§ 2-230. Debarment.

(a)

The county manager will establish committees which may debar a contractor, contractor's key personnel, contractor's surety, subcontractor and subcontractor's key personnel, or any entity which key personnel are later employed or retained by in a supervisory position, from bidding on any county project under the circumstances enumerated below. The decision to debar is discretionary, the seriousness of the offense and all mitigating factors should be considered in making the decision to debar. The notice of debarment shall state the time when such debarment will be lifted, if ever, and the contractor's right to appeal such debarment to the board of county commissioners under the board's regular agenda. The board reserves the power to waive or lift any committee imposed suspension or debarment.

(b)

An individual or business may be permanently debarred for any of the following reasons:

(1)

Conviction or a judgment obtained in a court of competent jurisdiction for:

a.

Commission of a fraud or a criminal offense as an incident to obtaining, attempting to obtain, or in the performance of a public contract;

b.

Violation of any federal or state anti-trust or anti-racketeering statutes arising out of submission of bids or proposals;

c.

Commission of embezzlement, theft, forgery, bribery, falsification of or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which seriously and directly affects the question of present responsibility as a county contractor, subcontractor or vendor;

If the conviction or judgment is reversed on appeal, the debarment shall be removed upon receipt of notification thereof.

(2)

Competent and substantial evidence of a violation of a county contract provision, as set forth below, when the violation is of a character so as to justify debarment action such as:

a.

Failure to perform in accordance with the specifications or delivery requirements in a contract;

b.

A history of failure to perform, or of unsatisfactory performance, in accordance with the terms of one or more contracts; provided that such failure or unsatisfactory performance is within a reasonable period of time preceding the determination to debar. Failure to perform for unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered as a basis of debarment.

(c)

Upon adequate evidence, an individual or business may be temporarily debarred for a period up to three years based upon substantial evidence of involvement in any of the causes cited in subsection (b) above.

(Ord. No. 98-37, § 1, 7-7-98)