07-13-15 Common Council Meeting Minutes

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REGULAR MEETING JULY 13, 2015 proposed for debarment, declared ineligible, or voluntarily excluded from or ineligible for participation in any federal assistance program... "; requires the contractor "... not to subcontract with any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in and federal assistance program... "; and requires the contract to "...provide immediate notice .... if, at any time .... it is debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from or become ineligible for participation in any federal assistance program [with] such event being cause for termination... "; and by analogy, at the federal level, the Code of Federal Regulations provide in part in Subpart 9.402 Debarment, Suspension, and Ineligibility that sanctions such as suspension may "...be imposed only in the public interest for the Government's protection and not for purposes of punishment ", and that "agencies are encouraged to establish methods and procedures for coordinating their debarment or suspension actions" (Emphasis added). i << Section I. The South Bend Common Council believes that the City of South Bend has a duty and responsibility to protect and safeguard all public funds by the most efficient mechanisms possible, which include having reasonable practices, policies, procedures and standards for all governmental contracts. Section II. The Common Council further believes that in light of the amount of taxpayer monies spent on contracts, and the ongoing investigation of at least one contractor doing business with the Board of Public Works, that there is a need for the Board to immediately review and revise its Sewer Insurance Program Policy of November 12, 2013, in order to protect the public interest and regain the public trust. Section III. The Common Council therefore recommends that the Board of Public Works immediately review and update the Sewer Insurance Program's policies pursuant to all governing laws to ensure that contractors who fail to fulfill their legal or contractual obligations have their due process rights properly Resolution Addressing Recommendations to the City Administration Page 3 balanced against the greater good of protecting the public interests and public assets. The Council further believes that provisions addressing suspensions would help protect the integrity of City governmental programs by ensuring that only responsible persons and companies participate. The Council recommends that such review include, but not be limited to: 1. Developing policies and procedures which are transparent, which reflect best practices, which are regularly updated and filed with the Office of the City Clerk and posted on the City's website; and 2. Developing policies and procedures that an entity would be excluded or disqualified from bidding on, quoting on, or participating in a contract with the City of South Bend for a temporary period of time, pending the completion of an investigation or legal proceeding involving that entity; and 3. Developing policies and procedures which ensure that all contractors may be suspended during any period of time that there may be an ongoing investigation as to the contractor's practices or procedures; or an investigation of a contractor's alleged misconduct or ensuing legal proceedings; and 4. Developing policies and procedures which increase the information made available to contractors which better address their required responsibilities and duties; and 37