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HomeMy WebLinkAbout1995-12-19; City Council; 13448; AMENDMENT TO CARLSBAD MUNICIPIAL CODE TITLE 3, CHAPTER 3.32, SECTION 3.32.026 ADDING A PROVISION ALLOWING THE CITY TO DISQUALIFY A BIDDER WHO HAS BEEN DEBARRED BY ANOTHER GOVERNMENTAL AGENCY% \ AB# /? &@ MTG. 12/19/95 DEPT. CA @ 0 CITY OF CARLSBAD - AGENDA BILL - TITLE: AMENDMENT TO CARLSBAD MUNICIPAL CODE TITLE 3, CHAPTER 3.32, SECTION 3.32.026 ADDING A PROVISION ALLOWING THE CITY TO DISQUALIFY A BIDDER WHO HAS BEEN DEBARRED BY ANOTHER GOVERNMENTAL AGENCY I DEPT. 1 CITY A1 CITY Mc I I I I-" ~~ RECOMMENDED ACTION: Introduce Ordinance No. H-J$Aamending Carlsbad Municipal Code section include a provision allowing the City to disqualify a contractor, subcontractor or con participating in contract bidding where the contractor, subcontractor or consultar debarred by another governmental agency as an irresponsible bidder, ITEM EXPLANATION: In July 1995, the City Council enacted municipal code sections 3.32.025 through 3.3 provide remedies for the City when false claims for payment are made by subcontractors or consultants doing work for the City, including procedures for disqu irresponsible contractors from bidding. cv d. m m I 2; z a, c) d ld .ri c a 0 $4 a a, U 5 a 0 c, $4 ad d rl *rl 2 3 U 0 The proposed addition to the previously enacted sections would allow the Cib contractors from bidding on public works or contracts when an evidentiary finding has in another jurisdiction that the contractor, subcontractor or consultant has knowing1 a false claim for payment or approval resulting in the contractor being disqualified i in that jurisdiction. The contractor has been afforded due process and appeal rights debarrment procedure. The proposed revision is modeled after a similar provision found in section 22.0514 San Diego City Municipal Code allowing the city to disqualify a contractor from bil upon any debarment of the contractor by another governmental agency. All Carlsbad contract bid specifications and contracts currently in use reference the f Act provisions of Carlsbad Municipal Code Chapter 3.32 and any amendment to tl code would automatically be incorporated by reference into the bid specifications ar thereby notifying contractors of this additional potential consequence of debarment FISCAL IMPACT: Minor expenditures of staff time to revise standard forms and monitor debarment proc other jurisdictions. EXHIBITS: 1. fl Ordinance No. M5-3#* e! g! 2 ~ 0 z 5 01 t 1 2 3 4 5 6 7 a 9 10 11 om SuJg 32 KKA dyg2 408 4055 kc$$ 9008 a;$? gyso ".Iran 042 E60 >..% 60 m aod 12 13 14 15 16 17 18 19 20 21 '22 23 24 25 26 27 28 ~ I ~ 0 Q ORDINANCE NO. NS-342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CHAPTER 3.32 OF THE CARLSBAD MUNICIPAL CODE, TO ALLOW THE CITY TO PREVENT A CONTRACTOR FROM BIDDING ON A PUBLIC CONTRACT WHERE THE CONTRACTOR HAS BEEN DEBARRED BY ANOTHER GOVERNMENTAL AGENCY. OF CARLSBAD, CALIFORNIA, AMENDING TITLE 3, The City Council of the City of Carlsbad, Californ ordain as follows! SECTION I: That Title 3, Chapter 3 -32 of the C; Municipal Code is amended by the amendment of section 3.32, designate the first paragraph It (a) In. SECTION 11: That Title 3, Chapter 3.32 of the Ci Municipal Code is amended by the addition of section 3.32.021 read as follows: "(b) In addition to all other remedies permitted 1 the City Council may, upon the recommendation of the City 1 and upon advice of the City Attorney, by resolution, dec bidder or contractor ineligible to bid on City procureme subcontractor or consultant by another governmental agenc ther debarment period designated by the other agency." public works contracts based upon any debarment of the cont~ EFFECTIVE DATE: This ordinance shall be effective days after its adoption, and the City Clerk shall certi adoption of this ordinance and cause it to be published at once in a newspaper of general circulation in the City of Cz within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting Carlsbad City Council on the 19th day of DECEMBER l and thereafter , * 1 I am 32 $LLIz 9gg &% 405g m>,z 0&5a 9 82s Z&$a 02-10 ““%a E:? p5 aod 00 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 rn PASSED AND ADOPTED at a regular meeting of th Council of the City of Carlsbad on the day of 1996 XBfEX, by the following vote, to wit: AYES : NOES : AlXxNT; APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk i