Procedures related to suspension, debarment and reinstatement.

Sarasota Code § 2-368

in effect

Sec. 2-368. - Procedures related to suspension, debarment and reinstatement. (a) Notice of intent. When the procurement official is considering imposing a suspension or debarment, they shall first provide a written notice setting forth the facts and circumstances supporting the proposed action, and setting a deadline by which the person or entity must submit a response. The response must, at a minimum, include detailed responses to the facts and circumstances set forth in the notice, copies of all relevant documents, and citation to any legal authorities or other cases the person or entity wants to have considered by the procurement official. Failure to timely file a response shall result in the procurement official's notice of intent to become final on the date of the deadline, or any extension thereof, set forth in the notice. (b) Opportunity to be heard. In addition to the opportunity to submit a written response, if, after receipt of the response, the procurement official determines that it would be helpful for a meeting on the matter, or if a meeting is requested by the person or entity under consideration for suspension or debarment, then the procurement official shall conduct a meeting to listen to any presentation the person or entity wishes to make. To ensure all relevant issues are identified, no meeting request may be made by a person or entity under consideration for suspension or debarment unless a timely written response as provided for in subdivision (a) above has first been filed. (c) Final determination. After considering the written response, and any presentation made during a subsequent meeting, the procurement official shall make a written decision to either withdraw the notice of intent, or to debar or suspend the person or entity. The final decision shall state the factual and legal reasons for the action taken and the term of the suspension or debarment. (d) Review of suspension or debarment. Final notices of suspension or debarment shall be final and binding unless the debarred or suspended person or entity, within ten (10) calendar days of the decision, files with the city clerk a written notice to the city manager requesting review. Upon receipt of a timely review request, the manager may, in his or her discretion, request a written response from relevant city staff or other relevant persons or entities, or schedule the matter for an in person or video conference discussion. In any review of a final determination, the review shall be limited to determining whether there was factual support for the decision taken, that the decision does not violate any statute or ordinance, and that all required notices and process were provided by city staff. Neither side may present any new evidence, issue or legal argument not first presented to the procurement official. (e) Reinstatement. The procurement official shall have the authority to reinstate any person or entity under an existing suspension or debarment period. To request reinstatement, the person or entity must submit to the city clerk a written request, which shall, at a minimum, include all relevant facts and documentation which the person or entity contends supports the early termination of the suspension or debarment. Relevant factors include, but are not limited to, demonstrated rehabilitation, a change in ownership or control to innocent owners, restitution payments, subsequent court rulings, changes in the law, or where, in the procurement official's sole judgment, the city's interests would be adequately protected, and the person or entity to be reinstated is not likely to again engage in similar conduct. The procurement official may also grant limited reinstatement to respond to emergency contracting needs. As a condition of reinstatement, the procurement official may limit the nature and scope of contractual undertakings that must be satisfactorily completed before seeking additional contracts from the city. (f) Copies of all suspension, debarment and reinstatement decisions shall be maintained by the procurement official's office and posted in an appropriate area of the procurement page of the city's website. (Ord. No. 26-5588, § 2, 3-2-26)

Source: City of Sarasota, Florida, Code of Ordinances and Zoning Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/sarasota/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTVIFIPUSA_DIV3PRCO_S2-368PRRESUDEREFetched: 11/14/2026