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(a) Violations. If a business equity firm, bidder, contractor, business equity firm subcontractor, vendor, or supplier (for purposes of this section, each referred to as an "offender") commits a violations of this article (including payment processing and payment of business equity firm subcontractors) or provides false or misleading information to the city in connection with submission of a bid, responses to requests for qualifications or proposals, good faith efforts documentation, post-award compliance, or commits any other violations of this article, it may result in sanctions in accordance with this section.
(b) Payment reporting. Failure to comply with requirements for payment reporting procedures will result in an offender being locked out the business equity management system until compliance with the business equity management system is achieved.
(c) Payments withheld. Failure to comply with the provisions of the Texas Prompt Payment Act (Tex. Gov't. Code, Chap. 2251) or any successor statute shall authorize the city to withhold payment from the contractor until compliance is attained. Noncompliance may impact bidder evaluation scoring on future city bid opportunities.
(d) All other violations of this article, including persistent payment issues (reporting or payment of subcontractors) will result in the following sanctions:
(1) Warning letter. A formal written warning letter from DVIN that shall become part of the vendor profile and may impact bidder evaluation scoring on future city bid opportunities for up to 12 months.
(2) Non-responsive designation. DVIN will designate an offender as non-responsive if DVIN determines that an offender is not responsive to any requirements of this article. This designation shall prevent offenders from bidding on contracts for up to six months or until compliance is met as determined by DVIN, whichever is earlier.
(3) One-year debarment. Continued failure of an offender to comply with this article may result in offender being debarred for a period of time of not less than one year.
(4) Three-year debarment. An offender who intentionally and/or knowingly misrepresents material facts may be debarred for a period of time of not less than three years.
(e) Debarment procedure.
(1) DVIN shall determine whether debarment of an offender is appropriate. If it decides in the affirmative, DVIN shall send a written statement of facts and a recommendation for debarment to the city manager. The city manager, after consultation with DVIN and the city attorney's office, shall ultimately decide whether debarment is appropriate. If the city manager upholds DVIN's recommendation for debarment of an offender, the city manager shall send a certified notice to the offender informing them of the debarment.
(2) An offender that receives notification of debarment may appeal to the business equity board by giving written notice within ten days from the date of receipt of notice of debarment to the city manager and the business equity board of its request for an appeal of the debarment.
(Ord. 24534-11-2020, § 1, passed 11-17-2020, eff. 1-1-2021; Ord. 25165-10-2021, § 1, passed 10-19-2021)
The business equity board shall conduct a hearing within 30 days from the date of receipt of the request for any appeal of this article, unless the appellant requests an extension of time. The business equity board will notify the appellant of the hearing time and location.
(a) The appellant shall be afforded an opportunity to appear with counsel if they so desire, submit documentary evidence, and confront any witness that the city presents at the hearing.
(b) The business equity board shall render its decision not more than thirty (30) days after the hearing and send a certified notice to the appellant.
(c) If the business equity board upholds the sanctions, the appellant may appeal to the city manager within ten days from the date of receipt of the business equity board's decision by giving written notice to the city manager. The city manager has the final determination whether to uphold the sanctions assigned by the business equity board.
(Ord. 24534-11-2020, § 1, passed 11-17-2020, eff. 1-1-2021; Ord. 25165-10-2021, § 1, passed 10-19-2021)
This article is an exercise of the city's police power to promote regulation of metal recycling entities through the recovery of stolen property. In addition to state law, the city seeks to provide additional licensing, recordkeeping requirements, and enforcement procedures, that will enable the Fort Worth police department to identify and recover public and private property composed of certain metal that may have been illegally appropriated.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
In this article:
CHIEF OF POLICE. The chief of police for the City of Fort Worth, or a designated representative.
CLEAR DIGITAL STILL COLOR PHOTOGRAPH. A photo, of a resolution approved by the chief of police, which accurately depicts the image being captured.
CLEAR AND LEGIBLE THUMBPRINT. An intentional recording of the friction ridge detail on the volar pads of the thumb.
LICENSEE. A person in whose name a license has been issued under this article or a person listed as an applicant on the application for a license.
METAL RECYCLING ENTITY. Shall have the meaning assigned under Tex. Occupations Code § 1956.001(7).
PERSON. An individual, partnership, corporation, joint venture, trust, association and any other legal entity.
PERSONAL IDENTIFICATION DOCUMENT. Shall have the meaning assigned under Tex. Occupations Code § 1956.001(8).
PURCHASE TRANSACTION. A transaction in which a metal recycling entity gives consideration in exchange for regulated material.
REAL-TIME ELECTRONIC WEB-BASED DATABASE. The electronic filing system approved by the chief of police in which data is organized by fields and records, and that is capable of transmitting a file or responding to input immediately via the internet.
REGULATED MATERIAL. Shall have the meaning assigned under Tex. Occupations Code § 1956.001(9).
SELLER. Any person who, in a purchase transaction, receives consideration from a metal recycling entity in exchange for regulated material.
(Ord. 21615-01-2015, § 1, passed 1-27-2015)
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