Sec. 126.111. - Integrity in public contracting—Contractors.

(a) Declaration and findings. In recognition that the preservation of the integrity of the public contracting and procurement 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 or entities involved in certain crimes or listed on certain state or national prohibited contractor lists. (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 federal or state laws, such applicable federal or state laws shall control and govern. (b) Prohibited contractors. The City shall not accept any bid from or award any contract to or transact any business with: (1) Any persons, entities, or affiliates that the City is prohibited from accepting or awarding bids to or transacting business with under federal or state laws; (2) Any person or entity who pleads nolo contendere or guilty or who is convicted in a court of competent jurisdiction for violating Section 101 of the Immigration Reform and Control Act of 1986 (unlawful employment of an alien) for a period of two years beginning from the date of such plea of nolo contendere, guilty plea or conviction by a court of competent jurisdiction; and (3) Any person or entity who is convicted in a court of competent jurisdiction for human trafficking or any human trafficking-related charge, including sex trafficking, or a sex offender crime for the duration of any parole period following the date of such conviction. The Chief shall include in the Procurement Operating Manual, in consultation with the Office of General Counsel, a listing of the current federal or state laws that fall under the purview of subsection (b)(i) above. (c) Collusion prohibited. (1) By virtue of submitting a bid each bidder shall be deemed to guarantee that he has not been a party with other bidder(s) to an express or implied agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bid of the offending bidder(s) and, subject to applicable requirements and/or discretion described herein, may result in forfeiture of the offender's bid bond and other disciplinary measures contained herein and/or under Florida law. (2) A disclosure to or acquisition by a competitive bidder, in advance of the opening of the bids, of any of the terms or conditions of the bid submitted by another competitor may render those bidders' bids void and, subject to applicable requirements and/or discretion described herein, may result in forfeiture of the offender's bid bond. (d) Required disclosures regarding City officers and employees. Any bid to a competitive solicitation made pursuant to this Chapter shall include a statement under oath executed by the bidder disclosing the names of all officers and employees of the City and of independent agencies to which F.S. Ch. 112, Pt. III, applies who may have a private financial interest, directly or indirectly, in the award and/or subject matter of the bid, proposal, response or reply. (e) Certain ex parte communications prohibited. Adherence to procedures that ensure a fair open and impartial procurement process is essential to public confidence in the City's procurement process. The Chief shall promulgate and publish rules that prohibit certain ex parte bidder communications during the City's procurement process. (Ord. 2023-20-E , § 3)