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.

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Approved as to form and legality:

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Assistant City Attorney