HomeMy WebLinkAboutLegislation FR/SR 05-13-10City of Miami
` S
Legislation
Ordinance
File Number: 10-00497
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO
REQUIREMENTS OF FOUR-FIFTHS (4/5THS) VOTES AMENDING CHAPTER
2/ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST", MORE
PARTICULARLY BY AMENDING SECTION 2-614, ENTITLED "WAIVER OF
REQUIREMENTS OF ARTICLE", ARTICLE XUSECTION 2-884, ENTITLED
"BOARDS, COMMITTEES, COMMISSIONS/MEMBERSHIP ON BOARDS:"
CHAPTER 18/ARTICLE III ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT
ORDINANCE, MORE PARTICULARLY BY AMENDING SECTIONS 18-85,18-89,
18-90 AND 18-92 AND CHAPTER 38/ARTICLE VI, ENTITLED "PARKS AND
RECREATION/VIRGINIA KEY BEACH PARK TRUST", MORE PARTICULARLY
AMENDING SECTION 38-233 TO CLARIFY THE DEFINITION OF THE
FOUR-FIFTHS (4/5THS) VOTE REQUIREMENT FOR ALL SECTIONS STATED
HEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 2/Article V, of the City Code, entitled "Administration/Conflicts of Interest", is
amended in the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
ARTICLE V. CONFLICTS OF INTEREST
Sec. 2-614. Waiver of Requirements of Article.
(a) The requirements of this article maybe waived for a particular transaction or transactions only by
an affirmative vote of four-fifths of the members of the city commission or an unanimous vote of the
quorum that exists because of either abstentions or vacancies resultina from resignation. death.
suspension, or physical incapacitation after public hearing. Such waiver may be effected only after
findings by four-fifths of the members of the city commission, or an unanimous vote of the quorum that
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exists because of either abstentions or vacancies resulting from resignation, death, suspension, or
Physical incapacitation as follows:
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-884. Membership on boards.
(b) Unless the city commission by four-fifths vote of its membership or an unanimous vote of the
quorum that exists because of either abstentions or vacancies resulting from resignation, death,
suspension, or physical incapacitation waives the requirement that board members either reside in the
city, own real property in the city or maintain a business in the city, any member of a city board who
ceases to be a resident of the city and/or ceases to work, own real property or maintain a business in
the city during the term of his or her office shall immediately advise the city clerk. The city clerk shall
inform the city commission whenever a board member has ceased to be in compliance with said
eligibility requirements for board membership and said board member shall be automatically removed
from the board. The city clerk shall then inform the city commission in writing that the position has
been declared vacant. Upon being advised by the city clerk of such circumstances, the city
commission shall promptly fill the vacant position.
Section 2. Chapter 18/Article III, of the City Code, entitled "Finance/City of Miami Procurement
Ordinance", is amended in the following particulars:{1}
Sec. 18-85 Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts for
goods, equipment and services over $25,000.00, except as otherwise provided for in this article, where
it is both practicable and advantageous for the city to specify all detailed plans, specifications,
standards, terms and conditions so that adequate competition will result and award may be made to
the lowest responsive and responsible bidder principally on the basis of price; provided, however, that
if the amount of a bid submitted by a bidder who maintains a local office is not more than ten percent
in excess of the lowest other responsive and responsible bidder, such local bidder may be offered the
opportunity of accepting the contract at the low bid amount. Notwithstanding the foregoing, the city
manager may waive competitive sealed bidding methods by making a written finding which shall
contain reasons supporting the conclusion that competitive sealed bidding is not practicable or is not
advantageous to the city, which finding must be ratified and the award approved by an affirmative vote
of four-fifths of the city commission or an unanimous vote of the quorum that exists because of either
abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation after
a properly advertised public hearing. When competitive sealed bidding methods are waived, other
procurement methods shall be followed except for the cone of silence provisions, which shall not be
applicable. This section shall not apply to transfers to the United States or any department or agency
thereof, to the state or to any political subdivision or agency thereof.
Sec. 18-90 Emergency procurements.
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(2) In seeking the waiver of competitive sealed bidding methods for emergency procurements
exceeding $25,000.00, the head of the using department or office shall submit to the chief
procurement officer and the city manager in writing a full explanation of the circumstances of the
emergency and the reasons for selection of a particular firm, along with a list of others which may have
been solicited, and certification of fund availability from the director of the department of management
and budget. The city manager may then waive competitive sealed bidding requirements after making a
written finding, supported by reasons, that an emergency exists. Such finding must be ratified by an
affirmative four-fifths vote of the city commission or an unanimous vote of the quorum that exists
because of either abstentions or vacancies resulting from resignation, death, suspension, or physical
incapacitation at the next available city commission meeting.
(3) Notwithstanding anything to the contrary contained in this Code, the city manager may direct the
chief procurement officer to purchase directly those goods and/or services required by the Urban
Search and Rescue Task Force when activated to perform its obligations under the existing provisions
of the memorandum of understanding with the state and/or the Federal Emergency Management
Agency, (FEMA). Such emergency procurements shall nevertheless be made with such competition as
may be practicable under the circumstances. If necessary, the city manager may waive competitive
sealed bidding methods for such emergency procurements, after making a written finding, supported
by documentation that the Urban Search and Rescue Task Force has been officially activated. Such
finding and waiver must be ratified by an affirmative four-fifths vote of the city commission or an
unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from
resignation, death, suspension, or physical incapacitation at the next regularly available city
commission meeting for contracts exceeding $25,000.00.
Sec. 18-92 Sole -source contracts.
(b) Determination, approval, and award. The determination that an award shall be made on a.
sole -source basis shall be made by the chief procurement officer. Such determination shall be made in
writing and provide complete justification as to why no other sources of goods or services could be
obtained to meet the city's requirements. The determination shall also certify that the terms and
conditions of the award have been negotiated so as to obtain the most favorable terms and conditions,
including price, as may be offered to other customers or clients by the proposed contractual party. For
all contracts in excess of $25,000.00, such determination shall be submitted to the city manager who
may waive competitive sealed bidding after he or she makes a written finding, supported by reasons,
that only one reasonable source of supply exists. Such finding must be ratified and the award
approved by an affirmative four-fifths vote of the city commission or an unanimous vote of the quorum
that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or
physical incapacitation after a properly advertised public hearing.
Section 3. Chapter 38/Article VI, of the City Code, entitled "Parks and RecreationNirginia Key
Beach Park Trust/Governing body: composition and appointments; terms of office and vacancies;
membership eligibility requirements; oath; quorum and voting; meetings; attendance requirements;
indemnification", is amended in the following particulars:{1}
Sec. 38-233 Governing body: composition and appointments; terms of office and
vacancies; membership eligibility requirements; oath; quorum and voting; meetings;
attendance requirements; indemnification.
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(c) Membership eligibility requirements.
(2) Unless the city commission by four-fifths vote of its membership or an unanimous vote of the
quorum that exists because of either abstentions or vacancies resulting from resignation, death,
suspension, or physical incapacitation waives the requirement that trust members either reside in the
city, own real property in the city or maintain a business in the city, any member of the trust who
ceases to be a resident of the city and/or ceases to work, own real property or maintain a business in
the city during the term of his or her office shall immediately advise the city clerk. The city clerk shall
inform the city commission and the trust whenever a trust member has ceased to be in compliance
with said membership eligibility requirements and the trust member shall be automatically removed
from the trust. The city clerk shall then inform the city commission in writing that the position has been
declared vacant. Upon being advised by the city clerk of such circumstances, an appointment to fill the
vacancy shall be made in accordance with subparagraph (b) hereinabove.
Section 4. If any section, part of a 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 shall become effective thirty (30) days after final reading and
adoption thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS ,
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} 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.
{2} 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.
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