07-13-15 Common Council Meeting Minutes

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REGULAR MEETING JULY 13, 2015 the Common Council of the City of South Bend, Indiana recognizes that on September 15, 1980, the Common Council passed Ordinance No. 6830 -80 which created a program to assist home owners when dealing with the potential costly repair of private sewer connections when they fail; and the Common Council further notes that over the years, this sewer insurance program has been a very important program which has helped protect the health and safety of the citizens of South Bend and has helped contribute to the efficient operation of the overall sewer system; and the Board of Public Works took over the responsibilities of the Board of Wastewater Commissioners when the Wastewater Board was terminated; and the reporting requirements of South Bend Municipal Code § 17 -64 to both the Council and the Council's Utility Committee remain in full force and effect; and the Council notes that such required reporting has lapsed; and the Council further notes that the Board of Public Works "Sewer Insurance Program Policy" which the Board approved on November 12, 2013, appears to be deficient in light of the fact that it references incorrect citations to the governing provisions of the South Bend Municipal Code and that the policy fails to include reasonable measures to ensure that all vendors are responsible in fulfilling their legal and contractual obligations when doing business with the City of South Bend under the Sewer Insurance Program; and the Common Council recognizes the both the federal government and municipalities in Indiana have included language addressing debarment (removing contractor eligibility for contracts for a fixed period of time) and suspension (removing eligibility for the duration of an investigation or litigation) as appropriate and reasonable business practices; and some examples at the federal level which authorize debarment and suspension include, but are not limited to: the Federal Acquisition Regulation (FAR) which govern contracting with executive branch agencies in order to "prevent improper dissipation of public funds" and provides in part for debarment or suspension for a "serious or compelling" cause; the Buy American Act (41 U.S. Code §8303); Clean Air Act (33 U.S. Code § 1368,. §7606); Davis - Bacon Act (40 U.S. Code §3144); and the Drug -Free Workplace Act (41 U.S. Code §8102); and Resolution Addressing Recommendations to the City Administration Page 2 the Common Council recommends that the Board of Public Works immediately consider updating its Sewer Insurance Program Policy which the Board approved on November 12, 2013, to allow for the suspension of any contractor who is suspected of violating any federal or state law, or whose activities may indicate a lack of business integrity which may seriously affect the responsibilities and duties of a contractor to the potential detriment of the City, under this Program; and the Common Council notes that the U.S. Congress have held many hearings on suspension and debarment in light of the "magnitude of federal spending on contracts and reports that agencies awarded contracts to vendors who previously allegedly engaged in misconduct "; and the Council has found that the City of Indianapolis utilizes in their "standard general conditions" provisions on debarment and suspension whereby a contractor doing business with the City certifies that neither the entity or its principals are "...presently debarred, suspended, 36