Florida Regulations 40D-7.001: Policy
Current as of: 2024 | Check for updates
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(1) This chapter establishes the policy and procedure for suspending a contractor from working with the District, either temporarily or permanently, when a contractor materially breaches a contract with the District.
(2) The District’s objective in enacting this chapter is to serve as a good steward of taxpayer funds and encourage business practices that require contractors to materially perform in accordance with the terms and conditions of the District contract.
(3) The District Governing Board shall be authorized to temporarily or permanently suspend a contractor from doing business with the District, based upon a determination that the contractor has materially breached its contract with the District. The Governing Board may elect not to take action.
(4) By temporarily or permanently suspending a contractor from doing business with the District, the District does not waive any other legal or equitable remedies for breach of contract.
Rulemaking Authority 373.610 FS. Law Implemented Florida Statutes § 373.610. History-New 1-5-15.
Terms Used In Florida Regulations 40D-7.001
- 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
(3) The District Governing Board shall be authorized to temporarily or permanently suspend a contractor from doing business with the District, based upon a determination that the contractor has materially breached its contract with the District. The Governing Board may elect not to take action.
(4) By temporarily or permanently suspending a contractor from doing business with the District, the District does not waive any other legal or equitable remedies for breach of contract.
Rulemaking Authority 373.610 FS. Law Implemented Florida Statutes § 373.610. History-New 1-5-15.