Suspension and Debarment

Authority

The General Services Director or Finance Director may request from the City Manager to suspend or debar, for cause, the right of a vendor to be included in a vendor database, and any solicitation or response from that vendor may be rejected.

Causes for debarment

A. 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 City Contractor/ Vendor within the last thirty-six (36) months.

B. Conviction for a commission of a criminal offense as an incident obtaining, •Jr attempting to obtain, a public or private contract or sub-contract, or in the performance of such contract or sub-contract within the last thirty-six (36) months.

C. Conviction of or civil judgment against any person based on a violation of 3 state or federal antitrust statutes, relating to a response to a solicitation within the last thirty-six (36) months.

D. Violations of contract provisions within three (3) 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.

E. Abatement of a contract.

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

G. Failure to perform or unsatisfactory performance of any of the terms of a contract with the

City. 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.

H. Failure to pay contractor, subcontractor, or materials provided as required.

I. 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.

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

Disputes

A. If the Vendor disagrees with the suspension or debarment, they shall have seven (7) business days from the mailing date to rebut. Written notification must be sent to the General Services Director and Finance Director outlining points of disagreement.

B. The General Services Director will review the evaluation with the Finance Director, Project Manager, Department Director, City Manager, and City Attorney, after which a finding will be sent to the vendor wither to uphold or revise the suspension or debarme1t.

C. If the vendor does not dispute the suspension or debarment within the seven (7) day period, the suspension or debarment will be deemed acknowledged.