(a) A contractor may be debarred, based upon a preponderance of the evidence, for:
(1) Violation of the terms of a City contract or subcontract, or a contract or subcontract funded in whole or in part by City funds, such as failure to perform in accordance with the terms of one or more contracts; or the failure to perform, or unsatisfactory performance of one or more contracts;
(2) Failing to comply with state, federal or local laws or regulations applicable to the performance of a contract;
(3) Violation of a City ordinance, City procurement or other policies or administrative order that has the gravity or sufficiency to justify debarment. The Inspector General shall make a determination on whether the violation has reached a level justifying debarment based upon the totality of the circumstances creating the violation;
(4) Knowingly, or negligently using a debarred contractor as a subcontractor;
(5) Evidence of (i) the contractor or the contractor’s officers or owners, or (ii) any person or entity having a direct or indirect financial or beneficial interest in the contractor or its operations; engaging in a criminal offense or civil misconduct that evidences a lack of business integrity or business honesty, including but not limited to, embezzlement, theft, theft of services, forgery, bribery, fraud, tax evasion, falsification or destruction of records, making false statements, or receiving stolen property, or violations of laws relating to the obtaining or performance of public contracts;
(6) Submission of false or misleading documentation, or making false or misleading statements;
(7) Submission of false or misleading information provided to the City in an attempt to secure certification as a Detroit-based, Detroit-headquartered, or Detroit-resident business, as defined in Section 18-5-1 of this Code.
(8) Failure to report unethical conduct by a public servant that has a duty to the City of Detroit; or
(9) Any other conduct that evidences the inability of the contractor to act responsibly in its conduct on behalf of the City.
(b) The conduct giving rise to the debarment may be based upon actions taken in connection with work undertaken for the City, or other public entities, or private entities.
(c) There is no statute of limitations on investigations, findings of violation of the debarment policy or the initiation of debarment proceedings.
Amended by Ord. No. 07-19 (JCC 3/19/2019, Passed 5/7/2019, Approved 5/13/2019, Published 6/17/2019, Effective 6/17/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).