04-140Council File # �� � � �Q
Ordinance #
Green Sheet # �p��
Presented By
Referred To
Committee Date :
1 An administrative ordinance to amend the Saint Paul Administrative Code Chapter 95,
2 Debannent or Suspension of Contractors, to facilitate title changes witYtin the contract and
3 analysis services section and to change the debarment review committee members from the
4 director of finance and management services, the director of human rights and a building official
5 to three managers designated by the mayor or deputy mayor.
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8 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
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Section 1
Section 95, Debarment or Suspension of Contractors, of the Saint Paul Administrative Code is
hereby amended to read as follows:
Sec. 95.04. Effect of action.
(a) Except to the extent prohibited by law, persons who are debarred or suspended shall be
excluded from covered transactions as either participants or principals throughout the
operations of the city for the period of their debarment or suspension. Accordingly, no
employee or agent of the city shall enter into covered transactions with such debarred ar
suspended person during such period, except as pernvtted pursuant to Section 95.03(b).
(b) Notwithstanding the debannent or suspension of any person, city and participants may
continue covered transactions in existence at the tune the person was debaned or
suspended. A decision as to the type of termination action, if any, to be taken should be
made only after thorough review to ensure the propriety of the proposed action.
(c) The city shall not enter into or renew or extend covered transactions with any person or
affiliate who is debarred or suspended. Extensions shall include change orders to
contracts already in effect unless specific written authorization for the change order has
been issued be the debarment review committee.
(d) No affiliate, participant, person, principal ar respondent who has been deban or
suspended in accordance with this chapter may contract not receive the benefits from any
contract where the city is a funding source for the contract through an intermediary so
long as the period of debannent or suspension is in effect. Th
manager of the coniract and analvsis services section of the office of financial services
ORDINANCE
CITY OF SAINT PAUL,IVIINNESOTA
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("CAS manaeer"� sha11 cause language to be inserted in the bids or contract forms to ���1��
reflect this provision.
(e) No affiliate, participant, person, principal ar respondent shall be awarded any contract if,
after being deban or suspended and with six (6) months thereafter, it reconstitutes or
reforms itself in such a way as to avoid the effect of debannent or suspension. Such a
detennination will be made by the CAS manager applying the
standatds set forth concerning evidence of control as set forth in the definition of affiliate.
Section 2
Secrion 95, Debazment or Suspension of Contractors, of the Saint Paul Administrative Code is
hereby amended to read as follows:
Sec. 95.06. Debarment process.
(a) The contract and anal��s services section shall have responsibility
for coordinating any debarment proceedings for the city and shall be responsible for
receiving all requests for debarment, administering the proceedings, maintaining the
official records, and maintaining and disseminarion lists of debarred persons
organizations.
(b) Inforxnation concerning the existence of a cause far debarment from city staff ar a private
complainant sha11 be promptly investigated and the results referred to the ptttekasing
sqsEems CAS manager. If the purekasing-sqstems CAS manager determines that no cause
exists to commence the debarment proceedings, the CAS manager shall issue a summary
written statement as to the essentials of the complaint with a brief explanation as to the
reasons for not proceeding with debarment.
(c) If the p�singspsten�s CAS manager determines that just cause exists to commence
debarment proceedings, the manager shall issue a notice of the proposed debarxnent
proceedings to the party or participant having a covered transaction with the city. The
notice shall advise the pariy or participant of the following:
(1)
�2)
That debarment is being consadered;
The reasons or causes for proposed action in terms sufficient to put the person or
participant on notice of the conduct or transaction(s) upon which it is based;
(3) The potential effect of the proposed action;
(4)
(S)
That the person or participant is entitled to be heard and to submit information
relevant to the transaction(s) involved for consideration;
The timeline and process for submitting materials and complering the review
process.
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48 (d) Within fifteen (15) working days of receipt of a notice of proposed debannent any person
49 or participant, including any affiliate thereof, desiring a hearing shall file a written request
50 for a hearing with the pm�ei��sing systetn CAS manager. If no request is filed within the
51 time limit, the proposed decision to debar shall be final.
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1 (e) Upon receipt of a written request from a person or participant, the pun�g-sqstem ��,"��
2 CAS manager shall arrange a hearing before the debarment review committee as soon as
3 possible, but no later than thirry (30) days after receipt.
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5 ( fl The debannent review committee shall consist of
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7 three managers desi am ted bv the mayor or deputv mayoz Any two (2) sha11 constitute a
8 quorum.
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10 (g) After the person or participant has been afforded an opporhxnity to meet adverse
11 testimony or evidence by cross-examination and rebuttal evidence and to be heard
12 otherwise, the coxnmittee shall make a written determination on the evidence presented,
13 including, where appropriate, any evidence of mitigating circumstances. If it is proposed
14 that the sanction include an affiliate, the committee shall indicate whether and to what
15 extent the determination applies to the affiliate. The committee's determination shail be
16 transmitted to all affected parties by certified mail, retum receipt requested.
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(h) The cause for debannent must be established by a preponderance of the evidence. If the
debarment is based upon a criminal conviction, a civil judgment arising out of it normal
business affairs or debarment by a federal or state agency, the standard shall be deemed to
have been made.
(i} The city has the burden of pxoving cause for debannent. The person or participant has the
burden of proof for establishing mitigating circumstances.
(j) Each determination of the committee shall become a part of the record. If the decision is
not to impose debannent, the person or participant shall be given prompt notice of that
decision. A decision not to impose debarment shall be without prejudice to a subsequent
imposition of debannent. If the decision is to debar, a final norice shall be issued to the
respondent containing the following information:
(1)
�2)
(3)
(4)
A reference to the notice of the action and any hearing or fact finding conference;
The specific reasons for the action;
The period of debarment, inciuding effective dates; and
A listing of transactions covered by the debarment.
Section 3
Section 95, Bebarment or Suspension of Contractors, of the Saint Paul Administrative Code is
hereby amended to read as follows:
Sec. 95.07. Process for appeal.
(a) Any person or participant adversely affected by a decision of the committee may, within
fifteen (15) days from the date thereof, appeal the decision to the city council by filing a
notice with the city cierk. The city clerk shall assign a date for a hearing on the appeal
which shall be heard no later than fifteen (15) days thereafter. Notice thereof shall be
mailed by the purc;���singsystem CAS manager to the person or participant initiating the
appeal.
(b) The council shall consider the evidence contained in the minutes, findings and �' ��-t,�
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conciusions of the committee and shall not consider any factual testimony not previously
submitted and considered. After receipt of the committee's minutes, findings and
conclusions, the council shall provide the person or participant an opportunity to present
oral or written arguments alleDing error on the part of the committee in the application of
the law or interpretation of the facts and to present argument related to the committee's
decision. Upon conclusion of that hearing and after consideration of the committee's
minutes, findings and conclusions, together with such additional azguments presented at
the hearing, the council shall determine what, if presented at the hearing, the councii shali
deternune what, if any, adverse acrion shali be taken, which action shall be by resolution.
The council may modify or reject the decision of the committee upon a finding of enor,
but otherwise shall accept the decision as rendered.
Section 4
Section 95, Debarment or Suspension of Contractors, of the Saint Paul Administrative Code is
hereby amended to read as follows:
Sec. 95.09. Human rights violations.
(a) Whenever the partiirasing CAS manager shall receive a request for a debannent
based on violation of Chapter 183 of the Legislative Code or other federal or state civil
rights, affirmative action, or equal employment law, the request shall be forwarded to the
director of the human rights office.
(b) Any debarment referred to the directar shall be handled in accordance with Chapter 183
of the LeD slative Code.
(c) If the human rights director initiates a debannent process, whether as a result of a direct
request, or as a result of a referral from the pttre}msing-sqstenrs CAS manager, the director
shall notify the debarment review committee of the outcome of the process and transmit
copies of any written decisions.
Section 5
Section 95, Debannent or Suspension of Contractors, of the Saint Paul Administrative Code is
hereby amended to read as follows:
Sec. 95.10. Debarment records.
All documents and other data assembled pursuant to this chapter shall be handled and
retained by the contract and analysis services section in accordance with
applicable local and state data retention policies.
Section 6
Section 95, Debarment ar Suspension of Contractors, of the Saint Paul Administrative Code is
hereby amended to read as follows:
Sec. 95.11. Business licensing.
(a) Whenever a debannent action is completed against a participant who is also a holder of a
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business license from the caty, the intrchasing-spstems CAS manager shall transmit a copy
of the written debarment decision along with copies of the materials assembled during the
debannent process to the city license inspector. Within ten (10) working days of receipt
of the decision and the materials, the license inspector shall determine whether to
connmence an adverse license hearing. Any such adverse hearing initiated shaii be
handled in accordance with section 310.05 of the Legislative Code.
(b) Any adverse acrion taken by the city concerning the license of any person based on the
breach of contractual responsibilities shall be referred to the CAS
manager for a deternunation as to whether debarment proceedings hereunder should be
commenced.
Section 7
That this ordinance revision shall take affect and be in force thirty (30) days after its passage,
approval and publication.
o�t-��a
Requested by Department of:
By:
Adopted by Council: Date ✓ ` °�
Adoptlon Certified by Council Secretary
By:
Approved by
Bl':
�� Gree� Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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Departmem/office/council: Date Initiated: �� _'�
Mo --M��s«�� ,�-��-� Green Sheet NO: 3010325
CoMad Person & Phone- Deoartment Sent To Person initiaUDate
Reyne RofuN � 0 a or•s Office
266-8710 /�i9n 1 or's O �ce
Must Be on Council F�qenda by (Date): Number 2 ouncii
For
Routing
Order
Total # of Signature Pages, (Clip AII Locations for Signature)
Action Reqaested: .
Changes to Adnvnislrative C)rdinance, Chapter 95.
Recommendations: Approve (A) or Rejed (R): Personal Service CoMrects Must Mswer tfie Following Questions:
p ���� CO ��� wR 1. Has Nis persoNfirm ever worketl under a contract for this departrnenY?
CIB Committee Yes No
Civii Service Commission 2. Has fhis person/firtn ever been a ciry employee?
Yes No
3. Does this personJfirtn passess a skilt not no�mally possessed by any
current aty employee?
Yes No
6cpfain afl yes answers on separate sheet and aNach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Adnvnistrative Ordinance Code changesto Chapter95. See attached.
Advantages N Approved:
See above.
DisadvantageslfApproved:
None.
Disadvarrtages If Not Approved:
Changes not made.
Total Amount of Q CostlRevenue Budgeted: §„
Transaction: y ��� r ��.'? �e��-��.Y�`�? �
Funding Source: Activity Number.
Financiallnformation: B�q�} � E�3 ��5��
(ExPWin) °�