§ 2-276. Suspension and debarment.

(a)

Authority to debar or suspend. In accordance with the provisions of this section, the city manager, 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 years from the date of the final determination of debarment unless the contractor has been previously debarred by the city in which case any subsequent debarment shall be permanent. Upon initiation of debarment proceedings, the city manager, 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 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)

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)

Failure to fully comply with the conditions, specifications or terms of a bid, quotation, proposal or contract 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, subcontractor, 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 under the provisions of this section or by another public entity.

(9)

Violation of any ethical standards set forth in local, state or federal law.

(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)

Permanent debarment. In the event that a contractor has previously been debarred by the city for a period of five years or less pursuant to this section, and cause exists for a subsequent debarment of the contractor pursuant to subsection (b) above, said debarment shall be permanent.

(d)

Notice of intent to debar. Upon a preliminary determination by the city manager 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 (e) 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.

(e)

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 shall be received by the city manager in writing within ten 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 city manager 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.

(f)

Review. Upon timely filing of a written request for review, the city manager 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 city manager. The city manager may request information from, and speak individually or collectively to, any people or entities having information relevant to the debarment determination. The city manager shall render a written decision on the request for review and reconsideration, which shall include the city manager's final debarment decision and action taken, if any, within 30 calendar days following receipt of the request.

(g)

Appeal of the city manager's decision. The decision of the city manager may be appealed by the contractor proposed for debarment to the city council by submission to the city clerk of a written request for hearing within seven calendar days from the date of the city manager's written decision. When an appeal is scheduled for oral presentation before city council, the appellant and city manager shall each be given ten minutes to present the appeal and response. In its discretion, city council may extend the time allotted for argument and/or allow other interested persons to speak.

(h)

Finality of decision. The decision of city council shall be final and shall conclusively represent the position of the city.

(i)

Debarred and suspended persons list. The purchasing manager 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, and shall be excluded from conducting business with the city as agents, representatives, partners or associates of other contractors, subcontractors, affiliates or individual sureties, 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.

(Ord. No. 2015-28 , § 1, 9-9-2015)