HomeMy WebLinkAboutO-10540J-88-736
1/12/89
ORDINANCE NO. 10540
AN ORDINANCE REQUIRING THAT ANY FUTURE LEASES
OF CITY -OWNED PROPERTY TO PRIVATE CLUBS AND
ORGANIZATIONS CONTAIN PRESCRIBED LANGUAGE IN
THE LEASE AGREEMENT AS SET FORTH IN THIS
ORDINANCE, WHICH LANGUAGE MANDATES ADOPTION
AND IMPLEMENTATION OF AN AFFIRMATIVE ACTION
PLAN BY SUCH CLUB OR ORGANIZATION, SAID PLAN
TO RESULT IN PARTICIPATION BY MINORITIES IN
CLUB OR ORGANIZATION MEMBERSHIP AND
ACTIVITIES; ALSO REQUIRING THAT SUCH FUTURE
LEASE AGREEMENTS INCORPORATE THE PROVISIONS
OF ORDINANCE NO. 10062 RELATED TO MINORITY
PROCUREMENT THEREBY MANDATING THE ADOPTION
AND IMPLEMENTATION OF THE ANNUAL GOAL OF
FIFTY-ONE PERCENT (51%) MINORITY/WOMEN
BUSINESS PARTICIPATION IN THE PROCUREMENT OF
GOODS AND SERVICES BY LESSEES; FURTHER,
REQUIRING THAT SUCH FUTURE LEASE AGREEMENTS
CONTAIN A PROVISION REQUIRING THAT LESSEES
REPORT ANNUALLY TO THE CITY'S OFFICE OF
MINORITY/WOMEN BUSINESS AFFAIRS ON THE
ATTAINMENT OF SAID GOALS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR INCLUSION IN THE CITY CODE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. (a) Notwithstanding any City Code provision
to the contrary, in all future leases of City -owned property to
private clubs and organizations, the lease agreements shall
contain the following language that mandates adoption and
implementation of an affirmative action plan by such club or
organization:
"AFFIRMATIVE ACTION PLAN
An affirmative action plan requires that action be
taken to provide equal opportunity, as in hiring or
admission, for members of previously disadvantaged
groups, such as women and minorities, and often
involves specific goals and timetables.
LESSEE, in furtherance of providing equal
opportunity for previously disadvantaged groups such as
minorities, shall institute an Affirmative Action Plan.
The minority membership of the LESSEE club or
orgnaization representative of the City of Miami's
population shall consist of no less than ten percent
(10%) of the total membership after the first year of
this Lease Agreement.
10540
LESSEE shall then increase its minority membership
five percent (5%) per year thereafter until such time
as said total club or organization membership reflects
the minority percentages representative of the City of
Miami's population.
LESSEE shall provide a minimum of six (6) public
service functions for minorities at the club or
organization facilities, which shall include three (3)
for Hispanics and three (3) for Blacks. Four of the
six public service functions shall be scheduled during
the summer months of June, July, and August of each
year and shall include two for Hispanics and two for
Blacks."
(b) There shall also be a provision in every
such lease agreement referring to Ordinance No. 10062 related to
minority procurement and incorporating such Ordinance No. 10062
within all said agreements thereby mandating the adoption and
implementation of the annual goal of fifty-one percent (51%)
minority/women business participation in the procurement of goods
and services by lessees; further, every such lease agreement
shall contain a provision requiring that lessees report annually
to the City's Office of Minority/Women Business Affairs on the
attainment of said goals.
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby 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.
This Ordinance shall be effective and the provisions thereof,
unless otherwise indicated herein, shall become operative in
accordance with City Charter provisions.
Section 4. It is the intention of the City Commission
that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
-2- 10540
"ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
PASSED ON FIRST READING BY TITLE ONLY this 8th day of
September , 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th
day of January , 1989.
XAVIER L. SU REZ, MAYOR
ATTE
o'
MA Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
0-25z -ql &,.amr
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
.
JOR E L . ° FER ANDEZ
CIT ATTORNE
RFC/bss/M357
-3-
10540
:....:..1 48
'1
CITY OF MIAMI, FLORIOA
INTER -OFFICE MEMORANDUM
Commissioner Miller J. Dawkins DATE
SUBJECT:
JorL. jFerandezREFERENCES:
City
ENCLOSURES:
August 26, 1988 nL9:J-88-736
Proposed Ordinances -
Lease to Private Clubs
(1)
Since the first reading of this proposed ordinance on
July 14, 1988, we have received input from City staff and
incorporated the same for your review and approval. The
additional material appears as Subsection (b) of Section 1 of the
Ordinance. It requires that the City's Minority Procurement
Ordinance be incorporated in all future lease agreements, thereby
mandating the adoption and implementation of the annual goal of
fifty-one percent (51%) minority/women business participation'in
the procurement of goods and services by private clubs leasing
City -owned property.
If you approve of the attached ordinance please deliver the
same to Aurelio Perez-Lugones so that he may distribute the same
in the Agenda Packet for the September 8th Commission Meeting.
Due to the substantial nature of the additional requirement, we
are suggesting that the ordinance be again considered on first
reading at the September 8th Meeting.
JLF:RFC:bss:P596
cc: Aurelio Perez-Lugones
Legislative Administrator
Adrienne M. Macbeth
Minority/Women Business Affairs Officer
1..0340, q�_l
;,ITY OF MIAMI. FLORIDI
INTER -OFFICE MEMORANDUM
-O = ATE
Honorable Mayor and Members
of the City Commission .;EJECT
i
Q
CROM Jo a L. Fer andez °EFERENCES
FILE
July 21, 1988
City Commission Meetings:
7/14/88-Agenda Item: #C39
City At orn 7/21/88-Agenda Items: #2, #4,
ENCLOSURES. #5, #15,#33 and Non -Agenda
(4)
The following information and material should be considered by
you in your deliberations at today's Meeting. The City Clerk has
informed our office that the continued items from the July 14th
Meeting Agenda will be designated with the letter "C" preceding
numbered items from that Agenda:
Agenda Item #C39 (J-88-696) (Resolution rescinding
portion of previously adopted Resolution, allocating
funds, approving guidelines for pilot program and
authorizing contracts] We have been informed by the
City Clerk that on July 14th in your consideration of
this item (City-wide Business Development Pilot
Program/Guidelines/Loan Committee) no roll call vote
was taken on either the enlargement of the Loan
Committee to include Assistant City Manager Herbert J.
Bailey or on the agenda item itself. Accordingly, we
have added the name of Herbert J. Bailey in the
Resolution and request that you formally adopt this
item which essentially formalizes your previous action
at the June 23, 1988 City Commission Meeting.
Agenda Stem #2 (J-88-714) (Resolution accepting
donation of vehicle] We have added language to this
Resolution that will condition your approval of the
donation of a vehicle from the Integrity Insurance
Company "upon compliance with all applicable state
and/or federal laws"; also added to the Resolution is
the serial number'of the subject vehicle.
10.54 0'
Honorable Mayo ind Members
of the City Commission
July 21, 1988
Page 2
Agenda Item #4 (J-88-715) [Resolution allocating funds
and authorizing an agreement to establish a homeless
shelter] The terms and conditions of the agreement in
regard to the homeless shelter grant implementation
were not reflected in the Packet Material and a copy of
the Agreement is attached for your consideration.
Agenda Item #5 (J-88-716) [Resolution approving
professional services agreement for drug screening
services] At the time of Agenda Packet distribution,
the subject agreement of this proposed resolution was
not available. For your reference, we are attaching
the agreement which has been approved by our office.
NOTE: At the time the Consent Agenda is voted upon, if Item #2
is not removed from the Consent Agenda and considered separately,
there should be an announcement made by the Mayor that Item #2 is
being voted upon 'as modified'.
Agenda Item #15 (J-88-699) [Ordinance acknowledging
and consenting to merger of City Franchisee with N.U.I.
Corporation] To fully protect the interest of the City
and pending receipt of necessary documentation, we have
added the following language to the Ordinance as
distributed and inserted language in the title to
reflect the conditional nature of your approval:
"The herein acknowledgment and consent is
predicated (a) upon the current Franchise
being in compliance with all applicable
provisions of county, state and federal law;
(b) upon the receipt by the City Attorney of
a report from the City Manager that payments
due the City under the Franchise have been
paid and are not delinquent; and (o) upon the
City Attorney's reoeipt of proof that all
insurance requirements under the Franchise
have been met. When the provisions of (a),
(b) and (o) above have been satisfied, the
City Attorney shall file a written
certification to that effect with the City
Clerk."
1054Y
Honorable Mayor and Members
of the City Commission
July 21, 1988
Page 3
We have just been informed by counsel for the City
Franchisee that the existing Franchisee (City Gas
Company of Florida) is being absorbed by merger into
Elizabethtown Gas Company of New Jersey instead of
N.U.I. Corporation. Accordingly, a new ordinance
reflecting this relationship is being prepared and will
be distributed to you prior to your consideration of
this item; all of the conditions noted above appear in
the modified ordinance.
:Agenda Itam 433 (J-88-736) [Discussion of requirement
that any future leases of City -owned property to
private clubs contain an affirmative action plan] As a
frame. of reference in the consideration of this item
you will find attached a copy of the City's Minority
Procurement Program Ordinance. Suggestive counterpart -
language in connection with this subject is reflected
in the attached proposed ordinance that incorporates
language that has been i hided in some past lease
agreements where private c have leased City -owned
property.
NON-SCHED LED ITEMS
In addition to a previously forwarded Non -Agenda Item
(J-88-732); namely, an emergency ordinance adopting
recent revisions to the South Florida Building Code,
our office has prepared a resolution (J-88-735) at the
suggestion of Commissioner Plummer and upon request of
the City Clerk:
Non Agenda Item (J-88-735) [Resolution establishing a
Committee to assist canvassing of election results on
the night of an election] As evidenced by the attached
memorandum of November 6, 1985, the City Clerk is
empowered by the City Code to perform all duties and
functions in connection with municipal elections. Ms.
Hirai requested that we prepare the attached resolution
which provides for the appointment of an Elections
Committee composed of one member of the City Commission
and the City Attorney, or his designee, to assist the
City Clerk in the canvassing of election results on the
night of the election.
JLF:RFC:bss:P586
IL Q:9 40'
Honorable May,. and Members
of the City Commission
July 21, 1988
Page 4
oo: Cesar H. Odio, City Manager
Matty Hirai, City Clerk
Herb Bailey, Assistant City Manager
Angela Bellamy, Assistant City Manager
Chief Perry Anderson, Polioe Department
Carlos B. Garcia, Direotor, Department of Finance
Frank Casteneda, Direotor, Department of Community Development
Ron B. Williams, Direotor
General Servioes Administration
Al Armada, Property and Lease Manager
Linda K. Kearson, Assistant City Attorney
Rafael Suarez -Rivas, Assistant City Attorney
Adrienne L. Friesner, Assistant City Attorney
10540
CITY OF MIAMI, FLORIDA
1`1
INTER -OFFICE MEMORANDUM
TO:
Aurelio Perez-Lugones
Legislative Administrator
i
FROM: Jorge L . Fernandez
City Attorney
DATE:
SUBJECT:
FILE:
July 8, 1988 `
Private Clubs/City Leases
City Commission Agenda
REFERENCES: July 21, 1988
ENCLOSURES:
At the request of Commissioner Dawkins, our office is
preparing legislation to require incorporation of minority
participation requirements in provisions of lease agreements with
private clubs for City -owned property. The ordinance will not be
in final form at the time of your Packet distribution today;
accordingly, please place the following item on the July 21st
Meeting Agenda:
"Discussion concerning ordinance to
require incorporation of minority
participation requirements in
provisions of lease agreements with
private clubs for City -owned real
property."
JLF:RFC:bss:P580
co: Commissioner Miller J. Dawkins
Cesar H. Odio, City Manager
Albert Armada, Property and Lease Manager
John J. Copelan, Jr., Deputy City Attorney
10,540
J-85-944
10/11/85
ORDINANCE NO..1 O O 6 2 --
AN ORDINANCE REPEALING ORDINANCE NO. 9775,
THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF
THE CITY OF MIAMI, FLORIDA AND SUBSTITUTING
THEREFOR A NEW MINORITY PROCUREMENT PROGRAM
ORDINANCE TO BE KNOWN AND CITED AS "THE
MINORITY AND WOMEN BUSINESS AFFAIRS AND
PROCUREMENT ORDINANCE OF THE CITY OF MIAMI,
FLORIDA," ESTABLISHING A MINORITY AND WOMEN
BUSINESS AFFAIRS PROCUREMENT PROGRAM AND
COMMITTEE; PROVIDING FOR THE CREATION BY THE
CITY MANAGER OF AN OFFICE OF MINORITY AND
WOMEN BUSINESS AFFAIRS AND PROCUREMENT;
FURTHER SETTING FORTH A GOAL OF AWARDING AT
LEAST 51 PERCENT OF THE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
TO BUSINESSES OWNED BY BLACKS (17%),
HISPANICS (17%), AND WOMEN (17`b); AUTHORIZING
THE CITY MANAGER TO PROVIDE FOR MINORITY AND
WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT
SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING
FOR THE -DEVELOPMENT OF PROCEDURES, MEASURES
AND RESOURCES TO IMPLEMENT SAID PROGRAM,
GOALS AND OBJECTIVES; AND CONTAINING A
SEVERABILITY CLAUSE.
WHEREAS, Ordinance No. 9775 dealing with minority
procurement has been found to be in need of revision and
modification to strengthen the effectiveness of the City of
Miami's Minority Procurement Policy and Program; and
WHEREAS, the City Commission, in repealing Ordinance No.
9775 and in adopting and substituting therefor the herein
Minority and Women Business Affairs and Procurement Ordinance is
authorized pursuant to the Charter of the City of Miami,
Sections 52 and 53; and the Municipal Home Rule Powers Act of
1973, Chapter 166.001 et seq., Florida Statutes, as amended; and
WHEREAS, the U.S. Supreme Court has upheld Dade County
Ordinance No. 82-67, adopted July 20, 1984, restricting bidding
on construction projects to Black -owned firms when prior
unwarranted discrimination has been proven; and
WHEREAS, findings of a City of Miami Minority Procurement
Disparity Study indicated a substantial exclusion of minority
and women -owned businesses from the City's procurement process
for the fiscal years between 1971 and 1981; and
WHEREAS, this Ordinance will prevent the perpetuation of
the effects of prior unwarranted discrimination which has
tos4a
heretofore impaired, limited or foreclosed procurement and
contracting opportunities for businesses owned by Blacks,
Hispanics and Women with the City of Miami; and
WHEREAS, the City of Miami has established a policy of
constructi ve affi rmati ve action to el imi nate substanti al ly the
effects of prior discrimination; and
WHEREAS, the proposed Minority and Women Business Affairs
and Procurement Program and Policy contains requirements: (a)
that those who contract with the City of Miami in the areas of
procurement shall not discriminate against any business,
employee or applicant for employment because of age, ethnicity,
race, creed, color, religion, sex, national origin, handicap, or
marital status; and ( b ) that such city contractors have and
implement an Affirmative Action or Equal Employment Opportunity
policy to ensure that such businesses, employees or applicants
for employment are treated equally without regard to age,
ethnicity, race, creed, color, religion, sex, national origin,
handicap or marital status, and
WHEREAS, implementation of this ordinance will serve the
best interest of the City and will maximize the opportunity for
small business concerns owned and controlled by Blacks,
Hispanics and Women to procure or contract with the City of
Miami in the area of procurement; and
WHEREAS, to be effective it is necessary and desirable to
establish for the City of Miami a Minority and Women BLsiness
Affairs Procurement Program with the appropriate goals,
objectives, administrative procedure and resources; and adopt
legislation remedying the affected Hispanic, Black and Women -
owned businesses;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. This Ordinance shall be known and may be cited
as "The Minority and Women Business Affairs and Procurement
Program Ordinance of the City of Miami."
Section 2. For the purpose of this Ordinance, the
following terms phrases, words, and their derivations shall have
the following meanings: r.
A. Business Enterprise means any corporation,
partnership, individual, sole proprietorship, joint stock
company, joint venture, professional association or any other
legal entity that is properly licensed to do business with the
City of Miami and/or Dade County and/or the State of Florida.
B. Minority and Women -Owned Business Enterprise means
a business enterprise in which at least 51 percent of said
enterprise is owned by Blacks, Hispanics or Women whose
management and daily business operations are controlled by one
or more Blacks, Hispanics or Women.
C. Contract means agreements for the procurement of
goods, services or construction of facilities for the City of
Mi ami`.
D. Facilities means all total or partial publicly
financed projects including, but without limitation, unified
development projects, municipal public works and municipal
improvements to the extent they are financed with City money,
utilize City property, or require City services.
E. Goods and services include, without limitation,
public works, improvements, facilities, professional services,
commodities, supplies, materials and equipment.
F. Goal means the percentages of the annual dollar
volume of procurement expenditures determined by this ordinance
to be offered for Minority and Women business participation.
G. Set -aside is the term which will be used to
designate a given purchase or contract or a portion of a given
purchase or contract award for Black, Hispanic and/or Women -
owned businesses. Set -asides may only be utilized where it is
determined, prior to the invitation to bid or request for
proposals, that there are a sufficient number. of certified
Black, Hispanic and/or Women -owned businesses to afford
effective competition for the purchase.
H. Joint Venture shall mean an association of persons
or 1 egal enti ti es wi th the i ntent to engage i n and carry out a
single business enterprise for profit.
3 . nob 2
I. Procurement Expenditures shall mean a purchase,
payment, distribution, loan or advance for the purpose of
acquiring or providing goods and services.
J. Affirmative Action Plan shall include the
projected annual goals and the timetables which will be used to
employ and/or procure with women and minorities a non-
discrimination policy statement and any other actions which will
be used to ensure equity in employment and the utilization of
minority and female -owned businesses.
Secti on 3. A Minority and Women Business A f f a i rs and
Procurement Program for the City of Miami is hereby established.
The City Manager's Office shall be held accountable for the full
and forceful implementation of the Minority and Women Business
Affairs and Procurement Program by providing appropriate
recommendations for action by the City Commission.
A. For the purpose of assisting the City Manager in
the implementation of said program, a Minority and Women
Business Affairs and Procurement Committee is hereby
established, consisting of an appropriate number of members, to
be appointed by the City Manager, with full representation of
Hispanics, Blacks and Women to be responsible for monitoring the
implementation of the program and making recommendations for
achieving the requirements of this Ordinance. The Committee
shall be responsible for generating yearly progress reports to
the City Commission and the community at large.
B. The City Manager shall, utilizing existing
resources, create an Office of Minority and Women Business
Affairs and Procurement; and shall provide the appropriate staff
and resources necessary for the performance of all such -
administrative duties; authorize and implement the
administrative guidelines and procedures required; and ensure
compliance with the functions required to promote the
achievement of the program' s goals and objectives of increasing
the volume of City procurement and contracts with Black,
Hispanic and Women -owned businesses.
1,()S4 Of
A 0t1F2:.
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Section 4. The objective of the City is to achieve a goal
of awarding a minimum of 51% of the total annual dollar volume
of all procurement expenditures to Blacks, Hispanics and Women -
owned business enterprises to. be apportioned as fol 1 ows:
seventeen percent (177.) to Blacks, seventeen percent (17%) to
Hispanics and seventeen percent (17%) to Women.l
A. To further the goal of increasing the total annual
volume of all procurement expenditures to minority and women -
owned business enterprises, authority for a minority and women -
owned business enterprise procurement set -aside is hereby
established for use by the City Manager as he or she may deem
advisable or necessary to increase the participation of Black,
Hispanic and Women -owned businesses in City procurement
contracts.
B. It shall be mandatory for all City of Miami
contracts and/or procurement award documents to contain the
following:
(1.) A specific reference to the applicability
of the Minority and Women Business Affairs and Procurement
Program established by this Ordinance;
(2.) A provision stating the right of the City
to terminate and cancel any contract or contractual agreement
entered into, including elimination of the individual(s) and/or
business enterprise(s) from consideration and participation in
future City contracts, on the basis of having submitted
deliberate and willful. false or misleading information as to
his, her or its status as a Black, Hispanic and/or Women -owned
business enterprise and/or the quantity and/or tvoe of mi nori tv
and women -owned business participation-
(3.) A requirement that each successful bidder
or offeror agree to provide a sworn statement of compliance with
the provisions of this Ordinance and its specific applicability
to the purchase or contract award under consideration; such
statement shall certify that the bidder or offeror, during the
1 Women, depending upon their own annual self-selection, shall be
listed in only one (1) of the categories: race, ethnicity,
gender. 1.0540
course of time involved in the performance of the contract
sought by such bidder or offeror, shall not discriminate against
any business, employee or applicant for employment because of
age, ethnicity, race, creed,. color, religion, sex, national
origin, handicap or marital status;
(4.) A statement of the extent to which the
business enterprise has as one or more of its partners or
principals persons who are Black, Hispanic or Women, or is a
joint venture compri sed of a non-minori ty and minori ty busi ness
and/or women -owned enterprise.
(5.) A requirement that each bidder submit along
wi th the bi d or proposal an Affi rmati ve Acti on P1 an ( AAP) . Any
significant equity participants, joint venture participants,
sub -contractors, suppliers or other parties to the bid or
proposal shall also be required to submit such plans.
(6.) A provision specifying the requirements for
continued bidder or offeror eligibility including minority and
female involvement.
Section 5. Bidders or offerors shall be required to
demonstrate a reasonable and good faith effort to solicit and
obtain the participation of qualified minority and women -owned
businesses in all' bid and proposal documents.
Section 6. Except where federal or state law or
regulations mandate to the contrary, the provisions of this
section will be applicable to all City of Miami, prebid, bid,
contract or other agreements negotiated by the City;
Section 7. The Minority and Women Business Affairs and
Procurement Program established herein shall be in effect only
until such time as the effects of prior unwarranted
discrimination against Blacks, Hispanics and Women have been
compensated for, at which time the goals and set -asides provided
for herein shall no longer be observed. Such need shall be
reviewed every two years by the City Commission, upon the
recommendation of the City Manager.
Section 8. Ordinance No. 9775, the Minority Procurement
Program Ordinance of the City of Miami, Florida, is hereby
repealed. 105 4(
A
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Section 9. Should any part or provision of this Ordinance
be declared by a Court of competent jurisdiction to be invalid,
same shall not affect the validity of the Ordinance as a whole.
PASSED ON FIRST' READING BY TITLE ONLY this zrsth day of
November , 1985.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 19th day of
ATTEST:
City Clerk
PREPARED AND APPROVED BY:
Deputy City ttorney
December 1985.
4�a "
x IER-ET. �UAWPF_Z, mayor
APPROVED AS TO FORM AND CORRECTNESS:
d'� �ze (� CL'C-'
'i City Attorney
AQJ/wpc/pb/ab/B156
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f, Clark of `the City of !Miami, Florida,
hcrch- rrrtif� that (u the �.1 J,IV of
A. l). 11) a full, true and c++;rect
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................. C Its ..............
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IL0!'14i1'
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbsyre, who on oath says that she is the
Supervisor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of CITY OF M I A M I
NOTICE OF PROPOSED
AN ORDI14ANCE REQUIRING THAT ANY
FUTURE LEASES OF CITY OWNED
PROPERTY TO PRIVATE CLUBS CONTAIN
PRESCRIBED LANGUAGE IN THE LEASE
Acn e E h1 E i.. T.... x .. x .. X................... court,
was published in said newspaper In the Issues of
October 14, 1988
Affiant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said 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
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
afflant further says that she has nel ald nor promised any
pars n, firm or corporation any town rebate, commission
or �fyqnd for the purpose of wring is advertisement for
p 11FMIon In the acid new r.
Pa`,9w61J1 t0
•ana��4Liayrlbed before me this
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AsILaY`G
AN ORDI
AMENDEC
-::FOR' THE
AGENCY F
GRANT T
$1;625,1,50
REVENUE
BLOCK GI
FROM SA
UNDS IN
iLY HOUSI
-AN�� ciTYI
LEVERAG
OARRIED .
'0 PKENTA
Ail inter
resnect.to
m
ISE
`.ORDIN
OU
considered at this meeting, ,that
;personshall ensure..
record of the proceedings Is made including ail testim�r
upon which agy appepl may be based: .
MATTY HIRAI
CITY CLERK , (fF5043) CITY OF MIAMI, , '13C
10i14
10540±
All intailbble , ow
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
Ordinance No. 10540
In the ....... X..X_X......................... Court,
was published In said newspaper in the Issues of
January 31, 1989
Affiant further says that the said Miami Review Is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said 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
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
at11an1 further says that she has neit Id nor promised any
person,, �4j1rm or corporation any count, rebate, commission
or reWnd for the purpose of ring t s.advertisement for
`'�i' • •,(��o eQ subsiojbed before me this
31 C I'
....... n' f'..... z Y.:. .T.., A.D. 19.. 8 9
•J anche
'.� ' • • otary Public, S a,o1 Ida at Large
(SEAL) ��i�0.0 • • • • • • Q•' ���
My Commiss16b�9/>�(r®j�jGle�\�1�91.
MR 115
<;CODE
TO :M
'� :MAkIiJ
MEMb
AN 0.i
;'`COLT
giTi;O
. LOCA'1
TRASF
AS AM
UN60
YOR:P
DISCO
MENT;
NOTIC
ee'rt
WASTE
,;AbMIN
`REPEA
AN OR
NO. 10
1MPRC
INCREt
SANIT),
r; OF;;S1B
`• A SEVI
AN OR
i� OF'7F�
,TLED, ,'
STORA
ESTAE
RECO%
FU
T`LE
Iik;:AC�FIk�Mt:n1 A�.�IrI:P�►1tn,:►ry {.�I� .`I
,,E, WHICH LANGUAGE MANDATES AQOPTION,
WENTATION OF AN AFFIRMATIVE ACTION PLAN
XUO OR •ORGANIZATION, SAID PLAN TO RESULT',
ICIPATION BY MINORITIES IN GI.US OK','
ATION MEMBERSHIP AND,ACTIVITIES; ALSO
0 THAT SUCH FUTURE LEASE AGREEMENTS
RATE THE PROVISIONS OF ORDINANCE; NO,.:
ATED Wi MINORITY PROCUREMENT THEREBY.
40 THE ADOPTION AND IMPLEMENTATION OF
IUAL. OOAG 'OF FIFTY-ONE PERCENT (OlVq)
(IWOMSN BUSINESS PARTICIPATION IN THE
MENT OF GOODS AND SERVICES @Y .L r;SSEE%
I, REQUIRING THAT SUCH FUTURE LEASE
:NTS CONTAIN A PROVISION REQUIRING THAT
HcF(:A.a 7J iJutif 1'r_[r)_]tiiE rllr•S:-[1411C6 n�—._-
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida,
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
Ordinance No. 10540
Inthe ....... X _X. , X............ I ............ Court,
was published in said newspaper In the Issues of
January 31, 1989
Afflant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in sold Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office In Miami In said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement- and
allfanl further says that she has Welt Id nor promised any
person irm or corporation any count, rebate, commission
or re nd for the purpose of ring t s.dvertlsement for
pub MUM In theseld news n �
1,tt111 fr ✓/ .�N
• �-( i
and.subsbed before me this
r.....Lian ry. o.� _ , A.D. 19.. 8 9.
.... ........
'. ota� ry Public, aid ojncheIda at Large
(SEAL) i�i�p� • ... • • P '01
My Commissifkji9�(r®f�j�P��,�}�j91.
fitMR 115
AMENDING SUB
ENTITLRb "ENFO
TO PROVIf)E TH!
WASTE COLLEO'f
ADMINIONATIVE
A PEALt"PROV
AN ORDINANt;E P
NO. 10821, AbOP
IMPROVEMENT.,
INCREASING, THl
SANiTARV'8EV, 9P
OFF $%60661 dot
"' A 81=VERAt31LITY
AN OFtbINAkt ,
' Of= THE CI'1`Y`b'F
TLED "POLICE". ?
RECOVERIh
VEHICLES'I
IN THE CIT'
OFTHE PRI
SAID: PART
PAYMENT:
AUTHORIZI
'FAILURE T4
-.STE.TO t
VEHICLES
PARTICULA
42 78, 42=78
42-81,,`CON1
' ,.ERABILITV.(
AN ORDIN,
"FINANCE"
1DA`,AS AMI
AND WOM
DEFINING
REQUIRIN(
AWARDING
:CITY'S TO
PR000RBtJ�EN
`i;SMACL?
PROVIDE'.`
REQUEST;
- P.ROPOSAL'
QUALIFIGAI
MINORITY/
+;�< PARTICIPAT
MIAMI ORD
NESS4FF
AL'
7
AN,,ORDINANCE;REQUIRING THAT ANY, FUTURELEpSE5
-0F CITY•OWNED,PROPERTY:;TO1L. RIVA�E;CLUB6 ANb,
ORGANIZATIONS;`CONTAIN PRESCRIBED LANGUAGE:,IN...,,
THE.LEASE.AGREEMENT AS SET:FORTH_,,IN TH,IS7,..,'
ORDINANCE;' WHICH LANGUAGE MANDATES.ADOPTION_.
AND IMPLEMENTATION OF AN AFFIRMATIVE ACTION PLAN `
BY SUCH CLUB OR.ORGANIZATION, SAID PLAN TO RESULT
IN PARTICIPATION` BY MINORITIES IN CLUB' OR
ORGANIZATION MEMBERSHIP AND., ACTIVITIES; ALSO:
REQUIRING .THAT SUCH FUTURE LEASE AGREEMENTS
INCORPORATE: THE PROVISIONS OF; ORDINANCE sNO.
10082 RELATED ;TO MINORITY PROCUREMENT THEREBY
MANDATING THE ADOPTION 'AND -'IMPLEMENTATION OF
THE ANNUAL' GOAL 'OF FIFTY-ONE PERCENT (51%)
MINORITYIWOMEN BUSINESS PARTICIPATION IN THE
PROCUREMENT OF GOODS AND SERVICES BY LESSEES;,:
FURTHER, REQUIRING; THAT SUCH•FUTURE LEASE
AGREEMENTS CONTAIN A PROVISION REQUIRING THAT -
LESSEES REPORT ANNUALLY TO THE CITY'S OFFICE OF
MINORITYIWOMEN BUSINESS AFFAIRS ON THE ATTAIN-
MENT OF SAID GOALS; CONTAINING A,REPEALER
PROVISION AND A 'SEVERABILiTY` QLAUSE; AND.
PROVIDING FOR INCLUSION IN THE CITY CODS;,
Said ordinances maybe Inspected by the public'at the -Office of
the City Clerk, M, Pan American Drive, Mlaml, Florid(►, Monday
through Friday, excluding holidays, between the hours of 8 00`0,1,
and 5;00 p.m,
MATTY HIRAI'
CITY CLERIC
MIAMI, FL(
RIDA
1131I 59 4 Q13180M
MIAMI REVIEW
Published Dilly except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida,
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI, FL U L�
NOTICE OF PROPOSED ORDINANCE
RE: ORDINANCE REQUIRING THAT ANY
FUTURE LEASES OF CITY —OWNED PROPERTY
LANGUAGETINCTHESLEASEAAGREEMENTIBED
In the ...... x... X... X.......................... Court,
was published in said newspaper in the Issues of
Dec. 30, 1988
Afflant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published In said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
afflant further says that she has neither paid nor promised any
person rm or corporation any discount, rebate, commission
or ref n for the purpose of securing this advertisement for
publl a on in the said newspaper. _
Sworn to and subscribed before me this
3 Q... day of .........R.4.c., ............. A.D. 19. ..
Janet ez
Notary Public, Stale of Florida at Large
(SEAL)
My Commission expires June 21, 1991.
MR 114A
CITY 110
NO*1CtE 0ir .
Notice is hereby giv
Miami, Florida,'Wlil'co
and final'reading,on.-W
the City Commission` t
n that the City Cod
Florida:
ORDINANCE NO,
AN ORDINANCE REQUIRING THAT ANY1 FUTU
OF CITY -OWNED PROPERTY TO PRIVATE CLUE
PRESCRIBED LANGUAGE.IN THE LEASEAGRI
SET FORTH IN THIS<ORDINANCE, WHICHI
MANDATES �ADOPTION AND IMPLEMENTATI
AFFIRMATIVE ACTION PLAN BY SUCH CLUB;
TO'RESULT. IN PARTICIPATION BY.MINORITII
MEMBERSHIP AND`ACTIVITIES; ALSO REQUI
SUCH FUTURE LEASE-AGREEMENTS.INCORP
PROVISIONS OF ORDINANCE NO. 10062 R'
MINORITY PROCUREMENT THEREBY WAND
A r nr,nL, Aeln ,unl CLACAITATif'W nC T&4r- AN
OF FIFTY-ONE PERCENT'(519
NESS PARTICIPATION'IN THE
SUCH FUTURE LEAS E'"AGREEMENTS-CON
PROVISION'REQUIRINGTHAT LESSEES'REPOR'
ALLY TO.THE CITY'S OFFICE OF.MINORITYNVOM
NESS'AFFAIRS ON' ?HE ATTAINMENT.OF.;SAID
CONTAINING A REPEALER PROVISION'AND'A SE
ITY-,CLAUSE; AND PROVIDING FOR INCLUSION
CITY CODE.
ORDINANCE NO;
AN ORDINANCE AMENDING CITY CODE SECTIOI
THEREBY REDUCING THE;REQUIRED.LIABILir
ANCE FROM;.$750,000 zTO $300,000; CONTAI
REPEALER PROVISION AND A SEVERABILITY:CU
ORDINANCE NO.
AN ORDINANCE REQUIRING RETAIL ESTABLISHM'
DISCLOSE A NO REFUND. AND EXCHANGE POLICY
FULL. REFUNDS OR'EXCHANGES ARE OFFERED
PROVIDING -PENALTIES AND FOR`CIVIL: ENFORCEMENT
MEASURES;, CONTAINING A REPEALER PROVISION ?AND :V.
A.SEVERABILITY CLAUSE; PROVIDING -FOR AN,OPERATIVE
DATE; AND PROVIDING FOR INCLUSIONIN THE'CITY CODE
ORDINANCE NO. `
AN .ORDINANCE AMENDING'SECTION 14.26(d) OF THE
CODE. OF THE. CITY. OF MIAMI; FLORIDA, AS AMENDED,
TO REMOVE THE.TWO:.CONSECUTIVE=FULLTERM
MAXIMUM SERVICE REQUIREMENT FOR PRIVATESECTOR
MEMBERS OF THE,DOWNTOWN DEVELOPMENT AUTHOR
ITY BOARD. _
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 22.2,' ENTITLED
"COLLECTION. SERVICES; CONTAINER USAGE,,,CON
DITIONS'AND. REQUIREMENTS FOR PLACEMENT
LOCATION", OF CHAPTER r22, ENTITLED "GARBAGE AND
TRASH", OF THE CODE OF THE CITY OF MIAMI;'FLORIDA;
AS AMENDED, TO PROVIDE THAT ALL PRIVATE -HAULERS
UNDER THIS:CHAPTER GIVE THE DEPARTMENT ,DIREO-
TOR PRIOR WRITTEN NOTICE OF THEIR INTENTION TO
DISCONTINUE SERVICING A COMMERCIAL ESTABLISH-
MENT. AND THAT PRIVATE HAULERS WILL ALSO MAIL ONE
NOTICE OF DISCONTINUANCE OF SUCH SERVICE TO:THE '
AFFECTED COMMERCIAL ESTABLISHMENT; FURTHER.'.::
AMENDING SUBSECTION 22.32(d) OF -SUCH CHAPTER;
ENTITLED "ENFORCEMENT AND ADMINISTRATIVE'FEES",
TO PROVIDE.THAT A COMMERCIAL ACCOUNT WITHOUT
WASTE COLLECTION SERVICE SHALL BE ASSESSED AN
ADMINISTRATIVE FEE OF $250.00 PER rDAY;CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE ' .
Nq 10521, ADOPTED NOVEMSER17, 1088, THE CAPITAL ,
IMPROVEMENT APPROPRIATIONS ORDINANCE,-SY
INCREASING THE APPROPRIATION FOR NORTH FLAGLER
SANITARY SEWERS, PROJECT NO. 351273,-1N. THE AMOUNT.
OF $165,000; CONTAINING A REPEALER PROVISION ANR",'
A SEVERABILITY CLAUSE.
1 OF 2
ORDINANCE NO.
AN ;ORDINANCE AMENDING CHAPTER 42 OF THE CODE
OF THE CITY.OF MIAMI, FLORIDA, AS AMENDED, ENTI•,,
TLED,"POLICE',•ESTABLISHING MAXIMUM TOWING AND
.STORAGE RATES THAT MAY BE CHARGED BY BUSINESS
ESTABLISHMENTS' ENGAGED IN'THE,PRACTICE.OF 1
RECOVERING, TOWING REMOVING AND STORING MOTOR
VEHICLES.WHICH;ARE PARKED, ON PRIVATE PROPERTY. .
IN THE CITY WITHOUT THE PERMISSION OF;THE OWNER ,
OF.;THE PRIVATE PROPERTY HAVING BEEN GRANTED FOR
SAID PAAKING6, PROVIDING,FOR';.THE METHODS ,OF:
PAYMENT `.THEREOF; ESTABLISHING THE TOWING
AUTHbRiZAT10N: PROCEDURES .AND SANCTIONS` FOR
FAILU.RE;TO COMPLY THEREWITH;:ESTAsUSHiNG THE
STEPS TO. •BE, FOLLOVVED IN,THE COURSE::OF.TOWiNG
VEHICLES;! ESTABLISHING LICENSE FEES MORE
PARTICULARLY,:AMENDING CITY.CODE SECTIONS,4274,
4' 78, 42.78 AND;42-79 AND ADDING SECTIONS 4240 AND
4281;,C0NTAININd;,A REPEALER PROVISION. AND A SEV
ERABILITY.CLAUSE;'PROVIDING FOR AN EFFECTIVE DATE;
ORDINANCE N0:
AN'ORDINANCE AMENDING CHAPTER 19, ENTITLED
FINANCE", OF THE CODE OFTHE CIIY.OF MIAMI,'FLOR
IDA AS AMENDED, BY REDEFINING THE�TERM "MINORITY
'.AND WOMEN -OWNED BUSINESS 'ENTERP.RISE".AND
"DEFINING THE ;TERM :"VENDOR":.:;IN"SECTION=18-88,
REQUIRING. IWSECTION 18.72THAT JHE, GOAL OF
AWARDING AT LEAST FIFTY-0NE PERCENT (5/ %).OF,THE
CITY'S;TOTAL ANNUAL DOLLAR VOLUME OF :ALL
PROCUREMENT; EXPENDITURES TO.MINORITYNVOMEN
SMALL;BUSINESSES.BE APPLIED TO`ALL:CITY OF MIAMI
BIDS AND CONTRACTS, WHENEVER'FEA8IBLE;"REVISING
SECTION =18.7376P..ROVIDE•THAT.ALL CITY OF`MIAMI
INVITATIONS, REQUESTS AND/OR ADVERTISEMENTS FOR,,
BIDS, PROPOSALS;:;QUOTES, LETTERS'.OF.:INTEREST
AND/ORQUALIFICATION STATEMENTSCONTAIN'>THE
APPROVED MINORITYIWOMEN-BUSINESS ENTERPRISE
(MIWBE),PARTICIPATION 'REQUIREMENTS PURSUANTTO
CITY'OF MIAMI ORDINANCE NO.10082 - MINORITYIWOMEN ;
BUSINESS` -AFFAIRS `AND ;PROCUREMENT PROGRAM, `•
P":'REQUIRING THAT ALL RESULTING" AWARD AND/OR CON•',
�- - TRACT' DOCUMENTS.CONTAIN THE`REQUIRED`:COMPLI _
ANCE • FORMS.RELATIVE-TH ERETO;`'REVISING:: SECTION
1873(5) TO: EXPAND UPON THE `AFFIRMATIVE. ACTION.
REQUIREMENTS FOR�ALL CITY BIDS.'AND: CONTRACTS;
ADDING'SECTION `18.78 AUTHORIZING ADMINISTRATIVE.
DEPARTMENTS TO ESTABLISH THE_ REQUIRED:iADMINIS• '
TRATIVE, PROCEDURES,tO'INSURE 'COMPLIANCE -WITH
THE 'CODE -FURTHER , PROVIDING FOR RESOLUTION'OF
DISPUTES REGARDING'WITHHELD.PAYMENTS OF=CON-. ,
TRACTORS AND SUBCONTRACTORS AND FUTHER ADDING
SECTION'
1877^DESIGNATING. THE DIRECTOR OF',THE
OFFICE OF`;MIWBE''AFFAIRS AS'-THE%CITY OFFICIAL '
RESPONSIBLE�FOWESTABLISHING AND `:IMPLEMENTING ,
'MIWBE`BID °"AND,'CONTRACT- N1.
REQUIREMENTS, COMPLIANCE.GUIDELI NES'AND
MONITORING AND REPORTING PROCEDURES;
CONTAINING `,REPEALER PROVISION AND A'SEVERABIL-
ITYCLAUSE: ;' "
Said proposed; ordinances maybe Inspected by public at the
Office '.of the City Clerk, 3500, Pan American Drive, Mlaml,♦ Florida;`
Monday through-, Friday, excluding holidays, ',between-the,hours of
8:00A.M and 5:00 P.M .;;;
All Interestedpersons may, appear at the: meeting and be
heard with' respect to'.. proposed ordinances. The hereinabove'
ordinances may be the subject of City Commission consideration
as emergency measures at its meeting presently scheduled for.Jan•'
nary 12,'"1989
Should any person desire to appeal any decision of the City Com
mission with respect to any matter to be considered at this meeting,
that person a shall,ensure'that verbatim record of the proceeding s"is.
made,. including'ail testimony and.evidence upon which any. appeal
j'maybe based,
(M5080) " '
Matty Hirai
City Clerk
City of Miami, Florida
12*0 88-4.123031 M,
2 OF 2