Frequently Asked Questions
Does the ordinance affect the public’s ability to talk to the Mayor or Council Members (Elected Officials)?
Communications between Elected Officials and the public are not affected.
What communications between a Proposer and an Elected Official are regulated?
A communication is essentially any contact between a Proposer and an Elected Official relating to the pending procurement. If the communication is not exempt or permissible under the Ordinance, it should not take place. Proposer communications unrelated to a pending procurement are permissible.
What is a “Competitive procurement process?”
A competitive procurement process includes a request for proposals (RFP), request for qualifications (RFQ), and competitive bidding, finally acted on by Council. The process begins on issuance of official notice of announcement of competitive bidding, RFP’s or RFQ’s, and ends when Council finally awards a contract, or rejects all bids or offers. (See links to “Current Bids” and “Bids Opened” listed below to see which projects are currently subject to the ordinance).
Who is a “Proposer?”
A Proposer is one who submits a proposal, bid, or statement of qualifications for which the Council is the final decision making body.
What happens if a Proposer impermissibly communicates with an Elected Official?
Communications between a Proposer and Elected Officials during the procurement process must be disclosed in writing to the Purchasing Agent and City Clerk within 24 hours or the next business day, or be: a. A statement made in Regular or Special Council meetings. b. Simultaneously delivered to all elected officials and the Purchasing Agent. c. Routed through the Purchasing Agent for inclusion in the record. The City may also impose sanctions in certain cases.
If sanctions are imposed, what are the sanctions and who can be sanctioned?
Sanctions can include disqualification, finding of non-responsibility, or setting aside an awarded contract. Only a Proposer in violation of the ordinance is subject to sanctions.