§ 2-428. Prohibition against contingent fees.

(a) Each contract entered into by the city for professional services shall contain a prohibition against contingent fees as follows: "The architect (or registered land surveyor or professional engineer, as applicable) warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered land surveyor or professional engineer, as applicable) to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, firm or individual, other than a bona fide employee working solely for the architect (or registered land surveyor or professional engineer, as applicable) any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the city shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

(b) Any person, company, corporation, firm or individual, other than a bona fide employee working solely for an architect, registered land surveyor or professional engineer, who offers, agrees or contracts to solicit or secure city contracts for professional services for any other person, company, corporation, firm or individual and is paid, or is to be paid, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the city for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in F.S. § 775.082 or § 775.083.

(c) Any architect, registered land surveyor or professional engineer, or any group, association, company, corporation, firm or partnership thereof, who offers to pay, or pays, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the city for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in F.S. § 775.082 or § 775.083.

(d) Any elected or appointed officeholder, employee, consultant or any other person receiving compensation from the city who offers, agrees or contracts to solicit or secure city contracts for professional services for any other person, company, corporation, firm or individual and is paid, or is to be paid, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the city for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in F.S. § 775.082 or § 775.083.

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)