§ 2-26-70. Authority to suspend or debar.

(a)

After consulting with the county attorney's office and client department(s) as needed, and after providing reasonable notice and reasonable opportunity for a person or entity being considered for suspension or debarment to be heard by the purchasing official, the purchasing official is authorized to suspend or debar a person or entity from consideration for award of contracts for cause. Cause shall include, but not be limited to, the following:

(1)

Conviction for commission of a criminal offense relating to the obtaining or attempt to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract, or a civil or criminal final judgment of violation of state or federal whistleblower laws;

(2)

Conviction under state or federal statutes of 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 contractor;

(3)

Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

(4)

Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing official to be so serious as to justify debarment action;

(5)

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

(6)

A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; 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;

(7)

A documented history of significant deviation from contract specifications, engineering standards, design or material requirements or safety regulations, where such history has first been presented to the contractor by the county who thereafter continues to engage in such deviations;

(8)

Any other cause the purchasing official determines to be so serious and compelling as to affect responsibility as a county contractor, including debarment by another governmental entity for any cause listed in this chapter or provided for in general law;

(9)

For violation of all applicable ethics standards, including the ethical standards set forth in this code, Florida Statutes Chapter 112, or in relevant grant funding requirements; and

(b)

Suspensions shall not exceed twelve (12) months per violation. Debarments shall not exceed five (5) years per violation.

(c)

Suspension or debarment may apply to all contracting opportunities, or may be limited to certain types or categories of contracts, and likewise may be directed only to one or more distinct operating divisions or units of the suspended or debarred person or entity depending on the nature and severity of the underlying facts supporting the action.

(d)

Suspension or debarment also may be applied to any person or entity controlled by or affiliated with any suspended or debarred person or entity if the relationship or affiliation is such that, in the reasonable opinion of the purchasing official, the person or entity, by reason of the relationship with the suspended or debarred person or entity, is likely not to conduct business in a responsible or lawful manner, or if the suspended or debarred person or entity is reasonably likely to benefit from contracts with such controlled or affiliated persons or entities. Factors the purchasing official may consider in making such decisions include ownership interests, common board members, officers, facilities or employees, and existing family or contractual relationships. The purchasing official may, in lieu of suspending or debarring such affiliated persons or entities, develop restrictions or special conditions the affiliated persons or entities must agree to in order to conduct business with the county during the suspension or debarment period. To the extent the purchasing official exercises the right to suspend or debar affiliated persons or entities under this subsection, he/she must provide those separate affiliates with the same notice and opportunity to be heard as is required in subsection (a) above.

(Ord. No. 14-32, § 13, 9-23-14)