[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]
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.
HEARING OFFICER
A person appointed by the Mayor to hear and decide allegations that any contractor should be disqualified pursuant to this section.
PERIOD OF DISQUALIFICATION
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:
(a) 
Newly discovered material evidence;
(b) 
Reversal of the conviction upon which the disqualification was based;
(c) 
Bona fide change in ownership or management;
(d) 
Elimination of other causes for which the disqualification was imposed; or
(e) 
Other reasons the City deems appropriate.
[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.