§ 2-397. Disqualification from serving as city vendor/lobbyist.

(1)

Definition. For purposes of this section, the term "disqualified" shall be defined to include:

(a)

Termination of a city vendor/lobbyist's existing contract with the city, subject to the waiver provisions of subsection (5); and

(b)

Disqualification of a response to solicitation requests for prospective city vendor/lobbyist contracts with the city, subject to the waiver provisions of subsection (5).

(c)

For purposes of this section, "city vendor/lobbyist" status shall terminate upon completion of the agreement for the provision of goods, equipment or services.

(d)

For purposes of this section, the term "services" shall mean the rendering by a city vendor/lobbyist through competitive bidding or otherwise, of labor, professional and/or consulting services to the city.

(e)

The term contribution shall have the meaning ascribed to such term in F.S. ch. 106, as amended and supplemented (copies available in city clerk's office).

(2)

Except as provided herein, any willing violation of this division by a vendor or lobbyist may lead to disqualification as defined in this section.

(3)

Waiver of prohibition; conditions for waiver. The requirements of this section may be waived by a four-fifths vote for a particular transaction by city council vote after public hearing upon finding that:

(a)

The goods, equipment or services to be involved in the proposed transaction are unique and the city cannot avail itself of such goods, equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or

(b)

The business entity involved in the proposed transaction is the sole source of supply as determined by the city manager; or

(c)

An emergency contract must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a four-fifths vote of the city council; or

(d)

A contract for the provision of goods, equipment or services exists which, if terminated by the city, would be adverse to the best economic interests of the city.

(4)

Full disclosure. Any grant of waiver by the city council must be supported with a full disclosure of the subject campaign contribution.

(5)

Applicability. This section shall be applicable only to prospective transactions, and the city council may in no case ratify a transaction entered into in violation of this section.

(Ord. No. 2012-22 , § 1, 9-19-2012)