§ 17-314. Suspension and debarment.

(a)

Authority. The chief of purchasing and contracts may suspend or debar for cause the right of a vendor to be included on a vendor list and any bid or response from that vendor rejected; provided, however, the board of county commissioners shall have the power to waive or lift such suspension or debarment.

(b)

Suspension. A vendor may be suspended for a period not to exceed two (2) years as determined by the chief of purchasing and contracts based upon the following:

(1)

Vendor defaults or fails to fully comply with the conditions, specifications or terms of a bid, quotation, proposal or contract with the county; or

(2)

Vendor commits any fraud or misrepresentation in connection with a bid, quotation, proposal or contract with the county; or

(3)

Vendor is charged by a court of competent jurisdiction with the commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; or

(4)

Vendor is charged by a court of competent jurisdiction with the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a county government contractor.

If charges are dismissed or the vendor found not guilty, the suspension shall be lifted automatically upon written notification and proof of final court disposition provided by the vendor to the county; or

(5)

Vendor becomes insolvent, has proceedings in bankruptcy instituted against it, or compounds its debts or assigns over its estate or effects for payment thereof, or has a receiver or trustee appointed over its property; or

(6)

Vendor commission of any act or omission to perform any act which is grounds for debarment; or

(7)

Vendor violates the ethical standards set forth in local, state or federal law; or

(8)

Vendor fails to comply with the M/WBE participation or M/WBE requirements of an awarded contract; or

(9)

Suspension by another government entity; or

(10)

Any other cause the chief of purchasing and contracts determines on a commercial basis to be so serious and compelling as to materially and adversely affect the capability of a business to function as a county contractor.

(c)

Debarment. A vendor may be permanently debarred for the following:

(1)

Default or failure to fully comply with the conditions, specifications, drawings or terms of a bid, proposal or contract with the county twice in any three-year period.

(2)

Conviction by or judgment obtained in a court of competent jurisdiction for commission of those offenses in connection with the vendor's commercial enterprise stated in subsections (b)(3) and (b)(4). If the conviction or judgment is reversed through the appellate process, the debarment shall be removed immediately upon written notification and proof of final court disposition from the vendor to the county.

(d)

Decision. After the chief of purchasing and contracts has determined to suspend or debar a vendor, the chief shall notify the vendor in writing of the debarment or the period of suspension and the reasons for the action taken. The chief of purchasing and contracts, prior to issuance of written notification, may schedule an informational hearing with the vendor to determine if suspension or debarment is warranted.

(e)

Public entity crime. Any vendor who has been convicted of a public entity crime as defined by F.S. § 287.133 shall not be able to transact business with the county to the extent as specified in F.S. § 287.133(3)(a).

(f)

Finality of decision. The suspension or debarment shall be final and conclusive, unless the suspended or debarred vendor initiates protest proceedings pursuant to section 17-313 within twenty-one (21) days after the date of notification.

(Ord. No. 92-26, § IV.E, 9-15-92; Ord. No. 96-8, § 10, 3-26-96)