Florida Regulations 40E-7.214: Policy
Current as of: 2024 | Check for updates
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(1) This rule establishes policies and procedures for suspending a contractor from working with the District, either temporarily or permanently, whenever a contractor materially breaches its contract with the District.
(2) The District’s objective in enacting this rule is to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the District contract.
(3) The District Governing Board, upon recommendation by the Procurement Bureau Chief, shall be authorized to temporarily or permanently suspend a contractor from doing business with the District. Suspension must be based on adequate evidence indicating that the contractor has materially breached its contract with the District.
(4) Temporarily or permanently suspending a contractor from doing business with the District does not preclude the District from seeking any other legal or equitable remedies for breach of contract.
Rulemaking Authority 373.610 FS. Law Implemented Florida Statutes § 373.610. History-New 4-1-03, Amended 6-15-16.
Terms Used In Florida Regulations 40E-7.214
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) The District Governing Board, upon recommendation by the Procurement Bureau Chief, shall be authorized to temporarily or permanently suspend a contractor from doing business with the District. Suspension must be based on adequate evidence indicating that the contractor has materially breached its contract with the District.
(4) Temporarily or permanently suspending a contractor from doing business with the District does not preclude the District from seeking any other legal or equitable remedies for breach of contract.
Rulemaking Authority 373.610 FS. Law Implemented Florida Statutes § 373.610. History-New 4-1-03, Amended 6-15-16.