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Home My WebLink AboutORDINANCES-2018-018-O-182/26/2018 18-0-18 AN ORDINANCE Amending City Code Section 1-17-1 of the Evanston City Code, by Adding Subsection 1-17-1(E), "Contractor Debarment, Suspension, and Prohibited Contracts" NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Section 1-17-1, "Purchases of Goods or Services," of the Evanston City Code of 2012, as amended, is hereby further amended to add City Code Section 1-17-1(E), "Contractor Debarment, Suspension, and Prohibited Contracts," which will read as follows: (E) CONTRACTOR DEBARMENT, SUSPENSION, AND PROHIBITED CONTRACTS. 1. Definitions. For the purposes of this Subsection, the following definitions apply: CITY MANAGER. The City of Evanston City Manager or his/her designee. CONTRACTOR. A person, partnership, corporation, or other entity that has contracted with, or is seeking to contract with, the City to construct a public improvement, to provide goods to, or perform services for or on behalf of the City. A contractor includes a contractor, subcontractor, vendor, or any person or entity who or which owns an interest of ten percent (10%) or more in a contractor, subcontractor, or vendor. DEBARMENT. An action taken by the City which results in a contractor being prohibited from bidding or proposing on, being awarded or performing work on a contract with the City. A contractor who has been determined by the City to be subject to such a prohibition is debarred. 2. Effect of Debarment or Suspension. A debarred or suspended contractor is prohibited from bidding or proposing or being awarded or performing work on a contract with the City during the period of debarment or suspension. 3. Debarment or Suspension. The City Manager is authorized to debar or suspend a contractor for just cause. The period of debarment or suspension will be determined by the City Manager in consultation with the Corporation Counsel, on a case by case basis. Debarment or suspension may be lifted for good cause shown. Reasons for debarment or suspension include, but are not limited to, the following: a. Commission of fraud or 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 a contract or subcontract; b. Conviction or indictment under a state or federal statute of embezzlement, theft, forgery, bribery, falsification 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 vendor or contractor; C. Conviction or indictment under a state or federal antitrust statute; d. A finding by a state or federal agency with statutory authority to adjudicate civil rights violations, or by a judge or jury in a state or federal court of competent jurisdiction, that the vendor or contractor has violated state or federal civil rights statutes in its hiring or business practices; e. Failure or default without good cause to perform in accordance with the terms of any contract and the associated supporting documents or unsatisfactory performance of any contract and the associated supporting documents with the City; f. Disqualification or rejection of a bid by the vendor on three (3) or more occasions within a three (3) year period; g. Commission of an act or omission indicating a lack of business integrity or business honesty; h. Debarment, disqualification of suspension by another government entity for any reason; or i. Any federal or state funding that, by law, rule, or regulation, precludes the City from paying a contractor from those funding. -2- 4. Procedure. Before a contractor is debarred or suspended, written notice of debarment or suspension must be provided to that contractor. Such notice must apprise the contractor of the reasons for the debarment or suspension and must inform the contractor of the right to be heard before the City Manager. The City Manager must grant a reasonable opportunity for the debarred or suspended contractor to be heard on the issue of said disbarment or suspension, if the contractor submits a request in writing within, seven (7) calendar days of the mailing of the written notice. The City Manager will make a final determination after consulting with Corporation Counsel. 5. Assignment of Contracts. No contract will be assigned or sublet by the successful bidder without the consent of the City Manager. 6. Prohibited Bidders and Contractors. a. Unless otherwise provided, no contractor will bid or enter into a contract or subcontract under this Subsection if the business or any officer, director, partner, or other managerial agent of the business has been convicted of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953 for a period of 5 (five) years from the date of conviction. b. Every bid submitted to and contract executed by the City and every subcontractor will contain a certification by the bidder, contractor, or subcontractor, respectively, that the bidder, contractor, or subcontractor is not barred from being awarded a contract or subcontract under this Section and acknowledges that the City Manager will declare the related contract void if any of the certificates completed pursuant to this Subsection (b) are false. 7. Debt Delinquency. a. No person will submit a bid for or enter into a contract or subcontract under this Section if that person knows or should know that they or any affiliate is delinquent in the payment of any debt to the City, unless the person or affiliate has entered into a deferred payment plan to pay off the debt. b. Every bid submitted to and contract executed by the City and every subcontract will contain a certification by the bidder, contractor, or subcontractor, respectively, that the contractor or the subcontractor and its affiliate is not barred from being awarded a contract or subcontract under this Section and acknowledges that the City Manager may declare the related contract void if any of the certifications completed pursuant to this subsection (b) are false. 8. Voidable Contracts. —3~ it.*Yels a. If any contract or amendment is entered into or purchase or expenditure of funds is made at any time in violation of this Subsection or any other law, the contract or amendment may be declared void by the City Manager or may be ratified and affirmed, provided the City Manager determines that ratification is in the best interests of the City. If the contract is ratified and affirmed, it will be without prejudice to the City's rights to any appropriate damages. b. If, during the term of a contract, the City Manager determines that the contractor is delinquent in the payment of debt as set forth in Subsection 1-17-1(E)(7), the City Manager, or his/her designee, may declare the contract void if he/she determines that voiding the contract is in the best interests of the City. C. If, during the term of a contract, the City Manager determines that the contractor is in violation of 1-17-1(E)(6), the City Manager will declare the contract void. d. If, during the term of a contract, the contracting agency learns from an annual certification or otherwise determines that the contractor no longer qualifies to enter into City contracts under this Section, the City Manager may declare the contract void if he/she determines that voiding the contract is in the best interests of the City. SECTION 2: Effective immediately, the following companies are debarred under this Ordinance: A Lamp Concrete, Inc., Chicagoland Paving Contractors, Inc., RAI Concrete, Inc., and Continental Construction, Inc. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance will be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity —4— 18-0-18 shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: M'ac�� '� , 2018 Approved: Adopted: Apf 11 l , 2018 �� y 12018 Stephen i . Hag y, a r4 Attest Approved as to form: Devon Reid, City Jerk N.iclhe�Ie—L-. Masoncup, Inte m Corporation Counsel —5~