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Home My WebLink AboutR-87-0679J-87-661 7/9/87 RESOLUTION NO. S'I -` I A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER AMENDMENT NO. 3, TO AUTHORIZE PREFERENCE TO BE AFFORDED VENDORS AND/OR CONTRACTORS WHOSE PRIMARY OFFICE IS SITUATED IN THE CITY IN THE AWARD OF CITY PROCUREMENT CONTRACTS; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER. 1987 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 3 TO THE ELECTORATE AT SAID ELECTION; FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. WHEREAS, on June 25, 1987, the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment by its adoption of Resolution No. 87-598; and WHEREAS, the City Attorney's draft of the proposed charter amendment is set forth in its final forml in this resolution, said draft being submitted to the electors of the City this date by means of the herein resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at a special municipal election on November 3, 1987 as called for and provided herein, and shall become effective upon its approval by the electors; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are hereby adopted by reference thereto and inoorporated herein as if fully set forth in this Section. CITY COl1 ;--ISSION R£SOLUMN KE HARKS: r . Section 2a. Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, the Charter of the City of Miami, Florida, as amended, is hereby amended by adding language to Subsections (a) and (b) of Section 53 of said Charter as follows: I/ "See. 53. Finance and Taxation --Contracts for public works or improvements, real property, and personal property. ?./ (a) Personal property. Any personal property, including but not limited to supplies, equipment, materials and printed matter, may be obtained by contract or through city labor and materials, as provided by ordinance. All contracts for more than four thousand five hundred dollars ($4,500.00) shall be awarded to the lowest responsible bidder, after public notice and using such competitive sealed bidding methods as may be prescribed by ordinance, provided, however. that if the amount of a bid or _-proposal it excess of the lowest other responsible bidder or proposes such local vendor may be awarded the contract. but the City Manager or his designee shall have the power to reject all bids and proposals. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting his conclusion that competitive sealed bidding is not practicable or not advantageous to the city, which finding must be ratified by an affirmative vote of two- thirds of the commission after a properly advertised public hearing. When competitive sealed bidding methods are waived other procurement methods as may be prescribed by ordinance shall be followed. All invitations for bids, requests for proposals or other solicitations shall contain a reservation of the foregoing right to reject all offers. Contracts for personal property shall be signed by the city manager or his designee after approval thereof by the commission. This section shall not apply to transfers to the United States, or any department or agency thereof, to the State of Florida or any political subdivision or agency thereof. (b) Public works or improvements. Any public work or improvement may be executed either by contract or by the city labor force as may be determined by the commission. There shall be a separate accounting as to each work or improvement so executed. Before authorizing the execution by the city labor force of any work or improvement or phase thereof, the city manager shall submit to the commission a description of 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. This Section designation (53) may be changed during codification. -2- 8i'—G'e J r r the anticipated scope of work and related cost estimates. All contracts for more than ten thousand dollars ($10,000.00), which shall include contracts under which improvements valued in excess of ten thousand dollars ($10,000.00) are to be constructed for the City or on lands leased from the City, shall be awarded to the lowest responsible bidder after public notice and using such competitive sealed bidding methods as may be prescribed by ordinance, provided, awarded the contract. but the City Manager or his designee shall have the power to reject all bids and proposals. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding that a valid emergency exists or that there is only one (1) reasonable source of supply, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing. When competitive sealed bidding methods are waived, other procurement methods as may be prescribed by ordinance shall be followed. All invitations for bids, requests for proposals or other solicitations shall contain a reservation of the foregoing right to reject all offers. Contracts for public works or improvements shall be signed by the city manager or his designee after approval thereof by the commission. t * f b. The charter amendment proposed in this Section shall be known as Charter Amendment No. 3. Section 3. A special municipal election is hereby called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 3, 1987, for the purpose of submitting the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 3. Section 4. Said special municipal election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit No. 2. or as may be designated by the Supervisor of Elections of Metropolitan Dade County, Florida, in conformity with the provisions of the general laws of the State. The Precinct Election Clerks and Inspectors to serve at said polling -3- places on said election date shall be those designated by the Supervisor of Elections of Dade County for such purpose in accordance with the general laws of the state. A description of the registration books and records which pertain to election precincts wholly or partly within the City and which the City is hereby adopting and desires to use for holding such special municipal election is as follows: all registration cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Dade County, Florida, in conformity with the provisions of the general laws of the State of Florida, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City of Miami. Section 5. In compliance with Section 100.342, Florida Statutes, the City Clerk is hereby authorized and directed to publish notice of the adoption of the herein resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid special municipal election is to be held, in the following newspapers of general circulation published in the City of Miami, Florida, at least twice, one in the fifth week and once in the third week, which notice shall be substantially in the following form: r r "NOTICE OF SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEM999 3, 1987 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 87-679 A special referendum election will be held on Tuesday, November 3, 1987, from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Dade County, Florida, as set forth herein, unless otherwise provided by law, for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall Charter Amendment No. 3 be adopted to require approval of a majority of votes cast by the electorate at a referendum to authorize preference to be afforded vendors and/or contractors whose primary office is situated in the City of Miami in the award of city procurement contracts where such local vendors' bids are no greater than 10% of the lowest bid?" Charter Amendment No. 3 authorizes preference to be afforded vendors and/or contractors whose primary office is situated in the City of Miami in the award of city procurement contracts where such local vendor's bids are no greater than 10% of the lowest bid. By order of the Commission of the City of Miami, Florida. CITY CLERK (Insert list of City of Miami Polling Places.)" Section 6. The official ballot to be used at said election shall be in full compliance with the laws of the State of Florida with respect to absentee ballots and to the use of the mechanical voting machines or the Computer Election System (CBS), and shall be in substantially the following form, to wit: 87 --6'; ;'3 r r OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, NOVEMBER 3, 1987 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: CHARTER AMENDMENT AUTHORIZING PREFERENCE TO LOCAL VENDORS/CONTRACTORS IN CITY PROCUREMENT CONTRACTS. "Shall Charter Amendment No. 3 be adopted to require approval of a majority of votes cast by the electorate at a referendum to YES authorize preference to be afforded vendors and/or contractors whose primary office is situated in NO the City of Miami in the award of city procurement contracts where such local vendors' bids are no greater than 10% of the lowest bid?" Section 7. Electors desiring to vote for the amendment, in approval of said Question described above, shall be instructed to punch straight down with the stylus through the hole next to the word "YES" within the ballot frame containing the statement relating to said Question. Electors desiring to vote against the amendment, in disapproval of said Question, shall be instructed to punch straight down with the stylus through the hole next to the word "NO" within the ballot frame containing the statement relating to said Question. Section 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absent electors entitled to cast such ballots in said election. Section 9. All qualified electors of said City shall be permitted to vote in said special municipal election and the Supervisor of Elections of Dade County is hereby requested, authorized, and directed to furnish, at the cost and expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of 8leotions and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said municipal election to be held on November 3, 1987, and who have not registered under the provisions of the general laws of Florida and Chapter 16 of the code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Metropolitan Dade County Election Department located at 111 Northwest 1 Street, Miami, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described election during such times and on such dates as may be designated by the Supervisor of Elections of Dade County. Section 11. NATTY HIRAI, the City Clerk of the City of Miami, Florida, or her duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the- City of Miami, Florida, in all transactions with the Supervisor of Elections of Dade County in relation to matters pertaining to the use of the registration books and the holding of said special municipal election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Metropolitan Dade County not less than forty-five days prior to the date of the herein special municipal election. ! -7- PASSED AND ADOPTED this 9th day of XAVIER L. ATTES . MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLERK CHIEF DEPUTY CITY ATTORNEY l \ APPROMY AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY CITY ATTORNEY RFC/bss/M480 .% , 1987. Z, MAYOR LIST OF POLLING PLACES CITY OF MIAMI; PCT. LOCATION AbbRESS 474 CHURCH OF 000 OF PROPHECY 01 4528 NW 1 AV 47$ ARCHBISHOP CURLEY HIGH SCHOOL 300 NE 50 ST 476 LEMON CITY BRANCH LIBRARY 430 NE 61 ST 477 MORNINGSIDE PARK 750 NE 55 TA 601 HENRY M. FLAGLER ELEMENTARY 5221 NW 1 ST 604 GREATER MIAMI ACADEMY 3100 NW 18 AV 605 CORPUS CHRISTI CATHOLIC SCH 795 NW 32 ST BOB EUGENIO MARIA DE HOSTOS CTR 2902 NW 2 AV 807 DUNBAR ELEMENTARY SCH 505 NW 20 ST SOS YWCA 210 NE 18 ST 619 TRINITY CATHEDRAL HALL 464 NE 16 ST 620 YWCA 210 NE 18 ST 621 PHYLLIS WHEATLEY ELEMENTARY 1801 NW 1 PL 622 CULMER NEIGH SERVICE CTR 1600 NW 3 AV 623 ST JOHN INSTITUTIONAL MISS BAPT CH 1328 NW 3 AV 625 CULMER PLACE 610 NW 10 ST 626 MIAMI-DADE COMM COLLEGE 950 NW 20 ST 627 ROBERT A. BALLARD ARMORY 700 NW 28 ST 628 COMSTOCK ELEMENTARY SCHOOL 2420 NW 18 AV 629 CURTIS PARK COMMUNITY HOUSE 1901 NW 24 AV 630 MIAMI FIRE FIGHTER BENEVOLENT ASSOC 2980 NW S RIVER DR 631 STEPHEN P CLARK BLDG 1650 NW 37 AV 632 KINLOCH PARK COMMUNITY HOUSE 455 NW 47 AV 633 KINLOCH PARK JR HIGH SCH 4340 NW 3 ST 634 INTERAMERICAN MILITARY ACADEMY 3525 NW 7 ST 1 • CIST OF POLLING PLACES CITY OF MIAMI PCT. LOCATION ADDRESS !�iliti!!!i!i!i!!lii��!#!i!/!itiiltliti!!ii!!!i!illitRili!!!!illfkili#lt=tii 314 ROBERT KING HIGH COMMUNITY HOUSE 7025 W FLAGLER ST 316 MIAMI FIRE STATION 411 6920 W FLAGLER ST 316 WEST END PARK COMMUNITY HOUSE 250 SW 60 AV 317 FLAGAMI COMMUNITY HOUSE 7121 SW 3 ST 409 GRACE UTD METHODIST CHURCH 6501 N MIAMI AV 433 SOAR MEMORIAL PARK 100 NW 83 ST 434 NEW CANAAN BAPTIST CHURCH 7610 BISCAYNE BD 442 HARVEY W SEEDS AMERICAN LEGION 6445 NE 7 AV 443 HARVEY W SEEDS AMERICAN LEGION 6445 NE 7 AV 444 GRACE UNITED METHODIST CH 6501 N MIAMI AV 445 LITTLE RIVER BAPTIST CH 495 NW 77 ST 447 THENA CROWDER ELEMENTARY 757 NW 66 ST 448 BELAFONTE TACOLCY CTR 6161 NW 9 AV 449 CHARLES R DREW ELEMENTARY 1775 NW 60 ST 450 LIBERTY SQUARE COMMUNITY CTR 6306 NW 14 AV 451 NEW MT MORIAH HOLY CROSS MISS BAPT 6700 NW 14 AV 454 CHARLES R. DREW MIDDLE SCHOOL 1801 NW 60 ST 467 468 469 470 471 472 473 HIGH 1751 NW 36 ST MOORE PARK 765 N.W. 36 ST CHARLES HADLEY PARK 1300 NW 50 ST ST PAUL INSTITUTIONAL AME CHURCH 1892 NW 51 ST ORCHARD VILLA ELEMENTARY SCH 6720 NW 13 AV ATHALIE RANGE PARK 625 NW 62 ST SHADOWLAWN ELEMENTARY 149 NW 49 ST 877673. LIST OF POLLING PLACES IV CITY OF MIAMI AFN PCT. LOCATION ADDRESS •ii!!iilitiiiiiiii!liiii#itiiii!!•i!!!ii!#!#i!!i!ilii##!!!!!!!!!########## 836 ST MICHAEL'S CHURCH 2981 W FLAGLER ST 836 MIAMI FIRE STATION M7 314 BEACOM BD 837 HUD - CONFERENCE RM 1407 NW 7 ST 638 METROPOLITAN SENIOR CTR 1407 NW 7 ST 639 THE SALVATION ARMY 901 WEST FLAGLER ST 640 JACK ORR SENIOR CENTER 550 NW 5 ST 656 DADE COUNTY COURTHOUSE 73 W FLAGLER ST 657 MANUEL ARTIME COMMUNITY CTR 900 SW 1 ST 658 RIVERSIDE ELEMENTARY SCH 221 SW 12 AV 659 LITTLE HAVANA o1 HOUSING PROJECT 1759 SW 5 ST 660 JOSE MARTI PLAZA HOUSING PROJECT 154 SW 17 AV 661 KOUBEK 27TH AVENUE CTR 2705 SW 3 ST 663 WESLEY UNITED METHODIST CH 133 PONCE DE LEON BD 664 IGLESIA CRISTIANA REF EL BUEN SAM 4585 W FLAGLER ST 804 CORAL GATE PARK COMMUNITY BLDG 1415 SW 32 AV 805 WILLIAM MCALLISTER POST •1608 2750 SW 16 ST BOB WILLIAM MCALLISTER POST •1608 2750 SW 16 ST 807 SHENANDOAH PARK COMMUNITY HOUSE 1800 SW 21 AV BOB SHENANDOAH JR HIGH SCH 1950 SW 19 ST 809 SHENANDOAH ELEMENTARY 1023 SW 21 AV 810 CORAL WAY PRESBYTERIAN CH 2O91 SW 14 AV 811 STS PETER & PAUL CATH SCH 1435 SW 12 AV 812 MIAMI FIRE STATION •4 1105 SW 2 AV 813 SIMPSON PARK -RECREATION BLDG 55 SW 17 RD 814 UTD TOWERS 1809 BRICKELL AV FIST OF POLLING PLACES i CITY OF MIAMI PCT. LOCATION ADDRESS 818 MUSEUM OF NATURAL HISTORY 3280 S MIAMI AV 819 CORAL WAY ELEMENTARY 1950 SW 13 AV 820 SILVER BLUFF ELEMENTARY SCH 2609 SW 25 AV 821 DOUGLAS PARK COMMUNITY HOUSE 2765 SW 37 AV 829 BOYS CLUB OF MIAMI 2805 SW 32 AV 830 ELIZABETH VIRRICK BOXING GYM 2600 S BAYSHORE DR 832 MIAMI FIRE STATION •8 2975 OAK AV 833 ELIZABETH VIRRICK PARK 3230 HIBISCUS ST 834 GRAND AVENUE PARK 236 GRAND AV 840 MIAMI DADE WATER & SEWER AUTHORITY 3575 S LEJEUNE RD 841 PEACOCK PARK 2820 MCFARLANE RD 87�se� TO. 6 CITY OF MIAM1, FLORIDA 8 INTER -OFFICE MEMORANDUM Cesar,H. Odic, City Manager Att: Aurelio Perez-Lugones FROM: ., ! Lucia A. Dougherty f-City Attorney DATE: July 1, 1987 F„E, J-87-667 SUBJECT: Charter Amendment No. 3 REFERENCES: Local Vendor Preference ENCLOSURES: C 1 The enclosed resolution is being forwarded for your placement on the July 9th Commission Meeting Agenda, pursuant to directions of the City Commission on June 25, 1987. LAD/RFC/bss/PAIO cc: Matty Hirai, City Clerk Ron E. Williams, Director General Services Administration Carlos E. Garcia, Director of Finance Donald Cather, Director Department of Public Works