-291. Debarment Authorized. <br /> <br />The Purchasing Administrator may, in his discretion and for the purposes of protecting <br />the integrity of the City's procurement process, debar a Contractor for any of the causes in <br />Section 12-292, using the procedures in Section 12-293, and with the right of appeal as set forth <br />in Section 12-294. <br /> <br />The purpose of debarment is to protect the City and its taxpayers from risks associated <br />with awarding contracts to persons or firms that have exhibited an inability or unwillingness to <br />fulfill contractual requirements, and to protect the integrity of the City's procurement process by <br />preventing individuals or firms who have displayed improper conduct from participating in <br />competition for City contracts. <br /> <br />The term "Contractor" shall mean any prospective individual or business entity which has <br />contracted with, or which is proposing to contract with the City to provide goods or services, <br />whether or not actually bidding on a proposed contract at the time. It shall include any other <br />business entity with substantially the same principals or owners as a debarred contractor. <br /> <br />Sec. 12-292. Causes for Debarment. <br /> <br />(a) The Purchasing Administrator may debar a Contractor for any of the following <br />causes, or any combination thereof: <br /> <br />i. The Contractor or any of its principals being convicted of a felony bearing some <br />reasonable relation to business integrity or business honesty. <br /> <br />ii. The Contractor or any of its principals engaging in fraud or any criminal activity <br />in connection with obtaining, attempting to obtain, or performing a p};lblic contract or <br />