EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Kraft
A BILL ENTITLED
AN ORDINANCE concerning
Title
Debarment from City Contracts - Applicable Offenses
FOR the purpose of adding certain offenses to those for which a person may be debarred from entering into contracts with the City.
Body
BY repealing and reordaining, with amendments
Article 5 - Finance, Property, and Procurement
Section(s) 40-7
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 5. Finance, Property, and Procurement
Subtitle 40. Debarment from City Contracts
§ 40-7. Violations of other laws.
(a) Judgments.
The Board may debar a person from entering into a contract with the City if that person, or a principal of that person, or any other person substantially involved in that person's contracting activities:
(1) has been convicted under the laws of the City, this State, another state, or the United States of:
(i) a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or
(ii) fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;
(2) has been convicted of a criminal violation of an antitrust statute of this State, another state, or the United States;
(3) has been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act or of the Mail Fraud Act for acts in connection with the submission of bids or proposals for a public or private contract;
(4) has been convicted of a violation of Title 14 {"Preferences"}, Subtitle 3 {"Minority Business Participation"} of the State Finance and Procurement Article;
(5) HAS BEEN CONVICTED OF A CRIMINAL VIOLATION OF AN ENVIRONMENTAL, LABOR, BUILDING, OR ZONING LAW OF THE CITY, THIS STATE, ANOTHER STATE, OR THE UNITED STATES;
(6) [(5)] has been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described in paragraphs (1) through (5) of this subsection;
(7) [(6)] has been found civilly liable under an antitrust statute of this State, another state, or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or
(8) [(7)] has been found in a final administrative determination to have violated the City's Commercial Non-Discrimination Policy, as set forth in Subtitle 29 of this article.
(b) Admissions.
The Board may debar a person from entering into a contract with the City if, during the course of an official investigation or other proceeding, that person, or a principal of that person, or any other person substantially involved in that person's contracting activities has admitted, in writing or under oath, an act or omission that constitutes grounds for conviction or liability under any law described in subsection (a) of this section.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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