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HomeMy WebLinkAboutR-00-1130J-00-1098 12/12/00 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION URGING ,THE BOARD OF MIAMI-DADE COUNTY COMMISSIONERS TO EXEMPT MUNICIPALITIES FROM THE APPLICABILITY OF THE PROVISIONS CONTAINED IN SECTION 2-11.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AS AMENDED (THE "CODE"), AS IT RELATES TO THE CONE OF SILENCE ORDINANCES, OR, IN THE ALTERNATIVE, TO RELOCATE THE CONE OF SILENCE PROVISIONS TO A SECTION OF THE CODE NOT APPLICABLE TO MUNICIPALITIES. WHEREAS, Section 2-11.1 of the Code of Miami -Dade County, Florida, as amended (the "Code"), which contain the Conflict of Interest and Code of Ethics Ordinance provisions, applies by its terms to all municipal officers and employees in municipalities located within Miami -Dade. County (the "County") (Section 2-11.1(a), Miami -Dade County Code); and WHEREAS, the Cone of Silence Ordinances prohibiting communication between bidders and persons on their behalf and staff, including the City Manager, during specific time periods, with regard to specific Request for Proposals ("RFP's"), Request for Qualifications ("RFQ's"), or bids, are located in Section 2-11.1(t) of the Code; and CITY COMMISSION MEETING OF, DEC t 4 2000 kesolution No. 0 • WHEREAS, the City of Miami (the "City") subscribes to the goals and objectives underlying the Cone of Silence Ordinances, that is to provide a procurement process which eliminates any undue influence or unnecessary pressures on staff and therefore, the City has adopted stringent procurement processes in its Code to further these worthwhile and lofty goals on the part of the City of Miami; and WHEREAS, in addition to complying with its own stringent procurement process., .the City is meticulous in its compliance with the County's Cone of Silence Ordinances, conducting workshops with staff, publishing the necessary notices and engaging in mandatory written communication concerning matters unrelated to the substance of the particular RFP, RFQ or bid, thus needlessly allocating additional staff time and paperwork in its extensive compliance efforts; and WHEREAS, the costly and protracted delays and the staff time consumed it these efforts derail the City's efforts to meet its procurement needs in an efficient and expeditious manner; 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 and its inhabitants to urge Miami - Page 2 of 4 U' U "" 1130 Dade County to relieve municipalities, especially Miami, from the procedures of the County Cone of Silence.Ordinances law; NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings continued in this Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Board of Miami -Dade County Commissioners is hereby urged to exempt municipalities from the applicability of the provisions contained in Section 2-11.1 of the Code of Miami -Dade County, Florida, as amended (the "Code"), as it relates to the Cone Of Silence Ordinances, or, in the alternative, to relocate the Cone Of Silence provisions to a section of the Code not applicable to municipalities. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 4 0 a -1130 u C7 PASSED AND ADOPTED this 14th ATTEST: day of December 1 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designateVp�llace ovided, said legislation ,becomes effective with the elapse of ten (10)e date of 'om Issir ;;onregarding same, without the Mayor exercisi ,q WALTER J. FOEMAN CITY CLERK ODRW7ILARELLO ATTORNEY 4920:GMM:mea:BSS CORRECTNESS:/ Page 4 of 4. 0 0 —1 1'a A.