Miami-Dade Legislative Item
File Number: 000202
   

File Number: 000202 File Type: Ordinance Status: Adopted
Version: 0 Reference: 00-18 Control: County Commission
File Name: AMENDMENT TO THE DEBARMENT ORDINANCE Introduced: 1/26/2000
Requester: County Manager Cost: Final Action: 2/8/2000
Agenda Date: 2/8/2000 Agenda Item Number: 4PSUBSTITUTE
Notes: Title: ORDINANCE AMENDING SECTION 10-38 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, PERTAINING TO DEBARMENT OF CONTRACTORS; CLARIFYING THAT DEBARMENT IS INTENDED AS A SUPPLEMENTAL REMEDY; PROVIDING FOR APPLICABILITY TO OTHER VENDORS AND ENTITIES DEALING WITH MIAMI-DADE COUNTY INCLUDING BUT NOT LIMITED TO PROVIDERS OF GOODS AND SERVICES; CHANGING THE ADMINISTERING DEPARTMENT FROM THE CONTRACT COORDINATION OFFICE TO THE DEPARTMENT OF BUSINESS DEVELOPMENT; PROVIDING THAT THE COUNTY MANAGER AND THE INSPECTOR GENERAL CAN INVESTIGATE AND REQUEST DEBARMENTS; CLARIFYING THE ISSUE OF DISCOVERY; ALLOWING FOR CREATION OF A STANDING POOL OF DEBARMENT COMMITTEE MEMBERS; DELETING THE SECTION REGARDING POSSIBLE DECERTIFICATION AS A BLACK BUSINESS ENTERPRISE; DELETING THE REQUIREMENT THAT UNSATISFACTORY PERFORMANCE OF A CONTRACTOR MUST BE CERTIFIED BY AN INDEPENDENT AUDITOR, ARCHITECT, ENGINEER OR GENERAL CONTRACTOR; CREATING PRESUMPTION FOR FAILURE TO APPEAR OR TESTIFY; PROVIDING THAT THE COUNTY MANAGER MAY OVERRIDE THE DEBARMENT COMMITTEE'S DECISION; PROVIDING STANDARD OF REVIEW ON APPEAL AND CLARIFYING THAT THE DECISION OF THE DEBARMENT COMMITTEE IS BASED ON A MAJORITY OF THE MEMBERS OF THE COMMITTEE; PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE
Indexes: DEBARMENT
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/8/2000 4P SUBSTITUTE Adopted P
REPORT: Commissioner Moss inquired on whether the county had a data base which tracked the past performance of contractors on individual jobs, that could be used to check for past litigation or shoddy workmanship. Mr. Spratt, Senior Assistant to the County Manager, referred to the current evaluation procedure and noted that improved ways to monitor performance were being reviewed.

County Manager 1/31/2000 Assigned County Attorney 2/8/2000
REPORT: ITEM SUBMITTED WITH CHANGES FROM THE DEPARTMENT (4P SUBSTITUTE)

County Attorney 1/27/2000 Assigned Hugo Benitez

County Manager 1/26/2000 Assigned County Attorney 2/8/2000
REPORT: THIS IS A SUBSTITUTE TO 000014 (IT WAS ITEM 13S ON THE 1/13/00 BCC AGENDA)

Legislative Text


TO: Honorable Chairperson and Members DATE:
Board of County Commissioners
DATE: Amendment to Debarment
FROM: Merrett R. Stierheim Ordinance
County Manager


This substitute adds the word "surety" to the definition of
"contractor" as one of the parties that may be debarred.



RECOMMENDATION

It is recommended that the Board approve the attached substitute
amendment to the Debarment ordinance which includes changes
recommended by the County Task Force which reviewed the
debarment ordinance and processes. These changes include
clarifying that debarment is intended as a supplemental remedy;
providing the ability to debar other vendors and entities
dealing with Miami-Dade County including but not limited to
providers of goods and services; providing that the County
Manager and the Inspector General can investigate and request
debarments; clarifying the issue of discovery; providing for
creation of a Standing Pool of Debarment Committee members;
deleting the section regarding possible decertification as a
Black Business Enterprise; removing the requirement that
unsatisfactory performance of a contractor must be certified by
an independent auditor, architect, engineer or general
contractor; creating presumptions for failure to appear or
testify; providing that the County Manager may override the
Debarment Committee's decision; providing standard of review on
appeal, and clarifying that the decision of the Debarment
Committee is based on a majority of the members of the Committee.



BACKGROUND

The Board approved Ordinance 93-129 to provide a County-wide
policy for the debarment of construction-related contractors who
have a history of poor performance on County contracts, or when
they have, by their commission of crimes or the rendition of
civil judgments, shown a lack of honesty and integrity.
However, Ordinance 93-129 only applied to construction-related
contractors; we believe it is appropriate that the debarment
ordinance should be applicable to any provider of goods and
services, including professional services, who have a history of
poor performance on County contracts or who have committed
crimes.



In October, 1999, we held debarment hearings concerning two
County contractors. In each case, the Debarment Committees
decided that the County contractors should be debarred for the
maximum time allowed under the ordinance; in one case that was
two years and in the other case it was five years. After those
two debarments were finalized, we critiqued the process and made
appropriate changes to the debarment ordinance - those changes
are included in this amendment.


TITLE


ORDINANCE AMENDING SECTION 10-38 OF THE CODE OF MIAMI-DADE
COUNTY, FLORIDA, PERTAINING TO DEBARMENT OF CONTRACTORS;
CLARIFYING THAT DEBARMENT IS INTENDED AS A SUPPLEMENTAL REMEDY;
PROVIDING FOR APPLICABILITY TO OTHER VENDORS AND ENTITIES
DEALING WITH MIAMI-DADE COUNTY INCLUDING BUT NOT LIMITED TO
PROVIDERS OF GOODS AND SERVICES; CHANGING THE ADMINISTERING
DEPARTMENT FROM THE CONTRACT COORDINATION OFFICE TO THE
DEPARTMENT OF BUSINESS DEVELOPMENT; PROVIDING THAT THE COUNTY
MANAGER AND THE INSPECTOR GENERAL CAN INVESTIGATE AND REQUEST
DEBARMENTS; CLARIFYING THE ISSUE OF DISCOVERY; ALLOWING FOR
CREATION OF A STANDING POOL OF DEBARMENT COMMITTEE MEMBERS;
DELETING THE SECTION REGARDING POSSIBLE DECERTIFICATION AS A
BLACK BUSINESS ENTERPRISE; DELETING THE REQUIREMENT THAT
UNSATISFACTORY PERFORMANCE OF A CONTRACTOR MUST BE CERTIFIED BY
AN INDEPENDENT AUDITOR, ARCHITECT, ENGINEER OR GENERAL
CONTRACTOR; CREATING PRESUMPTION FOR FAILURE TO APPEAR OR
TESTIFY; PROVIDING THAT THE COUNTY MANAGER MAY OVERRIDE THE
DEBARMENT COMMITTEE'S DECISION; PROVIDING STANDARD OF REVIEW ON
APPEAL AND CLARIFYING THAT THE DECISION OF THE DEBARMENT
COMMITTEE IS BASED ON A MAJORITY OF THE MEMBERS OF THE
COMMITTEE; PROVIDING SEVERABILITY, INCLUSION IN CODE AND
EFFECTIVE DATE.

BODY


WHEREAS, the selection of providers of goods and services for
the performance of County work is intended to further the public
interest; and

WHEREAS, it is not in the public interest for the County to
contract with providers of goods and services when such
providers have a history of poor performance on County
contracts, or when they have, by their commission of crimes or
the rendition of civil judgments, shown a lack of honesty and
integrity; and

WHEREAS, this Board approved Ordinance 93-129 to provide a
County-wide policy for the debarment of construction-related
contractors for such poor performance or commission

of crimes or rendition of civil judgments; and

WHEREAS, this Board believes it is appropriate that the
debarment ordinance be applicable to any provider of goods or
services to the County who have a history of poor performance on
County contracts, or who have by their commission of crimes or
the rendition of civil judgments, shown a lack of honesty and
integrity;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF >>MIAMI<< [[METROPOLITAN]]DADE COUNTY, FLORIDA,

Section 1. Section 10-38 of the Code of >>Miami<<
[[Metropolitan]]Dade County, Florida, is hereby amended to read
as follows:1

Sec. 10-38. Debarment of Contractors from County Work.

(a) Purpose of Debarment:

____________________________

1Words stricken through and/or [[double bracketed]] shall be
deleted. Words underscored and/or >>double arrowed<< constitute
the amendment proposed. Remaining provisions are now in effect
and shall remain unchanged.





(1) The County shall
solicit offers from,

award contracts to, and consent to

subcontracts with responsible

contractors only. To effectuate this

policy, the debarment of contractors

from County work may be undertaken.



(2) The serious nature of debarment requires

that this sanction be imposed only when

it is in the public interest for the

County's protection, and not for

purposes of punishment. Debarment shall

be imposed in accordance with the

procedures contained in this ordinance.



>>(3) Debarment is intended as a remedy in addition to,

and not in substitution of, the evaluation of the

responsibility of County bidders and contractors,

and the rejection or termination of County

bidders and contractors based on findings of

non-responsibility on a case by case basis.<<

(b) Definitions:

(1) "Affiliates."
Business concerns,

organizations, or individuals are

affiliates of each other if, directly or

indirectly, (i) either one controls or has

the power to control the other, or

(ii) a third party controls or has the

power to control both. Indicia of

control include, but are not limited to,

interlocking management or ownership,

identity of interests among family

members, shared facilities and

equipment, common use of employees, or a

business entity organized by a debarred

entity, individual, or affiliate

following the debarment of a contractor

that has the same or similar management,

ownership, or principal employees as the

contractor that was debarred or

suspended.



(2) "Civil judgment"
means a judgment or

finding of a civil offense by any court

of competent jurisdiction.



(3) "Contractor" means
any individual or

other legal entity that



(i) directly or indirectly (e.g.,

through an affiliate), submits

offers for or is awarded, or

reasonably may be expected to

submit offers for or be

awarded, a County contract for

construction>>or for procurement of

goods or services, including professional

services;<< or



(ii) conducts business, or

reasonably may be expected to

conduct business, with the

County as an agent, >>surety,<<

representative or

subcontractor of another

contractor.



>>(iii) for the purposes of this ordinance, the

terms "vendor" and "consultant" have the

same meaning as "contractor."

"Subconsultant" has the same meaning

as "subcontractor."<<



(4) "Conviction" means a
judgment or

conviction of a criminal offense, be it

a felony or misdemeanor, by any court of

competent jurisdiction, whether entered

upon a verdict or a plea, and includes a

conviction entered upon a plea of nolo

contendere.



(5) "Debarment" means
action taken by the

Debarment Committee to exclude a

contractor from County contracting and

County-approved subcontracting for a

reasonable, specified period as provided

in subsection J below; a contractor so

excluded is debarred.



(6) "Debarment
Committee" means a group of

two (2) County department directors or

assistant directors and one (1) member

from [[the]] private [[construction]] industry selected

by >>DBD from a Standing Pool of Committee

members appointed by<< the County Manager, to

evaluate and, if warranted, to impose debarment.

>>At least one member of the Debarment Committee

shall have working knowledge of the affected area.

All Debarment Committee members appointed to a

specific Debarment Committee shall be subject to

restrictions similar to those in the Cone of Silence

Ordinance 98-106 in that they are prohibited from

having any communication with any of the parties

involved in the specific debarment, or their

representatives. Violation of this policy

could lead to termination.<<



(7) "Indictment" means
indictment for a

criminal offense. An information or

other filing by competent authority

charging a criminal offense shall be

given the same effect as an indictment.



(8) "Legal proceeding"
means any civil

judicial proceeding to which the County

is a party or any criminal proceeding.

The term includes appeals from such

proceedings.



(9) "List of Debarred
Contractors" means a

list compiled, maintained and

distributed by the [[Office of Contract

Coordination ("CCO")]]>>Department of Business

Development ("DBD")<
containing the names of contractors

debarred under the procedures of this

ordinance.



(10) "Preponderance of the
evidence" means

proof by information that, compared with

that opposing it, leads to the conclusion that

the fact at issue is more probably true than not.

(c) List of Debarred Contractors:



(1) [[CCO]]>>DBD,<< as the agency
charged with the

implementation of this ordinance,

shall --



(i) Compile and
maintain a

current, consolidated list

("List") of all contractors

debarred by County

departments. Such List shall

be public record and shall be

available for public

inspection and dissemination;



(ii) Periodically
revise and

distribute the List and issue

supplements, if necessary, to

all departments, to the Office

of the County Manager, to the

Board of County Commissioners;

and



(iii) Include in the
List the name

and telephone number of the

official responsible for its

maintenance and distribution.

(2) The List shall indicate --

(i) The name and
addresses of all

contractors debarred, in

alphabetical order;



(ii) The name of the
department

that recommended initiation of

the debarment action;



(iii) The cause for the

debarment action, as is

further described herein, or

other statutory or regulatory

authority:





(iv) The effect of the debarment

action;



(v) The termination date
for each

listing;



(vi) The contractor's
certificate

of competency or license

number, when applicable;



(vii) The qualifier of the

contractor, when applicable;



(viii) The name and
telephone number

of the point of contact in the

department recommending the

debarment action.



(3) [[CCO]] >>DBD<< shall --



(i) In accordance with
internal

retention procedures, maintain

records relating to each

debarment;



(ii) Establish
procedures to

provide for the effective use

of the List, including

internal distribution thereof,

to ensure that departments do

not solicit offers from, award

contracts to, or consent to

subcontracts with contractors

on the List; and



(iii) Respond to inquiries

concerning listed contractors

and coordinate such responses

with the department that

recommended the action.



(d) Effects of Debarment:



(1) Debarred contractors are
excluded from

receiving contracts, and departments

shall not solicit offers from, award

contracts to, or consent to subcontracts

with these contractors, unless the

County Manager determines that an

emergency exists justifying such action,

and obtains approval [[form]] >>from<< the Board of

County Commissioners. Debarred

contractors are also excluded from

conducting business with the County as

agents, representatives, subcontractors

or partners of other contractors.



[[(2) Debarred contractors may
not be

certified or remain as Black Business

Enterprises pursuant to Section 2-8.2 of

the Dade County Code until such time as their

debarment period is completed or the

debarment decision otherwise reversed.]]



(3) (2) Debarred contractors are
excluded from

acting as individual sureties.



(e) Continuation of Current Contracts:



(1) Commencing on the effective
date of this

ordinance, all proposed County contracts

for construction >>, or for procurement of

goods and services, including professional

services, << shall incorporate this

ordinance and specify that debarment may

constitute grounds for termination of

[[the contract.]] >>any existing County contract.<<



(2) The debarment shall take
effect in

accordance with the notice provided by

the County Manager pursuant to

subsection (i) [[(8)]] >>(9)<< below, except that if

a department continues contracts or

subcontracts in existence at the time

the contractor was debarred, the

debarment period shall commence upon the

conclusion of the contract, and in the

interim the debarred contractor shall

not enter into any County contracts.



(3) Departments may not renew or otherwise

extend the duration of current

contracts, or consent to subcontracts

with debarred contractors, unless the

County Manager determines that an

emergency exists justifying the renewal

or extension or for an approved

extension due to delay or time extension

for reasons beyond the contractors

control, and such action is approved by

the Board of County Commissioners.



(4) No further work shall be
awarded to a

debarred contractor in connection with a

continuing or miscellaneous

construction >> contract, or a continuing or

miscellaneous contract for goods or services,

including professional services ,<< or similar

contract, where the work is divided into separate

discrete groups and the County's refusal

or denial of further work under the

contract will not result in a breach of

such contract.



(f) Restrictions on Subcontracting:



(1) When a debarred contractor is
proposed

as a subcontractor for any subcontract

subject to County approval, the

department shall not consent to

subcontracts with such contractors

unless the County Manager determines

that an emergency exists justifying such

consent, and the Board of County

Commissioners approves such decision.



(2) The County shall not be
responsible for

any increases in project costs or other

expenses incurred by a contractor as a

result of rejection of proposed

subcontractors pursuant to subsection

(f) (1) above, provided the subcontractor

was debarred prior to bid opening or

opening of proposals.





(g) Debarment



(1) The Debarment Committee may, in
the

public interest, debar a contractor for

any of the causes listed in this

ordinance, using the procedures outlined

below. The existence of a cause for

debarment, however, does not necessarily

require that the contractor be debarred;

the seriousness of the contractor's acts

or omissions and any mitigating factors

should be considered in making any

debarment decision.



(2) Debarment constitutes debarment
of all

officers, principals, directors, shareholders owning

or controlling [[25]] >>10<<% or more of the stock,

partners, qualifiers, divisions or other

organizational elements of the debarred

contractor, unless the debarment

decision is limited by its terms to

specific divisions, organizational

elements, or commodities. The Debarment

Committee's decision includes any

existing affiliates of the contractor,

if they are (i) specifically named and

(ii) given written notice of the

proposed debarment and an opportunity to

respond. Future affiliates of the

contractor are subject to the

pre-existing Debarment Committee's

decision.



(3) A contractor's debarment shall be

effective throughout County government.



(h) Cause for Debarment:



(1) The Debarment Committee may
debar a

contractor for a conviction or civil

judgment --



(i) For commission of
a fraud or a

criminal offense in connection

with obtaining, attempting to

obtain, performing, or making

a claim upon a public contract

or subcontract or a contract or

subcontract funded in whole or in

part with public funds;



(ii) For violation of
federal or

state antitrust statutes

relating to the submission of

offers;



(iii) For commission of

embezzlement, theft, forgery,

bribery, falsification or

destruction of records, making

false statements, or receiving

stolen property;



(iv) For commission of
any other

payment or performance related

offense that seriously and

directly affect the completion

of one or more contracts or

the performance of the

completed building >>, or project, or

goods and services<<; or



(v) Which makes the
County the

prevailing party in a legal

proceeding, and a court

determines that the lawsuit

between the contractor and the

County was frivolous or filed

in bad faith.



(2) The Committee may debar a
contractor,

based upon a preponderance of the

evidence, for --



(i) Violation of the
terms of a

County contract or subcontract,

or a contract or subcontract

funded in whole or in part by

County funds, such as willful

failure to perform in accordance

with the terms of one or more

contracts; or the failure to

perform, or unsatisfactory

performance of one or more

contracts [[; as certified by an

independent registered architect,

engineer, or general contractor.]]



(ii) Violation of a
County

ordinance or administrative

order which lists debarment as

a potential penalty.



(iii) Any other cause of
so serious

or compelling a nature that it

affects the responsibility of

a County contractor or

subcontractor in performing

County work.



(i) Debarment Procedures:



(1) Investigation and
referral.

Departments shall promptly

investigate and prepare written

reports concerning a proposed

debarment, and prepare written

requests to [[CCO]] >>DBD<< for the debarment

of contractors the department

believes is subject to any of the

causes listed above. >>The County Manager (or

his or her designee), and the Office of the

Inspector General, may investigate, prepare

written reports on, and prepare written

requests for, debarment of contractors or

subcontractors.<<



(2) Upon receipt of a
request for

debarment, [[the County Manager]] >>DBD<< shall

create a Debarment Committee>>from the

Standing Pool of Committee members appointed

by the County Manager<<, none

of whose members shall include a

representative from the department

making the debarment request. [[CCO]] >>DBD<<

shall act as staff to the Debarment

Committee >>.<< [[and, with the assistance

of the]] >>The<< department requesting debarment,

>>shall<< present evidence and argument to

the Debarment Committee. >>In the event that the

requesting department requests the assistance of the

County Attorney's Office, the County Attorney's

Office shall provide as counsel to the requesting

department a representative of the office

independent from any designated to advise

the Debarment Committee in the proceedings.<<



(3) Notice of proposal
to debar.

[[Within five (5) working days of the

Debarment Committee having been

established, CCO]] >>DBD,<< on behalf of the

Debarment Committee, shall issue a

notice of proposed debarment

advising the contractor and any

specifically named affiliates, by

certified mail, return receipt

requested, or personal service,

that --



(i)
debarment is being considered;



(ii) of
the reasons and causes for

the proposed debarment in

terms sufficient to put the

contractor on notice of the

conduct or transactions(s)

upon which it is based;



(iii) that
a hearing shall be

conducted before the Debarment

Committee on a date and time

not less than twenty (20) days

after service of the notice.

The notice shall also advise

the contractor that it may be

represented by an attorney,

may present documentary

evidence and verbal testimony,

and may cross-examine evidence

and testimony presented

against it.



(iv) The
notice shall also describe

the effect of the issuance of

the notice of proposed

debarment, and of the

potential effect of an actual

debarment.



(4) No later than
[[forty-eight (48) hours]] >>seven (7) calendar

days<< prior to the scheduled hearing date, the

contractor must furnish [[CCO]] >>DBD<< a list of

the defenses>>,and the documents and records

supporting those defenses,<< the contractor intends to

present at the hearing. If the

contractor fails to submit the list>>of defenses<<, in

writing, >and the documents and records

supporting those defenses,<<

at least [[forty-eight (48) hours]] >>seven (7)

calendar days<< prior to the hearing, or fails to seek

an extension of time >>,in writing, at least

seven (7) calendar days prior to the hearing,<<

within which to do so, the contractor shall

have waived the opportunity to be heard at

the hearing. >>Failure to request an extension

at least seven (7) calendar days prior to the

hearing shall constitute an absolute waiver

to present defenses and to be heard before

the Debarment Committee.<< The Debarment Committee

>>Chair (or the Director of DBD, or his or her designee)<<

has the right to grant or deny an extension

of time >>so long as the request for an extension

of time is made at least seven (7) calendar days prior

to the hearing,<< and [[its]] >>his or her<< decision may
only

be reviewed upon an abuse of discretion standard.



>>(5) Discovery.

The process of discovery, including the

subpoenaing of witnesses, the taking of

depositions, the submission of interrogatories,

and requests for documents, is not permitted

under this ordinance. However, any party may

make a public records request under Chapter 119

of the Florida Statutes.<<



[[(5)]] >>(6)<< Hearsay
evidence shall be admissible at

the hearing but shall not form the sole

basis for initiating a debarment

procedure nor the sole basis of any

determination of debarment. The hearing

shall be transcribed, taped or otherwise

recorded by use of a court reporter, at

the election of the Committee and at the

expense of the County. Copies of the

hearing tape or transcript shall be

furnished at the expense and request of

the requesting party.



[[(6)]] >>(7)<< Debarment
Committee's decision. In

actions based upon a conviction or

judgment, or in which there is no

genuine dispute over material facts, the

Debarment Committee shall make a

decision on the basis of all the

undisputed, material information in the

administrative record, including any

undisputed, material submissions made by

the contractor. Where actions are based

on disputed evidence, the Debarment

Committee shall decide what weight to

attach to evidence of record, judge the

credibility of witnesses, and base its

decision on the preponderance of the

evidence standard. >>In the event

that the contractor fails to appear at the

debarment hearing or to present

competent proof under affirmation or oath

through persons with direct knowledge of

the contractor's performance, the contractor

shall be presumed to be not responsible and

subject to debarment. The Debarment Committee's

decision shall be based on a majority of the

members of the Committee.<< The Debarment

Committee shall be the sole trier of fact. The

Committee's decision shall be made within

[[ten (10)]] >>twenty (20)<< working days after

conclusion of the hearing, unless the

Debarment Committee extends this period

for good cause.



[[(7)]] >>(8)<< The Committee's decision shall be in

writing and shall include the

Committee's factual findings, the

principal causes of debarment as

enumerated in this Ordinance,

identification of the contractor and all

affiliates affected by the decision, and

the specific term, including duration,

of the debarment imposed.



[[(8)]] >>(9)<< Notice of Debarment Committee's

decision.



(i) If
the Debarment Committee

decides to impose debarment,

>>and the Debarment Committee's

decision is not overridden by the County Manager,<<

the County Manager shall give

the contractor and any

affiliates involved written

notice by certified mail,

return receipt requested, or

hand delivery, within [[five (5)]] >>twenty (20)<<

working days of the decision,

specifying the reasons for

debarment and including a copy

of the Committee's written

decision; stating the period

of debarment, including

effective dates; and advising

that the debarment is

effective throughout the

County departments.



(ii) If
debarment is not imposed[[,]]>>by

the Debarment Committee, and the

Debarment Committee's decision

is not overridden by the County Manager,<<

the County Manager shall

notify the contractor and any

affiliates involved, by

certified mail, return receipt

requested, or personal

service, within [[five (5)]] >>twenty (20)<<

working days of the decision.



[[(9)]] >>(10)<< All decisions
of the Debarment Committee

shall be final and shall be effective on

the date the notice is signed by the

County Manager[[.]]>>unless overridden by the County

Manager within twenty (20) working days of the date of the

Debarment Committee's written decision. If the

County Manager overrides the decision of the

Debarment Committee, the County Manager shall

state in writing the reasons for his or her override

of the Debarment Committee's decision. If the County

Manager does not override the Debarment Committee's

decision within twenty (20) working days of the date of the

Debarment Committee's written decision, and does not

sign the notice to the contractor as stated in Section (i)(9)

above, the Debarment Committee's decision is final, and
becomes

effective on the twenty-first (21) working day after

the date of the Debarment Committee's written decision.

The Director of DBD or his or her designee shall then

issue the notice to the contractor as required in Section

(i)(9) above.<< Decisions of the Debarment Committee

[[are subject to review by]] >>may be appealed to<< the

Appellate Division of the Circuit Court >>within

thirty (30) calendar days of the date the notice

is signed by the County Manager. Decisions

of the Debarment Committee shall not be

overturned absent a finding of abuse of discretion.<<

A debarred contractor may seek a stay of

the debarment decision in accordance with

the Florida Rules of Appellate Procedure.



(j) Period of Debarment:



(1) The period of debarment imposed
shall be

within the sole discretion of the

Debarment Committee. Debarment shall be

for a period commensurate with the

seriousness of the cause(s), and, where

applicable, within the guidelines set

forth below, but in no event shall

exceed five (5) years.



(2) The following guidelines in the
period

of debarment shall apply expect where

mitigating or aggravating circumstances

justify deviation:



(i) For commission of
an offense as

described in subsection (h) (l) (i):

five (5) years.



(ii) For commission of
an offense as

described in subsection (h) (l) (ii):

five (5) years.



(iii) For commission of
an offense as

described in subsection

(h) (l) (iii): five (5) years.



(iv) For commission of
an offense as

described in subsection (h) (l) (iv):

one (1) to two (2) years.



(v) For commission of
an offense as

described in subsection (h) (l) (v):

two (2) to five (5) years.



(vi) For commission of
an offense as

described in subsections (h) (2) (i)

or (ii): two (2) to five (5)

years.



(vii) For commission of
an offense as

described in subsection

(h) (2) (iii): one (1) to two

(2) years.



(3) The Debarment Committee may, in
its sole

discretion, reduce the period of

debarment, upon the contractor's written

request, for reasons such as --



(i) Newly discovered
material

evidence;



(ii) Reversal of the
conviction or

civil judgment upon which the

debarment was based;



(iii) Bona fide change
in ownership

or management;



(iv) Elimination of
other causes

for which the debarment was

imposed; or



(v) Other reasons the
Debarment

Committee deems appropriate.



([[3]]>>4<<) The debarred contractor's
written

request shall contain the reasons for

requesting a reduction in the debarment

period. [[CCO]] >>DBD<<, with the

assistance of the affected
department,

shall have thirty (30) days
from receipt

of such request to submit a
written response thereto.

The decision of the Debarment Committee

regarding a request made under this

subsection is final and non-appealable.



k) Scope of Debarment:



(1) The fraudulent, criminal or
other

seriously improper conduct of any

officer, director, shareholder, partner,

agent, employee, or other individual

associated with a contractor may be

imputed to the contractor when the

conduct occurred in connection with the

individual's performance of duties for

or on behalf of the contractor, or with

the contractor's knowledge, approval, or

acquiescence. The contractor's

acceptance of the benefits derived from

the conduct may be evidence of such

knowledge, approval or acquiescence.



(2) The fraudulent, criminal, or
other

seriously improper conduct of a

contractor may be imputed to any

officer, director, shareholder, partner,

employee, or other individual associated

with the contractor who participated in,

knew of, or had reason to know of the

contractor's conduct.



(3) The fraudulent, criminal or
other

seriously improper conduct of any

subcontractor associated with a

contractor may be imputed to the

contractor when the conduct occurred in

connection with the subcontractor's

performance of duties for or on behalf

of the contractor and the contractor had

knowledge of, approved of, or acquiesced

in this conduct. The contractor's

acceptance of benefits derived from the

conduct shall be evidence of such

knowledge, approval or acquiescence.



(4) The fraudulent, criminal or
other

seriously improper conduct of one

contractor participating in a joint

venture or similar arrangement may be

imputed to other participating

contractors if the conduct occurred for

or on behalf of the joint venture or

similar arrangement, or with the

knowledge, approval, or acquiescence of

these contractors. Acceptance of the

benefits derived from the conduct may be

evidence of such knowledge, approval, or

acquiescence.



Section 2. If any section, subsection, sentence, clause of
this ordinance is held invalid, the remainder of this ordinance
shall not be affected thereby.



Section 3. This ordinance does not contain a sunset
provision.



Section 4. It is the intention of the Board of County
Commissioners, and it is hereby ordained that the provisions of
this ordinance shall become and made a part of the Code of
Miami-Dade County, Florida. The section of this ordinance may
be renumbered or relettered to accomplish such intention, and
the word "ordinance" may be changed to "section," or "article,"
or other appropriate word.



Section 5. This ordinance shall become effective ten (10)
days after the date of enactment unless vetoed by the Mayor, and
if vetoed, shall become effective only upon an override by this
Board and shall be applicable to all contracts advertised, or on
which bids are waived, after such date.



PASSED AND ADOPTED:



Approved by County Attorney as

to form and legal sufficiency. _____



Prepared by: _____



Sponsored by Commissioner ________________





DATE:





SUBJECT: Amendment to Debarment

Ordinance









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