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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-00074 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 /ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST," MORE PARTICULARLY BY AMENDING SECTION 2-612 TO PROVIDE LIMITED EXCLUSIONS FROM THE PROHIBITION OF TRANSACTING BUSINESS WITH THE CITY OF MIAMI ("CITY") BY EMPLOYEES OF THE CITY AND BOARD MEMBERS OF THE CITY; CONTAINING A SEVERABILITY PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami City Commission desires to recruit and retain skilled employees and board members for public service and commitment; and WHEREAS, to recruit and retain these skilled employees and board members, certain revisions to the prohibition of transacting business with the City are necessary; and WHEREAS, these proposed revisions to the prohibition of transacting business with the City currently conform to the same standards promulgated by Miami -Dade County and its Commission on Ethics and Public Trust; 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/Section 2-612 of the Code of the City of Miami, Florida, as amended entitled "Administration/Conflicts of Interest" is amended in the following particulars:{1} "Chapter 2 ADMINISRATION ARTICLE V. Conflicts of Interest Sec. 2-611. Applicability of article. This article shall be applicable to and binding upon every officer, official and employee of the city, City of Miami Page 1 of 4 File Id: 09-00074 (Version: 2) Printed On: 9/24/2024 File Number: 09-00074 including every member of any board, commission or agency of the city. Sec. 2-612. Transacting business with city; appearances before city boards; limited exclusions; post -employment restrictions; participation in the award of certain contracts under the procurement ordinance; penalties, etc. (a) Except as provided in subsections (d) and (e), no person included in section 2-611, individually or through a firm, corporation, partnership or business entity, 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 city and any other housing programs administered by the city, 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; subject to the provisions in subsection (d) herein. (b) The term "transact any business" as used in this section shall refer to the purchase or sale by the city of specific goods or services for a consideration. (b) (c) 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 immediate family members of such "person": spouse, son, daughter, parent, brother or sister. (d) Notwithstanding any provision to the contrary herein, subsection (a) shall not be construed to prevent any employee or his/her immediate family member as defined by subsection (c) from entering into any contract, individually or through a firm, corporation, partnership or business entity in which the employee or any member of his/her immediate family has a controlling financial interest, with the city or any person or agency acting for the city, as long as (1) entering into the contract would not interfere with the full and faithful discharge by the employee of his/her duties to the city, (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/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/her immediate family member to enter into a contract with the city or any person or agency acting for the city, if the employee works in the city department which will enforce, oversee or administer the subject contract. (e) Notwithstanding any provision to the contrary herein, subsection (a) shall not be construed to prohibit any board member 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/her immediate family has a controlling financial interest, with the city or any person or agency acting for the city. However, any board member is prohibited from contracting with his/her own board or any agency or department City of Miami Page 2 of 4 File Id: 09-00074 (Version: 2) Printed On: 9/24/2024 File Number: 09-00074 of the city subject to the regulation, oversight, management, policy -setting or quasi-judicial authority of the board of which the person is a member. (f) The term "controlling financial interest" refers to ownership, directly or indirectly, of 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. (c) (g) The prohibition upon activity which is set forth in subsections (a) and (b) and (c) 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) (h) 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: (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; (2) The word "director" shall mean the director, or his/her designee, of any city department, 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) (i) 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. Sec. 2-613. Accepting gifts, etc., from persons contracting, etc., with city. Every officer, official or employee of the city, including every member of any board, commission or agency of the city, is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the city. Sec. 2-614. Waiver of requirements of article. (a) The requirements of this article may be waived for a particular transaction or transactions only by an affirmative vote of four -fifths of the members of the city commission after public hearing. Such City of Miami Page 3 of 4 File Id: 09-00074 (Version: 2) Printed On: 9/24/2024 File Number: 09-00074 waiver may be effected only after findings by four -fifths of the members of the city commission, as follows: (1) An open -to -all sealed competitive bid has been submitted by a city person as set forth in section 2-611 hereof; or (2) The bid has been submitted by a person or firm offering services within the scope of practice of architecture, landscape architecture, professional engineering or registered land surveying, as defined by the laws of the state and pursuant to provisions of the Consultant's Competitive Negotiation Act as are now in force and as may be hereinafter enacted, and when the bid has been submitted by a city person as set forth in section 2-611 hereof; or (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering into a transaction which would violate this section but for waiver of its requirements; and (4) The proposed transaction will be to the best interest of the city. (b) Such findings shall be spread on the minutes of the commission. This section shall be applicable only to prospective transactions, and the commission may in no case ratify a transaction entered in violation of this section. (c) This section shall be taken to be cumulative and shall not be construed to amend or repeal any other section or ordinance pertaining to the same subject matter. *11 Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File Id: 09-00074 (Version: 2) Printed On: 9/24/2024