Skip to code content (skip section selection)
(A) The Police Department shall promptly conduct a background check, using appropriate law enforcement procedures, of all persons and firms, as defined in § 95.01, that are being recommended for:
(1) The award of a leave of city-owned property with annual rentals that will exceed $100,000 and all extensions or renewals thereof;
(2) The award of a sublease of city-owned property, where the master lease with the city has a total annual rental in exceed of $100,000 and all extensions or renewals thereof; and
(3) The award of a concession or franchise agreement by the city, regardless of amount, and all extensions or renewals thereof.
(B) If any such person or firm is found by the Police Department to have been convicted of a felony within the past five years, or found to have been convicted of a “public entity crime” and is then listed on the “convicted vendors' list,” as established in F.S. § 287.133, then the proposed lease or sublease, concession or franchise agreement, or any extension or renewal thereof, with such person or firm shall not be executed by the city or, if it has been executed, it shall be subject to revocation and be voidable by the City Commission after notice and hearing. Nothing in this section is intended to limit the application of F.S. § 287.133 as it relates to other city contracts not covered by this section.
(C) For the purposes of this section, any person or firm negotiating with the city for a lease, lease extension or lease renewal of city-owned property shall be prohibited from subleasing such property without first notifying the City Attorney and Police Chief in writing for the purpose of instituting a background check of each proposed sublessee, and shall be further prohibited from entering into any subleases of city-owned property with any person or firm who has been convicted of a felony within the past five years or has been convicted of a public entity crime and who is then on the convicted vendors list under F.S. § 287.133. Any sublease entered into in violation of this division (C) shall be subject to revocation and be voidable by the City Commission after notice and a hearing.
(D) All persons and firms applying for a lease or sublease of city-owned property or a concession or franchise agreement shall submit to the city, together with their respective application, a sworn disclosure statement (on a form to be provided by the city's Purchasing Agent) which contains the following financial information for the immediately prior two calendar years: a statement attesting to the applicant's net worth, assets and liabilities, annual gross income, and primary source(s) of such income. In addition to such disclosures, private corporations shall also submit to the city a certified copy of their articles of incorporation and a list of all current shareholders, senior officers and board of directors; partnerships shall submit a copy of the partnership agreement and a list of all current partners; other business entities shall submit a copy of their organizational documents, together with a list of all current principals; and publicly-held corporations shall submit a copy of their annual report and proxy statement for the prior two years. The city shall consider the financial information of each applicant as a factor in making its award determination. The respective lease, sublease, concession or franchise agreement of any person or firm who intentionally or knowingly supplies false or misleading information, or omits material information on the disclosure form under this division, shall be subject to revocation and be voidable by the City Commission after notice and a hearing.
('72 Code, § 11½-17(a) - (c)) (Ord. O-90-19, passed 6-6-90)