HomeMy WebLinkAboutExhibitREGULATIONS FOR DEBARMENT AND/OR SUSPENSION UNDER THE CITY OF
MIAMI PROCUREMENT ORDINANCE
City of Miami Procurement Department
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 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. § 18-107, City Code.
When the contractor to be debarred or suspended, is a present grantee or recipient of
Federal, State or County funds relative to the conduct or acts causing the debarment or
suspension, this regulation will not apply if a provision of the United States Code, Code
of Federal Regulations, Florida Statutes, Florida Administrative Code, Miami -Dade
County Code, or governing grant requirements provide for a specified debarment or
suspension procedure, then such procedure will govern for the contractor who is a
grantee as described herein.
Rules regarding Debarment and Suspension procedures.
Requests for debarment. Requests for the debarment or suspension of a contractor
may be initiated by a Director of a City department, including the Chief Procurement
Officer, and/or the City Manager, and shall be made in writing and shall state with
particularity and specificity the grounds for debarment or suspension, as applicable, and
shall reference Section 18-107 of the City Code entitled "Debarment and Suspensions".
Upon receipt of a request for debarment or suspension, the Chief Procurement Officer
shall investigate and prepare a written report concerning the proposed debarment or
suspension, including the grounds for disbarment and suspension, as set forth in this
section, and whether probable cause exists to proceed with the request. Upon the
written determination that probable cause exists, and after consultation with the Chief
Procurement Officer and the City Attorney, the City Manager shall determine if the
proposed debarment and or suspension will proceed or not. A hearing shall be required
if the proposed debarment or suspension is to be further considered.
Notice of proposal to debar or suspend, as applicable. Within ten (10) working days of
the City Manager having made a determination that a hearing shall be conducted, the
City's Procurement Department shall issue a notice of proposed debarment or
suspension advising the contractor and any specifically named affiliates, by certified
mail, return receipt requested, or personal service, containing the following information:
(1) That debarment is being considered;.
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(2) The reasons and causes for the proposed debarment or suspension in terms
sufficient to put the contractor and any named affiliates on notice of the
conduct or transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the City Manager on a date and
time not less than thirty (30) days after service of the notice. The notice shall
also advise the contractor that it may be represented by an attorney, may
present relevant witnesses, evidence and testimony, and may rebut evidence
and cross-examine testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment or suspension, and of the potential effect of an actual
debarment or suspension. For example, a statement that the suspension is
proposed for six (6) months, or a debarment for a period of five (5) or more
years will suffice.
No later than ten (10) working days prior to the scheduled hearing date, the contractor
must furnish the City's Procurement Department a list of the defenses, witnesses and
evidence the contractor intends to present at the hearing. If the contractor fails to
submit the list, in writing, at least ten (10) working days prior to the hearing, or fails to
seek an extension of time within which to do so, the contractor shall have waived the
opportunity to present such defenses, witnesses, or evidence, as applicable, at the
hearing, but shall still have the right to such a hearing limited to the grounds stated.
The City Manager has the right to grant or deny one extension of time, and, for good
cause, may set aside the waiver to be heard at the hearing, and its decision may only
be reviewed upon an abuse of discretion standard.
Decision of debarment. All decisions of debarment or suspension shall be final and
shall be effective on the date the notice is signed by the City Manager.
Notice of debarment or suspension decision.
(1) If debarment or suspension is imposed, the City Manager shall give the
contractor and any specifically named affiliates involved, written notice by
certified mail, return receipt requested, or hand delivery, within ten (10)
working days of the decision, specifying the reasons for debarment or
suspension and including a copy of the written decision; stating the period of
debarment or suspension, including effective dates; and advising that the
debarment or suspension is effective throughout City government. The City
Manager shall render this 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.
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(2) If debarment or suspension is not imposed, the City Manager shall notify the
contractor and any specifically named affiliates, by certified mail, return
receipt requested, or personal service, within ten (10) working days of the
decision.
Appeals
(1) A decision to debar shall be final and conclusive, unless the person debarred
files a written notice of appeal to the Appellate Division of the Circuit Court
within 30 calendar days after receipt of the City Manager's decision. Any
grounds not stated shall be deemed waived.
(2) Appeals. The City Manager's written decision shall be the final decision by the
City. Any appeal of the decision by the City Manager, shall be as provided by
the Florida Rules of Appellate Procedure to the Appellate Division of the Circuit
Court, and shall include the record of the City hearing under these regulations.
(3) Failure to follow the hearing procedures set forth herein shall be grounds for the
City to maintain waiver by the contractor, and failure of the contractor to exhaust
administrative remedies.
Approved by Miami City Commissions Resolution No. 16-
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