§ 2-104. Suspension and debarment.

(a)

Authority to debar or temporarily suspend.

(1)

The board has the authority to debar a person or business, for cause, from doing business with the county.

(2)

The county administrator or designee has the authority to suspend a person or business from doing business with the county during an investigation and pendency of debarment action.

(3)

The debarment shall be for a period not to exceed three years from the date of the final debarment determination by the board. However, if the debarment is based solely upon a previous debarment by another governmental agency, the period of debarment may run concurrently with the period established by that other agency.

(4)

The temporary suspension shall be for a period not to exceed six months from the date of the final suspension determination by the county administrator.

(b)

Causes for debarment.

(1)

Conviction of any person, under any statute of the federal government, this state, or any other state, for 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/vendor within the last 36 months;

(2)

Conviction for commission of a criminal offense as an incident to obtaining, or attempting to obtain, a public or private contract or sub-contract, or in the performance of such contract or sub-contract within the last 36 months;

(3)

Conviction of or civil judgment against any person based on a violation of a state or federal antitrust statute, relating to a response to a solicitation within the last 36 months;

(4)

Violations of contract provisions within three years of current debarment action, of a character which are reasonably deemed to be so serious as to justify the current debarment or suspension action;

(5)

Abandonment of a contract;

(6)

Knowing failure, without good cause, to perform in accordance with the terms and conditions as stated in an awarded contract;

(7)

Failure to perform or unsatisfactory performance of any of the terms of a contract with the county. However, failure to perform or unsatisfactory performance caused by acts beyond the control of the person shall not be considered to be a basis for debarment or suspension;

(8)

Failure to pay a contractor, subcontractor, or materials provider as required;

(9)

A determination by a court, the Florida department of business and professional regulation or the federal government that the person has violated the provisions of any Florida Statute, federal regulation or local law and/or has been placed on the State of Florida or federal government list of debarred contractors; and/or

(10)

Any other cause that the board reasonably considers to be as serious and compelling enough to support a determination for of debarment.

(c)

Initiation of debarment, temporary suspension and final determination.

(1)

The county general services director shall investigate any information received concerning a possible cause for debarment.

(2)

The county administrator may determine that the person shall be temporarily suspended from doing business with the county during the investigation, and pendency of a debarment action.

(3)

In the event of temporary suspension by the county administrator, the general services director shall provide written notification to the person, regarding the temporary suspension, by certified mail, return receipt requested or by any other method that provides evidence of receipt, to the address provided to the general services department by the person. The notice of suspension shall state:

a.

The basis for the investigation;

b.

That no solicitation response shall be accepted from the person and, if received, will not be considered during the temporary suspension period; and

c.

The date and time that the final debarment determination hearing will be held in front of the board.

(4)

The basis and documentation for the debarment of a person shall be reviewed by the county administrator.

(5)

If the county administrator determines that there is no reasonable basis for a cause for debarment, he/she may reinstate the suspended person.

(6)

If the county administrator determines that there exists a reasonable basis for a cause for further debarment actions, the county administrator, after review by the county attorney, shall request a hearing before the board for a final determination regarding debarment.

(7)

If the board determines that a person should be debarred, the general services director shall provide written notification to the person, regarding the debarment, by certified mail, return receipt requested or by any other method that provides evidence of receipt, to the address provided to the general services department by the person. The notice of debarment shall state:

a.

The basis for the debarment;

b.

That any current contract with the county shall be terminated per the conditions in the contract;

c.

That no solicitation response shall be accepted from the person and, if received, will not be considered during the debarment period; and

d.

The period of debarment, including the specific date that the debarment ends.

(d)

Imputed knowledge.

(1)

Improper conduct by a person may be imputed to an affiliate for purposes of debarment where the impropriety occurred in connection with the affiliate's duties for, or on behalf of, and/or with the knowledge or approval of the person.

(2)

The improper conduct of a person or its affiliate having a current county contract with a contractor/vendor may be imputed to the contractor/vendor for purposes of debarment where the impropriety occurred in connection with the person/affiliate's duties for, or on behalf of, and/or with the knowledge or approval of the contractor/vendor.

(e)

Master list of debarred or suspended persons. The general services department shall maintain a master list of debarments and suspensions, which will include, at a minimum, the names of those persons debarred or suspended, the basis for such action, the period including expiration date and the name of the debarring agency, if the county's debarment is based on debarment by another governmental entity.

(Ord. No. 2018-20 , 9-25-2018)