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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01459
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE V/SECTION 2-612, OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF
INTEREST/TRANSACTING BUSINESS WITH CITY; APPEARANCES BEFORE
CITY BOARDS, ETC.," TO RESTRICT CITY EMPLOYEES, FOR A PERIOD OF
TWO YEARS AFTER SAID EMPLOYEE HAS LEFT CITY SERVICE OR
TERMINATED CITY EMPLOYMENT, WHO PARTICIPATE IN THE AWARD OF
CONTRACTS PURSUANT TO THE PROCUREMENT ORDINANCE FROM
RECEIVING COMPENSATION OR EMPLOYMENT FROM THE EMPLOYEE'S
PARTICIPATION IN THE AWARD OF THE CONTRACT; 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 handle contracts; 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
ARTICLE V. CONFLICTS OF INTEREST
* * *
Sec. 2-612. Transacting business with city; appearances before city boards, etc.
* * *
(d) Effective , a city employee who participates in the award of a contract in excess of
one million dollars ($1,000,000), or any one amendment in excess of one million dollars ($1,000,000),
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File Number: 06-01459
shall be restricted, for a 2-year period after said employee has left city service or terminated city
employment, from accepting compensation or employment from a contractual party, as defined in the
procurement ordinance of the city. "Participation" is when an employee is able to make a decision
himself as to the expenditure of public funds for the contract subject to the procurement ordinance of
the city (including without limitation waivers) or, at minimum, makes a direct recommendation to the
city commission and/or city manager as applicable, as to the decision to extend public funds for the
award of a contract.
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
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPR'u. i?G ,. TO FORM AND • ORRECTNESS:
JOR
CITY ; T•"NEY
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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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