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07-13-15 Agenda, Packet & Committee Meeting Notice
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07-13-15 Agenda, Packet & Committee Meeting Notice
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
7/13/2015
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6JI (r,"y <br />Resolution No. <br />011M <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br />RECOMMENDING THAT THE CITY'S BOARD OF PUBLIC WORKS UPDATE ITS "SEWER <br />INSURANCE PROGRAM POLICY" TO INCLUDE SUSPENSION PROVISIONS FOR ENTITIES <br />DOING BUSINESS WITH THE CITY AND THAT REQUIRED REPORTING TO THE <br />COMMON COUNCIL AND THE UTILITY COMMITTEE BE RESUMED IMMEDIATELY <br />4" the Common Council of the City of South Bend, Indiana recognizes that on September <br />15, 1980, the Common Council passed Ordinance No. 6830 -80 which created a program to assist home <br />owners when dealing with the potential costly repair of private sewer connections when they fail; and <br />(W" the Common Council further notes that over the years, this sewer insurance program has <br />been a very important program which has helped protect the health and safety of the citizens of South <br />Bend and has helped contribute to the efficient operation of the overall sewer system; and <br />N" the Board of Public Works took over the responsibilities of the Board of Wastewater <br />Commissioners when the Wastewater Board was terminated; and the reporting requirements of South <br />Bend Municipal Code §17 -64 to both the Council and the Council's Utility Committee remain in full <br />force and effect; and <br />6A" the Council notes that such required reporting has lapsed; and the Council further notes <br />that the Board of Public Works "Sewer Insurance Program Policy" which the Board approved on <br />November 12, 2013, appears to be deficient in light of the fact that it references incorrect citations to the <br />governing provisions of the South Bend Municipal Code and that the policy fails to include reasonable <br />measures to ensure that all vendors are responsible in fulfilling their legal and contractual obligations <br />when doing business with the City of South Bend under the Sewer Insurance Program; and <br />y the Common Council recognizes the both the federal government and municipalities in <br />Indiana have included language addressing debarment (removing contractor eligibility for contracts for a <br />fixed period of time) and suspension (removing eligibility for the duration of an investigation or litigation) <br />as appropriate and reasonable business practices; and <br />G)i" some examples at the federal level which authorize debarment and suspension include, <br />but are not limited to: the Federal Acquisition Regulation (FAR) which govern contracting with executive <br />branch agencies in order to "prevent improper dissipation of public funds" and provides in part for <br />debarment or suspension for a "serious or compelling" cause; the Buy American Act (41 U.S. Code <br />§8303); Clean Air Act (33 U.S. Code § 1368,. §7606); Davis -Bacon Act (40 U.S. Code §3144); and the <br />Drug -Free Workplace Act (41 U.S. Code §8102); and <br />
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