[Ord. of 3-2-1992]
In instances where responsible prospective bidders submit identical
tie bids, preference shall be given to businesses with drug-free workplace
programs. Whenever two or more bids which are equal with respect to
price, quality, and service are received by the City of Milford for
the procurement of commodities or contractual services which are bid,
a bid received from a business which has certified that it has implemented
a drug-free workplace program shall be given preference in the award
process. The drug-free workplace program certification to be submitted
with the bid package shall be available through the office of the
purchasing agent and must be submitted by the bidder along with other
bid documents in order to receive preference under this section.
[Ord. of 6-1-1998; amended 2-3-2014]
Notwithstanding the provisions of Article V, § 3(b)(2) of the City of Milford Charter, sealed bidding shall not be required for contracts or purchases of commodities having a value less than or equal to the amount set forth in Connecticut General Statutes § 7-148v, provided that additional quotes should be obtained where feasible.
[Ord. of 3-2-2009]
Disqualification of contractors from doing business with the
City of Milford pursuant to Connecticut General Statutes Section 7-148w.
[Ord. of 3-2-2009]
In order to help ensure that the City does business with qualified
contractors, there shall be a system of disqualification of contractors
created pursuant to Connecticut General Statutes Section 7-148w. as
amended.
[Ord. of 3-2-2009]
CONTRACTOR — Any person, firm or corporation
which has contracted or seeks to contract with the City of Milford,
or to participate in such a contract in connection with any public
works of the City, including professional consultants.
A person appointed by the Mayor to hear and decide allegations
that any contractor should be disqualified pursuant to this section.
Any contractor may be disqualified for a period not to exceed two years from bidding on, applying for or participating as a subcontractor under contracts with the City for one or more causes set forth under Subsection 2-92.4 of this division.
[Ord. of 3-2-2009]
Hearings conducted pursuant to this section shall be in accordance
with the provisions of Connecticut General Statutes Sections 4-176e
through 4-181a, as amended. The hearing officer shall issue a written
decision within 90 days of the last date of such hearing and state
in the decision the reasons for the action taken and, if the contractor
is being disqualified the period of such disqualification. The existence
of a cause for disqualification shall not be the sole factor to be
considered in determining whether the contractor shall be disqualified.
In determining whether to disqualify a contractor the hearing officer
shall consider the seriousness of the contractor's acts or omissions
and any mitigating factors. The hearing officer shall send the decision
to the contractor by certified mail, return receipt requested.
[Ord. of 3-2-2009]
(a)
Causes for disqualification from bidding on, applying for or participating
in, contracts shall include the following:
(1)
Conviction or entry of a plea of guilty or nolo contendere for
or admission to commission of a criminal offense as an incident to
obtaining or attempting to obtain a public or private contract or
subcontract, or in the performance of such contract or subcontract;
(2)
Conviction or entry of a plea of guilty or nolo contendere or
admission to the violation of any state or federal law for embezzlement,
theft, forgery, bribery, classification or destruction of records,
receiving stolen property or any other offense indicating a lack of
business integrity or business honesty which affects responsibility
as a municipal contractor;
(3)
Conviction or entry of a plea of guilty or nolo contendere or
admission to a violation of any state or federal antitrust, collusion
or conspiracy law arising out of the submission of bids or proposals
on a public or private contract or subcontract;
(4)
A willful failure to perform in accordance with the terms of
one or more public contracts, agreements or transactions;
(5)
A history of failure to perform or of unsatisfactory performance
of one or more public contracts, agreements or transactions; or
(6)
A willful violation of a statutory or regulatory provision or
requirement applicable to a public contract, agreement or transaction.
(b)
For purposes of a disqualification proceeding under this section,
conduct may be imputed to the contractor as follows:
(1)
The fraudulent, criminal or other seriously improper conduct
of any officer, director, shareholder, partner, employee or other
individual associated with a contractor may be imputed to the contractor
when the conduct occurred in connection with the individual's
performance of duties for or on behalf of the contractor and the contractor
knew of or had reason to know of such conduct. The term "other seriously
improper conduct" does not include advice from an attorney, accountant
or other paid consultant if it was reasonable for the contractor to
rely on such advice.
(2)
The fraudulent, criminal or other seriously improper conduct
of a contractor may be imputed to any officer, director shareholder,
partner, employee or other individual associated with the contractor
who participated in, knew of or had reason to know of the contractor's
conduct.
(3)
The fraudulent, criminal or other seriously improper conduct
of one contractor participating in a joint venture or similar arrangement
may be imputed to other participating contractors if the conduct occurred
for or on behalf of the joint venture or similar arrangement and these
contractors knew of or had reason to know of such conduct.
[Ord. of 3-2-2009]
The City may reduce the period or extent of disqualification,
upon the contractor's request, supported by documentation, for
the following reasons:
[Ord. of 3-2-2009]
The City may grant a limited exception permitting a disqualified
contractor to participate in a particular contract or subcontract
upon a written determination by the hearing officer and the department
head responsible for the administration of the contract or subcontract
that there is good cause, in the interest of the public, for such
action.
[Added 8-6-2018]
(a)
Unless expressly authorized by law, the Mayor or vote of the Board
of Aldermen, the City shall not be bound by any contract executed
and that extends beyond one year. Prior approval by the Mayor or Board
of Aldermen shall be required for all contracts that are not competitively
bid and cost more than $100,000.
(b)
The determination of whether a contract is to be executed after one
year shall include its initial term plus all automatic renewals and
options to renew. Any renewal which materially alters the terms or
conditions of a contract shall be resubmitted to the Mayor or Board
of Aldermen for approval.
