Sec. 126.112. - Integrity in public contracting—City officers and employees.
(a) Public official bid and contract disclosure and prohibition; prohibition of purchases from Public Officers or Employees.
(1) Required disclosure. A public official who knows that he or she has a financial interest in a bid or contract shall make disclosure in writing to the Division or using agency, whichever is receiving or has received the bid or contract, (i) at the time that the bid or contract is submitted or subsequently no later than the close of the second full, regular work day after the bid or contract is submitted (not including the day that the bid is submitted or any Saturday, Sunday or City holiday), or (ii) prior to or at the time that the public official acquires a financial interest in the bid or contract and such disclosure shall include but not be limited to the following: the bid number, the name of the public official and his or her public office or position, the name and address of the business entity in which the public official has a financial interest, and the position or relationship of the public official with that business entity.
(2) Class D offense. It shall be unlawful and a class D offense for a public official to fail or refuse to make the disclosure required in subsection (1) of this Section.
(3) Prohibited purchases from officers or employees. The purchase of supplies, contractual services or capital improvements shall not be made from a person who is an officer or employee subject to F.S. Ch. 112, Pt. III or any business entity in which any officer or employee has a material interest within the meaning of F.S. Ch. 112, Pt. III, unless otherwise authorized by F.S. Ch. 112, including any applicable waiver or exemption permitted.
(4) Remedies for violations. Notwithstanding other penalties described herein, those who violate this Section shall be subject to withholding of payments under the contract, termination of the contract for breach, contract penalties, decertification and/or being debarred from or deemed nonresponsive in future City solicitations and contracts for up to three years (for less egregious violations, as determined by the Chief, a period of probation may be proposed, any violations during which period will result in debarment of no less than three years). The City or using agency acting by and through its awarding authority may: (i) nullify and terminate the purchase and sales transaction and any contract arising from or in connection with any bid or contract involving failure or refusal to disclose a financial interest of a public official as described in this Section; and (ii) declare the same null and void.
(b) Unauthorized purchases.
(1) Unauthorized purchases by officers or employees. It shall be unlawful for an officer or employee of the City or of a using agency willfully or negligently to order any purchase or to make a contract in a manner contrary to the provisions of this P-Code. A purchase order or contract or sales transaction made contrary to the provisions hereof shall be null and void unless and until accepted and ratified by the appropriate awarding authority, which awarding authority shall then advise the Chief and the City Council Auditor as to its disposition. Unless authorized or permitted to do so by executive order of the Mayor, no one other than those described in Section 126.106 hereof shall have the authority, whether actual or apparent, to execute any purchase order, contract, including contract modifications, or any sales transaction on behalf of the City. The prohibition contained in this Section shall not apply to errors or omissions of the Division in providing advice to using agencies regarding purchases under this Chapter.
(2) Chief referrals. The Chief shall refer all purchases, contracts, or sales transactions made contrary to the provisions of this P-Code to the appropriate awarding authority and a copy to the Mayor, City Council Auditor, and Inspector General designating the purchase, contract, or sales transaction as unauthorized with a recommendation as to its disposition. Relevant facts or information in the possession of the Chief believed to aid the awarding authority in its determination shall be included.
(3) Unauthorized expenditures for certain artwork or improvements. It shall be unlawful for an officer or employee of the City, or of a using agency, to expend funds for any artwork or improvement which includes thereon a likeness of any living person. The prohibition contained herein shall not apply to the expenditure of funds for a photograph or portrait of a public employee or official kept in the normal course of business, in the offices where the public employee or official conducts business, nor for random decorative artwork which is not intended as recognition for the living persons depicted.
(c) Bid tampering prohibited. Procurements made pursuant to this Chapter are subject to the bid tampering prohibition in F.S. § 838.22 (Bid tampering).
(d) Employee disclosure of personal and business relationships. A City employee performing, or participating in, a single-source procurement or serving as an Evaluation Committee member shall, prior to performing, or participating in, a single-source procurement or serving as an Evaluation Committee member disclose in writing to the Chief all current or former personal and business relationships with the contractor, bidder, respondent, or proposer, its officers, employees, and agents on a disclosure form developed by the City Ethics Office. Such disclosure form shall include a definition of "current or former personal and business relationships". The Chief, in consultation with the City Ethics Office and the applicable department head, chief, or other comparable supervisory personnel, shall review and approve such written disclosures. The Chief may promulgate additional procedures related to this subsection in the Procurement Operating Manual.
(Ord. 2023-20-E, § 3; Ord. 2025-10-E, § 2)
