69-89 O~DINANCE NO. 69-89 .
AN ORDINANCE OF THE CI~"~/ CO~/~/SSION OF THE CITY OF
DELRAY BEACH, FLO~ IDA, AM~NDING TI TLE i I I,
"ADMINISTRATION", CHAPTER 36, "FINANCE; CITY
PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF
T}{E CI~f OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW
SUBHEADING, "DEBARMENT OR SUSPENSION OF VENDORS AND
CONTRACTORS" TO INCLUDE SECTIONS 36.29 THROUGH
36.35; PROVIDING FOR THE PURPOSE AND ALPI~4ORITY TO
DEBAR OR SUSPEND VENDORS OR CONTRACTORS DOING
BUSINESS WITH THE CITY; TO PROVIDE FOR CAUSES OF
DEBARMENT OR SUSPENSION OF VENDORS OR CONTRACTORS
DOING BUSINESS WITH THE CITY; TO PROVIDE FOR A RIGHT
OF RPPEAL AND HEARING; TO PROVIDE PROCEDURES FOR
REINSTATEMENT OF VENDORS OR CONTRACTORS DOING
BUSINESS WITH THE CITY; PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COM2~ISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 36,
"Finance; City Property Transactions", of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended by
enacting a new Subheading, "Debarment or Suspension of Vendors and
Contractors", to include Sections 36.29 through 36.32 to read as
follows:
Debarment or Suspension of Vendors and Contractors
36.2~ Purpose.
The Purpose of this Chapter is to establish'responsibilities
and to implement procedures to be followed when and if it becomes
necessary to debar or suspend a vendor or contractor from doing
business with the City of Delray Beach.
36.30 Authority to Debar or Suspend.
{A) Authority. After reasonable notice to the person, firm
partnership, or corporation involved and reasonable
opportunity for same to be heard, the ~rchasing
Director, after consultation with the Assistant City
Manager and City Attorney, shall have authority to debar
a person, firm, partnership or corporation for cause from
consideration for award of future contracts. The
debarment shall be for a period of no more than three
years. The Purchasing Director shall also have the
authority to suspend a person, firm, partnership or
corporation from consideration for award of contracts i~
there is probable cause for debarment. The suspension
shall not be for a period exceeding three months.
(B) Cause for Debarment. The causes for debarment include
the ~ollow[ng:
(1) Conviction for conm~ission of a criminal offense as
an incident to obtaining or attempting to obtain a
public or private contract or subcontract, or in 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 amy other offense indicating a lack of
business fntegrity or business honesty which
currently, serieusly, and directly affects
responsibility as a vendor or contractor.
Conviction under state or federal antitrust statutes
arising out of the submission of bids or proposals.
{4) Violation of contract provisions, as set forth
below, of a character which is regarded by the
Purchasing Director to be so serious as to justify
debarment action:
a. Deliberate failure without good cause to
perferm in accordance with the specifications
or within the time limit provided in the
contract; or
b. A recent record of failure to perform or
unsatisfactory performances in accordance with
the terms of one or more contracts; provided
that failure to perform or unsatisfactory
performance caused by acts beyond the control
of the vendor or contractor shall not be
considered to be a basis for debarment.
(5) Refutation of an offer by failure to provide bonds,
insurance, or other required certificates within a
reasonable time period.
(6) Refusal to accept a purchase order, agreement, or
contract or to perform thereon; provided such order
was issued timely and in conformance with the offer
received.
(7) Presence of principals or corporate officers in the
business of concern, who were principals or
corporate officers within another business at the
time when the other business was suspended within
the last three years under the provisions of this
section.
(8) Violation of the ethical standards set forth in
State Law.
(9) Any other cause the Purchase Director determines to
be so serious and compelling as to affect
responsibility as a city contractor including
debarment by another governmental entity for any
cause listed in this policy.
{C) Decision. The Purchasing Director shall issue a written
decision to debar or suspend. The decision shall:
(1) State the reason for the action taken, and
2
ORD. NO. 69-89
Inform the debarred or suspendmd person of its
rights to Administrative or judicial review.
(D) Notice of Decision. A copy of the decision for the
debarment or suspension shall be mailed or otherwise
furnished im~nediately to the debarred or suspended
person, firm, partnership, or corporation and any other
party intervening.
36.31. Appeals and Remedies:
(A) Right of Appeal. Any person, firm, partnership or
corporation dissatisfied or aggrieved with the
notification of the Purchasing Director's determination
to debar or suspend, must within ten (10) calendar days
of such notification, appeal said determination to the
City in accordance with the hearing procedures contained
in this section. The City Manager or his/her designee
shall serve as the hearing officer.
(B) Hearing Date. Within thirty (30) calendar days from the
receipt of the notice of appeal, the City shall schedule
a hearing before a hearing officer, at which time the
person shall be given the opportunity to demonstrate why
the decision of the Purchasing Director should be
overturned.
(C) Hearing Procedure. The procedure for any hearing
required by this Chapter shall be:
(1) The City shall cause to be served upon the person,
firm, partnership or corporation, a notice of
hearing, stating the time and place of the hearing.
The notice of hearing shall be sent by certified
mail, return receipt requested, to the mailing
address of the vendor or contractor.
(2) The person, firm, partnership or corporation shall
have the right to be represented by counsel, to call
and examine witnesses, to introduce exhibits, to
examine opposing witnesses on any relevant matter,
even though the matter was not covered under direct
examination, and to impeach any witness regardless
of which party first called him to testify.
(3) In any hearing before the hearing officer,
irrelevant, immaterial or unduly repetitious
evidence shall be excluded. All other evidence of a
type commonly relied upon by reasonably prudent
persons in the conduct of their affairs shall be
admissible whether or not such evidence would be
admissible in a trial in the courts of Florida.
(4) Within thirty (30) calendar days from the hearing,
the hearing officer shall complete and sulmnit to the
City and the person, firm, partnership, or
corporation requesting said hearing a final order
consisting of his/her findings of fact and
conclusions of law as to the granting or denial of
the appeal.
3
ORD. NO. 69-89
A~'NiST~T~%~.~%AP- I 5) %ppea! f~om the decision of the hearing officer
~',~,~- shall be by certiorari to the circuit court in
~'~ ~ ~'~ ~ ~ccordance with the Florida Rules ~f Appellate
~ ~'~,~ 36 32 Reinstatement.
:~,~,~~ (A) Grounds. Re~est for reinstatem~t shall ~ ~de in
~ w,~ ~ writing based u~on the ~ollowin~:
~'~, ,~ ( 1 ) Discovery of new and mat~ial evidence not
~~.~i (2) Dtsmissal of the indictment or reversal of the
~ ~L~:.~) conviction;
m -~a'~ fLde in manag~nt
I .'.=~~ (3) Bona change o~ershiD or
'~~ sufficient to justify a finding of present
~~,~, (B) Procedures. The re~est for reinstatement s~ll be
~.-w w forwarded by the Director of P~c~in~ to a hearing
~~2',~ dete~ination whether to rei~tate shall be bas~ on the
~~,~i~ written s~ission o~ evidence, without further hearing.
~ ~ ~. Upon consideration of the written s~ission and any
c,,0~u,m,~, response from the Director of ~rchasin~, the hearing
~ of f icer shall make a dereliction whether or not
~~:,~f reinstatement is warranted under the standards set forthabove.
Section 2. That should any portion, paragraph, sentence, or
word of t~s ~en~ent be declared by a court of coherent juris~ction
to be invalid, such decision shall not effect the validity of the
remainder hereof as a whole or part thereof, other than the part
declared to ~ invalid.
Section ~. That all ordinances or parts of ordin~ces in
conflict herewith be the s~e and are here~ repealed.
Section 4. ~is ordinate shall become effective ten (10)
days ~ter passage upon second and final rea~ng.
P~S~ ~D ~P~ in re~lar session on second and final
readimg on this 14th day of Nove~er ., 1989 ·
ATTEST:
C[ty~erk
First Reading October 24~ 1989
Second Reading November 14, 1989
4
ORD. NO. 69-89