§ 126.104. Integrity of public contracting and purchasing process.

(a)

In recognition that the preservation of the integrity of the public contracting and purchasing process of the City is vital and is a matter of great public interest, the City Council determines and declares that:

(1)

The procedures of the City for determining with whom the City transacts business exist to secure for the public the benefits of free, fair, and open competition among those persons whose conduct reflects good citizenship for the public.

(2)

The opportunity to bid on public entity contracts or to supply goods and services to the City or to otherwise transact business with the City is a privilege, not a right.

(3)

In order to preserve the integrity of the public contracting and purchasing process, the privilege of transacting business with the City should be denied to persons involved in certain crimes other than in exceptional circumstances and only after review by the City Council.

(4)

It is the intent of the City Council to provide sufficient authority to the City, its departments and independent agencies, to ensure the integrity of public contracting and purchasing. To the extent any provision contained herein is in direct conflict with Chapter 255, Chapter 287, or other provisions of the statutes of the State of Florida, Florida Statutes shall control and govern.

(5)

It is the intent of the City Council that any contract entered into in violation of this Section shall not be void, but that the contract be voidable at the option of the City Council. Nothing herein modifies the City's right to terminate a contract in accordance with its terms.

(b)

Unless the application of this Section shall be waived by the City Council, the City shall not enter into a contract:

(1)

With an individual who has been convicted of a public entity crime within the past three years in a local, state or federal court;

(2)

With a corporation, partnership or other business entity whose affairs and policies are legally or factually controlled by an individual (either directly or through intermediaries) convicted of a public entity crime within the past three years in a local, state or federal court; or

(3)

With a corporation, partnership or other business entity which is owned by a corporation, partnership or other business entity (either directly or indirectly through intermediaries) convicted of a public entity crime within the past three years.

(4)

With any company, individual or entity who employs individuals who are not legally authorized to be in the United States of America. Any company, individual or entity entering into a contract with the City of Jacksonville shall verify all workers are properly authorized and legally permitted to perform work in the United States by E-verify or other similar verification methods.

Any contract entered into in violation of this subsection is voidable at the option of the City Council.

(c)

As used in this Section:

(1)

City means the City and all its departments, agencies, independent agencies and anyone required to use the Department.

(2)

Convicted or conviction means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal, state or local court of record relating to charges brought by indictment or information as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.

(3)

Owned means a 20 percent or more ownership.

(4)

Public entity crime means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, perjury, or material misrepresentation.

(d)

The City Council may, by ordinance, waive the provisions of this ordinance, or ratify any contract issued in violation of this Section after considering the following factors:

(1)

The nature and details of the public entity crime.

(2)

Whether the public entity crime was committed by the individual, corporation, partnership or other public entity seeking the contract or by an individual in factual control or by a direct or an indirect owner.

(3)

The degree of capability, if any, of the individual, corporation, partnership or other business entity seeking the contract.

(4)

The promptness of the payment of any damages or penalty agreed upon or assessed in connection with the conviction.

(5)

The level of cooperation with state or federal investigation or prosecution of the public entity crime at issue; provided that a good faith exercise of any constitutional, statutory, or other right during any portion of the investigation or prosecution of any public entity crime shall not be considered a lack of cooperation.

(6)

The disassociation from any individual convicted of the public crime.

(7)

The commitment, if any, to self-policing to prevent public entity crimes.

(8)

The reinstatement or grant of clemency by any jurisdiction in relation to the public entity crime at issue in the proceeding.

(9)

The need for completion in the procurement of goods and services.

(10)

The demonstration of good citizenship by the individual, corporation, partnership or other business entity seeking the contract.

(11)

The cost to the City in voiding a contract or of refusing to waive the provisions.

A waiver or ratification under this Section shall only cure a contract voidable under this Section to the extent of the disclosure made in the sworn statement provided to the Chief of Procurement, hereinafter for this Chapter "Chief", includes, without limitation: (i) the name of the vendor; (ii) the business address of the vendor; and (iii) a statement that the vendor is not prohibited from contracting with the City under this Section; or if the vendor is prohibited from contracting with the City under this Section, the name and location of the local, state or federal court, the style of the case (including the case number) and a brief description of each count under which the vendor, the corporation, partnership or other business entity which owns the vendor, or the individual in control of the vendor was convicted.

(e)

No party shall have standing to enforce this Section in a court of competent jurisdiction except the City.

(Ord. 2004-602-E, § 4; Ord. 2005-944-E, § 1; Ord. 2010-712-E, § 1; Ord. 2017-288-E , § 7)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.