HomeMy Public PortalAboutORD-CC-2018-03CITY OF MOAR ORDINANCE NO. 2018-03
AN ORDINANCE AMENDING CITY PROCUREMENT PROCEDURES. AMENDINCT
CERTAIN ETHICS PROVISIONS, AND PROVIDING FOR DISCLOSURE OF
TRANSACTIONS IN WHICH CITY EMPLOYEES OR OFFICIALS MAY HAVE A
PERSONAL INTEREST.
a. The City of Moab maintains a purchasing ordinance to provide for the efficient
acquisition of goods, services, and equipment required by the City.
b. The City of Moab has determined that there is a need to periodically update and amend
its purchasing ordinances for the. purpose of assuring that public funds are allocated responsibly.
c. In light of experience wined following the recent adoption of the ordinance amending
purchasing- and ethics provisions, the City determines that a few amendments are in order.
d. Additionally. the City wishes to expand upon and improve the visibility of ethics
provisions applicable to City employees and officials.
Now therefore, the City of Moab repeals the entirety of MMC 2 28.OIO through 200
and enacts the following:
Chapter 2.01
ETHICS FOR CITY EMPLOYEES AND OFFICIALS
2.01.010 Definitions. The following definitions apply to this Chapter:
A. "Employee"' means a person who is not an elected officer of the City of Moab and
who performs services for the City on a full or part time basis in exchange for wages.
B. "Entity,. means a sole proprietorship. partnership. association, joint venture,
corporation, trust, limited liability company, or similar business entity.
C. '.Interest"' means a pecuniary, monetary, or other material benefit which may accrue
to a City official or employee as a result of any business transaction, contract, or official act by
the City. For purposes of this Chapter, an official or employee of the City shall be deemed to
have an interest in the affairs of:
1 ) A spouse, sibling, child (whether natural or adoptive and regardless of age).
parent/grandparent, aunt/uncle, niece/nephew, or first cousin;
2) A household member, which is defined to he an unrelated adult livima with the
official or employee in the same domicile;
3) A business entity in which the official or employee is an officer, director,
manager, or employee; or
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4) A business entity in which the official or employee holds legal or beneficial
owlnership in excess of ten percent ( 10(/-) of the total stock or total beneficial
ownership.
D. "Official" means the Mayor, the members of the City Council, and the appointed
members of all other City boards or commissions.
2.01.020 Provisions Supplemental to State Law. This provisions of this Chapter are
supplemental. and in addition to. the provisions of the Utah Municipal Officers' and Employees'
Ethics Act. U.C.A. ti 10-3-1301. et seq.
2.01.030 Employee and Official Ethics.
A. No Oversight of Related Persons. An employee or official of the City shall not
supervise or exercise oversight with respect to any City contract where the employee or official
has an interest, as defined by this Chapter, in the party performing, the contract.
B. Disclosure as to Related Businesses; Disqualification. Every employee or
official of the City who has an interest, as defined by this Chapter, in a related person, business,
or entity shall publicly disclose to the City, in writing and on forms maintained by the City, the
nature of that interest immediately prior to any official action or discussion with respect to that
related person, business, or entity. For purposes of this subsection, the disclosure is required
where the employee or official has an interest in a person, business, or entity or who:
1) Maintains or anticipates entering into a contract with the City;
2) Seeks City approval of a license. permit, land -use application, or similar City
decision: or
3) May be subject to regulatory. enforcement, or legal action by the City.
4) The employee or official having an interest as described in this subsection shall
not vote or otherwise participate in any decision or official action pertaining to that
related person, business, or entity, and the disclosure shall be noted in the minutes of the
decision making body.
C. Annual Disclosures. Employees and officials shall disclose in writing, at ]cast
annually, their interest in all entities doing husiness with the City. Written disclosures shall be
updated promptly when there is any change in the employee or officials interest in the related
entity.
D. No Disclosure of Confidential Information Pertaining to Cite Business. No
City employee or official, with respect to any contract, transaction, or decision which is or may
he the subject of an official act of the City shall, without proper legal authorization, disclose
private. controlled, or protected information concerning the transaction, any actions of the City,
or otherwise use such information to benefit the personal or economic interest of the employee or
official, or others.
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1) The terms 'private," "controlled," or ..protected.' shall have the same
meanings as defined in the Utah Government Records Access and Management Act (GRAMA),
I.C.A. § 63G-2-103.
E. Retaliation Prohibited. Employees who act in good frith to report or disclose to
the City any misconduct or actions undertaken in violation of this Chapter shall not be subjected
to any adverse employment action for doing so. Nothing in this provision shall he deemed to
palter any other employment policies or procedures.
F. Employees and Officials Prohibited from Using Position to Secure Special
Privileges for Related Parties. No employee or official shall use his or her office or position
for the purpose of securing .special privileges or pecuniary benefits for the employee or official,
or for entities or persons in which that employee his an interest, as defines[ by this Chapter.
G. Disclosure of Persons and Businesses Doing Business with the City. The
identity of persons or entities doing business or maintaining contracts with the City is public
information which is suhject to disclosure pursuant to requests under the Government Records
Access and Management Act.
2.01.040 Remedies. The sole remedies for violations of this Chapter are as fellows:
A. A contract, transaction, or decision which is approved in violation of this Chapter
is voidable, in whole or in part, in the discretion of the City Council or applicable decision
making body.
B. An employee who knowingly violates this Chapter may face disciplinary action,
suhject to applicable personnel policies, up to and including termination.
C. An official who knowingly violates this Chapter may he subject to removal from
office in the manner otherwise provided by law..
D. Nothing, in this Chapter shall be interpreted as conferring a private cause of action
upon any person who may seek to set aside a particular contract, transaction, or decision.
Chapter 2.28
PURCHASING PROCEDURES
2.28.010 Purpose. The purpose of this Chapter is to ensure integrity in the procurement
process by assuring, that purchases are conducted in an open and competitive !Manner.
Additionally, this Chapter is intended to establish standards of conduct for City employees and
officials, and avoid conflicts of interest in procurement decision making.
2.28.020 Definitions. The following definitions apply to this Chapter,
A. "City Manager" means the person appointed ors City ,Manager, as defined under
MMC Chapter 2. 10.
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B. "Debarment.' means a classification under this Chapter by which a person is
precluded, in whole or in part, from bidding or being selected for the award of a contract with the
City of Moab.
C. "Employee.' rtlean a person who is not an elected officer of the City of Moah and
who performs services for the Cite on a full-time or part time -basis in exchange km- wages.
D. "Essential Public Works" mean the City culinary Water system. wastewater
treatment system. storm -water conveyance system, flood control system, or streets and
sidewalks.
E. `.Local Vendor.. means a person or business entity holding a business license and
having its sole plate of business within Grand County, Utah.
E. "Non-Responsivemeans a proposal or hid from a person which doe., not
conform to the puhli.shcd requirements for a procurement as to such terms as: quantity; scope of
services: price: quality: time of submittal or performance: or other material requirements
estahlished by the Purchasing Agent.
G. "Official" means the Mayor. the members of the City C,:ouncil, and the appointed
members of all other City boards and commissions.
H. "Prcqualification" means a screening process whereby person; who may vish to
enter into a contract with the City are evaluated for eligibility' pursuant to a .set of criteria
published by the Purchasing Agent.
1. "Procurement" means the process of contracting for construction, goods, services,
equipment, or personal property by the City pursuant to established purchasing procedures.
J. "Procurement Thresliold- as used in Section l00 of this Chapter means the dollar
limits on purchasing and the associated purchasing procedures, as set forth in Sections 040, 050,
070, of O80 of this Chapter.
K. "Proposal" means a written statement by a person to provide good,, services. cn
froth having a value of no more than fifty thousand dollars (S50,000.00) which is submitted in
response to a City request for proposals. A proposal may contain terms other than price and
include details as to: experience: quality: suitability for intended purposes; scheduling or manner
of delivery; or other criteria.
L. "Purchasing Agent'. means the person tasked with administering this Chapter, as
specified from time to time. Unless otherwise designated by the City Council, the Purchasing
Agent shall be the Recorder.
M. "Purchasing Order,. means a document issued by the Purchasing Agent whereby
the City undertakes to purchase goods, services, or other property from an outside vendor or
provider by Specifying the types, quantities, price, and other material terms.
N. "Recorder" means the City Recorder as appointed pursuant to MMC Chapter 2.12
or the Deputy Recorder, who may perform those functions in the Recorder's absence.
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O. "Sealed Bide means a written .statement by a person to provide goods. services, or
both which is submitted confidentially and opened publicly at a time specified by the City in its
invitation for bids. A sealed bid responds to the detailed specifications outlined in the. City's
invitation for bids and is the offer of the person submitting the hid to enter into a contract in
accordance with its terms.
2.28.030 Purchasing Agent, The Purchasing Agent shall be responsible for all purchases
of equipment. goods, or services required by the City. It is the duty. of the Purchasing Agent and
all City employees to engage in purchasing in a manner which is honest, transparent. fosters
broad -based competition, and which provides the most advantageous terms to the City. All City
department heads shall transmit their written purchasing requests to the Purchasing Agent for
review and approval.
A. The Purchasing Agent .shall evaluate all requests for expenditures to determine if:
I) sums requested have been budgeted. ?) procurement processes have been followed: 3 )
contract provisions have been performed; and 4) City expenditures have been properly coded
using: expense accounting procedures.
B. The Purchasing Agent will confer with the City Manager and department heads
with respect to the development of requests for proposals (RFPs) where necessary as part of the
procurement process.
C. The Purchasing Agent shall verify that parties awarded contracts under this
Chapter possess all required licenses and permits (e.g. engineering, construction trades licensing.
huilding permits, or the like) needed to perform the specified tasks.
2.28.O40 Purchasing; Authority- Small Purchases. Upon the request of any department
head or upon the Purchasing Agent's own request, the Purchasing Agent has authority to procure
goods, services, equipment, or other personal property with a cost of not more than twenty five
thousand dollars (S25.000.00) (Small Purchases) by issuing a purchasing order to the applicable
vendor. The Purchasing Agent shall engage in reasonahle diligence to assure that Small
Purchases arc ohtained upon the hest possible terms, considering price, quality, reliability,
availability, and performance of the vendor or provider.
A. Professional Services. Design Services, or Construction Services procured under
this Section shall he confirmed by award of a contract, in the Corm approved by the City.
containing all required specifications. A department shall include minimum specifications when
using the small purchase threshold for professional, design, or construction services.
2.28.050 Competitive Proposals for Projects up to $50,000.00. For all procurements
having a cost which is likely to exceed twenty five thousand dollars (S25,000.00), but which is
not to exceed fifty thousand dollars (S50,000.00), the Purchasing Agent shall solicit competitive
proposals from at least three vendors. All responsive proposals shall he revicwved by the
Purchasing Agent as to the most favorable proposal with respect to price, quality. reliability,
availability, and performance of the vendor. The Purchasing Agent. in his/her discretion, may
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approve the procurement, request additional information. reject all proposals, or refer the
procurement to the City Council for a decision
2 28.060 Unresponsive Bidders for Competitive Proposals. In procurements .subject to
Section 050, above, if fewer than three proposals are received by the submittal deadline and the
department head provides sufficient documentation to the Purchasing Agent that the request for
proposals have been sent Lc): ] ) five providers: and 2) ail local providers of the property or
service to be procurer]: then the requirement for at least three proposals may he waived by the
Purchasing Anent if the proposals received are deemed competitive and fair.
2.28.070 Essential Public NVorks Projects. For procurements involving Essential Public
Works and having a cost in excess of twenty five thousand dollars (S25,000.00) but not
exceeding fifty thousand dollars ($50.000.00), the Purchasing Agent and the City Manager 11lay
waive the competitive proposals requirement, provided that the Purchasing Agent obtains written
proposals from at least three vendors and the Purchasing Agent determines that the proposals are
competitive and fair.
2.28.080 Sealed Bids for Projects in Excess of $50,000.00. For all procurements having a
cost which is likely to exceed fifty thousand dollars (850.000.00) the Purchasing Agent shall
solicit sealed hills from responsible bidders. The Purchasing? Agent, in conjunction with the
applicable department head, shall develop specifications for the procurement and may pre -
qualify vendors who, on the basis of experience, training,, financial strength, past performance, or
the like, have the capability to perform.
A. Procurements subject to sealed bids shall he published in a manner calculated to
provide notice to interested vendors, but which shall at least include publication on the City's
wehsite and by newspaper, and via other relevant hid advertising media. The Purchasing Agent
may re -publish or extend the hidding deadline if the notice has venerated insufficient vendor
response.
B. Bids shall he opened publicly at a date and time which is published.
C. The Purchasing Agent may reject non -responsive bids. Bids which contain a
mathematical or similar error may he withdrawn by the bidder at any time prior to acceptance by.
the City.
D. All responsive bids shall be presented to the City Council, subject to a
recommendation by the Purchasing Agent as to the most favorahle proposal with respect to
adherence to ..specifications, price, quality, reliability, availability, and performance of the
vendor. The City Council will review the recommendation and. in its discretion, may approve
the recommendation, request additional information. or reject all proposals.
2.28.090 Local Business Preference. Local vendors, as defines! by this Chapter, may
receive a procurement preference as follows:
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A. A request for a local business preference along with any necessary documentation
establishing that a party is a Local Vendor must be suhrnitted to the Purchasing Agent in wTiting
in conjunction with the delivery of the vendor proposal or hid;
B. A responsive proposal or hid from a Local Vendor will be deemed the lowest
proposal or hid if the total cost is no more than five percent (5% greater than the lowest
responsive proposal or hid from a non -local vendor.
C. The Local Vendor preference shall not exceed the sum of twenty five thousand
dollars (S25,000.00). For example. if a non -local bidder bids S600,000.00 for a procurement and
a Local Vendor bids .S630,000.00 0'4- of the non -local hid), the contract will he awarded to the
Local Vendor in an amount not to exceed S625,000.00. A Local Vendor who cannot honor the
cap on the hid preference may withdraw its hid at any time prior to acceptance.
D. The City may reject an award of a contract subject to a Local Vendor preference
if the preference would result in a contract exceeding, budgeted or legally available amounts.
2.28.100 Repeat Purchases Not to Evade Procurement Thresholds. City employees or
officials shall not engage in any practice or actions which have the purpose or effect of evading
the procurement rules of this Chapter.
A. Annual Review of Program Purchases. Where programmatic or repeated
procurements in the defined areas specified in this Section, as anticipated in approved budgets,
arc individually beneath any particular procurement threshold. but likely to exceed a
procurement threshold when combined, the Purchasing Agent shall confer with the applicable
department head and define an expected scope of procurements for the fiscal year.
B. Routine Retail Purchases Excluded. The restrictions of this Section 100 shall
not apply to repeat or routine purchases of items from retail businesses where a procurement
process would be inefficient (e.g. repeat purchases of lumber, hardware. or janitorial supplies on
an as -needed basis).
C. Professional, Design, and Construction Services Cumulative Threshold.
Where professional services, design services. or construction services are procured under Small
Purchases purchasing authority. Section 040, the cumulative amount of repeat purchases (Such as
separate task orders) in any fiscal year shall not exceed fifty thousand dollars (S50,000.00) for
that provider contract.
2.28.1 10 Procurement Exceptions. The following procurement exception., are
authorized by this Chapter.
A. Emergencies. Where there is an emergency situation involving a threat to public
health, welfare, or safety. including but not limited to, essential public works such as the
wastewater treatment system, culinary water system, storm -water system, or the like, the
Purchasing Agent, in consultation with the City Manager, may waive the procurement rules
specified by this Chapter. The Purchasing Agent shall report the emergency procurement
exception to the City Council no later than thirty days from the date of the procurement. The
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Purchasing Agent shall assure that the terms of the procurement are as competitive and Favorable
as the circumstance., will allow. When the emergency has passed all Further procurement shall
Eie conducted in conformity with the other procedures of this Chapter.
l) City Department Heads should seek to obtain competitive emergency
purchases by using, telephone quotes, internet or catalog quotes, limited invitations to hid, or
similar procedures to the extent practicahle. and consistent with the need to protect public health
and safety.
2) The Purchasing Agent and City Manager shall make a written determination
documenting the emergency and the selection of the procurement item. A record of the
determination and selection shall be kept in the contract File. The documentation may he made
alter the emergency condition has passed.
B. State Approved Contracts. Pursuant to U.C.A. > 1 1-13-201 the City is
authorised to enter into joint purchasing arrangements with other governmental entities. Vs/here.
the State of Utah or other competitive purchasing groups have established standard procurement
contracts for state agencies which are available to local governments, the City is not required to
engage in a different procurement process. and may purchase goods, services, equipment, or the
like pursuant to the published price schedules, catalog prices, or specified terms established by
the state or the competitive purchasing group. City departments are encouraged to utilize State
of Utah competitive purchasing group procurements where appropriate. The Purchasing Agent
must approve the purchase order in advance and, if it exceeds the sing of one hundred thousand
dollars (S 100,000.00), the purchase is subject to City Council review and approval.
C. Single Source Procurement. Where there is only a single source available for a
particular procurement, the Purchasing Agent may waive proposal or hid requirements, provided
that the department head undertakes reasonable efforts to: 1) document that no alternative
provider is available: and 2) secure the most advantageous terms for the City. The Purchasing
Agent must approve the purchase order in advance and, if it exceeds the sum of fifty thousand
dollars (S50,000.00), the purchase is subject to City Council review and approval.
1) Sole -sourer: procurement awards do not involve .standard procurement process
and should only be used when justified after reasonable research has been conducted to
determine if there are other available sources_ and an analysis has been done to determine if a
sole source award is cost justified.
include:
2) t'ireumstances for which a sole -source contract awards may be justified
a. A procurement item for which there is no comparable product or
service, such as a one -of -a -kind item available from only one vendor;
b. A component or replacement part for which there is no commercially
available substitute, and which can only he obtained directly from the manufacturer; or
c. An exclusive maintenance. service, or warranty agreement.
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3) Prior to awarding a sole source contact, the applicable department shall
conduct a price analysis to determine if the same or similar items are available from another
source.
4) An urgent or unexpected circumstance for a procurement does not justify the
ward of a contract using the sole -source exception.
D. Exclusions. The following contracts or transactions are excluded from the
Procurement provisions of this Chapter: contracts for the purchase/stile of an interest itt real
estate.; employment contracts: contract change orders or modifications; intergovernmental
agreements: L.trant or similar agreements where the City serves as a funding conduit to a third
party: non -employee statutory appointee contracts; utility. franchise, or public right-of-way
agreements: extensions of existing* contracts, and agreement; with interlocal coop entities (e.g.
local government mutual insurance agencies).
F. Alternative Procurement Processes. The City Council may authorize other or
alternative procurement procedures on a case by case basis upon a showing of good cause.
2.28.120 Certification and Approval of Bills. The Purchasing Agent shall receive all
invoices_ hills, and other sums claimed to he owing by the City. In consultation with the City
Manager and department heads, the Purchasing Agent shall review and certify for payment all
account payable items. Upon certification by the Purchasing Agent the invoices and hills shall
then he deemed payable as an obligation of the City. During any City Council meeting, the City
Council may choose to review the Purchasing Agent's payment certification and, if satisfied as
to its accuracy, approve the certification. Any concerns as to whether any expenditure is proper
shall be promptly brought to the attention of the City Manager and Purchasing, Agent.
2.28.1 30 Authority' for Contract ;Execution. The City Manager has authority to execute
all contracts under this Chapter, including contract modifications. extensions, and change orders.
with a contract price of not exceeding fifty thousand dollars (S50,000.00). All other contracts
awarded tinder this Chapter shall he executed by the Mayor. To he valid, the Recorder must
attest the signatures of the Mayor or City Manager on all contracts executed pursuant to this
Chapter.
2.28.140 Construction Bonding. General contractors and others providing construction
services pursuant to a contract with the City shall deliver a bond from a surely authorized to do
business in the State of Utah or other approved form as provided in this Chapter.
A. A hid security bond in an amount equal to five percent of the amount of -the hid is
required for all construction projects in which the hid amount exceeds fifty thousand dollars
(S50,000.00).
B. Payment and performance bonds in an amount equal to one hundred percent of
the contract price are required for all construction contracts in excess of fifty thousand dollars
(S50,000.00), unless alternative security is authorized pursuant to this Chapter.
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C. The City Manager and Purchasing Agent may waive or alter the bonding
requirements on contracts with a [out] contract price of not more than five hundred thousand
dollars (S500.000.00) where: I ) it is determined that bonding in the required amount cannot he
r'easonahly obtained: and 2) alternative means oi-security which provide an adequate suhstitute
for payment and performance bonds are. sufficient. This staff -level waiver shall he made in
writing, with notice to the City Council.
D. In every construction contract where there is a modification of bonding
requirements. or where no bonding, is required (e.g. contracts under S50,000.00 in value). the
construction contract shall contain one or more alternative security mechanisms to secure
performance by the contraetcir and/or payment to subcontractor's, laborers, and material suppliers.
Alternative security mechanisms may include: 1) an irrevocable letter of credit payable to the
City: ?) a first position deed of trust on real property; 3) a cash deposit to he held by the City; or
1) other collateral. contract, or security instruments as approved by the City Attorney.
E. In every construction contract where there is a modification of bonding
requirements, or where no hondinir is required, the City is authorized to: 1) issue payment in the
form of joint payee checks payahle to the g.eneral contractor and subcontractors, laborers, or
material suppliers; 2) require that subcontractors. laborers, and material _suppliers execute
payment waivers extinguishing claims against the City, in a form acceptable to the City
Attorney. concurrent with progress payments and at final completion; and/or 3) alter retainage
disbursements.
2.28.150 Recorder to Maintain Contract Records. The Recorder shall keep records
documenting all contracts entered into by the City and documenting, all expenditures under those
contracts.
2.28.160 Surplus Personal Property. The Recorder may dispose of surplus personal
property of the City at a publicly noticed and advertised sale. All such .sales shall he undertaken
in a commercially reasonable manner, after notice to the City Council, and in conformity with
the Surplus Property Policy, as established by the City from time to time.
2.28.170 Sales Tax Exemption. in all contacts awarded under this Chapter the contractor
shall provide to the City proof that all goods, services. materials, equipment. or fixtures which
are purchased under the contract are subject to the sales tax exemption possessed by the City as a
governmental entity. No contract awarded under this Chapter shall include any purported mark
up or other charge for sales tax.
2.28.180 Debarment Procedures. No person who has been debarred by the City shall be
e]igihle to hid or enter into any contracts with the City during the period of debarment.
A. Grounds for Debarment. Causes for debarment include:
l) Conviction under state or federal law of the offense of embezzlement, theft,
forgery, brihery, or any similar offense indicating dishonesty:
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?) Failure without good cause to perform any contract with the City of Moab,
including, any warranty provisions:
3) Failure to perform any hid or proposal made to the City of Moab:
4) Engaging in any acts which are a violation of this Chapter;
tit Unlawful acts (including, but not limited to. lack of proper licensure).
dishonesty. or incompetence in the performance of any contract with the City of Moah: or
6) Any other cause which the City determines to he so serious or compelling s to
affect the responsibility of the contractor, including* debarment or criminal proceedings involving
another governmental entity.
B. police. 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 (30) days from the date of the
debarment notice.
C. Hearin; Procedures. A debarment hearing shall be conducted informal IV hefore
the City Manir«er. The rules of evidence shall not apply to the hearing. but both parties shall he
permitted to offer testimony, exhihits, or other information in support of their positions. An
audio or video recording of the hearing shall 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: I ) reject debarment: ?) order debarment for a
period of time of not less than thirty (30) days, nor more than three f 3) 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 he issued promptly following the conclusion of the hearing and be in writing.
The decision shall state in reasonable detail the reasons for the. decision.
2 28.190 Debarment appeals. Any person who is debarred pursuant to this Chapter may
appeal that decision h_y filing an action in the Seventh Judicial District Court no later than thirty
(30) clays from the date of the decision which is subject to appeal. The City shall promptly
transmit the record of the proceedings to the court. Review by the district court shall be hosed on
the record hefore the City Mana�er.�
A. Standard of Review. No person shall appeal to the district court a decision by
the City unless that person has exhausted his/her administrative remedies. District court review
shall be limited to those matters which were actually contested before the City. The court shall:
1) presume that the decision is valid: and ?) determine only whether or not the decision is
arbitrary, capricious, or illegal.
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2.28.200 Remedies. The sole remedies for violations of this Chapter (excluding sections
180 and 190 pertaining to contractor debarment) are as follows:
A. A contract, transaction. or decision which is entered into in violation of this
Chapter is voidable. in whole or in part, in the discretion of the Citv Council.
B. An employee who kncs)%vin-lly violates this Chapter may face disciplinary action.
subject to applicable personnel policies, up to and including termination.
C. An official who knowingly violates this Chirpier may be subject to removal from
office in the manner otherwise provided by law.
D. Nothing in this Chapter shrill be interpreted as conferring a private cause of action
upon any person seeking to set aside a particular contract. transaction, or decision.
Approved and adopted by majority vote of the Moab City Council. This ordinance shall
take effect immediately upon passage.
Bv:
Mayor Emily Niehaus
Attest:
Date
3-t 5- l d
Rachel Stenta. Recorder Date
-End of Document-
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