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Home My WebLink AboutO-13170Vop City of Miami F .. , 'Ir* Legislation i 0 R �O Ordinance: 13170 File Number: 10-00497 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/13/2010 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 XI/SECTION 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 may be 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 auorum that exists because of either abstentions or vacancies resultina from resianation. 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 City of Miand Page I of 4 File Id. 10-00497 (Version: 1) Printed On: 7/27/2017 File Number: 10-00497 Enactment Number: 13170 that 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. * * *If 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. * * * City of Miand Page 2 of 4 File Id. 10-00497 (Version: 1) Printed On: 7/27/2017 File Number: 10-00497 Enactment Number: 13170 Sec. 18-90 Emergency procurements. (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 resultina from resianation. 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 auorum that exists because of either abstentions or vacancies resultina from resianation. death, suspension, or physical incapacitation after a properly advertised public hearing. Section 3. Chapter 38/Article VI, of the City Code, entitled "Parks and Recreation/Virginia 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; City of Miand Page 3 of 4 File Id. 10-00497 (Version: 1) Printed On: 7/27/2017 File Number: 10-00497 Enactment Number: 13170 attendance requirements; indemnification. (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) 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. City of Miami Page 4 of 4 File Id. 10-00497 (Version: 1) Printed On: 7/27/2017