(a) In addition to all other prohibitions and limitations on the granting nor awarding of contracts, the following prohibitions and restrictions on granting non-bid contracts for products, goods, services or a combination thereof, shall apply to all High Ranking Public City Officials:
(1) No non-bid contract of the City shall knowingly be awarded or given by an elected or appointed official of the City or by the Board of Control, to any person, firm, company, organization or corporation that has in its employ any general family member, as defined in Section 197.07(e), of any High Ranking Public City Official (as defined in Section 197.07(f)) where the relative of such High Ranking Public City Official holds a substantial financial interest (as defined in Section 197.07(c)) in the contracting entity.
(b) In addition to all other laws and regulations regulating the advertising and awarding of publicly bid contracts and requests for proposal or qualifications for services contracts, the following additional ethics provisions shall apply to all High Ranking Public City Officials:
(1) No High Ranking Public City Official shall either participate in the review of bids or proposals or in the award of a bid contract or proposal, to any person, firm, company, organization or corporation that has in its employ any General Family Member (as defined in Section 197.07(e)) where the relative of such High Ranking Public City Official holds a substantial financial interest (as defined in Section 197.07(c)) in the contracting entity. If such a bid or proposal is received by the City, then the affected High Ranking Public City Official shall refrain and recuse from any direct or indirect involvement or participation in the review or award of any such bid, proposal or contract, and further such High Ranking Public City Official shall refrain and recuse from direct or indirect involvement or participation in the acceptance, modification, reasonableness, review, approval or rejection of any and all change order requests or contract modifications arising from the execution of the underlying awarded contract.
(c) To the extent that a High Ranking Public Official of the City knows or has reason to know that a general family member is or may be given or awarded a no-bid contract or a bid contract, such official shall disclose such fact of general family member relationship to the Mayor and Board of Control prior to the giving or awarding of such contract.
(d) Sections 197.08 and 197.09 shall not apply to any act which, but for this subsection, would otherwise violate this chapter, if such act was taken to preserve the immediate loss of life or property, in response to bona-fide emergency or crisis, or to comply with any federal or state law or court order. In such case, prompt disclosure of the act shall be made to City Council. (Ord. 2009-47. Passed 5-18-09.)