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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
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Agendas
City Counci - Date
7/13/2015
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Resolution Addressing Recommendations to the City Administration <br />Page 2 <br />the Common Council recommends that the Board of Public Works immediately consider <br />updating its Sewer Insurance Program Policy which the Board approved on November 12, 2013, to allow <br />for the suspension of any contractor who is suspected of violating any federal or state law, or whose <br />activities may indicate a lack of business integrity which may seriously affect the responsibilities and <br />duties of a contractor to the potential detriment of the City, under this Program; and <br />the Common Council notes that the U.S. Congress have held many hearings on suspension <br />and debarment in light of the "magnitude of federal spending on contracts and reports that agencies <br />awarded contracts to vendors who previously allegedly engaged in misconduct"; and <br />the Council has found that the City of Indianapolis utilizes in their "standard general <br />conditions" provisions on debarment and suspension whereby a contractor doing business with the City <br />certifies that neither the entity or its principals are "...presently debarred, suspended, proposed for <br />debarment, declared ineligible, or voluntarily excluded from or ineligible for participation in any federal <br />assistance program...'; requires the contractor "... not to subcontract with any party which is debarred or <br />suspended or is otherwise excluded from or ineligible for participation in and federal assistance <br />program...'; and requires the contract to "...provide immediate notice .... if, at any time .... it is debarred, <br />suspended, proposed for debarment, declared ineligible, voluntarily excluded from or become ineligible <br />for participation in any federal assistance program [with] such event being cause for termination..."; and <br />i, by analogy, at the federal level, the Code of Federal Regulations provide in part in Subpart <br />9.402 Debarment, Suspension, and Ineligibility that sanctions such as suspension may "...be imposed <br />only in the public interest for the Government's protection and not for purposes of punishment ", <br />and that "agencies are encouraged to establish methods and procedures for coordinating their debarment <br />or suspension actions" (Emphasis added). <br />r <br />Section I. The South Bend Common Council believes that the City of South Bend has a duty and <br />responsibility to protect and safeguard all public funds by the most efficient mechanisms possible, which <br />include having reasonable practices, policies, procedures and standards for all governmental contracts. <br />Section II. The Common Council further believes that in light of the amount of taxpayer monies spent on <br />contracts, and the ongoing investigation of at least one contractor doing business with the Board of Public <br />Works, that there is a need for the Board to immediately review and revise its Sewer Insurance Program <br />Policy of November 12, 2013, in order to protect the public interest and regain the public trust. <br />Section III. The Common Council therefore recommends that the Board of Public Works immediately <br />review and update the Sewer Insurance Program's policies pursuant to all governing laws to ensure that <br />contractors who fail to fulfill their legal or contractual obligations have their due process rights properly <br />
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