An ordinance amending Chapter 4.48 of the Metropolitan Code of Laws to establish additional public contracting and procurement restrictions upon nonemployees.
WHEREAS, the Metropolitan Government of Nashville and Davidson County derives substantial benefit from the advice and expertise provided by private individuals and companies in regard to potential capital projects and developments being considered by the Metropolitan Government; and
WHEREAS, Chapter 4.48 of the Metropolitan Code of Laws establishes general ethics regulations in public contracting that are applicable to Metropolitan Government employees as well as nonemployees; and
WHEREAS, the advice and consultation proffered by private individuals and companies regarding a particular Metropolitan Government project may appear less objective if such private entities thereafter seek subsequent contracts from the Metropolitan Government for the construction, installation, or implementation of the proposed project; and
WHEREAS, in the interests of furthering the ethical standards of public contracting regulations for the Metropolitan Government, and ensuring the objectivity of advice and recommendations from private interests, it is fitting and proper that additional regulations be adopted within Chapter 4.48 of the Metropolitan Code of Laws to exclude from public contract consideration those nonemployees who provided pre-approval services or consultation regarding particular projects.
NOW, THERERFORE, BE IT ADOPTED BY THE COUNCIL FOR THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: Chapter 4.48 of the Metropolitan Code of Laws is hereby amended by adding a new section 4.48.115 as follows:
4.48.115 - Restrictions on procurement from nonemployees.
A. Nonemployees who provide services to the metropolitan government regarding the feasibility, cost, design, implementation, or legislative adoption of a particular matter, prior to metropolitan council approval of any particular matter that requires such approval -- including proposed capital projects or developments -- shall be prohibited from subsequent participation in the procurement process, directly or indirectly, in connection with the particular matter, or with any metropolitan government contract related thereto.
B. A violation of this prohibition shall constitute a breach of ethical standards.
C. The restrictions within this section shall be subject to waiver by regulations or rulings of the procurement appeals board, or upon the written determination of the purchasing agent that there is only one source for the required supply, service or goods, pursuant to section 4.12.060 of the Metropolitan Code of Laws.
Section 2. This ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Bob Mendes, Tanaka Vercher, John Cooper, Jim Shulman, Steve Glover, Sheri Weiner, Mina Johnson
AMENDMENT NO. 1
ORDINANCE NO. BL2017-952
Mr. President –
I move to amend Ordinance No. BL2017-952 as follows:
I. By amending Section 1 by deleting proposed subsection 4.48.115.C in its entirety and substituting the following in lieu thereof:
C. The restrictions within this section shall be subject to waiver by regulations of the procurement standards board.
Sponsored by: Bob Mendes
|Introduced:||November 7, 2017|
|Passed First Reading:||November 7, 2017|
|Referred to:||Budget & Finance Committee|
|Deferred:||November 21, 2017|
|Amended:||December 5, 2017|
|Passed Second Reading:||December 5, 2017|
|Passed Third Reading:||December 19, 2017|
|Approved:||December 20, 2017|
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