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%
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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.
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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.
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Ordinance No. M5-3#*
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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
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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
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