City Commission Introduces Ordinance Increasing Restrictions on Vendor Contact, Modifications to “Cone of Silence”

City Commission Introduces Ordinance Increasing Restrictions on Vendor Contact, Modifications to “Cone of Silence”

At the July 8 meeting, the City Commissioners introduced an ordinance that increases restrictions on contact between the City and vendors during competitive solicitation for goods and services. Ordinance 20-O-04 amends Section 2-357 of the Code of General Ordinances.

Notably, the ordinance will change the effective date of the “cone of silence”—the period of time when communications are prohibited between the City and a vendor. Under the ordinance, the “cone of silence” will begin on the date and time when the solicitation is publicly released. Currently, the cone of silence begins on the submission due date of the solicitation response.

According to the meeting agenda, the modifications to Section 2-357 include:

• Clarifies that the prohibited communications period—commonly referred to as a “cone of silence”—goes into effect at the date and time a competitive solicitation is released to the public. The current language has the prohibited communication beginning on the date the solicitation response was due to be submitted.
• Specifies that any communication during the “cone of silence” must be directed to the Procurement Services Division or the assigned Purchasing Agent. A vendor or their representative may not communicate with a City Commissioner or commissioner’s staff, or any city employee serving on a competitive solicitation evaluation committee during the “cone of silence.”
• Removes the provision exempting purchases less than $50,000 from the prohibited communications period.
• Establishes repercussions should a vendor or their representative engage in prohibited communications during the “cone of silence.” This includes disqualification from the solicitation process, rejection of any bid received, or termination of any resulting contract as determined by the Procurement Manager. In addition, engaging in prohibited communications shall be grounds for suspension or debarment of a vendor, person or their representative under this code for one year.

Staff reports that the modifications will reduce the likelihood of conflicts of interest and strengthen ethical standards for communications between the City and vendors.

The public hearing for Ordinance 20-O-04 is scheduled for Sept. 9, 2020.

6 Responses to "City Commission Introduces Ordinance Increasing Restrictions on Vendor Contact, Modifications to “Cone of Silence”"

  1. Here’s one way to significantly reduce favoritism and or corruption in city management. Limit terms of city commissioners to one term and do not provide a salary or benefits. Yes, it is true it would limit the commission to those who could afford to be a city commissioner but it would make the job one of service to the community and not service to ones self. In addition, when it become a bad thing to bring successful business or public service experience to elected office? By making the incentive to serve one of service with no motive to vote on issues other than what is right and not what will help get votes n the next election the opportunity for corruption is significantly reduced if not eliminated.

  2. Wow this will be as effective in nipping corruption in the bud as “THE CONE cone cone con OF SILENCE silence silence sil” was in the 1960’s comedy TV show “GET SMART”.
    I made hidden reference to another 1960’s comedy TV show above.
    Did you catch that?

  3. If you want to reduce the likelihood of conflicts of interest and strengthen ethical standards then you need to also Ban ALL Contributions from any Company that HAS Been, IS or will be a Vendor of the City from Donating to any Campaigns for City Office.

    1. You’re on the right track there @Tony….Let’s also prohibit contributions from any individual that would receive any benefit from the winning bid, like family members, employees or close friends, and once you’ve made a political contribution you cant bid on any city/county project for 5 years. This should also apply to dishonest shell companies (as in Governance) set up for the purpose of laundering illegal contributions. Thank you Scott Maddox.

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