§ 7.903. Suspension and Debarment.

A.

Authority to Debar or Suspend. In accordance with the provisions of this Section, the Chief Procurement Officer, after consultation with the City Attorney's Office, shall have the authority to debar an actual or prospective contractor for cause from consideration for award of contracts. The debarment shall be for a period of not more than five (5) years from the date of the final determination of debarment. Upon initiation of debarment proceedings, the Chief Procurement Officer, after consultation with the City Attorney's Office, shall also have the authority to suspend an actual or prospective contractor from consideration for award of contracts pending the final debarment determination. The suspension shall be for a period of one (1) year or until a final determination with respect to debarment is made, whichever is earlier.

B.

Causes for Debarment. The causes for debarment shall include, but are not limited to, the following:

1.

Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or incident to the performance of such contract or subcontract.

2.

Conviction under state or federal statutes for embezzlement, theft, forgery, bribery, falsification or destruction of records, receipt of stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects its responsibility as a contractor.

3.

Conviction or civil judgment finding under state or federal antitrust statutes arising out of the submission of bids or proposals.

4.

A determination by a court, hearing officer, administrative official, or any local, state, or federal governmental entity or agency that the contractor has violated the provisions of any local, state, or federal laws or regulations.

5.

Commission of any fraud or misrepresentation in connection with a bid, quotation, proposal, solicitation, or contract with the City or other public entity, whether or not leading to a conviction.

6.

Violation of a material solicitation/contract provision with the City or any other person or public entity, including, but not limited to the following:

a.

Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in a bid/contract;

b.

Abandonment of a contract;

c.

Failure to pay a contractor, sub-contractor, or material provider as required by Florida Statutes;

d.

Repudiation of a bid/contract by failure to provide bonds, insurance, or other required certificates within a reasonable time period;

e.

Refusal to accept an addendum, agreement or contract, or to perform thereon provided such addendum, agreement or contract was issued timely and in conformance with the bid or solicitation received; or

f.

Overall performance of a contract which has been evaluated as "poor" or "unsatisfactory".

7.

A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more bids/contracts with the City or any other person or public entity; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment.

8.

Presence of principals or corporate officers in the business or concern, who were principals or corporate officers within another business at the time when the other business was suspended or debarred within the last five (5) years under the provisions of this section or by another public entity.

9.

Violation of an ethical standard as set forth in City Code, including Article XII of this Procurement Code.

10.

Any other cause or material factor which adversely affects the responsibility of a person or entity as a City contractor, including but not limited to suspension or debarment by another governmental entity for any of the causes listed in this section.

C.

Notice of Intent to Debar. Upon a preliminary determination by the Chief Procurement Officer that cause exists for debarment, a contractor or prospective contractor shall be sent a written notice of intent to debar. Such notice shall state:

1.

The reasons for the proposed debarment;

2.

The proposed length of the debarment;

3.

That the preliminary finding of cause and proposed debarment action shall become final, if a request for review is not timely filed in accordance with the provisions of subsection D below;

4.

Whether the person has been suspended pending finality of the debarment determination; and

5.

That suspended and/or debarred persons may not be considered for award or receive new contracts during the period of suspension and/or debarment.

D.

Request for Review. A contractor or prospective contractor that has received a notice of intent to debar may request that the proposed debarment action be reviewed and reconsidered. Such request must be received by the Chief Procurement Officer in writing within ten (10) calendar days of issuance of the notice of the intent to debar. Such request for review and reconsideration shall state the basis for review and reconsideration, and shall include such documents, evidence, and other information as the requesting party deems necessary to support its position. If no request for review and reconsideration is received within the time period allowed, the determination of the Chief Procurement Officer that cause exists for debarment and the proposed length of the debarment shall become final and all rights to request review or appeal shall be deemed waived.

E.

Review. Upon timely filing of a written request for review, the Chief Procurement Officer shall review and reconsider the preliminary determination of cause for debarment, with or without a meeting or hearing with the party requesting review, at the option of the Chief Procurement Officer. The Chief Procurement Officer may request information from, and speak individually or collectively to, any people or entities having information relevant to the debarment determination. The Chief Procurement Officer shall render a written decision on the request for review and reconsideration, which shall include the Chief Procurement Officer's final debarment decision and action taken, if any, within thirty (30) calendar days following receipt of the request. The time for rendering a written decision may be extended by the City's Chief Financial Officer in the best interest of the City.

F.

Appeal of the Chief Procurement Officer's Decision. The decision of the Chief Procurement Officer may be appealed by the person proposed for debarment to the Chief Financial Officer and, thereafter, to City Council in accordance with the provisions and time frames set forth in Section 7.900 G through J.

G.

Debarred and Suspended Persons List. The Chief Procurement Officer shall maintain a list of suspended and debarred persons. Persons which have been suspended or debarred shall be precluded from responding to solicitations or receiving awards of contracts from the City during the period of their suspension or debarment. Any bid or other response received from such a party during the period of their suspension or debarment shall be disregarded and not evaluated for potential award.

H.

Other Remedies. Nothing in this section shall limit the City from pursuing other legal or contractual rights or remedies against a suspended or debarred person, including but not limited to during the pendency of any proceedings related to suspension or debarment.

(Ord. No. 2012-44, §§ 1, 2(Att. A), 11-5-2012, Doc. #1211051201)