This chapter shall apply to all contracts awarded by or entered
into by the City of Roseville, including, without limitation, purchases,
contracts or leases for supplies, materials or equipment; contracts
for professional and nonprofessional services; contracts for public
works or construction projects; and contracts with insurance or surety
companies issuing insurance policies or bonds for city public works
or construction projects, city-sponsored events or privatelysponsored
events at city facilities. The provisions of this chapter are intended
to determine in advance of submittal of bids or proposals on city
contracts whether a person has the necessary qualifications, fitness,
capacity, integrity and trustworthiness to perform city contracts.
Nothing in this chapter shall limit the city’s ability to determine
prior to or at the time of contract award whether a bid or proposal
is responsive to the city’s solicitation for bids or proposals
and whether the person submitting the bid or proposal has the requisite
qualifications, fitness, capacity, trustworthiness and integrity needed
to perform the contract.
(Ord. 4117 § 1, 2004)
For the purpose of this chapter, the following definitions shall
apply:
Affiliates.
Persons are “affiliates” if:
1.
One person directly or indirectly controls or has the power
to control or influence the decision making of the other;
2.
A third person controls or has the power to control or influence
the decision making of both; or
3.
The person(s) has the same or overlapping management, ownership
or one or more of the same principals as the other person.
Indicia of control include, but are not limited to: interlocking
management or ownership, identity of interests among family members,
shared facilities and equipment or common use of employees.
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City manager.
The phrase “city manager” means the city manager
of the City of Roseville or his or her designee.
Contract.
The term “contract” shall include, but not be
limited to, city contracts, leases, licenses, agreements, purchase
orders or lease-purchase agreements for the acquisition of:
1.
Supplies, materials or equipment;
2.
Professional or nonprofessional services;
3.
Public works or construction projects;
4.
Insurance policies or bonds provided in connection with a public
works or construction project, a city-sponsored activity or event
or a privately-sponsored activity or event at a city-owned, operated
or controlled facility; and
5.
Other goods and services.
Debarment.
The term “debarment” means the action taken pursuant
to this chapter or by another local, state or federal agency, to disqualify,
suspend, prohibit, debar or render a person ineligible to bid upon,
solicit, be awarded or perform public contracts or any portion thereof.
Hearing officer.
The phrase “hearing officer” shall mean the person appointed by the city manager to administer the debarment procedures set forth in Section
4.15.090 of this chapter.
Person.
The term “person” means any person, individual,
group, association, firm, corporation, partnership, joint venture
company, sole proprietorship or other entity.
Predecessor-in-interest.
The phrase “predecessor-in-interest” means a
person whose rights, property or assets and/or debts or obligations
are acquired or assumed by another person.
Principal.
The term “principal” means any officer, director,
owner, partner, joint venturer, shareholder, responsible managing
officer, responsible managing employee or person with primary management
or supervisory responsibilities, including any person who has a substantial
influence or substantive control over performance of a contract.
Public contract.
The phrase “public contract” means any contract,
lease, license, agreement, purchase order or lease-purchase agreement
that is awarded or entered into by any federal, state or local agency,
including the city, or any insurance policy or bond provided in connection
with a government public works or construction project, government-sponsored
activity or event or privately-sponsored activity or event at a government-owned,
operated or controlled facility.
Successor-in-interest.
The term “successor-in-interest” means a person
who acquires the rights, property or assets and/or assumes the debts
or obligations of another person.
(Ord. 4117 § 1, 2004)
Notwithstanding any other provision of this code:
A. The
hearing officer may debar or prohibit any person, or any principal,
affiliate or successor-in-interest thereof, from bidding upon, soliciting,
or being awarded any contract with the city or from being a subcontractor,
supplier, insurer or surety at any tier upon such contract, in accordance
with the procedures established by this chapter.
B. During
the time period that a debarment pursuant to this chapter is in effect
for any person, the city shall not accept bids or proposals from,
contract with or allow performance of all or any portion of a city
contract including, but not limited to, subcontracts, supply contracts,
insurance or surety agreements, by any person who has been debarred
in accordance with this chapter.
C. During
the time period that a debarment of any person by a local, state or
federal agency is in effect, the city shall not accept bids, solicitations
or proposals from, contract with or allow performance of subcontracts,
material or supply contracts, insurance or surety agreements, by such
person, whether or not such person has been debarred by the city pursuant
to this chapter.
(Ord. 4117 § 1, 2004)
Whenever notice is required to be given under this chapter,
it shall be deemed effective on the day such notice is either personally
delivered or deposited in the United States mail, first class postage
prepaid and addressed to the last known address of the person to be
notified.
(Ord. 4117 § 1, 2004)
Debarment may be imposed on a person by the hearing officer
in accordance with the procedures established by this chapter on one
or more of the following grounds:
A. Commission
by such person of any act of:
1. Fraud,
bribery, collusion or conspiracy;
2. Bid
rigging, price fixing or any other act in violation of any local,
state or federal law in connection with the bidding upon, solicitation,
award or performance of any public contract; or
3. Embezzlement,
theft, forgery, falsification or fabrication of records, moral turpitude
or perjury.
B. Commission
of any act indicating a lack of integrity or honesty in the performance
of any contract with city.
C. Submission
of a bid, proposal, insurance policy, bond, guarantee or other document
that is known, or should be known, by such person to be false, misleading
or non-meritorious or to contain false information.
D. Submission
of any false, misleading or non-meritorious claim, demand or lawsuit
against any private party or public agency, including the city.
E. Pending
litigation between the person and the city, which could impact the
ability of the parties to work cooperatively with each other.
F. Breach
of the terms of a public contract by a willful or material failure
to perform in accordance with the terms thereof.
G. Violation
of a local, state or federal law or regulation applicable to a public
contract.
H. Current
or past suspension or debarment from award or performance of a public
contract by any local, state or federal agency.
I. Knowingly
doing business with a debarred third person in performance of any
public contract awarded after debarment of said third person.
J. Substandard
performance on any public contract, including, without limitation:
1. A
material breach thereof;
2. A
failure to complete work required thereunder in a timely manner or
within the contract price when such failure is attributable to the
negligent or wrongful actions or inactions of such person or such
person’s subcontractors or suppliers;
3. Substandard
quality of work; or
4. Any
negligent or wrongful failure to cooperate with the contracting agency
during performance of the public contract; or
5. A
failure to comply with or violation of project permit(s).
K. Seven
or more stop notices from its direct subcontractors relating to any
single City of Roseville public works project.
L. One
or more violation during the performance of any public contract of
any labor or safety statutes, regulations or standards including,
without limitation, applicable local, state or federal statutes, regulations
or standards governing prevailing wage, occupational safety and health,
nondiscrimination requirements or other local, state or federal laws.
M. Failure
to have or maintain in good standing all necessary licenses, permits
or other approvals required to transact business within the State
of California.
N. One
or more violation of any law or regulation governing the handling,
transfer, storage or disposal of hazardous materials or hazardous
wastes.
O. One
or more violation of any law or regulation governing the handling,
transfer, storage or disposal of solid waste generated during the
performance of such public contract.
P. A violation
of any law or regulation governing conflicts of interest.
Q. Evidence
that the person lacks financial responsibility, such as unpaid debts,
unfulfilled insurance or bond obligations or other evidence of financial
instability or irresponsibility.
R. Any
other ground that the hearing officer determines would substantially
impair the ability of the person to perform a public contract or any
part thereof.
(Ord. 4117 § 1, 2004)
Any acts or omissions as described in Section
4.15.050 of this chapter by a person shall constitute grounds for debarment for up to three years, as determined by the hearing officer.
(Ord. 4117 § 1, 2004)
The city may require any person submitting a bid or proposal
on a city contract to submit the following as part of such bid or
proposal:
A. A statement
under penalty of perjury, that neither such person, including any
principal, affiliate or predecessor-in-interest of such person, nor
any subcontractor, supplier or surety engaged or to be engaged by
the person:
1. Is
currently debarred or has been debarred at any time during the preceding
10 years, from submitting a bid or proposal on a contract by any federal,
state or local agency.
2. Has, at any time during the preceding 10 years, been convicted of any offense, been subject to a civil judgment or been subject to a penalty or sanction by any federal, state or local agency for any act or omission described in Section
4.15.050 of this chapter.
B. Any
other information or documentation deemed necessary to determine the
person’s eligibility to submit a bid or proposal on a city contract.
(Ord. 4117 § 1, 2004)
In performance of any city contract, no person having actual
or constructive knowledge shall utilize the services of any person
who is currently debarred pursuant to this chapter. No person having
actual or constructive knowledge shall use or list, in any bid or
proposal for a city contract, any subcontractor, supplier, insurer
or surety who is currently debarred pursuant to this chapter. Violation
of this section may result in rejection of the bid or proposal, nonpayment
by the city for work performed by such person, annulment of award
or termination of an award of contract, issuance of a stop work order,
debarment from submitting future bids or proposals on city contracts,
or any other remedy provided by law.
A person who uses or lists a debarred subcontractor, supplier,
insurer or surety without having actual or constructive knowledge
of such debarment shall be allowed to substitute the debarred subcontractor,
supplier, insurer or surety in accordance with state law or, if not
applicable, the provisions of the contract governing contract changes.
(Ord. 4117 § 1, 2004)