§ 2-248. Suspension and debarment.

(a)

Suspension. After consultation with the county attorney, the procurement services director is authorized to suspend a vendor from consideration for award of contracts, if there is probable cause to believe that the vendor has engaged in any activity which might lead to debarment, pursuant to subsection (c) below. The suspension shall be for a period not to exceed three (3) months, and the procurement services director shall immediately inform the board at the next available regular session and provide notice to the affected vendor.

(b)

Debarment. After reasonable notice and an opportunity for the suspended vendor to be heard, the board shall either debar such vendor or terminate the suspension. The debarment should be for a period of not more than three (3) years.

(c)

Grounds for debarment include:

(1)

Entry of a plea of guilty, or no contest, or nolo contendre to, or conviction of, a criminal offense as an incident to obtaining, or attempting to obtain, public or private contract or subcontract, or in the performance of such contract or subcontract or;

(2)

Entry of a plea of guilty, no contest, or nolo contendre to or 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 or;

(3)

Entry of a plea of guilty, no contest, or nolo contendere to or conviction under state or federal antitrust statutes arising out of the submission of bids or proposals or;

(4)

Violation of contract provisions, as set forth below, the character which is regarded by the board to be so serious as to justify debar debarment action:

a.

Failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

b.

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

(5)

Having been adjudicated guilty of any violation of the Marion County Building Department Licensing Division or the State of Florida Construction Industry Licensing Board within the past twelve-month period prior to the time of bid submittal or;

(6)

Having been adjudicated guilty by the Marion County Code Enforcement Board or the department of environmental protection of any violation of an environmental ordinance within the past six-month period at the time of bid submittal; and

(7)

Any other cause the board of county commissioners determines to be so serious and compelling as to affect responsibility as a county vendor, including debarment by another governmental entity.

(d)

Notice of decision. The county administrator or board chairman shall issue a written notice to the vendor of the decision to debar or suspend. The final decision shall state the reasons for the action taken and inform the debarred or suspended person involved of his/her rights concerning judicial review by certiorari appeal to the Fifth Judicial Circuit Court. The written decision shall be mailed or otherwise furnished immediately to the debarred or suspended vendor.

(Ord. No. 11-52, § 1, 9-20-2011; Ord. No. 18-06, § 1N, 2-20-2018)