Chapter 108 - CENTRAL SERVICES

Sec. 106.1202. - Expenditures for Food and Beverages Authorized. Chapter 110 - CITY TREASURY Chapter 108 - CENTRAL SERVICES[1]

Footnotes: --- (1) ---

Charter reference— Use of central services generally, § 7.104; use of central services by school board, § 13.09.

PART 1. - GENERAL PROVISIONS

Sec. 108.101. - Use of central services.

As provided in Section 7.104 of the Charter, the central services provided by the Consolidated Government shall be used by all City agencies and by the independent agencies, except when otherwise provided by law. Independent agencies shall compensate the Consolidated Government for all services provided to them as central services on a cost-accounted basis, to the extent that central services are actually used by an independent agency.

(Ord. 83-591-400, § 1; Ord. 84-1307-754, § 6)

Sec. 108.102. - Scope of central services; limitations.

The central services provided by the Consolidated Government shall be as follows:

(a)

The services provided by the Department of Finance and Administration, except for:

(1)

The Jacksonville Port Authority (unless the Authority, by written agreement between it and the City, elects to utilize all or part of the services of the Department).

(2)

The JEA with report to:

(i)

Services for which the JEA had received, on or before September 30, 1983, the authorization of the Director of Finance and Administration to secure professional assistance from a source outside the Department; and

(ii)

Services related to new or expanded JEA activities, projects or functions which are commenced on or after October 1, 1983; provided, that:

(A)

The JEA may, by written agreement between it and the City, utilize all or part of the services of the Department in connection with the exceptions made in subparagraphs (i) and (ii).

(B)

Services being provided to the JEA by the Department on September 30, 1983 shall continue to be utilized by the JEA unless otherwise authorized by the Director in accordance with law.

(b)

The services provided by the Office of General Counsel, except:

(1)

With respect to the independent agencies, in those cases when the General Counsel determines that the Office of General Counsel cannot provide legal services in a particular area.

(2)

As provided in F.S. § 349.041(2).

(c)

The services provided by the Human Resources Division, except:

(1)

With respect to the Duval County School Board, for instructional personnel in the public schools and personnel required by State law and regulations of the State Board of Education to be certificated under State law.

(2)

The Jacksonville Port Authority shall not be required to use the services of the Department but may, by written agreement between it and the City, elect to do so.

(3)

The Jacksonville Transportation Authority shall not be required to use the services of the Department in the operation of the bus system but shall otherwise do so in the operation of its Mass Transportation Division.

(d)

The services provided by the Planning and Development Department, except for the Jacksonville Port Authority (unless the Authority, by written agreement between it and the City, elects to utilize all or part of the services of the Department).

Written agreements authorized by this Section may be executed by the Mayor and Corporation Secretary without the necessity for approval by the Council.

(Ord. 83-591-400, § 1; Ord. 87-1150-614, § 3; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.103. - Central services charges.

Each City agency that uses central services shall pay a charge therefor. The charge for each service or class of service performed shall be established by the head of the department providing the service, subject to the approval of the Mayor or his designee. A central service charge shall be calculated on the basis of actual costs to the department of providing the service, including labor (which shall include salaries, benefits and applicable taxes), materials, equipment, services needed to provide the service being charged for and overhead costs not otherwise included. Central service charges shall be based on a unit rate not on a flat rate for services generally to be provided.

(Ord. 83-591-400, § 1)

Sec. 108.104. - Billing and collection of central service charges.

Under rules promulgated by the Director of Finance and Administration, each agency providing central services to other City or independent agencies shall render a monthly statement or bill for all services performed during that month for each City or independent agency. A statement addressed to a City agency shall be sufficient authority for the Accounting Division to transfer the amount billed from the agency receiving the statement to the agency rendering the statement in satisfaction of the statement; provided, that the rules promulgated under this Section shall provide a mechanism whereby items included on a statement can be questioned by the agency charged with them and the statement adjusted in case of incorrect charges. A bill addressed to an independent agency shall be sufficient authority for the independent agency to pay over to the City, for credit to the agency rendering the bill, the amount of the bill; provided, that the rules promulgated under this Section shall provide a mechanism whereby items included on a bill can be questioned by the independent agency charged with them and the bill adjusted in case of incorrect charges. It shall be the duty of each City and independent agency to promptly transfer or pay over the amount charged or billed to it as central services charges, except a charge as to which there is a question as to the amount of the charge or the correctness of the charge to the agency; the questioned charge shall be paid as soon as final adjustment is made, if the adjustment results in any charge still being owed by the City or independent agency.

(Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.105. - Purchase of central services unlawful.

Except as allowed by or under the authority of law, it shall be unlawful for a City or independent agency to purchase from a person (other than the appropriate department listed in Section 108.102) a service which is provided as a central service by the departments listed in Section 108.102 or to pay a person (other than the appropriate department listed in Section 108.102) to provide the service. A purchase or payment contrary to this Section shall be deemed a violation of Subpart C, Part 3, Chapter 106. The Director of Finance and Administration, for a division under his control and supervision, may authorize, at the request and with the concurrence of the division chief, the securing of professional assistance from an outside source in the event that the division does not have the expertise or the personnel to accomplish the desired service.

(Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.106. - Establishment of in-house central service unlawful; exception for field offices of Department of Finance and Administration.

Except as allowed by or under the authority of law, it shall be unlawful for any City or independent agency to establish within that agency an activity to provide any service which is provided as a central service by the departments listed in Section 108.102. Any establishment shall be deemed a violation of Subpart C, Part 3, Chapter 106. However, this Section shall not prohibit or make unlawful the establishment by a department listed in Section 108.102 of a field office physically located within another City agency or an independent agency for the purpose of providing the central services on a more efficient and cost-effective basis to the agency within which the field office is located; but a field office shall remain under the control and direction of the department establishing it.

(Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.107. - Retained earnings account.

Where deemed necessary by the Mayor, the Treasurer is authorized to set up on the books of the Internal Service Fund a retained earnings account for each of the departments listed in Section 108.102, and the revenues earned by each department during each fiscal year which exceed the expenses chargeable to that department shall, as soon as practicable after the close of each fiscal year, be paid into the retained earnings account for that department. The retained earnings account shall be available for expenditure, upon appropriation by the Council, for capital improvements for the department and the purchase of new or replacement equipment or other assets and, to fund projected operating deficits. The moneys in the working capital fund created by Section 108.408 are not subject to this Section.

(Ord. 83-591-400, § 1; Ord. 86-1305-736, § 3)

Sec. 108.108. - JEA authorized to use central services with respect to St. Johns River Power Park.

The JEA is authorized and empowered to utilize on a cost-accounted basis the various central services of the City in order to carry out its responsibilities under the Joint Ownership Agreement with Florida Power and Light Company for the construction and operation of the St. Johns River Power Park, and the Council finds and determines that the use by the JEA shall be for a public purpose. This authorization to the JEA shall survive the actual date of closing of the agreement and shall continue throughout the life of the joint power project. Whenever the JEA determines that it desires to utilize a particular central service, the head of the particular department shall be notified of the JEA's need. The department head shall make the service available to the JEA on a cost-accounted basis and in accordance with the procedures established in the Ordinance Code and by the department for the utilization of service. The department head may refuse to provide the service requested if he determines that the service cannot be reasonably provided or if it cannot be provided in the time requested. The department head shall establish the scheduling of the service.

(Ord. 83-244-114, § 1; Ord. 83-591-400, § 1)

Note— Former § 126.444.

PART 2. - DATA PROCESSING SYSTEMS AND EQUIPMENT

Sec. 108.201. - Definitions.

For the purposes of this Part 2:

(a)

Agency means a department, board, commission, authority, officer or other separately defined functional group of the City or an independent agency.

(b)

Data processing center means an activity established under the supervision of the Chief of ITD to provide data processing services for two or more agencies through the use of data processing equipment and personnel assigned to the center.

(c)

Data processing equipment means all key punches, verifiers, data recorders, unit record and tabulating equipment, computer systems and components thereto, and bookkeeping machines used as part of a data processing system or to create data for computer input, and all similar equipment hereafter developed for data processing and micrographics purposes. The term shall include all electronic devices designed to support or to be used in conjunction with a computer system, including direct computer-to-microfilm devices, terminal computers, word processors and other terminal devices, video sets, teletype machines, telephone data sets and line controllers.

(d)

Data processing installation means any item or items of data processing equipment that are located in any agency for the purpose of providing data processing services.

(e)

Data processing system means the design of and the process of designing, documenting and implementing an interacting assembly of data processing equipment, skills and techniques to provide for the flow of information and data required to facilitate the management and operation of an agency.

(Ord. 69-29-42, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-1060-516, § 2; Ord. 83-591-400, § 1; Ord. 83-866-479, § 1; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 12.301.

Sec. 108.202. - Acquisition, maintenance and repair of data processing equipment; transfer and joint utilization of equipment.

Data processing equipment suitable for efficient and effective use by City and independent agencies shall be provided by the IT Division through purchase, lease, rent, transfer of equipment from other agencies or otherwise, and the Department is authorized and directed to provide by contract or otherwise for the maintenance and repair of such equipment. In carrying out its responsibilities under this Part 2, the Department is authorized to transfer data processing equipment between agencies, to provide for joint utilization of such equipment by two or more agencies and to establish and operate one or more data processing centers for the use of two or more agencies when necessary for its most efficient and effective utilization.

(Ord. 83-591-400, § 1; Ord. 83-866-479, § 2; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.203. - Delegation of authority.

The Chief of ITD may delegate to one or more agencies authority to operate special-use data processing equipment and data processing centers, when this action is determined by the Chief of ITD to be necessary for the economy and efficiency of operations or when this action is essential to the security of operations. This delegation shall be in writing and may be modified or revoked at any time.

(Ord. 83-591-400, § 1; Ord. 83-866-479, § 2; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.204. - Data processing installations; control of.

A data processing installation that is installed in an agency shall remain under the control of the Division, and the agency shall not acquire any right or entitlement to control. The Division may remove, maintain, repair, replace, improve, utilize and modify a data processing installation under its control, wherever located.

(Ord. 83-591-400, § 1)

Sec. 108.205. - Scientific and technological advisory services; research and development.

The IT Division shall provide agencies with scientific and technological advisory services relating to data processing equipment and systems. The Department is authorized to undertake the necessary research and development in the sciences and technologies of data processing computer and related systems as may be required to meet its obligation under this Section.

(Ord. 83-591-400, § 1; Ord. 83-866-479, § 2; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.206. - Uniformity of standards; development of policies, procedures, etc.

The IT Division shall make appropriate recommendations to the Mayor relating to the establishment of uniform data processing standards and to the most economical use of the services provided by the Department. The Mayor shall develop and implement appropriate policies, procedures and implementation schedules so that the services, equipment and capabilities of the Department will be utilized by the Consolidated Government in the most efficient and effective manner.

(Ord. 83-591-400, § 1; Ord. 83-866-479, § 2; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.207. - Development and use of data processing systems and equipment.

(a)

No agency shall develop or implement, or contract to develop or implement, new data processing systems or major modifications to existing data processing systems requiring the use of data processing equipment, or acquire data processing equipment by purchase, lease or otherwise, except upon the recommendation of the Intra-Governmental Director and the approval of the Director of Finance and Administration.

(b)

No agency shall utilize data processing services from any source other than the Intra-Governmental Department, except upon the recommendation of the Intra-Governmental Director and with the prior approval of the Council. Upon approval by the Mayor, the Intra-Governmental Director may contract for software development for the use of the City's data processing center.

(Ord. 69-29-42, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-1060-516, § 2; Ord. 82-835-437, § 1; Ord. 83-591-400, § 1; Ord. 83-866-479, § 1; Ord. 2011-732-E; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 12.306.

Sec. 108.208. - Cooperative agreements with other governmental data processing activities.

The Intra-Governmental Director is authorized to negotiate with data processing activities operated by the federal, State or other local governments for cooperative agreements with or among the City and such other governmental data processing activities for the sharing of equipment, data bases, programs and related matters by the cooperating governments on an equal basis, with such sharing of costs and expenses as are necessary and reasonable. A cooperative agreement shall be in writing, approved by the Director of Finance and Administration and executed by the Mayor and Corporation Secretary before becoming effective.

(Ord. 83-591-400, § 1; Ord. 83-866-479, § 2; Ord. 2011-732-E; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.209. - Licensing of computer software; copyrighting and patenting of software.

(a)

The Intra-Governmental Department is authorized to license, on a nonexclusive basis, to other governmental agencies outside the Consolidated Government and to private commercial firms, the computer software, including computer programs, developed and improved by the Department as original works and methods, as determined from time to time by the Chief of ITD. The Department is also authorized to obtain from the appropriate authorities of the United States the necessary copyrights under Title 17, United States Code and patents under Title 35, United States Code to furnish protection for the City as owner of the computer software. The computer software which is the subject of this Section is declared to be the exclusive property of the City for the use of the Department in the performance of its duties and responsibilities; use by any other person is prohibited unless by license issued under this Section. A licensee may, with the approval of the City, permit a person (known as a sublicensee) to use licensed computer software, under and subject to its license, in which case the sublicensee shall agree to observe the terms and conditions of the license agreement.

(b)

The Intra-Governmental Director is authorized to negotiate with the entities described in subsection (a) of this Section for the licensing of computer software owned by the City and to recommend to the Mayor a licensing agreement in a form approved by the Office of General Counsel. The Mayor and Corporation Secretary are authorized to execute a licensing agreement with such entities as agree to its terms and conditions. In concluding an agreement with an entity, the following restrictions shall be observed:

(1)

Licensees (and sublicensees of such licensees) shall be domiciled or have their principal places of business within the United States.

(2)

The licensed computer software shall be used by the licensee (or sublicensee) within the United States only.

(3)

No computer software shall be licensed if it has been developed under a grant or other program which:

(i)

Requires the software to be shared with or given to other municipalities or commercial corporations at no cost to them.

(ii)

Prohibits licensing agreements altogether.

(c)

In calculating the license fee to be paid by the licensee under the licensing agreement, the Intra-Governmental Director shall determine the development costs of the licensed computer software and a license fee equal to ten percent of the total development costs shall be paid by each licensee; provided, that, if a sublicensee is agreed to, the license fee shall be increased to an amount determined by the Intra-Governmental Director and approved by the Mayor to represent an equitable return to the City for the use of the licensed computer software by the sublicensee.

(d)

The Intra-Governmental Director is authorized to negotiate with other governmental agencies outside the Consolidated Government for the licensing of computer software without the payment of any license fee, on a reciprocal basis. A licensing agreement shall be executed, the same as if a license fee were to be paid, but it shall establish the reciprocity between the City and the agency.

(e)

The licensing agreement shall provide that the City may acquire from the licensee (and sublicensee, if any), at a price fixed in or determinable from the agreement, a license to use any computer software developed by the licensee (and sublicensee, if any) that incorporates all or part of a computer program previously licensed by the City to the licensee.

(f)

The authority granted by this Section shall not be construed as authority for the Intra-Governmental Department to prepare computer programs to the order of the various licensees.

(Ord. 74-41-49, §§ 1—5; Ord. 83-591-400, § 1; Ord. 83-866-479, § 2; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.210. - Contingency planning.

The continuous operation of the main data processing center is paramount to the City and its independent agencies. The Intra-Governmental Department is authorized to negotiate agreements with other governmental agencies outside the Consolidated Government and with private persons, on a monetary or reciprocal basis, to provide back-up service to the main data processing center in times of emergency or catastrophe. Agreements shall be in writing, approved by the Director of Finance and Administration and executed by the Mayor and Corporation Secretary before becoming effective. These agreements shall take account of the City's civil defense plan adopted under Chapter 674.

(Ord. 83-591-400, § 1; Ord. 83-866-479, § 2; Ord. 2011-732-E; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.211. - Revolving fund.

There is authorized to be established a revolving fund for the Intra-Governmental Department, which shall be available for expenses (including personal services), other costs and the procurement by lease, purchase, transfer or otherwise of data processing equipment and the maintenance and repair of such equipment necessary for the efficient coordination, operation and utilization of such equipment by and for using agencies. The revolving fund shall be created from moneys:

(a)

With respect to the general government, transferred from available funds of City agencies for particular services rendered; and

(b)

With respect to the independent agencies, transferred with the consent of the authorized representative of the agency and designated for payment of particular services rendered,

Concurred in by the Department and approved by the Mayor. The revolving fund shall be credited with (a) advances and reimbursements from available appropriations of any agency utilizing the equipment and services rendered it, at rates determined by the Intra-Governmental Director (with the approval of the Director of Finance and Administration) to approximate the costs met by the fund (including depreciation of equipment, provision for accrued leave, amortization of installation costs and professional services), (b) refunds or recoveries resulting from operations of the fund, including the net proceeds of disposal of excess or surplus personal property and receipts for loss of or damage to property and (c) moneys paid for services rendered to federal, State and local governments whose budgets are not subject to the approval of the Council. Following the close of each fiscal year, any net income, after making provisions for prior fiscal year losses, if any, shall be transferred to the City Treasury as miscellaneous revenues. Nothing in this Section shall prohibit or prevent the Council from making further provisions regarding the revolving fund in the budget ordinance or other appropriation ordinances.

(Ord. 83-591-400, § 1; Ord. 83-866-479, § 2; Ord. 2011-732-E; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

PART 3. - COMMUNICATIONS SYSTEMS AND SERVICES

Sec. 108.301. - Definitions.

Any reference in this Part 3 to "communications," "communications services" or "communications system" means any transmission, emission and reception of signs, signals, writings, images and sounds of intelligence of any nature by wire, radio, optical or other electromagnetic systems and shall include all facilities and equipment owned, leased or used by all City and independent agencies, to the extent that they are required by law to use the services of the Communications Division.

(Ord. 83-591-400, § 1)

Sec. 108.302. - Continuous and annual inventory; reporting lost, stolen or damaged equipment.

All officers, departments and boards of the City shall furnish the Communications Officer with a continuous inventory of all communications equipment utilized by their respective agencies and shall, annually, as directed by the Communications Officer, submit a complete inventory of communications equipment. This inventory shall include lists of equipment acquired by purchase, transfer, lease or any other manner. Every person charged with the custody of an item of communications equipment shall inform the Communications Officer when the item is lost, stolen or damaged and he shall be relieved of responsibility for the item only as directed by the Communications Officer. No communications equipment shall be disposed of without the express authorization of the Communication Officer.

(Ord. 73-1060-516, § 2; Ord. 83-591-400, § 1)

Note— Former § 12.405.

Sec. 108.303. - Cooperative use of systems and services.

Using agencies shall cooperate and assist in the joint use of communications systems and services. The Communications Officer, with the approval of the Director of Central Services, shall develop a system of equitable billings and charges for communications services provided in a consolidated or joint-use system of communications.

(Ord. 83-591-400, § 1)

Sec. 108.304. - Emergency assumption of control.

In the event of an emergency, the Mayor may direct civil defense assumption of control over all or part of the communications system of the Consolidated Government.

(Ord. 83-591-400, § 1)

Sec. 108.305. - Acquisition, maintenance and repair of communications equipment; transfer of equipment.

Communications systems suitable for efficient and effective use by the City and independent agencies shall be provided by the Communications Division through purchase, lease, transfer of equipment from other agencies or otherwise and the Division is authorized and directed to provide by contract or otherwise for the maintenance and repair of such systems. In carrying out its responsibilities under this Part 3, the Division is authorized to transfer communications equipment between agencies when necessary for its most efficient and effective utilization.

(Ord. 83-591-400, § 1)

Sec. 108.306. - Delegation of authority.

The Communications Officer may delegate to one or more agencies authority to operate separate communications systems, when this action is determined by the Communications Officer to be necessary for the economy and efficiency of operations or when this action is essential to the security of operations. This delegation shall be in writing and may be modified or revoked at any time.

(Ord. 83-591-400, § 1)

Sec. 108.307. - Scientific and technological advisory services; research.

The Communications Division shall provide agencies with scientific and technological advisory services relating to communications systems and services. The Division is authorized to undertake the necessary research in the sciences and technologies of communications and related systems as may be required to meet its obligation under this Section.

(Ord. 83-591-400, § 1)

Sec. 108.308. - Recommendations to Mayor; development of policies, procedures, etc.

The Communications Division shall make appropriate recommendations to the Mayor relating to the most economical use of the systems and services provided by the Division. The Mayor shall develop and implement appropriate policies, procedures and implementation schedules so that the services, equipment and capabilities of the Division will be utilized by the Consolidated Government in the most efficient and effective manner.

(Ord. 83-591-400, § 1)

Sec. 108.309. - Development and use of communications systems and services.

(a)

No agency shall develop or implement or contract to develop or implement new communications systems or major modifications to existing communications systems or acquire a communications system by purchase, lease or otherwise, except upon the recommendation of the Communications Officer and the approval of the Director of Finance and Administration.

(b)

No agency shall utilize communications services from a source other than the Communications Division, except upon the recommendation of the Director of Central Services and with the prior approval of the Council.

(Ord. 83-591-400, § 1; Ord. 2011-732-E; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.310. - Cooperative agreements with other governmental communications activities.

The Communications Officer is authorized to negotiate with communications activities operated by the federal, State or other local governments for cooperative agreements with or among the City and such other governmental data processing activities for the sharing of equipment and related matters by the cooperating governments on an equal basis, with such sharing of costs and expenses as are necessary and reasonable. A cooperative agreement shall be in writing, approved by the Director of Finance and Administration and executed by the Mayor and Corporation Secretary before becoming effective. The provisions of this Section shall not be construed as superseding the responsibilities of the Office of the Sheriff under F.S. § 287.29.

(Ord. 83-591-400, § 1; Ord. 2011-732-E; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

PART 4. - PUBLIC BUILDINGS

Sec. 108.401. - "Public building" defined.

For the purposes of this Part 4, the term public building includes any structure and the associated grounds and outbuildings owned, constructed or acquired by the City or by an independent agency for which the Public Buildings Division provides space, management services or custodial or preventive maintenance; and also includes space leased from private persons by the City and occupied by a City agency for public purposes.

(Ord. 83-591-400, § 1)

Sec. 108.402. - No agency to have exclusive interest in public building.

No City agency shall have or assert an exclusive interest in or to any public building. The City is the owner of the public buildings occupied by its agencies, and the space in the public buildings shall be utilized in the best interest and to the best advantage of the Consolidated Government, considering the needs of all the City agencies.

(Ord. 83-591-400, § 1)

Sec. 108.403. - Independent agencies not subject to Section 108.402; exception.

No independent agency occupying a public building purchased or leased with funds of the independent agency shall be subject to Section 108.402. When an independent agency occupies a public building owned or leased by the City, it shall be subject to Section 108.402 with respect to that occupancy and shall be treated the same as a City agency.

(Ord. 83-591-400, § 1)

Sec. 108.404. - General authority and responsibility of Public Buildings Division and of Chief of Public Buildings.

The Public Buildings Division (hereinafter referred to as the Division) and the Chief of Public Buildings (hereinafter referred to as the Chief) shall have general authority over and responsibility for all public buildings, except as provided for in Section 108.409. The Division shall be responsible for building management and custodial and preventive maintenance for all public buildings, including the care, management and upkeep of other public spaces associated with public buildings. Building management and custodial and preventive maintenance shall be provided by the Division, either by City employees or by contractors employed by the Division.

(Ord. 83-591-400, § 1)

Sec. 108.405. - Rental fees.

(a)

The Division shall adopt a fee schedule for the rental of space occupied by the City and independent agencies in public buildings owned by the City, taking into consideration debt service obligations, if any, costs of operation, maintenance, repair, renovation, rental fees for comparable space in privately-owned buildings, contractual or property rights encumbering public buildings, if any, and other factors deemed to be material for this purpose. In adopting the fee schedule, the Division shall assure that the space will be self-supporting from the income derived from the rental fees and that the income will be sufficient for the payment of debt service obligations, if any, and the costs of operation, maintenance, repair and renovation. The adoption of the fee schedule and of modifications thereto from time to time as needed by the Division shall be subject to prior approval by the Director of Central Services.

(b)

All public buildings owned by the City shall be included in the fee schedule and subject to the provisions of this Section, except buildings excepted by law from the fee schedule or specifically excluded therefrom in the fee schedule itself. A public building owned by an independent agency, for which the Division provides management services or custodial or preventive maintenance, shall be included in the fee schedule but the fee schedule for the building shall be based only upon factors related to the management services or custodial or preventive maintenance provided by the Division.

(c)

The rental for space occupied by City agencies in City-owned buildings shall be billed as a central service charge by the Division, based upon the current fee schedule, and shall be collected as provided in Section 108.104. In its annual legislative budget, each City agency shall show the space it occupies in public buildings (including publicly-owned and leased space) and shall, for public buildings owned by the City, include in the legislative budget the rental fee for the space calculated according to the fee schedule. An independent agency for which the Division provides management services or custodial or preventive maintenance shall also include in its annual budget proposal the rental fee for the space calculated according to the fee schedule applicable to the public building occupied by the independent agency.

(d)

Income derived from rental fees pursuant to subsection (c) of this Section shall be collected by the Division and used for the payment of debt service obligations, costs of operation, maintenance, repair, renovation or further construction of public buildings, pursuant to appropriations by the Council for these purposes.

(Ord. 83-591-400, § 1; Ord. 87-1383-737, § 1)

Sec. 108.406. - Exercise of divisional responsibilities and authority; procedures.

(a)

The Division shall exercise its responsibility and authority in a business-like fashion, having due regard for the operational needs of the City and independent agencies. The Chief shall promulgate procedures, subject to the approval of the Director of Public Works, for the exercise of this responsibility and authority.

(b)

The procedures promulgated by the Chief shall provide:

(1)

Methods for accomplishing the duties of the Division.

(2)

A standard method for determining square footage or any other measurement used as the basis for rental payments or other charges.

(3)

Methods of allocating space in both publicly-owned buildings and privately-owned buildings leased by the City based on use, personnel and office equipment.

(4)

Maximum rental rates for leasing privately-owned space.

(5)

A standard method for the assessment of rent to City and independent agencies and other authorized occupants of publicly-owned public buildings, notwithstanding the source of funds.

(c)

The Division shall prepare a form listing all conditions and requirements adopted pursuant to this Part 4 which must be met by a City agency leasing a privately-owned building. Certification that the conditions and requirements have been met shall be made by the agency head.

(d)

The responsibility for procuring, renewing, or letting publicly-owned and privately-owned space rests with the Real Estate Division under the provisions of Part 4, Chapter 122.

(Ord. 83-591-400, § 1; Ord. 87-1383-737, § 2; Ord. 2018-871-E, § 5)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.407. - Approval by Division prior to construction or lease of buildings; limitations on lease of space.

(a)

No City agency or independent agency for which the Division will provide space, management services or custodial or preventive maintenance shall construct a building for public use unless prior approval for the construction and of the need therefor is first obtained from the Division. If the Chief denies the need for the construction, the agency requesting approval may present written justification to the Division. If the Chief denies the justification, his decision is final unless the rules provide for an appeal to the Director of Public Works.

(b)

No City agency or independent agency for which the Division will provide space, management services or custodial or preventive maintenance shall lease a privately-owned building or any part thereof unless prior approval for the lease and of the need therefor is first obtained from the Division. If the Chief denies the need for the leased space, the agency requesting approval may present written justification to the Division. If the Chief denies the justification, his decision is final unless the rules provide for an appeal to the Director of Public Works. Each City agency and independent agency for which the Division will provide space, management services or custodial or preventive maintenance shall develop procedures and adopt rules to ensure that the leasing practices of that agency are in substantial compliance with the rules adopted pursuant to this Section and Section 108.406.

(c)

The Division shall not authorize a City or independent agency to enter into a lease agreement for space in a privately-owned building when suitable space is available in a publicly-owned building, except upon presentation to the Division of sufficient written justification, acceptable to the Chief, that a separate space is required in order to fulfill the legal duties of the agency making the request. If the Chief denies the justification, his decision is final unless the rules provide for an appeal to the Director of Public Works. This justification shall be submitted separately from a justification that may be necessary under subsection (b) of this Section.

(d)

No City or independent agency shall obtain more than one lease for space in the same privately-owned facility or complex within any 12-month period except upon the solicitation of competitive bids under the Purchasing Code.

(Ord. 83-591-400, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.408. - Public buildings working capital fund.

There is established in the Treasury a public buildings working capital fund to be administered by the Division. Appropriations made for the purpose of renovating, repairing and improving public buildings shall be transferred to this fund and are appropriated for these purposes without regard to fiscal years. The Division shall use the funds in this fund for renovations, repairs or improvements to a publicly-owned building for which the Division provides preventive maintenance or management services and the agency on whose behalf or at whose request the renovation, repair or improvement was made shall reimburse the fund from available agency appropriations, unless the Chief approves the renovation, repair or improvement without the necessity of reimbursement. Reimbursement may be required in the same fiscal year in which the renovation, repair or improvement was made or, with the approval of the Chief, may be repaid in installments until the cost of the renovation, repair or improvement is recovered.

(Ord. 83-591-400, § 1)

Sec. 108.409. - Transfer of Division's authority to certain agencies.

In the case of a public building occupied solely by one tenant agency, the Chief, with the approval of the Director of Central Services, may transfer any part, or all, of the responsibility and authority of the Division under this Part 4 with respect to that public building to the tenant agency, except the authority and responsibility of the Division under Section 108.408. If this transfer is approved, the Mayor may authorize, without regard to the prohibition of Section 106.304(a)(5), the appropriations for central services charges in the budget of the tenant agency to be expended directly by the agency for utilities and other expenses related to the care, operation and maintenance of the public building.

(Ord. 83-591-400, § 1)

Sec. 108.410. - Centralized coordinating and planning agency.

The Mayor may, by executive order, create an agency in the Executive branch which will act as a coordinating and planning agency with respect to public buildings and on which the Division will be represented. This agency may serve as an appeals body under this Part 4, if so provided in the executive order, in lieu of appeals to the Director of Public Works.

(Ord. 83-591-400, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 108.411. - Reserved.

Editor's note— Ord. 2018-871-E, § 6, amended the Code by repealing former § 108.411, which pertained to temporary closure of public building; rental of alternative space; and derived from Ord. 84-102-24, § 3.

PART 5. - LEGAL SERVICES

Sec. 108.501. - Advisory opinions.

Upon the written request of the Mayor, Sheriff, Supervisor of Elections, Property Appraiser, Tax Collector, a board or commission elected by the people, appointed, wholly or partly, by the Mayor and confirmed by the Council or created under an executive order, or the head of an executive department, the General Counsel shall give his official opinion and advice in writing on questions of law touching upon or concerning their official duties. When the opinion has been signed by the General Counsel, it shall be binding upon all agencies of the City, including the independent agencies but excluding the Council and departments in the legislative branch, whether or not any of these agencies is named in the opinion, unless and until the General Counsel recedes from or withdraws the opinion or a court of competent jurisdiction establishes the law to be different. Nothing in this Section shall prohibit or prevent the General Counsel or an Assistant Counsel from giving advice upon a question of law arising in the administration of the government, but this advice shall be for the guidance only of the agency, official or employee to whom it was given.

(Ord. 83-591-400, § 1)

Sec. 108.502. - Advisory opinions to be compiled.

The advisory opinions issued and signed by the General Counsel previously and under the authority of Section 108.501 shall be compiled by him and kept as a permanent record of the Office of General Counsel. Appropriate indexes, headnotes, footnotes and explanatory matters may be provided in this compilation, as deemed necessary by the General Counsel.

(Ord. 83-591-400, § 1)

Sec. 108.503. - Litigation between agencies prohibited.

No agency of the Consolidated Government, including an independent agency required by law or contract to use the services of the Office of General Counsel, shall institute or maintain an action in any of the courts of this State or in any court of the United States against any other agency of the Consolidated Government, including an independent agency, for any cause whatsoever, unless expressly authorized to do so by the Council. No agency of the Consolidated Government, including an independent agency required by law or contract to use the services of the Office of General Counsel, shall expend public funds, from whatever source derived, for the purpose of instituting or maintaining an action against another agency of the Consolidated Government, including an independent agency, unless expressly authorized to do so by the Council. Whenever an agency requests the Council to authorize the institution or maintenance of a judicial action, it shall, at the same time, request an appropriation or, if it is not subject to the budgetary control of the Council, make available in its budget, sufficient funds to cover the anticipated costs and expenses of the litigation. It shall be unlawful for the head of an agency, and each member if the agency head is a collegial body, to authorize, direct or consent to the institution or maintenance of an action contrary to this Section, and the unauthorized expenditure of public funds therefor shall be deemed an expenditure contrary to appropriations, subject to the penalties and liabilities provided in Subpart C, Part 3, Chapter 106.

(Ord. 83-591-400, § 1)

Sec. 108.504. - Conduct, prosecution and defense of litigation reserved to Office of General Counsel.

Unless otherwise provided by law or by the Council, the conduct, prosecution and defense of all civil litigation in which the City or an independent agency is a party or is interested, is reserved to the Office of General Counsel. The General Counsel shall supervise all litigation prosecuted or defended by the Office of General Counsel and shall direct all Assistant General Counsels and special counsels authorized pursuant to Section 108.505 in the discharge of their respective duties. The General Counsel or an Assistant General Counsel or special counsel detailed by him or her may go to any place within or without the State to attend to the interests of the City or of an independent agency in a suit pending in a State or Federal court, or to attend to any other interest of the City or of an independent agency. For the purposes of this Section, the term civil litigation includes administrative proceedings in cases in which the Office of General Counsel represents the City or an independent agency, the word suit includes an administrative proceeding and the term State or Federal court includes an administrative tribunal.

The General Counsel or an Assistant General Counsel or special counsel shall promptly enter a defense on a claim made against the City, an independent agency, or officer or employee thereof. Upon the authorization of an appropriate City department head, an appropriate manager of an independent agency, or by resolution of the City Council, the General Counsel or an Assistant General Counsel or special counsel is authorized to seek administrative or judicial relief to enjoin the violation of any provision of the Ordinance Code, to recover damages, fines, penalties, or any other monetary relief believed to be owed to the City or its independent agencies, or to seek declaratory relief.

(Ord. 83-591-400, § 1; Ord. 2004-990-E, § 1)

Sec. 108.505. - Special counsels.

The City shall secure the use of legal services from outside "special counsel" in any of the following ways:

(a)

The General Counsel is authorized to expend appropriated funds, without additional Council action for, and to retain the assistance of special counsel to represent the City with targeted issues in specialized legal subject areas, all of which may require lengthy periods of representation, and, because of their highly specialized nature, infrequency, potential conflicts, or extraterritorial jurisdiction, do not lend themselves to representation by assistant general counsels or because assistant general counsels may be unable to perform the work due to other work assignments. These specialized legal subject areas shall include: bankruptcy, copyright, patent and trademark, developments of regional impact, employee benefits and health care, entertainment, foreign jurisdiction litigation, immigration, intellectual property, maritime, Office of General Counsel employee issues, specialty contracts, stadium leases, bond and disclosure counsel, taxation, and telecommunications.

(b)

Subject to availability of funds, the General Counsel shall be authorized to expend up to $50,000 annually, for the purpose of retaining special counsel, as needed, to act as primary or co-counsel on matters affecting the City. For use of these funds, the General Counsel shall certify in writing that the interests of the City require the retaining of such special counsel, either for a limited engagement, or as a predicate for the retention of special counsel under subsection (c) below, and shall receive written approval of the Council President. The annual $50,000 special counsel allocation shall be accounted for in a separate index code within the General Counsel's budget.

(c)

Except as provided in subsections (a) and (b) above, or subsection (d) below, special counsel shall only be employed by the City and paid from the public funds, (unless otherwise provided for any independent agency), whenever, upon recommendation by the General Counsel, the interest of the City requires special counsel. The City, by Council resolution, may employ such special counsel, who shall be paid a compensation for their services as the General Counsel shall determine and the Council shall approve, to be reasonable compensation for the services to be rendered.

(d)

Notwithstanding the provisions of subsection (a), (b), and (c) above, the General Counsel is authorized to associate special counsel as additional counsel for the City and its independent agencies in any matter, when such association can be effected at no cost to the City or its independent agencies.

(Ord. 68-45-32, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-618-314, §§ 3, 4; Ord. 73-1060-516, § 2; Ord. 83-591-400, § 1; Ord. 2004-990-E, § 1; Ord. 2006-827-E, § 1; Ord. 2023-20-E, § 9)

Note— Former § 23.102.

Sec. 108.506. - Outside counsel for collection of delinquent bills and final judgments.

The General Counsel is authorized, without the necessity of Council approval, to engage the services of attorneys who are not employees of the City for the purpose of collecting delinquent bills rendered by a City agency under Part 1, Chapter 112, or by an independent agency that utilizes the services of the General Counsel under Part 1, Chapter 112, and to collect fines, fees, civil penalties, costs, collection fees, and final judgments or sums due under administrative orders rendered in any court or administrative forum in favor of the City or an independent agency. The General Counsel shall negotiate with one or more attorneys and settle the terms and conditions upon which the collections shall be made by outside attorneys engaged under this Section, with the concurrence of the Director of Finance and Administration as to the terms and conditions, which shall include the recovery of the "collection fee" authorized by Section 112.115, Ordinance Code. Costs advancement shall not exceed the cost of conducting an initial investigation when applicable, and other incidental costs associated with the filing of the complaint in the appropriate court.

(Ord. 81-903-481, § 1; Ord. 83-591-400, § 1; Ord. 90-709-572, § 5; Ord. 2004-990-E, § 1; Ord. 2006-422-E, § 125; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 23.105.

Sec. 108.507. - Representation of City Officials and employees in civil and criminal matters or investigations.

(a)

The Office of General Counsel is authorized, without the necessity of Council approval, to represent elected and appointed officials and employees of the City (herein referred to collectively as "Official") in civil or criminal actions or investigations filed in any State or federal court if it determines that the civil or criminal action or investigation is based upon an act or omission of the official done by him or her or his or her authorized deputy or agent while performing an official duty of his or her office, whether or not this official capacity is alleged in the complaint. For purposes of this Section, the term "civil or criminal action or investigation" includes administrative proceedings and investigations and the term "State or federal courts" includes an administrative tribunal. However, nothing in this Section authorizes the Office of General Counsel to provide representation in a filed criminal matter on behalf of an accused who has been indicted or otherwise formally charged with a crime.

(b)

An Official who has a common law right to retain outside legal counsel to represent him or her in a civil or criminal action or investigation based upon an act or omission of the Official done by him or her in their official employment or official duty of his or her office and intends to seek reimbursement of the reasonable attorney's fees associated with retaining outside legal counsel shall provide notification to the Office of General Counsel in accordance with the Office of General Counsel Policy #14, dated November 1, 2020, as may be amended from time to time. "Reasonable attorney's fees" as used herein shall mean the fees earned by an attorney licensed to practice law in the State of Florida while based on the customary per hour rate charged within the City of Jacksonville for similar work, but in no event to exceed $400 per hour. Reimbursement of attorney's fees by the City in an amount in excess of the reasonable attorney's fees herein must be submitted to Council for approval through legislation.

(Ord. 84-261-98, § 1; Ord. 2020-528-E, § 1)

Sec. 106.1202. - Expenditures for Food and Beverages Authorized. Chapter 110 - CITY TREASURY