City targets irresponsible contractors

By ERIC LINDBERG — Oct. 14, 2009

Contractors that use substandard materials, act unethically or don’t meet city-mandated requirements will face stiffer consequences after Santa Barbara city officials approved a debarment process to prevent irresponsible contractors from bidding on future projects.

Prior to yesterday’s decision, the city didn’t have the ability to prevent a malfeasant contractor from bidding on future city contracts simply because it didn’t have the administrative procedure in place.

“Overall, we haven’t had that many problems with [contractors],” said Bill Hornung, the city’s general services manager. “But now with the economy, we’re getting a lot more competition, more people we aren’t familiar with.”

A variety of violations could send a contractor down the debarment path, including criminal offenses such as embezzlement, fraud, bribery, falsifying records, receiving stolen property and bid rigging.

Contractors that act criminally to obtain contracts, refuse to complete contracted work, use substandard materials or fail to install materials as required by a contract will also face debarment.

“This is a way to make sure we get what we pay for,” Hornung said.

He said the city has experienced contractors that falsify certification documents in order to qualify for certain projects, substitute materials that are considered below city standards, and failed to comply with living wage requirements.

The debarment process will involve an informal hearing allowing each side to present evidence, followed by a fair and impartial ruling by a hearing officer. Contractors that have secured significant city contracts in recent years — worth more than $500,000 — would be able to appeal any decision to the city council.

Contractors could face a variety of consequences, ranging from suspensions from bidding on future projects for a certain time period to a permanent debarment, depending on the severity of the violation.

Hornung said the process would protect the city and the public by ensuring fair and open competition and preventing the use of substandard building materials. City leaders voted unanimously to approve the debarment procedures.

“Obviously there are some folks who will sidestep the rules,” said Councilmember Das Williams. “Whether that’s on safety or paying a fair wage, I think it’s a serious issue.”

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corrupt people : 10/14/2009

This criminal contractual fraud has been going on for decades in the whole state at private and state, county and city levels. It has driven our state into the ground as a corrupt state. I am sick and tired of being ripped off as a resident and it makes me sick. I can't understand why the cities, counties and state let this continue on and on they are corrupt too. over and over. It is so corrupt. shame on you bad contractors and gov people. It is criminal and bad contractors need not only to be disbarred but also put in JAIL. ENOUGH!

Mr law will get you

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questions : 10/14/2009

Why are only significant contractors able to appeal? Who would be the hearing officer? Who pays for the hearing officer? It seems like a good idea to protect the citzen's money. I know that the low bid process can result in some very big challenges and mistakes by the contractors - not all costs are apparent and additional staff time and do-overs can jeapodize the funds for other needed work.

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