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HomeMy WebLinkAboutO-12354J-03-001 3/14/03 12354 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," TO CLARIFY THE SCOPE AND APPLICATION OF THE PROCUREMENT ORDINANCE, ADD DEFINITIONS, AND PROVIDE FOR THE EXEMPTION OF THE PROVISIONS OF THE PROCUREMENT ORDINANCE AND THE CONE OF SILENCE FOR THE COMMUNITY REDEVELOPMENT AGENCIES; MORE PARTICULARLY BY AMENDING SECTIONS 18-72 AND 18-73 OF SAID CODE, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 18, Article III, of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:l/ "CHAPTER 18 FINANCE ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE 1J Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 1235, Sec. 18-72. Application and exclusions. (a) Application. Regardless of the source of funds, including state and federal assistance monies, and except as otherwise specified by law, the provisions of this article shall apply to every purchase/procurement by: (1) The the G Fes_ G ssie er-s the Gi--• depc}'rcmczrcs--and 6ffle•es, the ---1-r6zzt—ra'xk Management TT"Q'sZj the lTF e re „ Al T'ra Ce Beard, the Geeenut Greve —Parking —rndTozi : •• rr, i the ­GeffffF�unity Relatiens Beard, the Arts a d Entertainment Geun„; l,and the Virginia Key Beaeh Triast- All City Entities or Boards, as hereinafter defined, except for the Community Redevelopment Agencies. (2) The Downtown Development Authority, the Department of Off -Street Parking, the Model City Homeowners Trust, the Civilian Investigative Panel, Virginia Key Beach Park Trust, and the Miami Sports and Exhibition Authority (each referred to herein as the "Board" or "City Entity, as applicable); provided, however, that: b. The cone of silence shall not apply to any Board or City Entity set forth in X18-72(2) herein or the Community Redevelopment Agencies. (b) Exclusions: This Article shall not apply to: (1) Procurement of dues and memberships in trade or professional organizations; registration fees for trade and career fairs; subscriptions for periodicals and newspapers; advertisements; postage; expert witnesses; legal services, abstracts of titles for real property and title searches; Page 2 of 4 12354 title insurance for real property; water, sewer, and electrical utility services; copyrighted materials or patented materials including but not limited to technical pamphlets, published books, maps, testing or instructional materials; fees and costs of job-related seminars and training. Sec. 18-73. Definitions. City Entity(ies) shall mean the City of Miami, the Office of the Mayor, the City Commissioners, the City Manager, the City Clerk, all city departments and offices, the City Commission, every agency, authority, advisory board, regulatory board, quasijudicial board, semiautonomous instrumentality, committee, task force, trust, or any group created and/or funded, in whole or in part, by the City Commission of the City of Miami, provided, with the exception of the Communis Redevelopment Agencies. Using Agency means any department, of f- City Entity T len,, Trust, P�ut=herity,—Aa�eney, Bea eeffimAtee which requests and uses Goods, equipment and/or services procured pursuant to this Article. Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 3 of 4 12 3 5 A Section 4. This Ordinance shall become effective IMMEDIATELY after final reading and adoption thereof.V PASSED ON FIRST READING BY TITLE ONLY this 27th day of March , 2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 10th day of April , 2003. MANUEL A. DIAZ, MAYO ATTEST: PRI CILL A. THOMPSON CITY CLERK AS 40 FO, M AND CORRECTNESS &LEJ RO VILARELLO CI ATTORNEY W1371:GMM:dd:BSS zi This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 4 12354 Second Reading Ordinance CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Comm ion. FROM: Alejandro Vilarello, City Attome;%7 DATE: March 20, 2003 16 RE: Proposed First Reading Ordinance -March 27, 2003 City Commission Meeting Amending City Code to clarify and application of the provisions of the Procurement Ordinance and provide for the exemption of the provisions of the Procurement Ordinance and the Cone of Silence for the Community Redevelopment Agencies (J-03-001) The attached ordinance has been drafted to clarify the scope and application of the provisions of the Procurement Ordinance and provide for the exemption of the provisions of the Procurement Ordinance and the Cone of Silence for the Community Redevelopment Agencies. This ordinance has been submitted for placement on the March 27, 2003 Agenda. W844:BSS Attachment c: Joe Arriola, City Manager Elvi G. Alonso, Agenda Coordinator 12354