HomeMy WebLinkAboutBack-Up from Law4/27/2016 Miami, FL Code of Ordinances
Sec, 18-107. - Debarment and suspensions.
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
contractual party, and after reasonable opportunity for such party to be heard, the city manager,
after consultation with the chief procurement officer and the city attorney, shall have the authority to
debar a contractual party, for the causes listed below, from consideration for award of city contracts.
The debarment shall be for a period of not fewer than three years. The city manager shall also have
the authority to suspend a contractual party from consideration for award of city contracts if there is
probable cause for debarment, pending the debarment determination. The authority to debar and
suspend contractors shall be exercised in accordance with regulations which shall be issued by the
chief procurement officer after approval by the city manager, the city attorney, and the city
commission,
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private contract or subcontract, or incident to the performance of such contract or
subcontract.
(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.
(3) Conviction under state or federal antitrust statutes arising out of the submission of bids or
proposals.
(4) Violation of contract provisions, which is regarded by the chief procurement officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform
in accordance with the terms and conditions of a contract or to perform within the time limits
provided in a contract, provided that failure to perform caused by acts beyond the control of a
party shall not be considered a basis for debarment or suspension,
(5) Debarment or suspension of the contractual party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which
the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) A contractual party who has defaulted under the terms of a contract with the city or any of its
boards, agencies, trusts, authorities, councils or committees and has failed to cure such default.
(10) Any other cause judged by the city manager to be so serious and compelling as to affect the
responsibility of the contractual party performing city contracts.
(c) Certification. All contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the contractual party nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph
(b)(5),
(d)
https://www2.municode.com/library/fl/miami/codes/code_of ordinances?nodeld=PTIITHCO_CH18F1 ARTIIICIMIPROR_S18-107DESU 1/2
4/27/2016 Miami, FL Code of Ordinances
Debarment and suspension decisions. Subject to the provisions of paragraph (a), the city manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision
shall be provided promptly to the contractual party, along with a notice of said party's right to seek
judicial relief.
(Ord. No. 12271, § 2, 8-22-02; Ord. No. 12312, § 1, 1-9-03)
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