Downey Municipal Code Part 1 General Provisions

The purpose of this chapter is to establish standards of responsibility for all contractors who do business with the City of Downey and to set forth the procedure for debarment of any contractor who does not meet those standards.

(Added by Ord. 05-1173, adopted 5-24-05)

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Added by Ord. 05-1173, adopted 5-24-05)

"Agency" means the Downey Community Development Commission.

(Added by Ord. 05-1173, adopted 5-24-05)

"Claim" means any request or demand for money, compensation or consideration made to any employee, officer, or agent of the City, or to any contractor, in conjunction with goods, services, labor or materials provided to the City pursuant to a City contract or purchase order.

(Added by Ord. 05-1173, adopted 5-24-05)

"Contractor" means any person or entity, including consultants and consulting firms, which, pursuant to a written agreement or purchase order, directly or indirectly provides goods, services, labor or materials in exchange for city funds.

(Added by Ord. 05-1173, adopted 5-24-05)

"Interested person" means any person who has filed a complaint alleging grounds for debarment or any person who has requested notice of debarment proceedings under this chapter.

(Added by Ord. 05-1173, adopted 5-24-05)

"Knowingly" means that a City contractor or subcontractor, with respect to information germane to the contract, does any of the following:

(a) Has actual knowledge of the information;

(b) Acts in deliberate ignorance of the truth or falsity of the information;

(c) Acts in reckless disregard of the truth or falsity of the information;

(d) Proof of specific intent is not required and reliance on the claim by the City is also not required to demonstrate knowledge.

(Added by Ord. 05-1173, adopted 5-24-05)

"Subcontractor" means any person or entity, including consultants and consulting firms, which, pursuant to an agreement or purchase order with a City contractor or another subcontractor, participates in the provision of goods, services, labor or materials to the City.

(Added by Ord. 05-1173, adopted 5-24-05)

The act of "submitting a false, untrue or misleading claim" shall include, but not be limited to, any of the following acts:

(a) Presenting or causing to be presented to an officer or employee of the City a false claim or request for payment or approval;

(b) Making, using or causing to be made or used a false record or statement, including, but not limited to, submitting a false payroll record or false characterization of employee classification, in order to have a false claim paid or approved by the City;

(c) Conspiring to defraud the City into honoring or paying a false claim;

(d) Failing to disclose and correct an inadvertent submission of a false claim to the City upon subsequently discovering the falsity of the claim within a 12 month period of time after discovery of the false claim.

(Added by Ord. 05-1173, adopted 5-24-05)