HomeMy WebLinkAboutCity Council Resolution 05-051RESOLUTION NO. OS-051
RESOLUTION OF THE CITY OF SARATOGA ADOPTING A
CODE OF CONDUCT FOR PROCUREMENT PROCESS
WHEREAS, the City of Saratoga is a member of the West Valley Solid Waste
Management Authority which includes the Cities of Campbell, Monte Sereno the Town
of Los Gatos; and
WHEREAS, the City Council of the City of Saratoga are obligated to comply
with the Political Reform Act of 1974 ("PRA") to control conflicts of interests through,
among other things, disclosure of financial interests; and
WHEREAS, the West Valley Solid Waste Management Authority ("Authority")
is in the process of requesting and receiving proposals for the collection and disposal of
solid waste within the jurisdiction of the Authority ("Procurement Process");
WHEREAS, the City Council of the City of Sazatoga desires to maintain a
professional process free from any undue influence and the appeazance of impropriety by
complying with the PRA and adopting additional regulations regarding the Procurement
Process; and
WHEREAS, at its August 31, 2005, Boazd meeting, the West Valley Solid Waste
Management Authority adopted a "Code of Conduct" resolution for the collection
franchise procurement process. The Board has asked that the City Council of each
member of the Authority adopt Appendix A "Code of Conduct".
THEREFORE, the City Council of the City of Saratoga hereby adopts the Code
of Conduct for the Procurement Process attached hereto as Appendix A
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regulaz meeting held on the 7`h day of September, 2005, by the
Collowu~g vote:
AYES: Councilmembers Nick Streit, Ann Waltonsmith,
Vice Mayor Norman Kline, Mayor Kathleen King
DOES: None
ABSENT: Councilmember Aileen Kao
ABSTAIN: None
A"f PEST:
APPROVED:
~~~ ~~
Kathleen M. King, Mayo
Clerk
APPENDIX A
WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY
CODE OF CONDUCT FOR PROCUREMENT PROCESS
POTENTIAL CONFLICT OF INTEREST. Each Board Member shall inform the
Executive Director of the Authority and each elected official of the Member Agencies ("Elected
Official") shall inform the staff of his or her Member Agency of any potential conflicts of interest
regarding potential proposers for solid waste services for the Authority ("Potential Proposers").
Infornation regarding potential conflicts existing between January 1, 2005, and October 1, 2005,
shall be disclosed no later than October 15, 2005. Information regarding potential conflicts
arising after October 1, 2005sha11 be provided within 10 days of the Board Member or Elected
Official learning of the potential conflict.
CONTRIBUTIONS. No Board Member or Elected Official shall accept any
contributions by Potential Proposers from October 1, 2005, until January 1, 2007. Any
contributions received between September 1 and October 1, 2005 shall be returned. Each Board
Member and Elected Official shall disclose all past contributions from Potential Proposers to the
Executive Director of the Authority.
PROHIBITED CONTACTS. No Board Member or Elected Official shall have non-
public meetings or conversations with Potential Proposers from October 1, 2005, until January 1,
2007, regarding the Procurement Process or any matters involving the Potential Proposers.
However, this section shall not prohibit Board Members and elected officials from meeting with
Potential Proposers for purely social reasons. All Board Members and Elected Officials shall
refer any questions regarding the Procurement Process to the Executive Director of the Authority.
Board Members and Elected Officials shall disclose to the Executive Director of the Authority
any non-public meetings or conversations with Potential Proposers regarding the Procurement
Process which occurred from January 1, 2005, until August 31, 2005. Anon-public" meeting is
any meeting that has not been called and held in accordance with the Brown Act.