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Res. No. 062-00-10955RESOLUTION NO.62-00-10955 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CAMPAIGN FINANCING;SUPPORTING MIAMI-DADE COUNTY COMMISSIONER JIMMY MORALES'PROPOSAL; PROVIDING AN EFFECTIVE DATE. WHEREAS,theMiami-DadeCountyBoard of CountyCommissionersis empoweredtoregulatecontributionsto,andexpenditureson behalf of,candidates forMayorandtheMiami-DadeCountyBoard of CountyCommissioners;and WHEREAS,theMayorandCityCommission of theCity of SouthMiami supportsMiami-DadeCountyCommissionerJimmy Morales'proposalregarding campaignfinancing;and, WHEREAS,Theprovisions of thisordinancewilleliminatetheappearance of andpotentialfor,undueandunfairinfluenceontheMayorandtheBoardinthe selectionof:(1)bondcounselanddisclosurecounselbyprohibitingcampaign contributionsorexpendituresbyattorneysandtheirimmediatefamilymembers;(2) individualcontractorsbyprohibitingcampaigncontributionsbysuchindividuals andtheirimmediatefamilymembers;and(3)firmsbyprohibitingcampaign contributionsandexpendituresbycertainindividuals,officersdirectorsorgeneral partners of suchfirmsandtheirimmediatefamilymembers;and WHEREAS,Theordinancewillfurtherpreventtheappearance of impropriety andanyundue influence onthe selection processforCounty contracts, individuals orfirmsthathavemade campaign contributions or expenditures within twenty-fourmonthsfromthedatetheselectionprocess commences shallbe prohibitedfromparticipatinginthisselectionprocess;and WHEREAS,theMayorandCity Commission desiretoconveyitsbacking ofthisand encourage the Miami-Dade County Commission's unanimous approval. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OFTHECITYOFSOUTHMIAMI,FLORIDA; Section1.TheSouthMiamiCityCommissionenthusiasticallyendorse and support the campaign financinginitiative. Additionsshownby underlining and deletions shownbyoverstriking. CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO:Mayor and City Commission ^DATE:3/3//00 AGENDA ITEM # ru FROM:Charles D.Scurr /jf^vO*Comm.Mtg.3/7/00 City Manager {S™1^Campaign Financing THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CAMPAIGN FINANCING;SUPPORTING MIAMI-DADE COUNTY COMMISSIONER JIMMY MORALES'PROPOSAL;PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Commissioner Russell supports an ordinance sponsored by Miami-Dade County Commissioner Morales.This ordinance would eliminate the appearance of and potential for,undue and unfair influence on the Mayor and the Board in the selection of;1)bond counsel and disclosure counsel by prohibiting campaign contributions or expenditures by attorneys and their immediate family members;2)individual contractors by prohibiting campaign contributions by such individuals and their immediate family members;and 3)firms by prohibiting campaign contributions and expenditures by certain individuals,officers directors or general partners of such firms and their immediate family members.It further provides that individuals or firms shall be prohibited from the selection process for contracts for twenty-four months from the date of the selection process if they have made contributions or expenditures to a candidates campaign. 0303 00 14:43 Q3053T26LU3 •,"JIMMY MORALES EjOOi Approved Veto Override Alternate Mavor Agenda Item No.4(A) 3-9-00 ORDINANCENCL ORDINANCE RELATING TO CAMPAIGN FINANCED; PROHIBITWG CAMPAIGN CONTRIBUTIONS ANDEXPENDITURESBYATTORNEYSEMPLOYEDBYBOND COUNSEL FIRMS AND DISCLOSURE COUNSEL FIRMSXTHEIRIMMEDIATEFAMILYMEMBERSUNDER CERTAIN CIRCUMSTANCES;PROHIBITING CAMPAIGN CONTRIBUTIONS AND EXPENDITURES BY INDIVIDUAL CONTRACTORS AND CERTAIN INDIVIDUALS,OFFICERS,LECTORS OR GENERAL PARTNERS OF FIRMS AND THEIR IMMEDIATE FAMILY MEMBERS UNDER CERTAINCLRCUMSTANCES;PROHIBITING ^rVTOUALS AND FIRMS THAT HAVE MADE CERTAIN CAMPAIGNrn^TRIBUTIONS AND EXPENDITURES FROMPArSatSg8INANYSELECTIONPROCESSFOR COUNTY CONTRACTS;PROVIDING THAT AM SELECTION PROCESS FOR COUNTY CONTACTS SHALL REOUIRE AFFIDAVIT REGARDING CAMPAIGNCONTRIBUTIONSANDEXPENDITURES,CPJEATING ELECTION CAMPAIGN FINANCING TRUST FUND TO PROVIDE PUBLIC FINANCING FOR MAYORAL ANDSunt?commission elections-,providing for ELIGIBILITY.EXPENDITURE LIMITS,DISTRIBUTION OFfSANDEXPENDITUREIMITATIONS,PROVIDING FOR ELECTRONIC REPORTING AND POSTING OF CAMPAIGN CONTRIBUTIONS;PROVIDING PENALTIES. SEVERABILITY,INCLUSION IN THE CODE,AND AN EFFECTIVE DATE WHEREAS,Florida law limits individual campaign contributions to five hundred dollars ($500)per person per candidate but does not limit the candidates to whom acampaign contribution maybe made;and WHEREAS,the Miami-Dade County Board of County Commissioners (the "Board")is empowered to regulate campaign contributions to,and expenditures on behalf of,candidates for Mavor and the Miami-Dade County Board of County Commissioners;ana 03 03 00 14:44 ©3053726103 .JIMMY MORALES Alternate AgendaItemNo.4 (A) Page 2 !1]006 WHEREAS,Miami-Dade County (the "County")and its related agencies issue millions of dollars of bonds annually:and WHEREAS,the County employs and from time-to-time seeks proposals from,law firms with (i)nationally recognized bond counsel expertise to render the necessary legal opinions which qualify the County's obligations as tax-exempt thereby saving the County millions of dollars in interest costs,and (ii)experience with Security and Exchange Commission rules and regulations regarding disclosure which enables the law firms to act as disclosure counsel to the County;and WHEREAS,concern has been expressed in the municipal bond market that campaign contributions to state and local government officials may improperly influence the selection of public finance professionals;and WHEREAS,the Board is also concerned with the appearance of impropriety regarding undue influence by law firms to the detriment of the public interest when selecting bond counsel or disclosure counsel firms since the selection is highly contested due to the substantial fees to be earned and the prestige associated with such a designation;and WHEREAS,the County must enter into contracts each year for millions of dollars with the private sector in order to provide services to its citizens;and WHEREAS,many firms contract with the County regularly with respect to all types of goods and services after being selected as a result of a bidding,qualification or proposal process conductedbytheCounty;and WHEREAS,the selection process for County contracts is highly competitive with many firms lobbying County Commissioners in an attempt to obtain a County contract;and ./.-.';<•t:-'.'>v: w 03 0300 14:45 ©3053726 L03 JIMMY MORALES Alternate Agenda ItemNo.4(A) Page 3 @007 WHEREAS,the Board is concerned v/ith the appearance of,and potential for,undue and unfair influence on the Mayor and the members ofthe Board by individuals and firms competing for County contracts which may taint the selection process;and WHEREAS,this Board previously prohibited campaign contributions by business entities,which includes law firms,in order to address this concern;and WHEREAS,the provisions of this ordinance will further eliminate the appearance of, and potential for,undue and unfair influence on the Mayor and the Board in the selection of:(i)bond counsel and disclosure counsel by prohibiting campaign contributions or expenditures by attorneys and their immediate family members;(ii)individual contractors by prohibiting campaign contributions by such individuals and their immediate family members; and (iii)firms by prohibiting campaign contributions and expenditures by certain individuals, officers,directors or general partners of such firms and their immediate family members;and WHEREAS,to further preveni the appearance of impropriety and any undue influence on the selection process for County contracts,individuals or firms that have made campaign contributions or expenditures within twenty-four months from the date the selection process commences shall be prohibited from participating in that selection process;and WHEREAS,the Commission finds that the costs of running an effective campaign for elective office have reached a level which tends to discourage persons from becoming candidates and limits the persons who runfor elective office;and WHEREAS,the Commission further finds that campaign contributions generated by political committees are having a disproportionate impact vis-a-vis contributions from unaffiliated individuals,which leads to the misperception of government officials unduly influenced by those special interests to the detriment of the public interest;and .;.->ii^::•'•>:• 03 03 00 14:46 ©3053726103 'JIMMY MORALES Alternate Agenda Item No.4(A) Page4 SjOOS WHEREAS,the Commission intends that the provisions of this ordinance alleviate these factors,dispel the misperception,and encourage qualified persons to seek elective office who would not,or could not,otherwise doso, NOW,THEREFORE,BEIT ORDAINED BYTHE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY,FLORIDA that, Section 1.Findings.The recitals to this Ordinance are incorporated as findings. Section 2.Definitions.The following terms,as used in this Ordinance,shall mean: a."Contribution"shail havethe meaning ascribed tosuchtermin Chapter 106.FloridaStatutes,asamendedandsupplemented. b."Controlling Financial Interest(s)"shall mean the ownership,directly or indirectly,often percent (10%)or more of the outstanding capital stock in any corporation ora directorindirectinterestoftenpercent (10%)ormoreina Firm. c."Expenditure"shall have the meaning ascribed to such term in Chapter 106,FloridaStatutes,asamendedandsupplemented. d."Firm(s)"shall mean a corporation,partnership,business trust or any legal entityotherthananaturalperson. e."Immediate Family Members"shall mean the spouse,parents and children ofthepersoninvolved. f."Individual Contractors"shallmeanindividualswhomayenterinto,or haveentered into,a contractwiththeCountyintheir individual capacity. Section 3.Limitationsregardingbond counsel Firmsand disclosure counsel Firms.Itis unlawful for any attorney ofa bond counsel Firm or disclosure counsel Firm employed by the County and his or her Immediate Family Members to make a campaign 03 0300 14:47 ©30537261.03 IMMY MORALES @009 AlternateAgendaItemNo.4(A) Page5 Contribution or Expenditure,either directly,indirectly or through a political committee,in connection with the campaign of any candidate for Mayor or the Board of County Commissioners.Furthermore,it shall be unlawful for any candidate,political committee,or other person to knowingly accept or receive any campaign Contribution or Expenditure prohibited by this section. A Law Firm shall be prohibited from responding to any bid,request'for proposals, request for qualifications or any other selection process for bond counsel or disclosure counsel services if any of its attorneys or their Immediate Family Members either directly,indirectly or through apolitical committee,made acampaign Contribution or Expenditure in connection with the campaign of any candidate for Mayor or the Board of County Commissioners within twenty- four (24)months of the date on which the selection process commences.For the purposes of this Section,acampaign Contribution or Expenditure drawn from any fund or account in which ( monies are held shall be deemed acampaign Contribution or Expenditure from all parties named ontheaccountorfund. Section 4.Limitation regarding Individual Contractors and Firms with a County contract.It is unlawful for (i)Individual Contractors and their Immediate Family Members and (ii)individuals with Controlling Financial Interests,officers,directors or general partners of Firms which have acontract with the County and their Immediate Family Members to make acampaign Contribution or Expenditure,either directly,indirectly or through apolitical committee,in connection with the campaign of any candidate for Mayor or the Board of County Commissioners.Furthermore,it shall be unlawful for any candidate,political committee,or other person to knowingly accept or receive any campaign Contribution or Expenditure prohibited by this Section. ;:)!:;)>;<V: 03/03/00 14:48 ©3053726103 JIMMY MORALES (Soio Alternate Agenda ItemNo.4(A) Page6 An Individual Contractor shall be prohibited from responding to any bid,request for proposals,request for qualifications or any other selection process if the Individual Contractor or any one of his or her Immediate Family Members,either directly,indirectly or through apolitical committee,made a campaign Contribution or Expenditure in connection with the campaign of any candidate for Mayor or the Board within twenty-four (24)months from the date the selection process commences.For the purposes of this Section,acampaign Contribution or Expenditure drawn from any fund or account in which monies are held shall be deemed a campaign Contribution or Expenditure from all parties named on the account or fund. A Firm shall be prohibited from responding to any bid,request for proposals,request for qualifications or any other selection process if any of the Firm's individuals with Controlling Financial Interests,officers,directors or general partners or their Immediate Family Members, either directly,indirectly or through a political committee,made a campaign Contribution or Expenditure in connection with the campaign of any candidate for Mayor or the Board within twenty-four (24)months from the date the selection process commences.For the purposes of this Section,acampaign Contribution or Expenditure drawn from any fund or account in which monies are held shall be deemed a campaign Contribution or Expenditure from all parties named on the fund or account. Section 5.Affidavit Regarding Campaign Contributions and Expenditures. Each Law Firm,Individual Contractor and Firm responding to a bid,request for proposals, request for qualifications,or any other selection process shall submit an affidavit on a form provided by the County stating that the Law Firm,Individual Contractor or Firm is in compliance with either Section 3 or Section 4,as applicable,of this Ordinance.Failure to file ./vrnui .w tf 03/03 00 14:49 ©3053726103 JIMMY MORALES ®011 Alternate Agenda Item No.4(A) Page7 the required affidavit shall deem a respondent non-responsive and,thereby,ineligible for cbnsideration. Section 6.Election Campaign Financing Trust Fund.There is established the Election Campaign Financing Trust Fund to be utilized by the Miami-Dade County Department of Elections as provided in this ordinance.If necessary,each year in which a general election is to be held for the election of the Mayor or any county commissioner,additional-funds shall be transferred to the Election Campaign Financing Trust Fund from general revenues in an amount sufficient to fund qualifying candidates pursuant to this ordinance. Section?.Election campaign financing;eligibility.Each candidate for the Office of Mayor of Miami-Dade County or the Board of County Commissioners of Miami-Dade County who desires to receive contributions from the Election Campaign Financing Trust Fund shall,upon qualifying for office,file arequest for such contributions with the filing officer on forms provided by the Miami-Dade County Supervisor of Elections.If acandidate requesting contributions from the fund desires to have such funds distributed by electronic fund transfers, the request shall include information necessary to implement that procedure.To be eligible to receive contributions from the fund,acandidate shall not be an unopposed candidate and shall: (1)Agree to abide by the expenditure limits provided in Section 8; (2)Qualify as a candidate pursuant to Chapter 99,Florida Statutes and Section 2.04oftheHomeRule Charter; (3)Limit loans or contributions from the candidate's personal funds to twenty-five thousand dollars ($25,000),which loans or contributions shall not qualify for meeting the threshold amounts in Section 7(5); iwiiiui yn a 03/03/00 14:50 ©3053726103 JIMMY MORALES @012 Alternate Agenda Item No.4(A) Page8 (4)Submit to apost-election audit of the campaign account by the Supervisor of Elections;and (5)Raise contributions as follows: (a)One hundred thousand dollars ($100,000)for a candidate for Mayor. (b)Twenty-five thousand dollars ($25,000)for a candidate for the Board of CountyCommissioners;or (6)Obtain the valid signatures of: (a)Voters in Miami-Dade County in numbers at least equal to five percent (5%)of the registered voters in the County,as determined sixty (60)days prior to the first day ofqualifying,where the person is acandidate for Mayor; (b)Voters in aparticular commission district in numbers at least equal to eight percent (8%)of the registered voters in the particular commission district,as determined sixty (60)days prior to the first day of qualifying,where the person is acandidate for County Commissioner in said commission district. (c)The signatures shall be filed with the Supervisor of Elections who shall within 30 days canvass the signatures to determine their sufficiency.If the number of signatures is insufficient or the petition is deficient as to form or compliance with this Section, the Supervisor of Elections shall notify the person filing the petition that the petition is insufficient andhasfailed. .••f*')-'J !v? 03-03/00 14:50 ©3053726103 JIMMY MORALES Alternate AgendaItemNo.4(A) Page9 @013 Section 8.Expenditure limits. (1)Any candidate for Mayor or the Board of County Commissioners who requests contributions from the Election Campaign Financing Trust Fund shall limit his or her total expenditures as follows: (a)Mayor:Five hundred thousand dollars ($500,000). (b)Board of County Commissioners:One hundred and fifty thousand dollars ($150,000). (2)If a run-off election occurs,a candidate for Mayor may expend an additional two hundred and fifty thousand dollars ($250,000)for atotal of seven hundred and fifty thousand dollars ($750,000),and acandidate for the Board of County Commissioners may expend an additional one hundred thousand dollars ($100,000)for atotal of two hundred and fifty thousand dollars ($250,000). (3)The expenditure limit shall be adjusted by the Supervisor of Elections quadrennially to reflect the rate of inflation or deflation as indicated in the Consumer Price Index for All Urban Consumers,U.S.City Average,All Items,1967=100,or successor reports as reported by the United States Department of Labor,Bureau of Labor Statistics. (4)For the purposes of this section,the term "expenditure"does not include the payment of compensation for legal and accounting services rendered on behalf of a candidate. (5)Any candidate who requests contributions from the Election Campaign Financing Trust Fund and subsequently exceeds the expenditure limit set forth in this section shall,within fifteen (15)days from the date the candidate exceeds the limit,pay to the Election Campaign Financing Trust Fund an amount equal to the amount of the excess contributions or ./U!>±>41 y.>i 0_3 0300 14:51 ©3053726103 JIMMY MORALES @014 Alternate AgendaItemNo.4 (A) Page 10 expenditures.Such amount shall not be an allowable campaign expense and shall be paid from personal funds of the candidate.However,ifa nonparticipating candidate exceeds the expenditure limit as described in Section 8,a candidate signing the statement pursuant to this section may exceed the applicable expenditure limit to the extent the nonparticipating candidate exceeded thelimitwithoutbeingsubjectedtoa penalty. Section 9.Distribution of funds. (1)The Supervisor of Elections shall review each request for contributions from the Election Campaign Financing Trust Fund and certify whether the candidate is eligible for such contributions.Notice of the certification decision shall be provided to the candidate. (2)An adverse decision may be appealed to a hearing examiner.The Supervisor of Elections shall adopt rules providing a procedure for such appeals.Hearing examiners shall be selected from a panel of retired judges who have served ten (10)or more years as Circuit Judges in the Eleventh Judicial Circuit in and for Miami-Dade County,Florida. Hearing examiners may be selected from alternate sources where the County Attorney recommends in writing that such action is necessary to achieve greater diversity.Appeals shall be filed with the Clerk of the Board and to the County Attorney within ten (10)days of the filing of the Supervisor of Elections*decision.Such appeal shall be in writing,shall state the particular grounds on which it is based,shall include all pertinent documents and evidence and shall be accompanied by a bond in the amount of five hundred dollars ($500)in a form and with a surety acceptable to the Supervisor ofElections.Any grounds not stated shall be deemed waived.Such bond shall be retained by the Clerk of the Soard and shall be returned at the conclusion of the appeal proceedings unless the hearing examiner imposes costs against the appellant and such costs are not separately paid by the appellant within fourteen (14)calendar days of the hearing I OKI)il 5'J: n. 03/03/00 14:52 ©3053726103 JIMMY MORALES @01i Alternate Agenda ItemNo.4(A) Page 11 examiner's decision.The decision of the hearing examiner shall be final unless appealed.The decision of the hearing examiner may be appealed pursuant to the Florida Rules of Appellate Procedure. (3)(a)Each candidate who has been certified to receive contributions from the Election Campaign Financing Trust Fund shall be entitled*distribution of funds as provided as follows: 1.Each candidate for the Board of County Commissioners who has satisfied the requirements of Section 7shall be entitled to acontribution of seventy-five thousand ($75,000)dollars from the Election Campaign Trust Fund.If arun-off election occurs, acandidate who has satisfied the requirements of Section 7and Section 8shall be entitled to an additional fifty thousand dollars (S50.000). 2.Each candidate for the Office of Mayor who has satisfied the requirements of Section 6shall be entitled to acontribution of two hundred and fifty thousand dollars ($250,000)from the Election Campaign Trust Fund.If arun-off election occurs,acandidate who has satisfied the requirements of Section 7and Section 8shall be entitled to an additional one hundred and twenty-five thousand dollars ($125,000). (4)(a)Certification and distribution of funds shall be based upon the eligibility criteria provided in Section 7.The Supervisor of Elections shall review each report prior to authorizing the release of funds.The Supervisor of Elections may prescribe separate reporting forms for candidates for Mayor and the Board of County Commissioners. (b)Acandidate -who is eligible for adistribution of funds based upon qualifying contributions received and certified to the Supervisor of Elections as provided in this Ordinance,may obligate funds not to exceed the amount which the campaign treasurer's report ./(iiiP'i ?'? f\ 03 03/00 14:53 ©3053726103 JIMMY MORALES Alternate Agenda Item No.4(A) Page12 @016 shows the candidate is eligible to receive from the Election Campaign Financing Trust Fund without the funds actually being on deposit in the campaign account. (5)Distribution of funds shall be made within seven (7)days after the close of qualifying.For run-off elections,distribution of funds shall be seven (7)days from the date of the initial election. (6)The Supervisor of Elections shall adopt rules relating to reports,the timing and form of signature petitions as provided in Section 7(6),certification and distribution of funds required by this Section.Such rules shall,at a minimum,provide for: (a)Specifications for printed campaign treasurer's reports outlining the format for such reports,including size of paper,typeface,color of print,and placement of required information on the form. (b)The timing and form of signature petitions as provided in Section 7(6). Section 10.Candidates voluntarily abiding by election campaign financing limits but not requesting public funds;irrevocable statement required. (1)Not later than qualifying for office,each candidate for the Office of Mayor or the Board of County Commissioners who has not made a request to receive contributions from the Election Campaign Financing Trust Fund,but who wishes to voluntarily abide by the applicable expenditure limit set forth in Section 8and the contribution limits on personal funds set forth in Section 7,shall file an irrevocable statement to that effect with the Supervisor of Elections. (2)Any candidate who files such a statement and subsequently exceeds such limits shall,within fifteen (15)days from the date the candidate exceeds the limit,pay to the (.Hint $vf N 03-03 00 14:54 ©3053726103 JIMMY MORALES aoi7 Alternate AgendaItemNo.4(A) Page 13 Election Campaign Financing Trust Fund an amount equal to the amount of the excess contributions or expenditures.Such amount shall not be an allowable campaign expense and shall be paid from personal funds of the candidate.However,if anonparticipating candidate exceeds the expenditure limit as described in Section 8,a candidate signing the statement pursuant to this Section may exceed the applicable expenditure limit to the extent the nonparticipating candidate exceeded the limit without being subjected to apenalty.• Section 11.Nonparticipating candidate exceeding limits.Whenever acandidate for Mayor or the Board of County Commissioners who has elected not to participate in election campaign financing under the provisions of this Ordinance exceeds the applicable expenditure limit provided in Section 8,all opposing candidates participating in such election campaign financing are,notwithstanding the provisions of Section 7 or any other provision requiring adherence to such limit,released from such expenditure limit. Secti0n 12.Electronic reporting and posting.Candidates for the Offices of Mayor or Board of County Commissioners shall file their Campaign Treasurer's Reports on diskettes or CD-ROMs simultaneously with and in addition to an original signed report as required by Section 106.07,Florida Statutes.Campaign Treasurer's Reports on diskettes or CD-ROMs shall be in the same format as the original signed report.The Campaign Treasurer's Reports submitted by candidates for the Office of Mayor and County Commissioner shall be posted on the Supervisor of Elections'Website within three (3)days of receipt of the diskettes or CD-ROMs by the Supervisor of Elections,provided,that diskettes or CD-ROMs required to be filed within four (4)days of an election shall be posted on the Supervisor of Election's Website within two (2)days of the election. ./r*u>-'.'3y* Alternate Agenda Item No.4(A) Page 14 Section 13.Penalties. (a)In addition to any other penalties which may be applicable,any individual who violates Sections 3,4,7 and 8 shall be subject to a fine up to five thousand dollars ($5,000) or imprisonment not to exceed three hundred and sixty-four (364)days,or both. (b)In the event an attorney of abond counsel Firm or disclosure counsel Firm which has a contract with the County or any one of his or her Immediate Family Members violates this ordinance,the bond counsel Firm or disclosure counsel Firm shall also be prohibited from serving as bond counsel or disclosure counsel for the County for two (2)years from the date the person violating this ordinance pleads guilty,nolo contendere,or is found guilty (regardless ofwhether adjudication is withheld)of aviolation ofthis ordinance. (c)In the event an Individual Contractor or any one of his or her Immediate Family Members violates this ordinance,the Individual Contractor shall also be prohibited from entering into acontract with the County for two (2)years from the date the person violating this ordinance pleads guilty,nolo contendere,or is found guilty (regardless of whether adjudication is withheld)ofa violation of this ordinance. (d)In the event an individual with Controlling Financial Interests,officer, director or general partner of a Firm which has acontract with the County or any one of their family members,violates this ordinance,the Firm shall also be prohibited from entering into a contract with the County for two (2)years from the date the person violating this ordinance pleads guilty,nolo contendere,or is found guilty (regardless of whether adjudication is withheld) of a violation of this ordinance. (e)Any candidate for the Office of Mayor or the Board of County Commissioners who accepts acontribution prohibited by this Ordinance shall,within the later of ./.OHD41 5V? I!.- 03/03/00 14:56 ©3053726103 JIMMY MORALES @019 Alternate Agenda Item No.4\A> Page 15 fifteen (.5)days of receipt of said contribution or ten (10)days of knowledge thereof,return the contribution tothe contributor. Section 14.If any section,subsection,sentence,clause or provision of this ordinance is held invalid,the remainder of this ordinance shall not be affected by such invalidity. Sectionl5.It is the intention of the Board of County Commissioners,and it is ordained that the provisions of this ordinance,including any sunset provision,shall become and be made apart of the Code of Miami-Dade County,Florid,The sections of this ordinance may be renumbered or relettered to accomplish such intention,and the word "ordinance"may be changed to "section,""article,"or other appropriate word. SBflfcolt The provisions of this Ordinance shall be applicable to all campaigns for Mayor and the Board,provided,however,that any election in the year 2000 is exempt. SegtionJT This ordinance shall become effective ten (10)days after the date of enactment unless vetoed by the Mayor,and if vetoed,shall become effective only upon an override bythis Board. Section 18.This ordinance does not contain asunset provision PASSEDAND ADOPTED: Approved by County Attorney as to form and legal sufficiency: Prepared by: Sponsored by Commissioner Jimmy L.Morales .ir-OHD-iVM ML r?