COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 900848
Amending Article XI of the Administrative Code of Kansas
City entitled "Finances" by enacting a revised Section A11.25
entitled "Debarment of Bidders for Public Works Contracts" to modify
the make up of the hearing panel.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Article XI, Division 5, of the
Administrative Code entitled "Purchases and Supplies" is hereby
amended by repealing Section A11.25 entitled "Debarment of Bidders for
Public Works Contracts" and enacting in lieu thereof a new Section of like
number and subject to provide as follows:
Section A11.25. Debarment of Bidders for Public Works
Contracts.
(a) Policy on Debarment. No contract in the amount
of twenty-five thousand dollars ($25,000.00) or more for the construction of
City improvements of whatsoever kind or character or for the doing of any
public work shall be let to any bidder which is itself debarred from the award
of City contracts as hereinafter set out or is managed, controlled or more than
fifty (50) percent owned by a person or entity so debarred. A contractor which
is itself debarred or is managed, controlled or more than fifty (50) percent
owned by a person or entity that is debarred shall not act as a subcontractor
on any such Kansas City contract, if the amount of the subcontract is
twenty-five thousand dollars ($25,000.00) or more.
(b) Standard for Debarment. In the event that any
contractor or subcontractor on a Kansas City contract for the construction of
improvements or the doing of any public work is determined, as hereinafter set
out, to be wilfully and without good cause violating the requirements of the
contract in any of the ways listed below, then such contractor and its chief
operating officer and any owner or part owner who participated in the
management of the company at the time of the violation shall be debarred from
participating, either as a contractor or subcontractor, in other such Kansas
City contracts for a period of one (1) year for the first offense, three (3)
years for the second offense and five (5) years for any subsequent offense,
except that in the case of extenuating circumstances which are set out in
writing in detail by the hearing panel, such periods may be reduced by not more
than one-half:
(1) Incorporating materials into the work which are
not in accordance with the specification.
(2) Doing work on the contract without the
insurance required by the contract being in force.
(3) Failing to complete the contract work.
(4) Failing to show good faith in attempting to
meet Kansas City's MBE/WBE requirements.
(5) Failing to enter into a contract after having
been awarded the contract.
(6) Failing to obtain required permits.
(7) Failing to comply with Kansas City's
requirements relating to equal opportunity in employment.
(8) Disposing of waste in a location which has not
been approved as provided in the contract.
(9) Failing to obtain all permits and observe all
required safety precautions in connection with the handling,
storage and use of explosives.
(10) Concealing work from inspectors.
(11) Falsifying test results.
(12) Failing to repair property which was damaged in
the course of doing the work.
(13) Failing to pay suppliers.
(14) Failing to pay any Kansas City tax.
(15) Failing to pay the wage rates prescribed in the
contract.
(16) Failing to include provisions in subcontracts
which are required to be included under the contract terms.
(17) Permitting a subcontractor to do any of the
things listed herein or failing to take reasonable measures to assure
that subcontractors do not do the things listed
herein.
(18) Failing to comply with the contract
requirements in any other manner which is deemed to be so serious and
compelling as to justify debarment.
(c) Procedure. Action to debar a contractor may be
initiated by any department head and shall proceed as follows:
(1) Initiation of proceeding. The proceeding may
be initiated by any department head who shall issue a
written notice of the proposed debarment to the
contractor and to the City Manager. The notice
shall
include a statement of the reasons for the
proposed
debarment, the date of mailing and the date,
time, and
place of a hearing on the matter. If the
contractor
cannot be located for purposes of delivery of
the notice,
the proceeding shall be held in abeyance until notice
can
be given.
(2) Notice. Any notice required by the proceeding
and any other notice to the contractor shall be sent postage
prepaid by certified U.S. mail to the
contractor at its
last known address or at its registered office,
if it is
a corporation.
(3) Hearing panel. The hearing panel shall consist
of the City Manager or his/her designee as chairman, the
department head who initiated the proceeding or
his/her
designee, and one (1) contractor designated by
the Labor/
Management Fair Contracting Foundation.
(4) Conduct of hearing. The hearing shall be held
in accordance with the procedures to be established by the
City Manager. Unless a delay is requested by
the
contractor, the hearing shall be no more than
thirty (30)
days after notice is received by the
contractor.
(5) Decision. Decisions shall be concurred in by a
majority of the hearing panel. Within sixty (60) days after the
hearing, the panel shall issue its decision in
writing
stating whether the contractor is debarred from
contracting with Kansas City and, if so, for
what period
of time.
(6) Notice of decision. The contractor shall be
given prompt notice of the decision of the hearing panel; and a copy
of such decision shall be promptly mailed or
otherwise
furnished to the contractor.
(7) Finality of decision. The decision of the
hearing panel shall be final and conclusive unless the contractor,
within thirty (30) days after issuance of the
decision,
commences a timely action for review in a court
of
competent jurisdiction in accordance with
applicable law.
_______________________________________________________
Approved as to form and
legality:
___________________________________
Assistant City Attorney