Sec. 28-27. Responsibility of bidders, offerors and respondents.

   Sec. 28-27(1). Findings of nonresponsibility. If a bidder, offeror or respondent who otherwise would have been awarded a contract is found nonresponsible, a written finding of nonresponsibility, setting forth the basis of the finding, shall be prepared by the contract officer. The unreasonable failure of a bidder, offeror or respondent to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a finding of nonresponsibility with respect to such bidder or offeror. The written finding shall be made part of the contract file and be made a public record.

   Sec. 28-27(2). Right of nondisclosure. Confidential information furnished by a bidder, offeror or respondent in response to an inquiry of responsibility pursuant to this section shall not be disclosed by the city outside of the department, using agency, or individuals involved in the evaluation process without prior written consent by the bidder, offeror or respondent. Confidential information shall be identified and managed in accordance with section 28-5.

   Sec. 28-27(3). Factors. Factors to be considered in determining if a prospective contractor is responsible include:

   (a)   The proposed contractor's financial, physical, personnel or other resources, including subcontracts;

   (b)   The proposed contractor's record of performance and integrity;

   (c)   Whether the proposed contractor is qualified legally to contract with the city; and

   (d)   Whether the proposed contractor supplied all necessary information concerning its responsibility.

   Sec. 28-27(4). Responsibility criteria. The contract officer may establish specific responsibility criteria for a particular procurement. Any specific responsibility criteria shall be set forth in the solicitation.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-28. Bid and contract security, material or service contracts.

The director may require the submission of security to guarantee faithful bid and contract performance. In determining the amount and type of security required for each contract, the director shall consider the nature of the performance and the need for future protection to the city. The requirement for security must be included in the invitation for bids, invitation for reverse auction bids or request for proposals. Failure to submit security in the amount and type of security required may result in the rejection of the bid or proposal.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-29. Reserved.

Sec. 28-30. Reserved.

Sec. 28-31. Multi-term contracts.

Unless otherwise provided by law, a contract for materials, services or construction may be entered into for any period of time deemed to be in the best interest of this city, if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and monies are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)

Sec. 28-32. Right to inspect.

The city may, at reasonable times, inspect the part of the plant or place of business of a contractor, consultant or any subcontractor or subconsultant that is related to the performance of any contract awarded or to be awarded by this city.

(Ord. No. 10404, § 1, 5-15-07)

Sec. 28-33. Right to audit records.

   Sec. 28-33(1). The city may, at reasonable times and places, audit the books and records of any person who submits cost or pricing data as provided in article VII of this chapter to the extent that the books and records relate to the cost or pricing data. Any person who is awarded a contract, change order or contract modification for which cost or pricing data is required shall maintain the books and records that relate to the cost or pricing data for three (3) years from the date of final payment under the contract, unless otherwise specified in the contract.

   Sec. 28-33(2). The city is entitled to audit the books and records of a contractor, consultant or any subcontractor or subconsultant under any contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and records shall be maintained by the contractor for a period of three (3) years from the date of final payment under the prime contractor or consultant, and by the subcontractor or subconsultant for a period of three (3) years from the date of final payment under the subcontract, unless otherwise specified in the contract.

   Sec. 28-33(3). All contractors, consultants, subcontractors, and subconsultants participating in city contracts are required to cooperate fully and promptly with the city in reviews, investigations and other requests for information that are related to the performance of any contract awarded or to be awarded by this city.

(Ord. No. 10404, § 1, 5-15-07; Ord. No. 11296, § 1, 8-5-15)