The URL can be used to link to this page

Home My WebLink About09315 City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 9, 2018 TO: Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Nancy Keller, Director of Wastewater Naomi Hedden, Director of Purchasing Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE AMENDING CHAPTER 10 OF TITLE 1 OF THE PUEBLO MUNICIPAL CODE RELATING TO BIDDING PROCEDURES AND CONTRACTS FOR CITY IMPROVEMENTS SUMMARY: Attached is an Ordinance which makes revisions to Chapter 10 of Title 1 of the Pueblo Municipal Code pertaining to bidding procedures and contracts for City improvements. PREVIOUS COUNCIL ACTION: Chapter 10 of Title 1 was last amended by City Council on February 28, 2000 by Ordinance No. 6510. BACKGROUND: This Ordinance accomplishes two objectives: 1. Clarifies the definition of a bidder who is not “responsible;” 2. Formally gives the City’s Purchasing Agent authority to debar or suspend bidders. FINANCIAL IMPLICATIONS: This Ordinance will not result in any direct financial consequences to the City. However, as an indirect consequence, it may result in a financial benefit to the City because the Purchasing Agent will have authority to reject bids coming from incompetent or irresponsible bidders. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failure to enact this Ordinance will limit the Purchasing Agent’s authority to reject bids coming from incompetent or irresponsible parties. In addition, the Purchasing Agent will not be given the statutory authority to debar or suspend irresponsible bidders. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance ORDINANCE NO. 9315 AN ORDINANCE AMENDING CHAPTER 10 OF TITLE 1 OF THE PUEBLO MUNICIPAL CODE RELATING TO BIDDING PROCEDURES AND CONTRACTS FOR CITY IMPROVEMENTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Chapter 10 of Title 1 of the Pueblo Municipal Code is hereby amended, to read as follows: CHAPTER 10 Contracts for City Improvements Sec. 1-10-1. Purpose. The purpose of this Chapter is to interpret and construe the meaning of the words lowest and best bid contained in Section 7-32 of the Charter and procedures relating to contracts for City improvements. (Ord. No. 6510, 2-28-00) Sec. 1-10-2. Definitions. For the purpose of this Chapter and Section 7-32 of the Charter, the following words shall have the following meanings: (1) City improvement shall mean the process of building, altering, repairing, improving, installing or demolishing any public structure, building, bridge, sewer, street or any other public improvement and related facilities of any kind. For purposes of this Chapter, public means and includes any structure, building or other improvement in which the City has an ownership or possessory interest. (2) Lowest and best bid shall mean the lowest responsive bid submitted by a responsible bidder in compliance with the invitation to bid meeting the standards, requirements and specifications contained in the invitation to bid. has the integrity and (3) Responsible bidder shall mean a person who reliability which will assure good faith performance and who is qualified and financially able to timely perform the work or services described in the invitation to bid who is not disqualified under Section 1-10-4(d). (Ord. No. 6510, 2-28-22) Sec. 1-10-4. Formal bidding procedures. (d) If the recommendation is for award of a contract to a person who did not submit the lowest bid based upon a finding that the lower bidders were not responsible, the records shall show a full documentation of the reasons for disqualifying the lower bidders, which reasons may include, but are not limited to: (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, or receiving stolen property, or any other offense indicating a lack of business integrity or honesty which directly affects responsibility as a City contractor; (3) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; \[ (4) Material failure to perform in accordance with the terms of one (1) or more contracts, following notice of such failure, or materially unsatisfactory \] performance of one (1) or more contracts; (4) Failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts with public or private entities, within the previous five (5) years; under suspension or debarment by the (5) The person is currently City or currently under debarment by any other governmental entity which is based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state or local governmental entity; (6) The person is not qualified or financially able to timely perform the \[\] work; or (7) The person is not or will not be duly licensed to perform the work on \[\] ; the date of contract award. (8) The person is delinquent in making payment of any City taxes for which the tax liability has been finally determined and no further right of appeal exists; or (9) Any other cause the Purchasing Agent reasonably determines to affect responsibility as a City contractorincluding any such cause which may exist pursuant to prior evaluation of the person under the City’s Contractor/Consultant Satisfaction Program. SECTION 2. Chapter 10 of Title 1 of the Pueblo Municipal Code is hereby amended by the addition of a new Section 7 as follows: Sec. 1-10-7 Authority to Debar or Suspend. (1) . After reasonable notice to the person involved and Authority reasonable opportunity for that person to be heard, the Purchasing Agent, after consultation with the City’s Law Department, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three (3) years. The Purchasing Agent, after consultation with the City’s Law Department, shall have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding twelve (12) months. The authority to debar or suspend shall be exercised in accordance with this Section and City’s Purchasing Policies and Procedures. (2) . The causes for debarment or Causes for Debarment or Suspension suspension include the following: (a) 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 such contract or subcontract; (b) 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 business integrity or business honesty which currently, seriously, and directly affects responsibility as a City contractor; (c) conviction under state or federal antitrust statutes arising out of the submission of bids or proposals, (d) violation of contract provisions, as set forth below, of a character which is regarded by the Purchasing Agent to be so serious as to justify debarment action: (i) failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or (ii) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; (e) delinquent in making payment of any City taxes for which the tax liability has been finally determined and no further right of appeal exists; and (f) any other cause the Purchasing Agent determines to be so serious and compelling as to affect responsibility as a City contractor, including debarment by another governmental entity for any cause listed in this Section and City’s Purchasing Policies and Procedures. (3) . The Purchasing Agent shall issue a written decision to Decision debar or suspend. The decision shall: (a) state the reasons for the action taken; and (b) inform the debarred or suspended person involved of its rights to administrative and judicial review as provided in the City’s Purchasing Policies and Procedures. (4) . A copy of the decision under Subsection (3) of Notice of Decision this Section shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening. (5) . A decision under Subsection (3) of this Section Finality of Decision shall be final and conclusive, unless the debarred or suspended person files an administrative appeal or commences an action in court in a timely manner. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance which are necessary or desirable to implement this change to the Pueblo Municipal Code. SECTION 4. This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED July 9, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: July 23, 2018