(A) Authority. The Chief Procurement Officer may suspend or debar, for cause, the right of a vendor to be included on a vendor database and any bid or response from that vendor shall be rejected; provided however, the City Council 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 Procurement Officer based upon the following:
(1) Vendor has been terminated for cause, defaulted, failed to perform, or failed to fully comply with the conditions, time frames, performance, specifications, drawings, or terms of a contract with the City; or
(2) Vendor has provided an item(s) which failed testing.
(3) Vendor commits any fraud or misrepresentation in connection with any competitive solicitation or contract with the City; or
(4) Vendor is charged by a court of competent jurisdiction with a criminal offense in an incident related to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract; or
(5) Vendor is charged by a court of competent jurisdiction with any of 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 is determined to currently, seriously, and/or directly affect responsibility as a City government contractor. If the charges are dismissed or the vendor is found not guilty, the suspension shall be lifted upon written notification and proof of final court disposition is provided by the vendor to the City; or
(6) Vendor becomes insolvent, has proceedings in bankruptcy instituted, 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
(7) Vendor violates the ethical standards set forth in local, state statutes or federal law; or
(8) Vendor fails to comply with the local business preference or M/WBE participation requirements of an awarded contract; or
(9) Vendor and the City are engaged in an adversarial proceeding (court proceeding, arbitration or administrative proceeding) arising from or relating to the vendor's performance of a contract with the City; or
(10) Any other cause the Chief Procurement Officer determines to be sufficiently serious and compelling as to materially and adversely affect responsibility of a business as a City contractor, including but not limited to suspension by another governmental entity for substantial cause.
(C) Debarment. A vendor may be permanently debarred for the following:
(1) Termination for cause, default, failure to perform, or fully comply with the conditions, time frames, performance, specifications, drawings, or terms of a contract with the City two (2) times within any ten (10) year period; or
(2) Conviction by, or judgment obtained, in a court of competent jurisdiction for those offenses in connection with the vendor's commercial enterprise stated in § 38.16(B) of this Ordinance. If the conviction or judgment is reversed through the appellate process, the debarment shall be removed upon written notification and proof of final court disposition; or
(3) Conviction of a public entity crime as defined by Fla. Stat. § 287.133, shall result in debarment to transact business with the City to the extent as specified therein.
(4) Permanent debarment by another federal, state or local governmental agency.
(D) Process. After the Chief Procurement Officer has determined he or she has cause to suspend or debar a vendor, he or she shall notify the vendor in writing of the debarment or the period of suspension and the reasons for the action taken. The suspension or debarment shall be final and conclusive unless the suspended or debarred vendor initiates written protest proceedings pursuant to § 38.15 of this Ordinance within five (5) business days after the date of notification.
(Ord. 2016-59, passed 8-16-16; Am. Ord. 2020-72, passed 11-5-20)