Res 2017-075/amending the ethical criteria for the award of City Contracts previously adopted by Resolution 2010-145R

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EXHIBIT “A” Ethical Criteria for the Award of City Contracts Disqualification from award of city contracts: No contract for construction or services, including architectural, engineering or other professional services, shall be awarded to any person, firm, corporation, partnership, or other entity (including subsidiaries) that has been convicted of a criminal offense committed within the United States of America involving fraud, theft, bribery, kickbacks, or unlawful gifts to a public official if the conviction occurred within three years immediately preceding either the date of submission of a bid, proposal, or statement of qualifications or the date of award of the contract. A bid, proposal, or statement of qualifications from an entity disqualified under this provision shall not be considered for any purpose. Reportable conditions: Every bid, proposal, or statement of qualifications submitted for the award of a contract by the City of San Marcos shall include disclosures concerning the following reportable conditions which may be considered in determining the responsibility of a bidder or the qualifications of an entity proposing to perform construction work or provide services (including architectural, engineering, or other professional services) for the city: 1.Pending investigation or criminal prosecution of a criminal offense alleged to have been committed within the United States of America involving fraud, theft, bribery, kickbacks, or unlawful gifts to a public official. 2.Pending claims, investigations, or civil litigation involving allegations of fraud, misrepresentation, or conversion. Previous final judgments against the entity for breach of contract, fraud misrepresentation, or conversion. 3.False statements in a statement of bidder’s qualifications submitted to the City of San Marcos or any other public sector entity. 4.Contractor or proposed subcontractor previously cited for safety violations. 5.Contractor or proposed subcontractor previously cited for improper disposal of demolition/construction debris, or contaminated/hazardous materials. 6.Failure to timely pay/remit sales tax, property tax, or utility payments to the City of San Marcos. 7.Previous unauthorized substitution of materials not meeting contract specifications. 8.Previous failure to obtain bonds/insurance or refusal to execute a contract following an award by the San Marcos City Council. 9.Violation of the anti-lobbying provisions in a current or previous City of San Marcos procurement process by making contact with a member of the San Marcos City Council prior to the award of a contract. City staff shall disclose each of the foregoing reportable conditions to the City Council prior to the date of award of a contract to allow the City Council to make a determination regarding the responsibility or qualifications of an entity to perform the work or service.