(a) No officer, member of Council or employee of the City shall knowingly do any of the following:
(1) During his or her term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by him or her or by a legislative body, commission or board of which he or she was a member at the time of authorization, and not let by competitive bidding, or let by competitive bidding in which his or her's is not the lowest and best bid;
(2) Have an interest in the profits or benefits of a public contract entered into by or for the use of the Municipality or governmental agency or instrumentality with which he or she is connected;
(3) Have an interest in the profits or benefits of a public contract which is not let by competitive bidding when required by law and which involves more than one hundred fifty dollars ($150.00).
(b) An officer, official or employee of the City shall not be considered as having an interest in a public contract as proscribed in Section 4.02
of the Charter when such person or a member of his or her family is merely employed by a business entity which is a contractor with the City and such public servant, or his or her family members, has no control or ownership of the business entity.
(c) In the absence of bribery or a purpose to defraud, a public servant, member of his or her family or any of his or her associates, shall not be considered as having an interest in a public contract as proscribed in Section 4.02
of the Charter when all of the following apply:
(1) The interest of such person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization which is the contractor on the public contract involved, or which is the issuer of the security in which public funds are invested;
(2) The shares owned or controlled by such person do not exceed five percent (5%) of the outstanding shares of the corporation, and the amount due such person as creditor does not exceed five percent (5%) of the total indebtedness of the corporation or other organization;
(3) Such person, prior to the time the public contract is entered into, files with the Municipality an affidavit giving his or her exact status in connection with the corporation or other organization.
(d) This section does not apply to a public contract in which a public servant, a member of his or her family or one of his or her business associates has an interest. when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the Municipality;
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the Municipality as part of a continuing course of dealing established prior to the public servant's becoming associated with the Municipality;
(3) The treatment accorded the Municipality is either preferential to or the same as that accorded other customers or clients in similar transactions;
(4) The entire transaction is conducted at arm's length, with full knowledge by the Municipality of the interest of the public servant, member of his or her family or business associate, and the public servant takes no part in the deliberations or decision of the Municipality with respect to the public contract.
(e) As used in this section, "public contract" means any of the following:
(1) The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the City or any agency or instrumentality of it; or
(2) A contract for the design, construction, alteration, repair or maintenance of any City property. (Ord. 1991-51. Passed 7-17-91.)