HomeMy WebLinkAboutSubmittal-City Manager-PowerPoint Presentation PacketSubmitted into the public
record or tem(s) t X • t.
on y 11� 2.`f City Clerk
Review of Office Furniture
Vendor Purchases
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TIMELINE
February 2020:
- Start position as City Manager
- At this point, Pradere Manufacturing had been a vendor to the City for over 10 years.
April 2020:
- City Manager formally requests the Procurement Department and the Legal
Department provide an opinion on disclosure requirements regarding spouse's vendor
relationships with the City.
June 2020:
- The disclosure was submitted, reviewed and approved by the City Attorney's Office,
and subsequently transmitted to the Mayor and City Commissioners on June 8, 2020.
CITY OF MIMN, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
FROM:Arthur Noriega, V.
City Manager
DATE: June B, 2020
SUBJECT: Disclosure of Relationship
with Oty Vendor and basal
In an effort at ful and open transparency, I am disclosing that my wife, Michelle Pradere-Noriega
Is the Chief Operating Officer (COD) of Pradere ONke Products, a company that currently
conducts business with the City of Miami and has been a vendor for the City since 2008. Please
be advised that 1 shall nose myself from any and all involvement, decision making and / or
approvals between the City and the company.
Please feel free to contact my office If you have any questions regarding this matter.
C. Sandra Bridgman, CFO, Assistant Oty Manager
Fernando Casamayor, COO, A:detaM Oty Manager
N:erfbe Ihekwaba, Ph.D., PE, COI, Assistant City Manager
Victoria Minder City Attorney
Annie Pere:, CPPO, Chief Procurement Officer, Director of Proairement
Submitted into the public
record or item(s) 1.-
on y �� Z.� . City Clerk
Submitted into the public
record or i em(s)
on A111124 . City Clerk
A City Resolution (R-06-0245) passed on 4/27/2006 permitting City Departments to
procure furniture through the State of Florida furniture contract. Most importantly, a
furniture vendor must adhere to the stipulations and fixed discounted pricing mandated
in the State of Florida contract.
Alternate Contract Source (ACS)
No. 56120000-19-ACS
For
Furniture
5. Purchases off this Contract.
Upon execution of this Contract, Customers, as defined in Section 1.1 of Exhibit A: Special
Contract Conditions, may purchase products and services under this Contract using this
State of Florida ACS number 56120000-19-ACS. Customers acknowledge and agree to
be bound by the terms and conditions of the Master Agreement except as otherwise
specified in this Contract and its Exhibits. Customers may order from Contractor's
authorized resellers, as approved by the State of Florida. The Parties agree State of
Florida Customers are, pursuant to Solicitation Section 5.21 of Exhibit C: Master
Agreement, permitted to participate in and purchase commodities from the Master
Agreement.
City of Miami
LogAviation
Resolution: R-06-024.5
COO.
RXI1rA-1em
PM.
ostresoreorvm
Fr Nw•l1r. aleiN MaAAm P—MIaN
A RESOLUTION DF THE MANY CITY COMM6SION APPROVING THE CONTRACT
FOR OFFICE FURNITURE B FILES FROM VARIOUS VENDORS, AWARDED
UNDER EXISTING STATE OF FLORIDA CONTRACT NO 425001d11-1.
EFFECTIVE UNTIL MARCH 1. 2010. SUBJECT TO ANY EXTENSIONS CR
REPLACEMENT CONTRACTS BY THE STATE OF FLORDA. FOR VARIOUS CITY
CF ARAMI DEPARTMENTS AND AGENCIES: ALLOCATING AVAILABLE OR
UNENCUMBERED FUNDS FROM THE GENERAL OPERATING BUDGETS AND
GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES:
AUTHORIZING 5ND PURCHASES, ON AN AS -NEEDED BASIS. SUBJECT TO THE
AVAIL/OUT( OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED.
BE IT RESOLVED BY TIE 00101681011 OF TIE CITY OF 1.IM4, FLORIN
Sodom 0 Dmtb..4balga N.w0.. low Vrtul Mitlw0.r-b4 weir seeing Stab of
Flores Cr.tl Ib. 426001-061. MORN MN Nome 1, 0010, memo to ITT .rrom or
wPlsrr.+ome.! by I. Br or Rotes. Is some ON or MINN 0•0•wlrb .rei NW... m
.PBIP1.0. 0I Sublet brRlrb sw 11 0YM Nr IbubE ',UMW*01I-4•Prang dlelll
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01 II. Mem glom 11r 4yn me Remises, Mel Nome Mm0u. r X.4001 rn Carus*
s byM IM Cs RoX4sn. on.XY.1oa Nwon aohniele OM MO
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Submitted into the public
record for item(s) • 1-
On rill L City Clerk
Purchasing Analysis
Submitted into the public
recor for 'tem(s) Q-�•
on City Clerk
From January 2010 through
December 2019, the City had
furniture vendor purchases of
$3,455,854.36*
*Amount does not include furniture purchased from Amazon and Office Depot
Submitted into the public
record for items) MC. �—
on � �) . City Clerk
2010-2019
Total Purchases from Pradere
Manufacturing
2010-2019
$767,338.91
This amounted to 22.2% of the
purchases for this period
Total Purchases from
Krueger (Top Vendor)
2010-2019
$1,892,018.40
This amounted to 54.7% of the
purchases for this period
Submitted into the public
record for item(s) p�
on NW I Zy City Clerk
From January 2020 through
December 2023, total furniture
vendor purchases were
$2,204,880.81*
*Amount does not include furniture purchased from Amazon and Office Depot
Submitted into the public
record for items) C.r.1
on�,J City Clerk
2020-202.3
Total Purchases from Pradere
Manufacturing
2020-2023
$354,287.89
This amounted to 16.1% of the
purchases for this period
Total Purchases from
Compass (Top Vendor)
2020-2023
$1,467,3n.46
This amounted to 66.5% of the
purchases for this period
Submitted into the pubic
recorci for item(s) _101t
on y 1 WIN "W ' City Clerk
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on �I _ .. City Clerk
Submitted into the public
• record for 'tem(s) tiCt. . d-
on City Clerk
In order to enhance the review process for future purchases,
a new policy has been established aimed at identifying and avoiding potential conflicts.
POLICY NUMBER:
APM 2-2821
DAN
as ll add
mlreh BY
.4dr N.-ter Y.
CITY OF MIAMI
ADMINISTRATIVE
POLICY
atlRum
.n nano oata:o.
shun IlL>Z
Om* Moo sort
!lord Ter .w
s.RJEer DISC'LOSI RE OF APPARENT CONFLICT WITH A PERSON
SEEKING TO TRANSACT OR CURRENTLY TRANSACTING
BLSINESS WITH THE CITY OR ANY OF ITS AGENCIES
PL RP06E:
To establish policy for the disclesus of warm conflict with s person seek m o®ct a ema.dy
tonemins busam with Sio City or ay of its tads This policy I. poniard le City Cosh Salon 2-
612..ohacoon (a)...ln du. No palm shrdxd in Section 2611 dial seer into ay corium or
ammo &y human with the City or may pear or wry Tait lea at City. a shah spec in
tapreamutim day dad prey before any baud eaamuionQ awry of Mich =eh paean in & samba.
No eaployae shale appear in ay capacity on behalf of my did party betas any board consular or
se•cY of the Ciry. My such memo re aprammoa Irtlmd Imo a appe m nano in violates of this
xenon than render the t umaion roadie" Furthermore, City Cook Section 2612. subsection Ibh noes
dr. "The mod 'perm' appemkb • eobmction la) of this maim shall include officers. afbdali mod
amployemo m as forth in Salim 2-611 hoof mod the followlt Harshly sambas dBlob 'paralt:' spoon
m daseact, pares. halm or sinew" Seniol 2611 mod 2612 of der Clay's Code are toadied hasp
fa rafasnoe
Tbis policy to do pumas o Mims -Dade Canty Code Section 2-11.1 xehmatim (e), sus dal, 1lo
pawn included is the terms defend m .bscvon (hit) dnoth 16) ad in .lib taioo (bg9) shah emu
into may comfact a vmosa any amen, except as provided m subsection lef(2) through (cx6) is which
he or she a a amber of his or her iana.ue family its a Marna irmotea. d'Dea or indirect. with (sit
Pry) or Try paaoa or opera) oaf lea (de City). mod any each coni t. teems or beans'
apeman woad la violation of this s6make .hall reader b aeemtim Miele" Section 2.11.1 of
t1at Comry Code. aoachol halo for teMeaoe.
7OWCY STATEMENT(
his de policy of de City in the acrid my such spares conflict with& perm wait to mossy or.eneray
tamsmna anions with d. City or ney d is wawa. aid City °Meer, official or employee In m fad
in Santa 2611 tithe Cie) Code a.dror Salim 2-11.1(e) ofthe Camay Caledial di clommeh appmml
conflict o the Chy Cogrd.dmo ■ the .m mailable Chy Cossimim 1.164 111 s di ore hen
• Link to the rest of the entire
Document APM 2-2024
Submitted into the
record fps items)
on
ublic
City Clerk
Corrected Article
HOmEPAGE
Miami city manager details spending with
wife's furniture company
BY ANA CLAUDIA CHACIN
UPDATED MARCH 19, 2024 L 12 PM
Correction: A previous version DIAL story said that an order from Comtnisdoner
Christine latest office contained a s4tple di* that cost $7,SI8 The data provided by
NorLja described the purchase as a 'GU DRIFT, Side Choir, rutty Upholstered w/ 4
Lewd Wood Fixed Bast, GLOBAL SEA77NG USA,' with the word chair• in sUptiar
Jinn. Altar the Haruki published the stays the dry provided a purchase order far the
proftct that noted the 87428 purchase was for 12 chairs, which were sold at S62738 a
itea story was orkpksr prinked I, IL 2024. L37 rr
AMA CIAYOM cwtca
y ■ J rasrwnw
Ma Claudia • daub npaw nor er Mans Herald and Hbno Hoal4 She nrs Dan In %monk& grew up In
tier ma was Hvewa ik a kirk ash The Wa i gion teat nrrtikek Unit 0,041, ar 4Heerssaan vrrrns
werhaheptAeunrannatangH wenn she kraked tar uatat tkirreAne Clankfaunaes w parrdhra
de aura ores Hors rue arks an war y pmrueete tw Monk GM equips earwyrne en et Washington
sea
Submitted into the public
record or i em(s) .
on _ City Clerk
In Conclusion
As City Manager, I recognize the opportunity for improved transparency
and clear boundaries regarding any business conducted within the
Office of the City Manager.. In as such, I will preclude any future
dealings with Pradere Manufacturing by my office for the remainder of
my tenure as City Manager..
There has been no personal financial gain resulting from the vendor
relationship between Pradere Manufacturing and the City of Miami.
Today,, my wife has and continues to be a salaried employee of the
company.
Submitted into the public
record or ' em(s) [ .4
on t( j ( "L . City Clerk
City of Miami City Hall
3500 Pan American
Drive
Legislation Miami, FL 33133
www.miamigov.com
Resolution: R-06-0245
File Number: 06-00593 Final Action Date: 4/27/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CONTRACT
FOR OFFICE FURNITURE & FILES FROM VARIOUS VENDORS, AWARDED
UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 425-001-06-1,
EFFECTIVE UNTIL MARCH 1, 2010, SUBJECT TO ANY EXTENSIONS OR
REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR VARIOUS CITY
OF MIAMI DEPARTMENTS AND AGENCIES; ALLOCATING AVAILABLE OR
UNENCUMBERED FUNDS FROM THE GENERAL OPERATING BUDGETS AND
GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES;
AUTHORIZING SAID PURCHASES, ON AN AS -NEEDED BASIS, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The contract for office furniture from Various Vendors, awarded under existing State of
Florida Contract No. 425-001-06-1, effective until March 1, 2010, subject to any extensions or
replacement contracts by the State of Florida, for various City of Miami Departments and agencies, is
approved, subject to available or unencumbered funds allocated from the general operating budgets
and grants of the various user departments and agencies.
Section 2. Said purchases, are authorized, on an as -needed basis, subject to the availability of
funds and budgetary approval at the time of need.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.(1 )
Footnotes:
(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.
City of Miami Page I of 1 File Id: 06-00593 (Version: 11 Printed On: 1/23/2017
Alternate Contract Source (ACS)
No. 56120000-19-ACS
For
Furniture
5. Purchases off this Contract.
Upon execution of this Contract, Customers, as defined in Section 1.1 of Exhibit A: Special
Contract Conditions, may purchase products and services under this Contract using this
State of Florida ACS number 56120000-19-ACS. Customers acknowledge and agree to
be bound by the terms and conditions of the Master Agreement except as otherwise
specified in this Contract and its Exhibits. Customers may order from Contractor's
authorized resellers, as approved by the State of Florida. The Parties agree State of
Florida Customers are, pursuant to Solicitation Section 5.21 of Exhibit C: Master
Agreement, permitted to participate in and purchase commodities from the Master
Agreement.
Submitted into the public
record or i m(s) NT_
on I t '2 City Clerk
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
FROM: Arthur Noriega, V.
Oty Manager
DATE: June 8, 2020
SUBJECT: Disclosure of Relationship
with City Vendor and Recusal
In an effort at full and open transparency, I am disclosing that my wife, Michelle Pradere-Noriega
is the Chief Operating Officer (COO) of Pradere Office Products, a company that currently
conducts business with the City of Miami and has been a vendor for the Oty since 2008. Please
be advised that I shaU recuse myself from any and all involvement, decision making and / or
approvals between the City and the company.
Please feel free to contact my office If you have any questions regarding this matter.
C. Sandra Bridgeman, CFO, Assistant City Manager
Fernando Casamayor, COO, Assistant City Manager
Nzeribe Ihekwaba, Ph.D., PE, COI, Assistant City Manager
Victoria Mendez, City Attorney
Annie Perez, CPPO, Chief Procurement Officer, Director of Procurement
POLICY NUMBER:
APM 2-2024
DATE:
April 1,2024
ISSUED BY:
Arthur Noriega V.
Ci ana• er
ATURE
CITY OF MIAMI
ADMINISTRATIVE
POLICY
REVISIONS
REVISED DATE OF
SECTION REVISION
Created March 5, 2024
Revised April 1, 2024
Submitted into the public
record or i m(s) �' . 1
on i2 , City Clerk
SUBJECT: DISCLOSURE OF APPARENT CONFLICT WITH A PERSON
SEEKING TO TRANSACT OR CURRENTLY TRANSACTING
BUSINESS WITH THE CITY OR ANY OF ITS AGENCIES
PURPOSE:
To establish policy for the disclosure of apparent conflict with a person seeking to transact or currently
transacting business with the City or any of its agencies. This policy is pursuant to City Code Section 2-
612, subsection (a), states that, No person included in Section 2-611 shall enter into any contract or
transact any business with the City or any person or agency acting for the City, or shall appear in
representation of any third party before any board, commission or agency of which such person is a member.
No employee shall appear in any capacity on behalf of any third party before any board, commission or
agency of the City. Any such contract or agreement entered into or appearance made in violation of this
section shall render the transaction voidable." Furthermore, City Code Section 2-612, subsection (b), states
that, "The word 'person" appearing in subsection (a) of this section shall include officers, officials and
employees as set forth in Section 2-611 hereof and the following family members of such 'person:' spouse.
son, daughter, parent, brother or sister." Sections 2-611 and 2-612 of the City's Code are attached hereto
for reference.
This policy is also pursuant to Miami -Dade County Code Section 2-11.1 subsection (c), states that, `'No
person included in the terms defined in subsection (b)(1) through (6) and in subsection (b)(9) shall enter
into any contract or transact any business, except as provided in subsections (c)(2) through (c)(6) in which
he or she or a member of his or her immediate family has a financial interest, direct or indirect. with [the
City] or any person or agency acting for [the City], and any such contract, agreement or business
engagement entered in violation of this subsection shall render the transaction voidable." Section 2-11.1 of
the County Code is attached hereto for reference.
POLICY STATEMENT:
It is the policy of the City in the event of any such apparent conflict with a person seeking to transact or currently
transacting business with the City or any of its agencies. said City officer. official or employee as set forth
in Section 2-611 of the City Code and/or Section 2-11.1(c) of the County Code shall disclose such apparent
conflict to the City Commission at the next available City Commission meeting as a discussion item.
.4P.11 2-20 4
Disclosure of.1pparent Conflict
Simultaneously, said officer, official, or employee disclosing the apparent conflict shall submit the matter
to the Miami -Dade County Commission on Ethics and Public Trust ("COE"), through the City Attorney's
Office, for an opinion. Upon receipt of said determination, the City Attorney's Office will provide a written
communication of the COE opinion to the City Commission.
Submitted into the public
record for ' em(s) j�. on 2 City Clerk
2
Sec. 2-11.1. - Conflict of Interest and Code of Ethics Ordinance.
Submitted into the public
record or ites) t-'.-
on 4 �ii imtiy . City Clerk
I
(a) Designation. This section shall be designated and known as the "Miami -Dade County Conflict of
Interest and Code of Ethics Ordinance." This section shall be applicable to all County personnel as
defined herein, and shall also constitute a minimum standard of ethical conduct and behavior for
all municipal officials and officers, autonomous personnel, quasi-judicial personnel, advisory
personnel, departmental personnel and employees of municipalities in the County insofar as
their individual relationships with their own municipal governments are concerned. References in
the section to County personnel shall therefor be applicable to municipal personnel who serve in
comparable capacities to the County personnel referred to. (Ord. No. 72-82, § 1, 11-21-72; Ord.
No. 73-27, § 1, 3-20-73)
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(1) The term "Commissioners" shall refer to the Mayor and the members of the Board of County
Commissioners as duly constituted from time to time.
(2) The term "autonomous personnel" shall refer to the members of semi -autonomous
authorities, boards, and agencies as are entrusted with the day to day policy setting,
operation and management of certain defined County functions or areas of responsibility,
even though the ultimate responsibility for such functions or areas rests with the Board of
County Commissioners.
(3) The term "quasi-judicial personnel" shall refer to the members of the Community Zoning
Appeals Board and such other boards and agencies of the County as perform quasi-judicial
functions.
(4) The term "advisory personnel" shall refer to the members of those County advisory boards
and agencies whose sole or primary responsibility is to recommend legislation or give advice
to the Board of County Commissioners.
(5) The term "departmental personnel" shall refer to the Manager, his or her department heads,
the County Attorney and all Assistant County Attorneys.
(6) The term "employees" shall refer to all other personnel employed by the County.
(7) The term "compensation" shall refer to any money, gift, favor, thing or value or financial
benefit conferred in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, to ten
(10) percent or more of the outstanding capital stock in any corporation or a direct or indirect
interest of ten (10) percent or more in a firm, partnership, or other business entity.
(9) The term "immediate family" shall refer to the spouse, domestic partner, parents,
stepparents, siblings, half -siblings, step -siblings, children, and stepchildren of the person
involved.
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(10) The term "transact any business" shall refer to the purchase or sale by the County of specific
goods or services for a consideration.
(11) The term "Ethics Commission" shall refer to the Miami -Dade County Commission on Ethics
and Public Trust.
(12) The term "domestic partner" shall mean a person who is a party to a valid domestic
partnership relationship as described in Section 11A-72(b)(1),(2), (3), (4) and (6) of the Code.
(13) The term "contract staff shall mean any employee and/or principal of an independent
contractor, subcontractor (of any tier), consultant or sub -consultant (of any tier), designated
in a contract with the County as a person who shall be required to comply with the provisions
of Subsections 2-11.1(g), (h), (j), (I), (m), (n) and (o) of the Conflict of Interest and Code of Ethics
Ordinance. Prior to determining whether to designate a person as contract staff in a RFP, RFQ,
bid or contract, the Mayor or his or her designee shall seek a recommendation from the
Executive Director of the Ethics Commission.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-23, § 1, 3-20-73; Ord. No. 86-24, § 3, 4-1-86; Ord. No. 10-48, § 1, 7-
8-10; Ord. No. 22-55, § 2, 6-1-22)
(c) Prohibition on transacting business within the County.
(1) No person included in the terms defined in subsection (b)(1) through (6) and in subsection (b)
(9) shall enter into any contract or transact any business, except as provided in subsections (c)
(2) through (c)(6) in which he or she or a member of his or her immediate family has a
financial interest, direct or indirect, with Miami -Dade County or any person or agency acting
for Miami -Dade County, and any such contract, agreement or business engagement entered
in violation of this subsection shall render the transaction voidable. Willful violation of this
subsection shall constitute malfeasance in office and shall effect forfeiture of office or
position.
(2) County employees' limited exclusion from prohibition on contracting with the county.
Notwithstanding any provision to the contrary herein, subsections (c) and (d) shall not be
construed to prevent any employee as defined by subsection (b)(6) [excluding departmental
personnel as defined by subsection (b)(5)] or his or her immediate family as defined by
subsection (b)(9) from entering into any contract, individually or through a firm, corporation,
partnership or business entity in which the employee or any member of his or her immediate
family has a controlling financial interest, with Miami -Dade County or any person or agency
acting for Miami -Dade County, as long as (1) entering into the contract would not interfere
with the full and faithful discharge by the employee of his or her duties to the County, (2) the
employee has not participated in determining the subject contract requirements or awarding
the contract, and (3) the employee's job responsibilities and job description will not require
him or her to be involved with the contract in any way, including, but not limited to, its
enforcement, oversight, administration, amendment, extension, termination or forbearance. However, this
limited exclusion shall not be construed to authorize an employee or his or her immediate family member
to enter into a contract with Miami -Dade County or any person or agency acting for Miami -Dade County, if
the employee works in the county department which will enforce, oversee or administer the subject
contract.
(3) Limited exclusion from prohibition on autonomous personnel, advisory personnel and quasi-
judicial personnel contracting with county. Notwithstanding any provision to the contrary
herein, subsections (c) and (d) shall not be construed to prohibit any person defined in
subsection (b)(2), (b)(3) and (b)(4) from entering into any contract, individually or through a
firm, corporation, partnership or business entity in which the board member or any member
of his or her immediate family has a controlling financial interest, with Miami -Dade County or
any person or agency acting for Miami -Dade County. However, any person defined in
subsection (b)(2), (b)(3) and (b)(4) is prohibited from contracting with any agency or
department of Miami -Dade County subject to the regulation, oversight, management, policy -
setting or quasi-judicial authority of the board of which the person is a member.
(4) Any person defined in subsections (b)(2) through (b)(4) and subsection (b)(6) shall seek a
conflict of interest opinion from the Miami -Dade County Commission on Ethics and Public
Trust ("the Ethics Commission") prior to submittal of a bid, response, or application of any
type to contract with the County by the person or his or her immediate family. A request for a
conflict of interest opinion shall be made in writing and shall set forth and include all
pertinent facts and relevant documents. If the Ethics Commission finds that the requirements
of this section pertaining to exclusions for persons defined in subsections (b)(2) through (b)(4)
and subsection (b)(6) are not met and that the proposed transaction would create a conflict of
interest, the person defined in subsections (b)(2), (b)(3), (b)(4) or (b)(6) may request a waiver
from the Board of County Commissioners within ten (10) days of the Ethics Commission
opinion by filing a notice of appeal to the Ethics Commission. The Ethics Commission shall
forward the notice of appeal and its opinion and any pertinent documents to the Clerk of the
Board of County Commissioners (the "Clerk") forthwith. The Clerk shall place the request on
the commission agenda for consideration by the Board. The Board of County Commissioners
may grant a waiver upon an affirmative vote of two-thirds (2/3) of the entire Board of County
Commissioners, after public hearing, if it finds that the requirements of this ordinance
pertaining to the exclusion for a County employee from the Code have been met and that the
proposed transaction will be in the best interest of the County. The Board of County
Commissioners may, as provided in subsection (c)(6), grant a waiver to any person defined in
subsection (b)(2) through (b)(4) regarding a proposed transaction. Such findings shall be
Submitted into the public 4,
recor for item(s) I,
on '�}� City Clerk
Submitted into the public
record for 'tern s) tj'.L
-�" tih�
included in the minutes of the board. This subsection shall be applicable only tg" �� tion ,1 leric
the Board may in no case ratify a transaction entered into in violation of this subsection.
If the affected person or his or her immediate family member chooses to respond to a
solicitation to contract with the County, such person shall file with the Clerk a statement in a
form satisfactory to the Clerk disclosing the person's interest or the interest of his or her
immediate family in the proposed contract and the nature of the intended contract at the
same time as or before submitting a bid, response, or application of any type to contract with
the County. Along with the disclosure form, the affected person shall file with the Clerk a copy
of his or her request for an Ethics Commission opinion and any opinion or waiver from the
Board. Also, a copy of the request for a conflict of interest opinion from the Ethics
Commission and any opinion or waiver must be submitted with the response to the
solicitation to contract with the County.
Notwithstanding any provision herein to the contrary, the County and any person or agency
acting for Miami -Dade County shall not award a contract to any person defined in subsections
(b)(2) through (b)(4) and subsection (b)(6) or his or her immediate family individually or
through a firm, corporation, partnership or business entity in which the person or any
member of his or her immediate family has a controlling financial interest, unless the Ethics
Commission has rendered an opinion that entering the contract would not be a conflict of
interest or the Board waives the conflict in accordance with the provisions of this ordinance.
The County Manager is directed to include language in all solicitations for county contracts
advising persons defined in subsections (b)(2) through (b)(4) and subsection (b)(6) of the
applicable conflict of interest code provisions, the provisions of this ordinance, including the
requirement to obtain an Ethics Commission opinion and make disclosure, and the right to
seek a legal opinion from the State of Florida Ethics Commission regarding the applicability of
state law conflict of interest provisions.
(5) Nothing herein shall prohibit or make illegal (1) the payment of taxes, special assessments or
fees for services provided by County government; (2) the purchase of bonds, anticipation
notes or other securities that may be issued by the County through underwriters or directly
from time to time; (3) the participation of the persons included in the terms defined in
subsection (b)(1) through (6), except for employees of the general services administration and
their "immediate family" as defined in (b)(9), in the public auction process utilized by the
County for the disposal of surplus motor vehicles; (4) the purchase of surplus personal
property, pursuant to administrative order, by persons defined in subsection (b)(1) through
(6) and (9); (5) an application for direct assistance from the Miami -Dade County Department of
Housing and Urban Development or an application to participate in a program administered
by the Department of Special Housing has been submitted by an applicant who is a County
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person as defined in subsection (b) and who would but for this section be eligible for such assistance from
said department; provided, however, that the exception provided in this paragraph shall not extend to an
employee of the Miami -Dade County Department of Housing and Urban Development or the Department
of Special Housing who participates in the administration of said programs; or (6) and application to
participate in a single-family mortgage loan program sponsored by the Housing Finance Authority of Miami -
Dade County, has been submitted by a County person as defined in subsection (b), and would but for this
section be eligible for participation in said program; provided, however, that the exception provided in this
paragraph shall not extend to an employee of the Miami -Dade County Finance Department who
participates in the administration of said single-family mortgage loan program.
(6) Extension of waiver to county commissioners, autonomous personnel, quasi-judicial
personnel, and advisory personnel. The requirements of this subsection may be waived for a
particular transaction only by affirmative vote of two-thirds of the entire Board of County
Commissioners, after public hearing. Such waiver may be affected only after findings by two-
thirds of the entire Board that:
(1) An open -to -all sealed competitive bid has been submitted by a County person as defined
in subsection (b)(2), (3) and (4), or
(2) The bid has been submitted by a person or firm offering services within the scope of
practice of architecture, professional engineering, or registered land surveying as defined
by the laws of the State of Florida and pursuant to the provisions of the Consultants'
Competitive Negotiation Act, and when the bid has been submitted by a County person
defined in subsection (b)(2), (3) and (4), or
(3) The property or services to be involved in the proposed transaction are unique and the
County cannot avail itself of such property or services without entering a transaction
which would violate this subsection but for waiver of its requirements, or
(4) That the property or services to be involved in the proposed transaction are being offered
to the County at a cost of no more than 80 percent of fair market value based on a
certified appraisal paid for by the provider, and
(5) That the proposed transaction will be to the best interest of the County.
Such findings shall be spread on the minutes of the Board. This subsection shall be applicable only
to prospective transactions, and the Board may in no case ratify a transaction entered in violation
of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to
amend or repeal any other law pertaining to the same subject matter. (Ord. No. 72-82, § 1, 11-21-72; Ord.
No. 73-24, § 1, 3-20-73; Ord. No. 73-45, § 1, 5-1-73; Ord. No. 75-91, § 1, 11-4-75; Ord. No. 75-119, § 1, 12-16-
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75; Ord. No. 79-85, § 1, 10-16-79; Ord. No. 80-33, § 1, 5-6-80; Ord. No. 85-84, § 1, 10-1-85; Ord. No. 85-98, § 1,
11-5-85; Ord. No. 87-58, § 1, 9-1-87; Ord. No. 88-102, § 1, 10-18-88; Ord. No. 91-113, § 1, 10-1-91; Ord. No.
00-1, § 1, 1-13-00; Ord. No. 00-151, § 1, 11-28-00)
(d) Further prohibition on transacting business with the County. No person included in the terms
defined in subsections (b)(1) through (6) and in subsection (b)(9) shall enter into any contract or
transact any business through a firm, corporation, partnership or business entity in which he or
any member of his immediate family has a controlling financial interest, direct or indirect, with
Miami -Dade County or any person or agency acting for Miami -Dade County, and any such
contract, agreement or business engagement entered in violation of this subsection shall render
the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this
subsection as though incorporated herein by recitation.
Additionally, no person included in the term defined in subsection (b)(1) shall vote on or participate in
any way in any matter presented to the Board of County Commissioners if said person has any of the
following relationships with any of the persons or entities which would be or might be directly or indirectly
affected by any action of the Board of County Commissioners: (i) officer, director, partner, of counsel,
consultant, employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor, or creditor, if in any
instance the transaction or matter would affect the person defined in subsection (b)(1) in a manner distinct
from the manner in which it would affect the public generally. Any person included in the term defined in
subsection (b)(1) who has any of the above relationships or who would or might, directly or indirectly, profit
or be enhanced by the action of the Board of County Commissioners shall: (1) announce publicly at the
meeting the nature of the conflict before the matter is heard; (2) absent himself or herself from the
Commission chambers during that portion of the meeting when the matter is considered; and (3) file a
written disclosure of the nature of the conflict with the Clerk of the Board within 15 days after the vote. The
filing of the State of Florida form prescribed for written disclosure of a voting conflict shall constitute
compliance with this subsection. (Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-45, § 2, 5-1-73; Ord. No. 86-11, §
1, 2-18-86; Ord. No. 86-24, § 1, 4-1-86; Ord. No. 16-47, 5-17-16)
(e) Gifts.
(1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in
the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any
other form, without adequate and lawful consideration. Food and beverages consumed at a
single sitting or meal shall be considered a single gift, and the value of the food and beverage
provided at that sitting or meal shall be considered the value of the gift.
(2) Exceptions. The provisions of subsection (e)(1) shall not apply to:
a. Political contributions specifically authorized by State law;
b. Gifts from relatives or members of one's household;
c. Awards for professional or civic achievement;
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d. Material such as books, reports, periodicals or pamphlets which are solely informational
or of an advertising nature;
e. Gifts solicited by the County Mayor's deputies or chiefs or department directors on behalf
of the County in the performance of their official duties for use solely by the County in
conducting its official business;
f. Gifts solicited by Commissioners or the County Mayor on behalf of the County in the
performance of their official duties for use solely by the County in conducting its official
business;
g. Gifts solicited by Commissioners, or their staff members, on behalf of any nonprofit
organization for use solely by that organization where neither the Commissioner, nor his
or her staff receives any compensation as a result of the solicitation. As used in this
subsection, a "nonprofit organization" shall mean any entity described in section 501(c)(3)
of the Internal Revenue Code (the "Code") that is tax exempt under section 501(a) of the
Code. As used in this subsection, "compensation" means any money, gift, favor, political
contribution, thing of value or other financial benefit.
(3) Prohibitions. A person described in subsection (b)(1) through (6) shall neither solicit nor
demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to
any person included in the term defined in subsection (b)(1) through (6) or for any person
included in the term defined in subsection (b)(1) through (6) to accept or agree to accept from
another person or entity, any gift for or because of:
a. General prohibition on solicitation and giving of gifts. A person described in subsection (b)
(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person
or entity to offer, give or agree to give to any person included in the term defined in
subsection (b)(1) through (6) or for any person included in the term defined in subsection
(b)(1) through (6) to accept or agree to accept from another person or entity, any gift for
or because of:
i. An official public action taken, or to be taken, or which could be taken;
ii. A legal duty performed or to be performed, or which could be performed; or
iii. A legal duty violated or to be violated, or which could be violated by any person
included in the term defined in subsection (b)(1).
b. Prohibition on gifts and offers on employment to members of competitive selection
committees. In addition to any other prohibition contained in this section, any person, or
their immediate family members, appointed to serve on a competitive selection
committee for a procurement shall not accept, solicit, or demand any gift of any value
from any proposer to such procurement. Proposers to a procurement shall not offer, give,
or agree to give any gift of any value or offer future employment to any member of the
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competitive selection committee for such procurement or to their immediate family members. Any person
who has accepted a gift of any value from a proposer to a procurement in the two years preceding the
issuance of the solicitation for such procurement shall not be appointed to the competitive selection
committee for such procurement; and, if appointed, shall, in addition to any other penalty provided for in
this section, be immediately removed from such competitive selection committee. For purposes of this
subsection, the term "proposer" shall mean any person, firm or corporation that submits a response or
proposal to a solicitation, including any owners, principals, corporate officers, managers, employees,
agents, and lobbyists of such person, firm, or corporation and their immediate family members.
(4) Gifts solicited on behalf of the County. The solicitation and acceptance of gifts on behalf of the
County for use solely by the County in conducting its official business is permissible. It is
provided, however, that soliciting and accepting such gifts shall be undertaken or authorized
only by Commissioners, the County Mayor, the County Mayor's chiefs and deputies, or
department directors.
(5) Disclosure. Any person included in the term defined in subsection (b)(1) through (6) shall
disclose as provided herein any gift, or series of gifts from any one person or entity, having a
value in excess of one hundred dollars ($100.00). Said disclosure shall be made by filing a
copy of the disclosure form required by Chapter 112, Florida Statutes, for "local officers" with
the Clerk of the Board of County Commissioner simultaneously with the filing of the form with
the Secretary of State.
(Ord. No. 78-82, § 1, 11-21-72; Ord. No. 86-25, § 1, 4-1-86; Ord. No. 87-70, § 1, 10-20-87; Ord. No. 91-62, § 1,
6-4-91; Ord. No. 99-124, § 1, 2-11.1; Ord. No. 99-145, § 1, 10-19-99; Ord. No. 10-48, § 1, 7-8-10; Ord. No. 21-
62, § 1, 7-8-21; Ord. No. 22-56, § 1, 6-1-22)
(f) Compulsory disclosure by employees of firms doing business with the County. Should any person
included in the terms defined in subsections (b)(1) through (6) be employed, either himself or
herself or through a member of his or her immediate family, by a corporation, firm, partnership
or business entity in which he or she does not have a controlling financial interest, and should the
said corporation, firm, partnership or business entity have substantial business commitments to
or from the County or any County agency, or be subject to direct regulation by the County or a
County agency, then said person shall file a sworn statement disclosing such employment and
interest with the Clerk of the Circuit Court in and for Miami -Dade County.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 10-48, § 1, 7-8-10)
(g) Exploitation of official position prohibited. No person included in the terms defined in subsection
(b)(1) through (6) and (b)(13) shall use or attempt to use his or her official position to secure
special privileges or exemptions for himself or herself or others except as may be specifically
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permitted by other ordinances and resolutions previously ordained or adopted or hereafter to be ordained
or adopted by the Board of County Commissioners.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 10-48, § 1, 7-8-10)
(h) Prohibition on use ofconfidential information. No person included in the terms defined in
subsection (b)(1) through (6) and (b)(13) shall accept employment or engage in any business or
professional activity which he or she might reasonably expect would require or induce him or her
to disclose confidential information acquired by him or her by reason of his or her official
position, nor shall he or she in fact ever disclose confidential information garnered or gained
through his or her official position with the County, nor shall he or she ever use such information,
directly or indirectly, for his or her personal gain or benefit.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 10-48, § 1, 7-8-10)
(i) Financial disclosure.
(1) All persons and firms included within subsections (a) and (b)(2), (3) and (4) of this section shall
file, no later than 12:00 noon of July 1st of each year including the July 1st following the last
year that person is in office or held such employment, one (1) of the following:
a. A copy of that person's or firm's current federal income tax return; or
b. A current certified financial statement on a form of the type approved for use by State or
national banks in Florida listing aII assets and liabilities having a value in excess of one
thousand dollars ($1,000.00) and a short description of each; or
c. An itemized source of income statement, under oath and on a form approved by the
County for said purpose.
Compliance with the financial disclosure provisions of Chapter 112 (Part III), Florida Statutes,
as amended, or with the provisions of Article II, Section 8 of the Florida Constitution, as
amended by the voters on November 2, 1976, and any general laws promulgated thereunder,
shall constitute compliance with this section.
(2) County and municipal personnel. The following County personnel shall comply with the filing
requirements of subsection (i)(1) above: The Mayor and members of the Board of County
Commissioners; County Attorney and Assistant County Attorneys; County Manager; Assistant
County Manager(s); Special Assistant(s) to the County Manager; heads or directors of County
departments and their assistant or deputy department heads; employees of the Miami -Dade
Police with the rank of captain, major and chief; Building and Zoning Inspectors. References
herein to specified County personnel and Boards shall be applicable to municipal personnel
and Boards that serve in comparable capacities to the County personnel and Boards referred
to.
(3)
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Candidates for County and municipal office. All candidates for County and municipal elective office shall
comply with the filing requirements of subsection (i)(1) above at the same time that candidate files
qualifying papers.
(4) Consultants. All persons or firms providing professional services as defined by Section 2-
10.4(1)(a) and (b) of the Code of Miami -Dade County, to Miami -Dade County or any
municipalities, their agencies, or instrumentalities, shall comply with the filing requirements
of subsection (i)(1) above within ninety (90) days of the effective date hereof. All persons or
firms subsequent to the effective date of this section, which engage in competitive
negotiation with Miami -Dade County or any of its municipalities, their agencies or
instrumentalities under and pursuant to Section 2-10.4 of the Code of Miami -Dade County
shall comply with the reporting requirements of subsection (i)(1) of this section within thirty
(30) days of execution of a contract arising out of said competitive negotiations and prior to
any payments from said County, municipalities or other agencies or instrumentalities. Failure
to comply with the terms hereof by such persons or firms shall render existing contracts
voidable and shall automatically void any contracts negotiated and executed subsequent to
the effective date of this section where the required information is not furnished within thirty
(30) days of the execution of said contract as noted herein.
(5) Reports; filing. All documents required to be filed hereunder by County persons or
consultants shall be filed with the supervisor of elections. Documents required to be filed
hereunder by municipal persons or consultants shall be filed with the municipal Clerk of that
entity.
(6) Public disclosure. All documents filed pursuant to this subsection shall constitute public
records within the meaning of Chapter 119, Florida Statutes.
(7) Construction. The construction of this subsection shall be considered as supplemental to and
not in substitution of any requirements of Chapter 112, Florida Statutes, or any rules and
regulations promulgated thereunder.
(Ord. No. 77-13, § 1, 3-1-77; Ord. No. 83-18, § 1, 4-19-83; Ord. No. 84-39, § 1, 5-15-84)
(j) Conflicting employment prohibited. No person included in the terms defined in subsections (b)(1)
through (6) and (b)(13) shall accept other employment which would impair his or her
independence of judgment in the performance of his or her public duties.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 2, 3-1-77; Ord. No. 10-48, § 1, 7-8-10)
(k) Prohibition on outside employment.
(1) No person included in the terms defined in subsections (b)(5) [departmental personnel] and
(6) [employees] shall receive any compensation for his or her services as an officer or
employee of the County, from any source other than the County, except as may be permitted
by Section 2-11 of this Code of Ordinances.
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(2) All full-time County and municipal employees engaged in any outside employment for any
person, firm, corporation or entity other than Miami -Dade County, or the respective
municipality, or any of their agencies or instrumentalities, shall file, under oath, an annual
report indicating the source of the outside employment, the nature of the work being done
pursuant to same and any amount or types of money or other consideration received by the
employee from said outside employment. Said County employee's reports shall be filed with
the supervisor of elections no later than 12:00 noon on July 1st of each year, including the July
1st following the last year that person held such employment. Municipal employee reports
shall be filed with the Clerk of their respective municipalities. Said reports shall be available at
a reasonable time and place for inspection by the public. The County Manager or any city
manager may require monthly reports from individual employees or groups of employees for
good cause.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 3, 3-1-77; Ord. No. 77-79, § 1, 1-11-77; Ord. No. 77-87, § 1,
12-6-77; Ord. No. 83-18, § 2, 4-19-83; Ord. No. 84-39, § 2, 5-15-84; Ord. No. 10-48, § 1, 7-8-10)
(I) Prohibited investments. No person included in the terms defined in subsections (b)(1) through (6)
and (b)(13) shall have personal investments in any enterprise, either himself, herself, or through a
member of his or her immediately family, which will create a substantial conflict between his or
her private interests and the public interest.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 10-48, § 1, 7-8-10)
(m) Certain appearances and payment prohibited.
(1) No person included in the terms defined in subsections (b)(1), (5), (6) and (13) [commissioners,
the Mayor, departmental personnel, employees and contract staff] shall appear before any
County Board or agency and make a presentation on behalf of a third person with respect to
any license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other
benefit sought by the third person. Nor shall such person receive compensation, directly or
indirectly or in any form, for services rendered to a third person, who has applied for or is
seeking some benefit from the County or a County agency, in connection with the particular
benefit sought by the third person. Nor shall such person appear in any court or before any
administrative tribunal as counsel or legal advisor to a party who seeks legal relief from the
County or a County agency through the suit in question.
(2) No person included in the terms defined in subsections (b)(2), (3) and (4) [autonomous
personnel, quasi-judicial personnel, and advisory personnel] shall appear before the County
board or agency on which he or she serves, either directly or through an associate, and make
a presentation on behalf of a third person with respect to any license, contract, certificate,
ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person.
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Nor shall such person receive compensation, directly or indirectly or in any form, for services rendered to a
third party, who has applied for or is seeking some benefit from the County board or agency on which such
person serves, in connection with the particular benefit by the third party. Nor shall such person appear in
any court or before any administrative tribunal as counsel or legal advisor to a third party who seeks legal
relief from the County board or agency on which such person serves through the suit in question. However,
this section shall not prohibit an architect serving without compensation on the Miami -Dade County Board
of Energy Regulation or on any architectural Board, whose sole function is to pass on the aesthetics of
plans submitted, from submitting plans on behalf of a client so long as such member makes known his or
her representation of the applicant and disqualifies himself or herself from speaking or voting or otherwise
participating on such application.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-25, § 1, 3-20-73; Ord. No. 73-51, § 1, 5-15-73; Ord. No. 77-13, § 4,
3-1-77; Ord. No. 79-39, § 1, 6-19-79; Ord. No. 10-48, § 1, 7-8-10)
(n) Actions prohibited when financial interests involved. No person included in the terms defined in
subsections (b)(1) through (6) and (b)(13) shall participate in any official action directly or
indirectly affecting a business in which he or any member of his immediate family has a financial
interest. A financial interest is defined as a special financial interest, direct or indirect, as that
term is used in Section 4.03 of the County's Charter; or as a financial interest as defined in Section
769 of the Restatement of the Law of Torts as an investment or something in the nature of an
investment. This section shall not prohibit any official, officer, employee or person from taking
official action (1) to promote tourism or downtown development or redevelopment within the
County or any portion thereof, or (2) to authorize the expenditure of public funds for promoting
tourism or downtown development or redevelopment, so long as no such authorized public funds
are to be paid to such person or a member of his or her immediate family or any business in
which he or she or any member of his or her immediate family has a financial interest.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-50, § 1, 5-15-73; Ord. No. 75-76, § 1, 9-17-75; Ord. No. 77-13, § 4,
3-1-77; Ord. No. 10-48, § 1, 7-8-10)
(o) Acquiring financial interests. No person included in the terms defined in subsections (b)(1)
through (6) and (b)(13) shall acquire a financial interest in a project, business entity or property at
a time when he or she believes or has reason to believe that the said financial interest will be
directly affected by his or her official actions or by official actions by the County or County agency
of which he or she is an official, officer, employee or contract staff.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 10-48, § 1, 7-8-10)
(p) Recommending professional services. No person included in the terms defined in subsections (b)
(1) through (6) may recommend the services of any lawyer or law firm, architect or architectural
firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any
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transaction involving the County or any of its agencies, provided that such recommendation may properly
be made when required to be made by the duties of office and in advance at a public meeting attended by
other County officials, officers or employees.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 4, 3-1-77)
(q) Continuing application after county service.
(1) No person who has served as an elected county official, i.e., mayor, county commissioner, or
a member of the staff of an elected county official, or as county manager, senior assistant to
the county manager, department director, departmental personnel or employee shall, for a
period of two (2) years after his or her county service or employment has ceased, lobby any
county officer, departmental personnel or employee in connection with any judicial or other
proceeding, application, RFP, RFQ, bid, request for ruling, or other determination, contract,
claim, controversy, charge, accusation, arrest or other particular subject matter in which
Miami -Dade County or one (1) of its agencies or instrumentalities is a party or has any interest
whatever, whether direct or indirect. Additionally, no person who has served as a community
council member shall, for a period of two (2) years after his or her county service or
employment has ceased, lobby, with regard to any zoning or land use issue, any county
officer, departmental personnel or employee in connection with any judicial or other
proceeding, application, request for ruling, or other determination, contract, claim,
controversy, charge, accusation, arrest or other particular subject matter in which Miami -
Dade County or one (1) of its agencies or instrumentalities is a party or has any interest
whatever, whether direct or indirect. Nothing contained in this Subsection (q)(1) shall prohibit
any individual included within the provisions of this subsection from submitting a routine
administrative request or application to a county department or agency during the two-year
period after his or her county service has ceased.
(2) The provisions of this Subsection (q) shall not apply to officials, departmental personnel or
employees who become employed by governmental entities, 501(c)(3) non-profit entities or
educational institutions or entities, and who lobby on behalf of such entities in their official
capacities.
(3) The provisions of this section shall apply to all individuals as described in Subsection (q)(1)
who leave the county after the effective date of the ordinance from which this section derives.
(4) Any former county officer, departmental personnel or employee who has left the county
within two (2) years prior to the effective date of this ordinance and has entered into a
lobbying contract prior to the effective date of this ordinance shall, for a period of two (2)
years after his or her county service or employment has ceased, comply with Subsection (q) as
it existed prior to the effective date of the ordinance from which this section derives and as
modified by this Subsection (q)(4) when lobbying pursuant to said contract. No former county
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officer, departmental personnel or employee who has left the county within two (2) years prior to the
effective date of the ordinance from which this section derives shall for a period of two (2) years after his or
her county service or employment has ceased enter into a lobbying contract to lobby any county officer,
departmental personnel or employee in connection with any judicial or other proceeding, application, RFP,
RFQ, bid, request for ruling, or other determination, contract, claim, controversy, charge, accusation, arrest
or other particular subject matter in which Miami -Dade County or one (1) of its agencies or
instrumentalities is a party or has a direct and substantial interest; and in which he or she participated
directly or indirectly as an officer, departmental personnel or employee, through decision, approval,
disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her county
service or employment. As used herein, a person participated "directly" where he or she was substantially
involved in the particular subject matter through decision, approval, disapproval, recommendation, the
rendering of advice, investigation or otherwise, during his or her county service or employment. As used
herein, a person participated "indirectly" where he or she knowingly participated in any way in the
particular subject matter through decision, approval, disapproval, recommendation, the rendering of legal
advice, investigation or otherwise, during his or her county service or employment. Former county officers,
departmental personnel and employees who have left the county within two (2) years prior to the effective
date of the ordinance from which this section derives shall execute an affidavit on a form prepared by the
Office of the Inspector General prior to lobbying any county officer, departmental personnel or employee
stating that the requirements of this section do not preclude said person from lobbying any officer,
departmental personnel or employee of the county. The Inspector General shall verify the accuracy of each
affidavit executed by former county officers, departmental personnel or employees.
(5) Any individual who is found to be in violation of this Subsection (q) shall be subject to the
penalties provided in either Subsection (u)(1) or Subsection (u)(2).
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 99-2, § 1, 1-21-99)
(r) Ethics Commission to render opinions on request. Whenever any person included in the terms
defined in subsection (b)(1) through (6), (b)(9) and (b)(13) is in doubt as to the proper
interpretation or application of this Conflict of Interest and Code of Ethics Ordinance as to himself
or herself, or whenever any person who renders services to the County is in doubt as to the
applicability of the said ordinance as to himself or herself, he or she may submit to the Ethics
Commission a full written statement of the facts and questions he or she has. The Ethics
Commission shall then render an opinion to such person and shall publish these opinions without
use of the name of the person advised unless such person requests the use of his or her name.
Any person included in the term defined in subsection (b)(1) (i.e., Mayor or Commissioner) who is
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employed or retained by an entity that receives County funds or is under contract with the C my shall,
within sixty (60) days after (a) being retained or employed by the entity, or (b) becoming aware of the
entity's receipt of County funds or of the entity's contract with the County, whichever is later, seek an
opinion from the Ethics Commission or the Executive Director of the Ethics Commission regarding the
applicability of the Conflict of Interest and Code of Ethics Ordinance. Any person included in the term
defined in subsection (b)(1) who is employed or retained by an entity that receives County funds or is under
contract with the County and has received an opinion from the Ethics Commission or the Executive Director
of the Ethics Commission prior to the effective date of this ordinance regarding the applicability of the
Conflict of Interest and Code of Ethics Ordinance to himself or herself shall not be required to seek another
opinion from the Ethics Commission.
(Ord. No. 73-26, § 1, 3-20-73; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 97-105, § 2, 7-8-97; Ord. No. 10-48, § 1, 7-8-
10; Ord. No. 12-22, § 1, 4-3-12)
(s) Principal and Lobbyist Registration.
(1) Definitions.
(a) County personnel means those County officials, officers and employees included in
Section 2-11.1(i)(2) of the Miami -Dade County Conflict of Interest and Code of Ethics
Ordinance, with the exception of the County Attorney and Assistant County Attorneys;
advisory personnel as defined in Section 2-11.1(b)(4); and any employee of a County
department or division with the authority to participate in procurement matters, when the
communication involves such procurement.
(b) Expenditure means the same as defined in Section 112.3215, Florida Statutes.
(c) Government entity means any political subdivision, including any county, municipality,
special district, school district, utility authority, or other authority, or any instrumentality,
agency, unit, or department thereof.
(d) Lobbying activity means any attempt to influence or encourage the passage or defeat of,
or modification to, governmental actions, including, but not limited to, ordinances,
resolutions, rules, regulations, executive orders, and procurement actions or decisions of
the County Commission, the Mayor, any County board or committee, or any County
personnel. The term "lobbying activity" encompasses all forms of communication,
whether oral, written, or electronic, during the entire decision -making process on actions,
decisions, or recommendations which foreseeably will be heard or reviewed by County
personnel. This definition shall be subject to the exceptions stated in subparagraph (s)(2)
below.
(e) Lobbyist means all persons, firms, entities, or corporations that are employed,
designated, or retained by a principal, with or without compensation, or that contract with
a third -party for economic consideration to perform lobbying activities on behalf of a
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principal. "Lobbyist" includes the principal that lobbies, as well as any employee that has been designated
by the principal to perform lobbying activities on behalf of the principal.
(f) Principal means the person, firm, corporation, or other entity that performs lobbying
activity on behalf of itself or that has designated, employed, or retained a lobbyist to
lobby on its behalf. The term "principal" also includes the person, firm, corporation, or
other entity receiving the benefit of the lobbying effort and on whose behalf the lobbyist
is lobbying, even if the lobbyist is retained, engaged, or employed by a third -party for such
purposes.
(g) Procurement matter means the County's processes for the purchase of goods and
services, including, but not limited to, processes related to the acquisition of: technology;
public works; design services; construction, professional architectural, engineering,
landscape architecture, land surveying, and mapping services; the purchase, lease, or sale
of real property; and the acquisition, granting, or other interest in real property.
(h) Encourage means to influence, promote, support, oppose, or seek to modify, alter,
amend, or delay any recommendation, action, or decision of the County Commission, the
Mayor, any County board or committee, or any County personnel.
(2) Exceptions. The following persons are specifically excluded from the definition of "lobbyist"
and shall not be subject to the requirements of this subsection:
(a) Any representative of individuals, corporations, or other entities solely during a public
hearing on a quasi-judicial matter;
(b) Any person who appears only as a representative of a neighborhood association without
compensation or reimbursement for the appearance, whether direct, indirect, or
contingent;
(c) Any person who only appears as a representative of a not -for -profit community -based
organization without special compensation or reimbursement for the appearance to
request a grant;
(d) Any person employed or retained by a principal whose normal scope of employment or
retention does not include lobbying activities and who is not engaged in lobbying activities
on behalf of said principal;
(e) Any expert who is retained for the sole purpose of providing only scientific, technical, or
other specialized information or testimony in public meetings;
(f) Any public officer, employee, or appointee, appearing in his or her official capacity, to
represent a governmental entity;
(g) Any person who only appears in his or her official capacity for the purpose of self -
representation without compensation or reimbursement, whether direct, indirect, or
contingent, to express support or opposition to any item;
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(h) Any person engaged in following activities involving a procurement matt
1. Appearance at a pre -bid conference;
2. Submission of a bid or proposal;
3. Submission of a written question or response to a bid or proposal;
4. Presentation by technical experts, or persons employed or retained by a principal
whose normal scope of employment does not include lobbying activities, for purposes
of explaining or demonstrating characteristics or performance of a procurement
matter, provided the presentation does not include any advocacy or
recommendations on the procurement matter and is otherwise consistent with the
pending procurement matter or guidelines and procedures;
5. Post -award contract management;
6. Participation in market research process;
7. Accessed contracts; and
8. Emergency purchases
(3) Registration. All lobbyists and principals who lobby shall register with the Clerk of the Board
of County Commissioners within five (5) business days of being retained as a lobbyist or
before engaging in any lobbying activities, whichever shall come first. Every person required
to register shall:
(a) Register on forms prepared by the Clerk;
(b) State under oath his or her name, business address, the name and business address of
each person or entity which has, directly or indirectly, designated, retained, or employed
said registrant to lobby and the specific issue on which the lobbyist has been designated,
retained, or employed to lobby. If the lobbyist represents a corporation, the corporation
shall also be identified.
(c) Registration of all lobbyists shall be required prior to January 15 of each year and each
person who withdraws as a lobbyist for a particular client shall file an appropriate notice
of withdrawal.
(d) The fee for annual registration shall be four hundred and ninety dollars ($490.00). Every
registrant shall be required to state the extent of any business or professional
relationship with any current person described in subsection (b). The registration fees
required by this subsection shall be deposited by the Clerk into a separate account and
shall be expended for the purpose of recording, transcribing, administration and other
costs incurred in maintaining these records for availability to the public. Notwithstanding
the foregoing, fifteen (15) percent of future funds generated by lobbyist registration fees
after the effective date of the [ordinance from which this section derives] shall be
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deposited into a separate account and shall be expended by the Ethics Commission for the purposes of
educational outreach, the rendering of advisory opinions and enforcement of the provisions of Section 2-
11.1(s) relating to lobbyists. There shall be no fee required for filing a notice of withdrawal and the Board of
County Commissioners may, in its discretion, waive the registration fee upon a finding of financial hardship.
(e) Prior to conducting any lobbying, all principals must file a form with the Clerk of the Board
of County Commissioners, signed by the principal or the principal's representative, stating
that the lobbyist is authorized to represent the principal, describing the specific issue,
agenda item, or procurement matter that is the subject of the lobbying, and identifying all
persons holding, directly or indirectly, a five (5) percent or more ownership interest in the
corporation, partnership, or trust.
(f) The principal and the lobbyist must also submit a joint affidavit stating that the principal
has not offered, and the lobbyist has not agreed to accept, any contingency or success
fees as defined in subparagraph (s)(8).
(g) Failure of a principal to file the required forms may be considered in the evaluation of a
bid or proposal as evidence that a proposer or bidder is not a responsible contractor.
(h) Lobbyists shall file amendments to their registration forms within fifteen (15) days of any
change of information required to be set forth on their registration forms.
(i) Each lobbyist shall file a form with the Clerk of the Board within thirty (30) days after
ceasing all lobbying activities with a principal.
(4) Ethics training.
(a) Each lobbyist shall, within sixty (60) days after registering as a lobbyist, submit to the Clerk
of the Board a certificate of completion of an ethics course offered by the Miami -Dade
County Commission on Ethics and Public Trust ("Ethics Course"). Lobbyists who have
completed the initial Ethics Course mandated by the preceding sentence and have
continuously registered as a lobbyist thereafter shall be required to complete a refresher
Ethics Course every two years. Each lobbyist who has completed a refresher Ethics Course
shall submit to the Clerk of the Board a certificate of completion within sixty (60) days
after registering as a lobbyist.
(b) The Ethics Course shall include, but not be limited to, a review of the following topics: the
Conflict of Interest and Code of Ethics Ordinance; the Sunshine Law; and the Public
Records Law.
(c) The fee for the Ethics Course shall be one hundred dollars ($100.00). The registration fees
required by this subsection shall be deposited into a separate account and shall be
expended by the Ethics Commission for Ethics Courses and related costs.
(d)
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The requirements of this subsection relating to the Ethics Course shall not be applicable to any municipal
lobbyist in Miami -Dade County unless said municipality has adopted an ordinance providing for ethics
training of lobbyists and has entered into an interlocal agreement with the County authorizing the Ethics
Commission to provide the Ethics Course provided for in this subsection. The Executive Director of the
Ethics Commission may waive the Ethics Course requirement for a particular lobbyist when he or she
determines that the lobbyist has taken an initial or refresher Ethics Course offered by a municipality which
satisfies the requirements of this subsection.
(5) Exceptions to registration fee requirement. The following persons or entities shall register as
lobbyists and complete the required ethics training, pursuant to the subparagraphs above,
but shall not be required to pay registration fees:
(a) A principal of any corporation, partnership or other entity who appears as a lobbyist on
behalf of that entity, without special compensation or reimbursement for the appearance,
whether direct, indirect or contingent, to express support of or opposition to any item.
(b) Any person who only appears as a representative of a not -for -profit corporation or entity
(such as a 501(c)(3) organization, a trade association, or trade union), without special
compensation or reimbursement for the appearance, whether direct, indirect or
contingent, to express support of or opposition to any item.
(c) Any principal who only appears as a representative of a certified Micro Enterprise, as
defined in Section 2-8.1.1.1.1 of the Code, as a representative of a certified Level I
Community Small Business Enterprise, as defined in Section 10-33.02 or as a
representative of a certified Tier 1 Community Business Enterprise, as defined in Section
2-10.4.01, without special compensation or reimbursement for the appearance, whether
direct, indirect or contingent, to express support of or opposition to any item.
(6) Affidavit requirement. The following provisions shall apply to certain individuals who, in
procurement matters, participate in oral presentations or recorded negotiation meetings and
sessions:
(a) The principal shall list on an affidavit form, provided by the County, all technical experts or
employees of the principal whose normal scope of employment does not include lobbying
activities and whose sole participation in a County procurement matter involves an
appearance and participation in an oral presentation before a County certification,
evaluation, selection, technical review or similar committee, or recorded negotiation
meetings or sessions.
(b) No person shall appear before any procurement committee or at any procurement
negotiation meeting or session on behalf of a principal unless he or she has been listed as
part of the principal's presentation or negotiation team pursuant to this subparagraph (s)
(6), or has registered as a lobbyist pursuant to subparagraph (s)(3).
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(c) For the purpose of this subsection (s) only, the listed members of the oral presentation or
negotiation team shall not be required to separately register as lobbyists or pay any
registration fees.
(d) The affidavit required by this subsection shall be filed by County procurement staff with
the Clerk of the Board at the time the proposal is submitted or prior to the recorded
negotiation meeting or session.
(e) Notwithstanding the foregoing, any person who engages in lobbying activities in addition
to appearing before a procurement committee to make an oral presentation, or at a
recorded procurement negotiation meeting or session, shall comply with all lobbyist
registration requirements.
Expenditure reports.
(a) On July 1 of each year, the lobbyist shall submit to the Clerk of the Board of County
Commissioners a signed statement under oath, as provided herein, listing all lobbying
expenditures in excess of twenty-five dollars ($25.00) for the preceding calendar year. The
statement shall list in detail each expenditure by category, including food and beverage,
entertainment, research, communication, media advertising, publications, travel, lodging
and special events. Even if there are no reportable expenditures during a reporting
period, a statement shall be filed so indicating.
(b) The Clerk of the Board of County Commissioners shall notify any lobbyist who fails to
timely file an expenditure report. In addition to any other penalties which may be
imposed as provided in subsection (s)(9), a fine of fifty dollars ($50.00) per day shall be
assessed for reports filed after the due date. Where a fine of fifty dollars ($50.00) per day
is assessed, the Ethics Commission shall not impose a fine as provided in subsection (z).
Any lobbyist who fails to file the required expenditure report by September 1 shall be
automatically suspended from lobbying until all fines are paid unless the fine has been
appealed to the Ethics Commission.
(c) The Clerk of the Board of County Commissioners shall notify the Commission on Ethics
and Public Trust of the failure of a lobbyist or principal to file a report and/or pay the
assessed fines after notification.
(d) A lobbyist or principal may appeal a fine and may request a hearing before the
Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed
with the Commission on Ethics and Public Trust within fifteen (15) calendar days of receipt
of the notification of the failure to file the required disclosure form. The Commission on
Ethics and Public Trust shall have the authority to waive the fine, in whole or part, based
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on good cause shown. The Commission on Ethics and Public Trust shall have the authority to adopt rules of
procedure regarding appeals from the Clerk of the Board of County Commissioners.
(8) Contingency fees.
(a) No person may, in whole or in part, pay, give or agree to pay or give a contingency fee to
another person. No person may, in whole or in part, receive or agree to receive a
contingency fee.
(b) As used herein, "contingency fee" means a fee, bonus, commission, or nonmonetary
benefit as compensation which is dependent on or in any way contingent on the lobbying
activities.
(9) Lobbyist registration logs.
(a) The Clerk shall publish logs on a quarterly and an annual basis reflecting the principal and
lobbyist registrations which have been filed in accordance with this subsection (s).
(b) All logs shall be prepared in a manner substantially similar to the logs prepared for the
Florida Legislature pursuant to Section 11.045, Florida Statutes.
(10) Violations.
(a) The Ethics Commission shall investigate any person engaged in lobbying who may be in
violation of this subsection (s).
(b) In the event that a violation is found to have been committed the Ethics Commission may,
in addition to the penalties set forth in subsection (z), prohibit such person from lobbying
before the County Commission or any committee, board or personnel of the County as
provided herein.
(c) Every lobbyist who is found in violation of this section shall be prohibited from registering
as a lobbyist or lobbying in accordance with the following schedule:
1st violation for a period of 90 days from the date of determination of violation;
2nd violation for a period of one (1) year from the date of determination of violation;
3rd violation for a period of five (5) years from the date of determination of violation.
(d) A bidder or proposer shall be subject to the debarment provisions of Section 10-38 of the
Code of Miami -Dade County as if the bidder or proposer were a contractor where the
bidder or proposer has violated this section, either directly or indirectly or any
combination thereof, on three (3) or more occasions. As used herein, a "direct violation"
shall mean a violation committed by the bidder or proposer and an "indirect violation"
shall mean a violation committed by a lobbyist representing said bidder or proposer. A
contract entered into in violation of this section shall also render the contract voidable.
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The County Mayor or designee shall include the provisions of this subsection in al County bid documents,
RFP, RFQ, CBO and CDBG applications; provided, however, the failure to do so shall not render any contract
entered into as a result of such failure illegal per se.
(11) Diligence requirement; lobbying by unregistered persons; effect on County action.
(a) All members of the County Commission, and all County personnel, shall be diligent to
ascertain whether persons required to register as lobbyists pursuant to this subsection (s)
have complied with the requirement. This diligence requirement may be satisfied if
members of the County Commission, or County personnel, maintain a written log that
documents all oral lobbying communications or meetings with a lobbyist, held for the
purpose of lobbying outside a duly noticed public meeting or hearing, and the log, at a
minimum, reflects the name of the lobbyist, the date of the lobbying activity, whether the
lobbyist indicates he or she is registered, and the subject matter discussed. Each such log
shall be maintained and made available consistent with public record requirements.
(b) Commissioners or County personnel shall not knowingly permit a person who is not
registered pursuant to this subsection to lobby the Commissioner or his or her staff, or
the relevant committee, board, or County personnel.
(c) Notwithstanding the foregoing, and except as otherwise provided herein, the validity of
any action or determination of the Board of County Commissioners or County personnel,
board, or committee shall not be affected by the failure of any person to register as a
lobbyist or otherwise comply with the provisions of subsection (s).
(Ord. No. 86-24, § 1, 4-1-86; Ord. No. 91-22, § 1, 2-19-91; Ord. No. 92-27, § 1, 4-21-92; Ord. No. 95-21, § 1, 2-7-
95; Ord. No. 98-73, § 1, 6-2-98; Ord. No. 98-76, § 1, 6-2-98; Ord. No. 00-19, § 1, 2-8-00; Ord. No. 01-93, § 1, 5-
22-01; Ord. No. 01-162, § 1, 10-23-01; Ord. No. 10-03, § 1, 1-21-10; Ord. No. 10-04, § 1, 1-21-10; Ord. No. 10-
34, § 1, 6-3-10; Ord. No. 10-56, § 1, 9-21-10; Ord. No. 12-10, § 1, 3-6-12; Ord, No. 12-63, § 1, 9-6-12; Ord. No.
21-73, § 1, 7-20-21)
(t) Cone of Silence.
1. Contracts for the provision of goods and service other than audit and independent private
sector inspector general (IPSIG) contracts.
(a) "Cone of Silence" is hereby defined to mean a prohibition on:
(i) Any communication regarding a particular RFP, RFQ or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and the County's professional
staff including, but not limited to, the County Mayor and his or her staff;
(ii) Any communication regarding a particular RFP, RFQ or bid between County
Commissioners or their respective staffs and any member of the County's professional
staff, other than any professional staff member who is designated by the County
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(iii) Any communication regarding a particular RFP, RFQ or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and any member of the
selection committee therefor;
(iv) Any communication regarding a particular RFP, RFQ or bid between the Mayor, County
Commissioners or their respective staffs and any member of the selection committee
therefor;
(v) Any communication regarding a particular RFP, RFQ or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and County Commissioners
and their respective staffs; and
(vi) Any communication regarding a particular RFP, RFQ, or bid between any member of
the County's professional staff and any member of the selection committee therefore.
The County Mayor and the Chairperson of the selection committee may communicate
about a. particular selection recommendation, but only after the committee has submitted
an award recommendation to the Mayor and provided that should any change occur in
the committee recommendation, the content of the communication and of the
corresponding change as well as the reasons for such change shall be described in writing
and filed by the Mayor with the Clerk of the Board and be included in any
recommendation submitted by the Mayor to the Board of County Commissioners.
Notwithstanding the foregoing, the Cone of Silence shall not apply to:
(i) Competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds
administered by the Miami -Dade County Office of Community and Economic
Development and the community -based organization (CBO) competitive grant
processes administered by the Park and Recreation, Library, Water and Sewer, and
Solid Waste Management Departments, Cultural Affairs and Tourist Development
Councils and the Miami -Dade County Environmental Resources Management division
of the Regulatory and Economic Resources Department;
(ii) Communications with the County Attorney and his or her staff;
(iii) Communications between a potential vendor, service provider, bidder, consultant or
lobbyist and employees of the Management and Technical Assistance Unit of the Small
Business Development Division regarding small business and/or minority business
programs, the Community Business Enterprise and Equitable Distribution Programs;
(iv) Communications between a potential vendor, service provider, bidder, consultant or
lobbyist and employees responsible for administering disadvantaged business
enterprise programs in County departments receiving federal funds, provided the
communications are limited strictly to matters of programmatic process or procedure;
Submitted into the public
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(v) Duly noticed site visits to determine the competency of kbidders Lgafcdil1` a partG�c rja-rierk
bid during the time period between the opening of bids and the time the County
Mayor makes his or her written recommendation;
(vi) Any emergency procurement of goods or services pursuant to Implementing Order 3-
38;
(vii) Communications regarding a particular RFP, RFQ or bid between any person and the
Vendor Information Center staff, the procurement agent or contracting officer
responsible for administering the procurement process for such RFP, RFQ or bid,
provided the communication is limited strictly to matters of process or procedure
already contained in the corresponding solicitation document;
(viii) Communications between a potential vendor, service provider or bidder and
employees of the Strategic Procurement Department or other department identified
in the solicitation document as the issuing department;
(ix) Consultations by employees of the Strategic Procurement Department with
professional procurement colleagues in determining an appropriate approach or
option involving a solicitation in progress; and
(x) Communications regarding a particular RFP, RFQ or bid between County
Commissioners or their respective staffs and the County Mayor or any member of the
County's professional staff designated by the County Mayor to engage in such
communications.
(b) Procedure.
(i) A Cone of Silence shall be imposed upon each RFP, RFQ and bid after the
advertisement of said RFP, RFQ or bid. At the time of imposition of the Cone of Silence,
the County Mayor or his or her designee shall provide for public notice of the Cone of
Silence. The County Mayor shall issue a written notice thereof to the affected
departments, file a copy of such notice with the Clerk of the Board, with a copy
thereof to each Commissioner, and shall include in any public solicitation for goods
and services a statement disclosing the requirements of this ordinance.
(ii) The Cone of Silence shall terminate at the time the Mayor makes his or her written
recommendation to the County Commission; provided, however, that if the
Commission refers the Mayor's recommendation back to the Mayor or staff for further
review, the Cone of Silence shall be reimposed until such time as the Mayor makes a
subsequent written recommendation. The foregoing notwithstanding, for contracts
and purchases which the County Mayor has the delegated authority to award under
Section 2-8.1(b) of this Code, the Cone of Silence shall terminate: (i) at the time the
award recommendation letter is issued and filed with the Clerk of the Board for such
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contracts and purchases involving the expenditure of over one hundred thousand dollars ($100,000); (ii) at
the time the written award recommendation is posted in accordance with Section III of Implementing Order
3-21 for such contracts or purchases involving the expenditure of over $25,000 up to $100,000; or (iii) at the
time the award recommendation is issued in accordance with Section IV of Implementing Order 3-21 for
contracts and purchases involving the expenditure of $25,000 or less.
(iii) While the Cone of Silence is in effect, County Staff shall create a written record of any
oral communications with potential vendor, service provider, bidder, lobbyist, or
consultant related to or regarding a solicitation, bid, proposal, or other competitive
process. The record shall indicate the date of such communication, the persons to
whom staff communicated, and a general summation of the communication. This
subsection applies to all communications made while the Cone of Silence is in effect
for a particular solicitation.
(c) Exceptions.
(i) The provisions of this ordinance shall not apply to oral communications at pre -bid
conferences, oral presentations before selection committees duly noticed as a public
meeting, recorded contract negotiations and contract negotiation strategy sessions in
compliance with the exemption in Florida Statutes Section 286.0113, any portion of a
meeting discussing an unsolicited proposal in compliance with the exemptions in
section 255.065, Florida Statutes, public presentations made to the Board of County
Commissioners during any duly noticed public meeting or communication in writing at
any time with any County employee, official or member of the Board of County
Commissioners unless specifically prohibited by the applicable RFP, RFQ or bid
documents. The bidder or proposer shall file a copy of any written communication
with the Clerk of the Board. The Clerk of the Board shall make copies available to any
person upon request.
2. Audit and IPSIG contracts.
(a) "Cone of Silence" is hereby defined to mean a prohibition on any communication
regarding a particular RFP, RFQ or bid between a potential vendor, service provider,
bidder, lobbyist, or consultant and the Mayor, County Commissioners or their respective
staffs and any member of the County's professional staff including, but not limited to, the
County Mayor and his or her staff. Notwithstanding the foregoing, the Cone of Silence
shall not apply to (a) communications with the County Attorney and his or her staff; (b)
communications between a potential vendor, service provider or bidder and employees of
the Strategic Procurement Department or its successor department or other department
identified in the solicitation document as the issuing department; and (c) consultations by
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employees of the Strategic Procurement Department or its successor department with professional
procurement colleagues in determining an appropriate approach or option involving a solicitation in
progress.
(b) Except as provided in Subsections 2(c) and 2(d) hereof, a Cone of Silence shall be imposed
upon each RFP, RFQ and bid for audit and IPSIG services after the advertisement of said
RFP, RFQ or bid. At the time of the imposition of the Cone of Silence, the County Mayor or
his or her designee shall provide for the public notice of the Cone of Silence. The Cone of
Silence shall terminate when the County Mayor executes a particular audit or IPSIG
contract.
(c) Nothing contained herein shall prohibit any bidder or proposer: (i) from making public
presentations at duly noticed pre -bid conferences or before duly noticed selection
committee meetings; (ii) from engaging in recorded contract negotiations in compliance
with the exemption in Florida Statutes Section 286.0113; or (iii) from communicating in
writing with any County employee or official for purposes of seeking clarification or
additional information from, subject to the provisions of the applicable RFP, RFQ or bid
documents. Any recordings made pursuant to this section shall be made available, as a
public record, upon the conclusion of the selection committee or negotiation meetings
notwithstanding the elapsed time from bid or proposal opening. The bidder or proposer
shall file a copy of any written communication with the Clerk of the Board. The Clerk of the
Board shall make copies available to the general public upon request.
(d) Nothing contained herein shall prohibit any lobbyist, bidder, proposer or other person or
entity from publicly addressing the Board of County Commissioners during any duly
noticed public meeting regarding action on any audit or IPSIG contract. The County Mayor
shall include in any public solicitation for auditing or IPSIG services a statement disclosing
the requirements of this ordinance.
3. Penalties. In addition to the penalties provided in subsections (s) and (v) hereof, violation of
this subsection (t) by a particular bidder or proposer shall render any RFP award, RFQ award
or bid award to said bidder or proposer voidable. Any person who violates a provision of this
ordinance shall be prohibited from serving on a Miami -Dade County competitive selection
committee. In addition to any other penalty provided by law, violation of any provision of this
ordinance by a Miami -Dade County employee shall subject said employee to disciplinary
action up to and including dismissal. Additionally, any person who has personal knowledge of
a violation of this ordinance shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission.
4. The requirements of Section 2-11.1(t) shall not apply to any municipality in Miami -Dade
County that has adopted an ordinance providing that the cone of silence shall not apply to
that municipality. Any municipality that opts out of the requirements of Section 2-11.1(t) shall
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5. Within thirty days of a recommendation from a selection committee, the County Mayor or his
designee shall either appoint a negotiation committee or take other affirmative action with
respect to the solicitation, including but not limited to rejection of proposals or
recommendation for award. In the event that negotiations have not commenced within thirty
days, or if such other affirmative action has not been taken within thirty days, the County
Mayor or his designee shall report such event, and the reasons therefore, to the Board of
County Commissioners. Additionally, the County Mayor or his designee shall present the Clerk
of the Board with a recommendation for award, or a recommendation to reject proposals,
within ninety days from the date a selection committee makes a recommendation. In the
event that the County Mayor or his designee has not provided such recommendation to the
Clerk of the Board within ninety days, the County Mayor or his designee shall provide a report
on the status of the solicitation to the Board of County Commissioners, including the reasons
for any delay.
(Ord. No. 98-106, § 1, 7-21-98; Ord. No. 99-1, § 1, 1-21-99; Ord. No. 00-149, § 1, 11-28-00; Ord. No. 01-149, §
1, 9-25-01; Ord. No. 01-150, § 1, 9-25-01; Ord. No. 02-3, § 1, 1-29-02; Ord. No. 04-77, § 1, 4-27-04; Ord. No.
08-111, § 1, 10-7-08; Ord. No. 17-94, § 3, 12-5-17; Ord. No. 23-67, § 3, 9-6-23)
(u) Prohibition on certain business transactions. No person who is serving as an elected county
official or a member of the staff of an elected county official, or as county manager, senior
assistant to the county manager or department director shall enter into a business transaction
with any person or entity that has a contract with Miami -Dade County or any shareholder,
partner, officer, director or employee of said contractor, unless said business transaction is an
arm's length transaction made in the ordinary course of business. The provisions of this
subsection (u) shall not apply to a business transaction between an elected county official, a
member of the staff of an elected county official, the county manager, a senior assistant to the
county manager or a department director and a not -for -profit entity. As used herein, a
"shareholder" shall mean any person owning ten (10) percent or more of the outstanding capital
stock of any corporation. As used herein, "elected county official" shall mean the mayor, county
commissioners and community council members. As used herein, "business transaction" shall
mean any contract wherein persons either sell, buy, deal, exchange, rent, lend or barter real,
personal or intangible property, money or any other thing of value, or render services for value.
(v) Voting Conflicts. Members of Advisory and Quasi-judicial Boards. No person included in the terms
defined in subsections (b)(3) (quasi-judicial personnel) and (b)(4) (advisory personnel) shall vote
on any matter presented to an advisory board or quasi-judicial board on which the person sits if
the board member will be directly affected by the action of the board on which the member
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serves, and the board member has any of the following relationships with any of the persons or entities
appearing before the board: (i) officer, director, partner, of counsel, consultant, employee, fiduciary or
beneficiary; or (ii) stockholder, bondholder, debtor or creditor.
(w) Prohibition on acceptance of travel expenses from county vendors. Notwithstanding any other
provision of this section, no person included in subsections (b)(1)(Mayor and Commissioners), (b)
(5)(departmental personnel) or (b)(6) (employees) shall accept, directly or indirectly, any travel
expenses including, but not limited to, transportation, lodging, meals, registration fees and
incidentals from any county contractor, vendor, service provider, bidder or proposer. The Board
of County Commissioners may waive the requirements of this subsection by a majority vote of
the Commission. The provisions of this subsection (w) shall not apply to travel expenses paid by
other governmental entities or by organizations of which the County is a member if the travel is
related to that membership.
(x) Prohibition on county employees and departmental personnel performing contract -related
duties. No person included in subsections (b)(5)(departmental personnel) and (b)(6) (employees),
who was previously employed by or held a controlling financial interest in a for -profit firm,
partnership or other business entity (hereinafter "business entity") shall, for a period of two years
following termination of his or her prior relationship with the business entity, perform any county
contract -related duties regarding the business entity, or successor in interest, where the business
entity is a county bidder, proposer, service provider, contractor or vendor. As used in this
subsection (x), "contract -related duties" include, but are not limited to: service as a member of a
county certification, evaluation, selection, technical review or similar committee; approval or
recommendation of award of contract; contract enforcement, oversight or administration;
amendment, extension or termination of contract; or forbearance regarding any contract.
Notwithstanding the foregoing, the provisions of this subsection (x) shall not apply to the County
Manager or the Director of Procurement Management.
(y) Powers and jurisdiction of Ethics Commission. The Ethics Commission shall be empowered to
review, interpret, render advisory opinions and letters of instruction and enforce the Conflict of
Interest and Code of Ethics Ordinance. jurisdiction of the Ethics Commission shall automatically
extend to Commissioners, the Mayor, autonomous personnel, quasi-judicial personnel,
departmental personnel, employees, contract staff, advisory personnel, immediate family,
lobbyists as defined in subsections (b) and (s) who are required to comply with the Conflict of
Interest and Code of Ethics Ordinance; proposers as defined in subsection (e) that are required to
comply with the Conflict of Interest and Code of Ethics Ordinance; and any other person required
to comply with the Conflict of Interest and Code of Ethics Ordinance including, but not limited to,
contractors, consultants and vendors. In the event that the Ethics Commission does not assume
jurisdiction as provided in the preceding sentence, the Ethics Commission may refer the
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complaint to the State Attorney for appropriate action. Notwithstanding the foregoing, the Ethics
Commission shall not have jurisdiction to consider an alleged violation of subsection (c) if the requirements
of subsection (c) have been waived for a particular transaction as provided therein.
(Ord. No. 10-48, § 1, 7-8-10; Ord. No. 21-62, § 1, 7-8-21)
(z) Prohibition on participation in settlement negotiations. Neither the Mayor, a County
Commissioner nor any member of their staff shall participate in settlement negotiations of claims
or lawsuits, including but not limited to contract scope or compensation adjustments involving
the County without prior approval of the Board of County Commissioners.
(aa) CountyAttorney's Office participation in contract adjustments. County staff shall request the
participation of the County Attorneys Office to provide legal advice regarding scope or
compensation adjustments which increase by more than one million dollars ($1,000,000.00), the
value of a construction contract or a contract involving the purchase of goods or services.
(bb) Affidavit and Ethics Course. Each person who is elected to serve as a member of the Board of
County Commissioners or as Mayor of Miami -Dade County shall execute an affidavit, on a form
prepared by the Ethics Commission, stating that he or she has read the Miami -Dade County
Conflict of Interest and Code of Ethics Ordinance and agrees to comply with the provisions of said
ordinance. Each elected official covered by the requirements of this subsection shall file the
required affidavit with the Ethics Commission prior to being sworn into office. Each elected
official, as defined in subsection (b)(1), shall, within ninety (90) days after being sworn into office,
submit to the Clerk of the Board a certificate of completion of an ethics course offered by the
Miami -Dade County Commission on Ethics and Public Trust ("Ethics Course"). Each employee of
the County, as defined in subsections (b)(5) and (b)(6), shall within one hundred and eighty (180)
days of the effective date of this ordinance or within sixty (60) days after being hired by the
County, submit to the Clerk of the Board a certificate of completion of an Ethics Course offered by
the Miami -Dade County Commission on Ethics and Public Trust. Employees shall be required to
complete a refresher Ethics Course every two years thereafter. Each employee who has
completed a refresher Ethics Course shall submit to the Clerk of the Board a certificate of
completion. The Ethics Course shall include, but not be limited to, a review of the following topics:
the Conflict of Interest and Code of Ethics Ordinance; the Sunshine Law; the Public Records Law
and the Citizens' Bill of Rights. The requirements of this subsection (bb) relating to the Ethics
Course for employees shall not be applicable to any municipality in Miami -Dade County unless
said municipality has adopted an ordinance providing for the Ethics Course, and has entered into
an interlocal agreement with the County authorizing the Ethics Commission to provide the Ethics
Course provided for in this subsection.
(Ord. No. 12-11, § 1, 3-6-12; Ord, No. 13-50, § 1, 6-4-13)
(cc) Penalty.
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(1) Proceeding before Ethics Commission. A finding by the Ethics Commission that erson has
violated this section shall subject said person to an admonition or public reprimand and/or a
fine of five hundred dollars ($500.00) for the first such violation and one thousand dollars
($1,000.00) for each subsequent violation. Where the Ethics Commission finds that a person
has intentionally violated this section and determines that a fine is appropriate, said person
shall be subject to a fine of one thousand dollars ($1,000.00) for the first such violation and
two thousand dollars ($2,000.00) for each subsequent violation. Actual costs incurred by the
Ethics Commission, in an amount not to exceed five hundred dollars ($500.00) per violation,
may be assessed where the Ethics Commission has found an intentional violation of this
section. The Ethics Commission may also order the person to pay restitution when the person
or a third party has received a pecuniary benefit as a result of the person's governed by an
administrative order adopted by the County Commission and rules of procedure promulgated
by the Ethics Commission.
(2) Prosecution by State Attorney in State court. Every person who is convicted of a violation of
this section in State court shall be punished by a fine not to exceed five hundred dollars
($500.00) or imprisonment in the County jail for not more than thirty (30) days, or by both
such fine and imprisonment.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-26, § 1, 3-20-73; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 86-24, § 2, 4-
1-86; Ord. No. 91-22, § 1, 2-19-91; Ord. No. 92-27, § 1, 4-21-92; Ord. No. 95-21, § 1, 2-7-95; Ord. No. 97-105, §
2, 7-8-97; Ord. No. 98-73, § 1, 6-2-98; Ord. No. 98-76, § 1, 6-2-98; Ord. No. 98-106, § 1, 7-21-98; Ord. No. 98-
125, § 1, 9-3-98; Ord. No. 99-150, § 1, 11-2-99; Ord. No. 00-46, § 1, 4-11-00; 00-149, § 1, 11-28-00; Ord. No. 01-
199, § 1, 12-4-01; Ord. No. 03-73, § 1, 4-8-03; Ord. No. 03-107, § 1, 5-6-03; Ord. No. 03-140, § 1, 6-3-03; Ord.
No. 04-55, § 1, 3-16-04; Ord. No. 04-119, § 1, 6-8-04; Ord. No. 04-204, § 1, 12-2-04; Ord. No. 05-71, § 1, 4-5-05;
Ord. No. 06-148, § 1, 10-10-06; Ord. No. 10-11, § 1, 2-2-10; Ord. No. 10-48, § 1, 7-8-10; Ord. No. 13-53, § 1, 6-
4-13; Ord. No. 14-96, § 1, 10-7-14)
Editor's note- Ord. No. 72-82, § 1, amended this Code by repealing former § 2-11.1 relative to County
officers and employees transacting business with the County and enacted in lieu thereof a new § 2-11.1 as
herein set out. Former § 2-11.1 was derived from Ord. No. 59-44, §§ 2-5, adopted Dec. 1, 1959.
Annotations -AO 771; CAO's 76-8, 76-32, 76-36, 76-39, 76-43, 76-46, 76-50, 76-55, 77-1, 77-9, 77-14, 77-16,
77-19, 77-26, 77-33, 77-37, 77-40, 77-41, 77-44, 77-52, 77-53, 77-56, 77-63, 77-68, 78-2, 78-10, 78-11, 78-12,
78-17, 78-25, 78-33, 78-44, 78-47, 78-53, 78-54, 79-6, 79-7, 79-12, 79-16, 79-19, 79-32, 79-37, 80-3, 80-4, 80-
11, 80-21, 80-24, 80-25, 80-28, 80-29, 81-4, 81-13, 81-18, 81-22, 81-31, 81-38, 82-1, 82-10, 82-13, 82-19, 82-24,
82-25, 82-28, 82-29, 83-2, 83-6, 83-11, 83-22, 85-8.
State Law reference- Code of ethics for public officers and employees, F.S. § 112.311 et seq.
Sec. 2-611. - Applicability of article.
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This article shall be applicable to and binding upon every officer, official and employee of the city,
including every member of any board, commission or agency of the city.
(Code 1967, § 2-101; Code 1980, § 2-301)
Sec. 2-612. - Transacting business with city; appearances before city boards; post -employment restrictions;
participation in the award of certain contracts under the procurement ordinance; penalties, etc.
(a) No person included in section 2-611 shall enter into any contract or transact any business with
the city or any person or agency acting for the city, or shall appear in representation of any third
party before any board, commission or agency of which such person is a member. No employee
shall appear in any capacity on behalf of any third party before any board, commission or agency
of the city. Any such contract or agreement entered into or appearance made in violation of this
section shall render the transaction voidable. However this section shall not apply to an employee
participating in federal economic development programs, the community development block
grant assisted single family rehabilitation loan program, or the various affordable housing
programs assisted through the home investment partnership program and state housing
initiatives partnership program administered by the department of community development
provided that the employee meets all criteria of the program and provided that the city manager
approves the participation of the employee and that the employee is identified as being an
employee of the city in applicable documents.
(b) The word "person" appearing in subsection (a) of this section shall include officers, officials and
employees as set forth in section 2-611 hereof and the following family members of such
"person": spouse, son, daughter, parent, brother or sister.
(c) The prohibition upon activity which is set forth in subsections (a) and (b) of this section shall
remain in effect for a period of two years after the officer, official, or employee has left city
service or terminated city employment.
(d) The director of the department and/or his/her designee and/or the members of the selection
committee who are city employees recommending a contract award of not less than $500,000.00,
shall be restricted for a two-year period, after the director and/or his/her designee and/or the
member has left city service or terminated city employment, from receiving compensation or
employment from any contractual party when the director and/or his/her designee and/or the
member participated in the award of the contract subject to the procurement ordinance of the
city, including without limitation waivers, with the following conditions and definitions:
(1) The word "member" as used in this section shall include all city employees who are members
of the selection committee which has recommended a contract award;
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(2) The word "director" shall mean the director, or his/her designee, of any city d partment,
division, authority, board, or office recommending a contract award, and with respect to the
boards referenced in section 18-72, the executive director of such board, or his/her designee,
providing, however, that this section shall not apply to the community redevelopment agency;
(3) The word "director" shall exclude the city manager and the chief procurement officer as
defined in section 18-73;
(4) This section shall not preclude the member or director, or his/her designee, from working for
the contractual party on an entirely unrelated contract. The phrase "contractual party" is
defined in section 18-73. The employment or contractual relationship cannot relate directly to
the contract that was recommended by the selection committee in which the member
participated and/or that was recommended by the director or his/her designee.
(e) Penalties. A violation of this ordinance may be punished by imposition of the maximum fine
and/or penalties allowed by law. Additionally, violations may be considered by and subject to
action by the Miami -Dade County Commission on Ethics.
(Code 1967, § 2-102; Ord. No. 9015, § 1, 11-8-79; Ord. No. 10823, § 2, 1-10-91; Code 1980, § 2-302; Ord. No.
11755, § 2, 2-9-99; Ord. No. 11816, § 2, 7-13-99; Ord. No. 11908, § 2, 4-13-00; Ord. No. 12401, § 1, 9-11-03;
Ord. No. 12892, § 2, 3-8-07; Ord. No. 13676, § 2, 4-27-17)
Editor's note— Ord. No. 12892, § 2, adopted March 8, 2007, changed the title of § 2-612 from "Transacting
business with the city; appearances before city boards, etc." to "Transacting business with city; appearances
before city boards; post -employment restrictions; participation in the award of certain contracts under the
procurement ordinance; penalties, etc."
State Law reference— Doing business with one's agency, F.S. § 112.313(13), (14).