HomeMy WebLinkAboutO-11878J-00-30
1/4/00
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 18/ARTICLE III OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "FINANCE/ PURCHASING AND
CONTRACTS GENERALLY", TO ALLOW SERVICES
RELATED, TO CULTURAL, EDUCATIONAL,
RECREATIONAL OR PARK ACTIVITIES PROVIDED BY
NON-PROFIT ORGANIZATIONS WITHIN CITY PARKS TO
BE AWARDED WITHOUT COMPETITIVE NEGOTIATIONS;
MORE PARTICULARLY BY AMENDING SECTION 18-80;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is desirous of obtaining the assistance of
non-profit organizations in providing community and park related
recreational services to its citizens; and
WHEREAS, competitive bidding requirements currently
applicable to such non-profit organizations discourages their
participation in providing such services to the City within its
jurisdiction; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
the Code of the City of Miami, Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Section 18-80 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars:l/
"Chapter 18
FINANCE
ARTICLE III. Purchasing and Contracts Generally
Sec. 18-80. Competitive Negotiations
(a) Conditions for use.
(1) Competitive negotiations shall be used in
those circumstances in which it' is both
practicable and advantageous for the city to
consider a range of competing plans,
specifications, standards, terms and
conditions so that adequate competition will
result and award be made not principally on
the basis of price, but to the offeror whose
proposal contains the most advantageous
combination of price, quality or other
features.
(2) Competitive negotiations shall be used in the
procurement of personal and professional
services except.:
a. Professional services as defined under
Code Section 18-81.
�i 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.
Page 2 of 5
0
b. Personal andrprofessional services where
the fee for such services to be
performed is less than $50,000.00.
C. Legal and accounting services.
(3) Services related to cultural, educational,
recreational or park activities provided by
non-profit organizations within city parks
may be awarded without competitive
negotiations if the City Manager makes a
written finding, supported by reasons, to the
City Commission,. that competitive
negotiations methods are not practicable or
advantageous. Such finding must first be
ratified by an affirmative vote of four-
fifths of the Commission after a properly
advertised public hearing.
(�4) The city manager or the city manager's
designee shall make recommendations to the
city commission regarding the procurement of
personal and professional services not
exempted in subsection (a)(2), above, and in
excess of $50,000.00 and present evidence
that he has interviewed at least three
individuals or firms possessing the ability
to perform such services and that he has
obtained information from said individuals or
firms relating to experience, qualifications
and the proposed cost or fee for said
services.
(45) The city manager shall make recommendations
to the city commission regarding the
procurement of accounting services and
present evidence that he has interviewed at
least three individuals or firms possessing
the ability to perform such services and that
he has obtained information from said
individuals or firms relating to experience,
qualifications, and the proposed cost or fee
for said services.
Section 3. All Ordinances or parts of Ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed. _..
Page 3 of 5
Section 4. 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.
Section 5. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety and property of the City of
Miami.
Section 6. The requirements of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four-fifths of the members of the Commission.
Section 7. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor./
If the Mayor does not sign this Ordinance, it shall become effective at
the, end of ten calendar 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.
Page 4 of 5 11878
LJ
PASSED AND ADOPTED this
•
13th day of January , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec., 2.26, since the MA,,Y0F did n5t indii-ga@ spores! 6f
this legislation by signing it in the designated Alec _!,I !g#iis�!3it►
becomes effective with the elapse of ten (10) days m the 'e 0# GWir N' ga4ffi
regarding same, without the Mayor ercis g ^ t oe
ATTEST: W It a 0Ity Cierkk
WALTER J. FOEMAN
CITY CLERK
Page 5 of 5
i 0
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Walter J. Foeman, City Clerk
FROM: Alejandro Vilarello, City
DATE: March 31, 2000
RE: Scrivener's Error-Ordj,�ance No. 11878
Ordinance No. 11878 adopted as an emergency ordinance on January 13, 2000 amended
Chapter 18/Article III of the Code of the City of Miami, Florida, as amended, to allow services
related to cultural, educational, recreational or park activities provided by non-profit organizations
within city parks to be awarded without competitive negotiations; more particularly by amending
Section 18-80.
In amending Section 18-80 a new No. "3" was added, therefore, the old No. 3 became
No. 4 and No. 4 became No. 5.
The herein attachment, which is a substitute original Ordinance to replace the document
you presently possess as Ordinance No. 11878, has been revised to reflect the proper sections of
the Code.
After the correct document has been executed, please forward a copy to this Office. This
memorandum may be attached to Ordinance No. 11878 so that any concern regarding the
substitution of said Ordinance is clarified.
W430:RCL
Attachment
c: Lori Bilberry, Director
Asset Management
- 1187, 8
N00-30
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11878
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 18/ARTICLE III OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
ENDED, ENTITLED "FINANCE/ PURCHASING AND
NTRACTS GENERALLY TO ALLOW SERVICES
R ATED TO CULTURAL, EDUCATIONAL,
RE EATIONAL OR PARK ACTIVITIES PROVIDED BY
NON- ROFIT ORGANIZATIONS WITHIN CITY PARKS TO
BE A RDED WITHOUT COMPETITIVE NEGOTIATIONS;
MORE RTICULARLY BY AMENDING SECTION 18-80;
CONTAI NG A REPEALER PROVISION AND A
SEVERABI ITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE ATE.
WHEREAS, the City idesirous of obtaining the assistance of
non-profit organizations i\
providing community and park related
recreational services to its itizens; and
WHEREAS, competitive
applicable to such non-profit
dding requirements currently
anizations discourages their
participation in providing such seNices to the City within its
jurisdiction; and
WHEREAS, the City Commission after \areful consideration of
this matter deems it advisable and in the est interest of the
general welfare of the City of Miami and its i abitants to amend
the Code of the City of Miami, Florida;
[Note: This original Ordinance 11878 was replaced
by a substitute Ordinance 11878 and forwarded to
the City Clerk's Office on this 31st day of March ,'-;2000
per memorandum from the City Attorney].
11878
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIA14I , FLORIDA:
Sect\da
e recitals and findings contained in the
Preambleinance are hereby adopted by reference
thereto aed herein as if fully set forth in this
Section.
Sectction 18-80 of the Code of the City of
Miami, Flended, is hereby amended in the following
particula
"Chapter 18,
FINANCE
ARTICLE III. PurchAping and Contracts Generally
Sec. 18-80. Competitiv%Negotiations
(a) Conditions for
(1) Competitive negotia ions shall be used in
those circumstances 'n which it is 'both
practicable and advant eous for the city to
consider a range o competing plans,
specifications, standa \quali
terms and
conditions so that adequtition will
result and award be madencipally on
the basis of price, but feror whose
proposal contains thedvantageous
combination of 'price, or other
features.
(2) Competitive negotiations shall be u ed in the
procurement of personal and pro ssional
services except:
Words and/or figures stricken through shall be deleted. UndNscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged.
[Note: This original Ordinance 11878 was replaced by a substitute Ordinance
11878 and forwarded to the City Clerk's Office on this 31st day of March per
memorandum from the City Attorney]. �r,,
Page 2 of 4
Professional services as defined under
Code Section 18-81.
b. Personal and professional services where
the fee for such services to be
erformed is less.than $50,000.00.
c. Le al and accounting services.
-nrofi
Section 3. All Ordinances or part of Ordinances insofar
as they are inconsistent or in conflict w th the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of s ction, paragraph,
clause, phrase, or word of this Ordinance is eclared invalid,
the remaining provisions of this Ordinance shall of be affected.
Section 5. This Ordinance is hereby decl red to be an
emergency measure on the grounds of urgent public eed for the
preservation of peace, health, safety and property of he City of
Miami.
Section 6. The requirements of reading this Ord ance on
two separate days is hereby dispensed with by an affirmatile vote
of not less than four-fifths of the members of the Commission.
[Note: This original Ordinance 11878
was replaced by a substitute Ordinance -
11878 and forwarded to the:,•'Page 3 of 4 11878
City Clerk's Office on.this 31st day
of March, 2000 per memorandum from the:1-City,TAttorney1
Stion 7. This Ordinance shall become effective
immediatel upon its adoption and signature of the Mayor .2/
PASSED AND ADNTED this 13th day of January , 2000.
In accordance with Miami Code ec.
this legislation by signing it in th
becomes effective with the elapse of
regarding same, without the Mayor E
ATTEST:
WALTER J. FOEMAN
JOE CAROLLO, MAYOR
2-36, since the Mayor did not indicate approval of
designated ,lace provided, said legi,,latc:r -carr
lei 'l 0) daysf,#rli tho Q�s to �rommiu`�i� .�
:t/
[Note: This original Ordinance 11878 was replaced by.'a substitute
Ordinance 11878 and forwarded to the City Clerk'.s Office on this
31st day of March, 2000, per memorandum from the City Attorney].
If the Mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar 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.
Page 4 of 4 � ��
8
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
JI Ai �j0-,�
Lli
TO: DATE: UvFILE:
Honorable Mayor and Member Emergency Ordinance
O/aH.
Commission SUBJECT : amending Section 18-80
Code of City of Miami
FROM: REFERENCES:
Warshaw
City Manager ENCLOSURES:
City Commission Agenda
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached emergency
Ordinance amending Section 18-80 of the Code of the City of Miami, Florida, as
amended, entitled Competitive Negotiations to provide that services related to cultural,
educational, recreational, or park activities provided by non-profit organizations within
City Parks may be awarded without competitive negotiations if the City Manager makes
a written finding, supported by reasons, to the City Commission, that competitive
methods are not practicable or advantageous. Such finding must first be ratified by an
affirmative vote of four-fifths of the Commission after a properly advertised public hearing.
BACKGROUND:
The City is desirous of obtaining assistance of non-profit organizations in providing cultural,
educational and/or recreational services to its citizens in the City parks. Competitive bidding
requirements currently applicable to those non-profit organizations discourage their
participation in providing such services to the City. The proposed amendment to Section 18-80
will permit the City to negotiate with non-profit agencies for the provision of these cultural,
educational, recreational, or park activities in City parks without the necessity of conducting
competitive negotiations if the City Manager makes a written finding to the City Commission
that competitive negotiations are not practicable or advantageous. Such finding must first be
ratified by an affirmative vote of four-fifths of the Commission after a properly advertised
public hearing.
L.4121
DHW/JFL,lL Ordinance See. 18-80 amend.
11
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Nntices of the Miami Daily Business
Review f/kla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11878
XX
in the......................xxxx.................. Court,
unblishedi n saidd6gdpaper in the issues of
WN
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, r�de
any discount, rebate, com-
mission or ofe of securing this advertise-
mentfor u cnewspaper.
.....V..R.. a....iyp„1.Y.T.............................
Sw o and subscribed before me tfj)so O O
20 T uar G
jf..,. ..................I A.D........
....I ... :...............................................
(SEAL)
Octelma V. Fe agIfo onally kngNMPIR1�SA
' MY COMMISSION 4 CC 885640
; EXPIRES: March 4, 2004
pf' Bonded Thru Notary Public Underwriters
0
NOTICE OF,PROPOSED ORDINANCES
All interested persons will take notice that on the 13th of January, 2000, 1
j the City Commission`.ofTMiami, Florida adopted the following titled ordi-
nances:
.--ORDINANCE N �.
'AN EMERGENCY --ORDINANCE OF THE MIAMI CITY_ COM=.`._'";•
MISSION AMENDING CHAPTER 18/ARTICLE III OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN-
TITLED "FINANCE/PURCHASING AND CONTRACTS GEN- }
ERALLY," TO ALLOW SERVICES RELATED TO CULTURAL,
EDUCATIONAL,., RECREATIONAL OR PARK ACTIVITIES
PROVIDED BY NON-PROFIT ORGANIZATIONS WITHIN CITY f .
PARKS TO BE'AWARDED WITHOUT COMPETITIVE NEGOTI=
_ATIONS; MOREPARTICULARLY BY -AMENDING SECTION„
18-80; CONTAINING A REPEALER PROVISION AND A SEV �.
ERABILITY CLAUSE_ AND PROVIDING FOR ANIEFFECTIVE
' DATE:
ORDINANCE N0..11879, r'
AN ORDINANCE OF THE,MIAMI CITY COMMISSION AMEND-,
ING CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE.CODE OF
- THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"PERSONNEL/PENSION-AND RETIREMENT-PLAN/CITY,OF.-
( _ MIAMI'GENERAL-EMPLOYEES',AND SANITATION EMPLOY- '
EES' RETIREMENT TRUST, TO'ALLOW FOR INVESTMENTS
lF STOCK IWFOREIGN CORPORATIONS;, MORE PARTICU- ., r
LARLY 'BY AMENDING SECTION 40-2,45;OF SAID CODE;
CONTAINING A REPEALER PROVISION ANDA SEVERABILI-
TY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE -NO. 11880
-'AN ORDINANCE OF THE MIAMI CITY, COMMISSION AMEND-.-.
ING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE ;
CODE OF THE CITY OF MIAMI, FLORIDA, AS -AMENDED, EN-
TITLED "STREETS: AND --SIDEWALKS/BASE BUILDING.'
LINESMONSTANDARD STREET WIDTHS;'°TO MODIFY THE
WIDTH OF NORTHEAST, 12TH STREET BETWEEN NORTH-
EAST.BISCAYNE BOULEVARD AND NORTHEAST 2ND AVE-
NUE, MIAMI, FLORIDA; :CONTAININGA' REPEALER" PROVI-
SION AND A SEVERABILITY CLAUSE,'AND PROVIDING FOR
AN EFFECTIVE*DATE.
' ORDINANCE N0. 11881:,
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND--
ING CHAPTER 38/ARTICLE I -,OF THE CODE OF THE CITY OF
MIAMI; FLORIDA, -'AS AMENDED, ENTITLED "PARKS AND
RECREATION/IN GENERAL," TO ESTABLISH FLAT• RATES
AND CHANGING. CERTAIN CONFERENCE ROOMS TO REN-
TAL OFFICE SPACE AT -THE MANUEL ARTIME:.COMMUNITY
CENTER-, MORE; PARTICULARLY` BY AMENDING SECTION
38-8; CONTAINING'A.REPEALER PROVISION ANDA:SEVER- --
ABILITY CLAUSE. AND PROVIDfNG.FOR: AN EFFECTIVE
DATE., a
ORDINANCE NO: 11882 .
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB
LISHING A. SPECIAL- REVENUE .FUND ENTITLED "CITY OF
MIAMI PROGRAMSFOR PERSONS WITH DISABILITIES`,MIA-
`. MI-DADE COUNTY *ADA - GRANT" -AND APPROPRIATING
FUNDS FOR; ITS QPERATION;IN _THE;AMOU_NTS017:,$58,878%
FROM 1996.1997 GRANT FUND; $61,038.61 FROM 1997-
4998_ GRANT FUND; AND $51,783.39 :FROM 1998.1999
GRANT, FUND, FROM MIAMI-DADE COUNTY, OFFICE OF
AMERICANS WITH DISABILITIES ACT ("ADA") COORDINA.
TION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
GRANT AWARDS AND TO EXECUTE THE -NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY AT-
TORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER I
PROVISION,AND.A SEVERABILITY CLAUSE.
Said proposed ordinances may be inspected by the public at the Office i
.,of the City Clerk, 3500 Pan American Drive, Miami, Flofida, Monday..
j.through Friday; excluding holidays, between the hours of 8 a.m: and 5
I