HomeMy WebLinkAboutO-12892City of Miami
Legislation
Ordinance: 12892
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02276 Final Action Date: 3/8/2007
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/
ARTICLE V/SECTION 2-612 ENTITLED "ADMINISTRATION/CONFLICTS OF
INTEREST/TRANSACTING BUSINESS WITH CITY; APPEARANCES BEFORE
CITY BOARDS, ETC." TO RESTRICT DIRECTORS, AND/OR THE SELECTION
COMMITTEE MEMBERS, AS DEFINED HEREIN, FORA PERIOD OF TWO YEARS
AFTER THE DIRECTOR OR MEMBER HAS LEFT CITY SERVICE OR
TERMINATED CITY EMPLOYMENT, WHO PARTICIPATED IN THE AWARD OF
CONTRACTS FOR AN AMOUNT NOT LESS THAN $500,000, PURSUANT TO THE
PROCUREMENT ORDINANCE, INCLUDING WITHOUT LIMITATION WAIVERS,
FROM RECEIVING COMPENSATION OR EMPLOYMENT FROM ANY
CONTRACTUAL PARTY RELATING DIRECTLY TO CONTRACTS IN WHICH THE
DIRECTOR AND/OR HIS DESIGNEE AND/OR THE MEMBERS PARTICIPATED IN
THE AWARD OF THE CONTRACT; PROVIDING FOR PENALTIES; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in order to protect the integrity of the City of Miami's ("City's") procurement
process, it is necessary to adopt regulations pertaining to certain employees that recommend the
award of contracts arising under the Procurement Ordinance, including waivers of the Ordinance to
contracts to which it would normally apply; and
WHEREAS, this Ordinance is narrowly drawn to prevent the referenced employees from
leaving their employment by the City and then proceeding to work for the contracting party on the
same contract, project or matter for two years afterwards; and
WHEREAS, this Ordinance is in the City's best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
and incorporated as if fully set forth in this Section.
Section 2. Chapter 2/ Article V/ Section 2-612 of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:{1}
"Chapter 2
ADMINISTRATION
City of Miami
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File Number: 06-02276 Enactment Number: 12892
ARTICLE V. CONFLICTS OF INTEREST
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.
(d) The Director of the Department and/or his 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 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 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:
i. 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;
ii.The word 'Director" shall mean the Director, or his/her designee, of any City of Miami
department, division, authority, board, or office recommending a contract award; and with
respect to the boards referenced in section 18-72 of the Procurement Ordinance, the Executive
Director of such board, or his/her designee; providing, however, that this ordinance shall not
apply to the Community Redevelopment Agency;
iii. The word "Director" shall exclude the City Manager and the Chief Procurement Officer as
defined in section 18-73 of the Procurement Ordinance;
iv. 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 of the Procurement Ordinance. 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.
Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
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File Number: 06-02276 Enactment Number: 12892
declared invalid, the remaining provisions of the Ordinance are repealed.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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