Title
MOTION TO APPROVE THE AGREEMENT WITH RS PHOTOGRAPHY, LLC D/B/A TSS PHOTOGRAPHY, TO PROVIDE PHOTOGRAPHY SERVICES FOR THE RECREATION & CULTURAL ARTS DEPARTMENT'S RECREATIONAL SOCCER PROGRAM AT NO COST AND SHALL REMIT PAYMENT TO THE CITY IN THE AMOUNT OF TWENTY ONE PERCENT (21%) OF THE NET SALES OF THE PHOTOS EXCLUDING TAXES, PURSUANT TO SECTION 35.18(C)(7)(C) AND SECTION 35.34 OF THE CITY'S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinance is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.34 of the City's Code of Ordinances is titled "PROMOTING BUSINESS WITH THE CITY; NO EXPENDITURE OF PUBLIC FUNDS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(7) states that "The following contractual services are not subject to the competitive procurement requirement:"
- Section 35.18(C)(7)(c) states that " Artistic services which are original and creative in character and skill in a recognized field of artistic endeavor such as music, dance, drama, painting and sculpture, photography, culinary arts, fashion design and the like;"
- Section 35.34 states, "Notwithstanding any provision of this chapter, the city may, by a majority vote of the City Commission, enter into a mutually beneficial arrangement with a private business entity for the specific benefit of the citizens and residents of the city provided that no public funds are expended in furtherance of such arrangement. If the City Commission votes to enter into such an arrangement with a particular private business entity, all such other private businesses within the city that provide the same or similar goods or services shall be fully afforded the same or similar business opportunity. Notwithstanding the other provisions of this section, the City Manager, at his or her discretion, ma...
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