Vendor Campaign Contributions

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NOTICE TO ALL BIDDERS, VENDORS, CONSULTANTS, AND CONTRACTORS REGARDING CAMPAIGN CONTRIBUTIONS:

No person who is a vendor to the City shall give a campaign contribution directly, or through a member of the person’s immediate family, or through a political action committee, or through any other person, indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner.  All proposed City contracts, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or bids issued by the City, shall incorporate this Ordinance so as to notify potential vendors of the proscription embodied herein.

No candidate or campaign committee of a candidate for the offices of mayor or commissioner, shall solicit or receive deposit into such candidate’s campaign account any campaign contribution directly or indirectly from a person who is a vendor to the City, or through a member of the person’s immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the Procurement Division’s city records (including City of Miami Beach website) to verify the vendor status of any potential donor.

The City of Miami Beach Code defines a “vendor” as a person and/or entity who has been selected by the city as the successful contractor on a present or pending solicitation for goods, equipment or services, or has been approved by the city on a present or pending award for goods, equipment or services prior to or upon execution of a contract, purchase order, standing order, direct payment or purchasing card payment. The term “vendor” shall not include those persons and/or entities who provide goods, equipment or services not exceeding $10,000.00 in a City of Miami Beach fiscal year wherein city commission action is not required. “Vendor” shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term “controlling financial interest” shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm. The term “firm” shall mean a corporation, partnership, business trust or any legal entity other than a natural person. “Vendor” status shall terminate upon completion of the agreement for the provision of goods, equipment or services.

Penalties:
A fine of up to $500.00 shall be imposed on every person who violates this prohibition section. Each act of solicitation, giving or receiving depositing a contribution in violation of this paragraph section shall constitute a separate violation. All contributions received deposited by a candidate in violation of this paragraph section shall be forfeited to the city’s general revenue fund.  A person or entity who directly or through a member of the person’s immediate family, or through a political action committee, or through any other person indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from transacting business serving as a vendor with the City.