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Home My Public Portal AboutORD11936 . ^"".�( m t l shit r Af a: �` ? fiNi' BILL NO. 93-51.�. SPONSORED BY COUNCILMAN NILGES ORDINANCE NO. 11936 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING ARTICLE X OF CHAPTER 2 PERTAINING TO THE FINANCE DEPARTMENT TO PROVIDE FOR A DEBARMENT PROCEDURE AND TO REPEAL ORDINANCE 11532. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Repeal. Ordinance 11532, concerning debarment procedures for ` public works contracts, is hereby repealed in its entirety and held for naught. Section 2. The Code of the City of Jefferson, Missouri, is hereby amended by amending of Article X of Chapter 2 by renumbering to read as follows: Secs. 2-355 - 2-374 3-394. Reserved. DIVISION 2. PURCHASING DIVISION Sec. 2.375 2-395. Purchasing agent; office established. Sec. 2.376 2-396. Establish and maintain specifications. :Y R ' Sec. 2.377 2-39-'x. Standards and procedure. Sec. 2.378 2-398. Promulgation of rules. Sec. 2.379 2 399. Purchasing limits. Sec. 2.380 2-409. Emergency purchases. Sec. 2.3812-401% Small sum purchases. Sec. 2.382 2-42. Cooperative purchasing. Sec. 2.383 2-403. Local Preference. Sec. 2.384 2. 404. Preference for U.S.-manufactured goods. � .. r f Sec. 2.386 2 405. Surplus Property. 3 Sec. 2.386 2-496. Announcement and Method of Sale. Sec. 2.387 2-407. Minimum laid Requirement and Rejection of Bids. Sec. 2-388 2498. Sale of Park Commission Property. Sec. 2-389 3-498. Letter of Intent. Section 3. The Code of the City of Jefferson, Missouri, is amended by amending of Article X of Chapter 2 by the addition of the following sections: See. 2-390. Debarment. A. The purchasing agent 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 r 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. 6. A recent record of failure to per€oran or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory Aft performance caused by acts beyond the control ' I�,^ i l # .' Sf+ `L. Spy .f'E't 4r �S� 7Yr;.' ;.wJkS. ,.5., ``• x• m+ ? ''',- 't ,�+u, ,,.'' ,,\ .t cLN Xw 1P'"' '� ;,d ry. ( �� i�`Izr`+�� '°y. rt t .. ` `y�r 'vt•z§`� '.�{ ..�1 'd .s_ �'��4..•' rrl#nu• i; °` w;4$. .x• -,iS;eq .4,2 . f : i i 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, including debarment by another governmental entity for any cause listed in this article. B. The length of a debarment shall not exceed three (3) years. C. An action to debar a contractor may be initiated and shall proceed as follows: 1. The purchasing agent 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 tape effect until a final order upholding the debarment is entered by the director or until the appeal is dismissed by the appellant. 2. 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. 30 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. AMk 4. At the hearing, each party shall have the right to call and examine witnesses, introduce f� Y .,, _ ._ . . •�.r •:.v-.t,_...�.._♦ ., _.._.__ _, ....fit.. . _ r_.�...s�.t s. d..4+& y•yiiF V%, "'i'p;!'4� + ?"'?`�^ � ��0(rftVy��'!v""'..� ;iff19>z exhibits,cross-examine opposing witnesses and impeach any witness. Oral evidence shall be taken only on oath or affimation. 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. 5. 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 F evidence found in the records 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 purchasing agent and to the affected person. 6. An appeal from the director's order shall be to the cir-cuit court pursuant to Chapter 636, RSMo. 7. Cost of Proceedings. The cost of debarment proceedings shall be taxed against the losing party. 8. Nothing in this section shall limit the authority of the purchasing division to accept the bid which in his judgment is the lowest and best r bid, or to reject any or all bids or to reject a bid on grounds which could have been used to debar the bidder. Secs. 2.391 - 2.409. Reserved. Section 4. Severability. The provisions of this ordinance are severable, and the invalidity of any phrase, clause or section of the ordinance shall not affect the validity or electiveness of the remainder of the ordinance. Aft .,:v.. f .. .4 f, _ .c_ .s__ Llr: �__ •._ � .Oh `' .:..y s tk ll►'�.tt{1 11+1 ••fi �.. r•- �� .,1'^tfi t ,f 5 1 W •" rtx.�7 ss4 c r:Zy.t+,.'�A .r t,. ��};4}';'•p} ih rYi 47tt t' ��£t xY .��7•.(�!r• .r..�• .r'S. >xy.ytiis">a t'.i%???ii+ � �s".a'�•` k• +:° �r,�t. .I +f 3` '}T`:1 4 `� /, rtl,yc.. .x.k,r' r .rl•. •�}acJ1S,, .'a r• ,�}; ,5 .{:•se. .ia �\. :ivT St„ F,;i�tr,+Y S ;, d'�^+'`•;..f'. * .. 1 �: f.}: 1 4y ji. � {; .{..LK• t. 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