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Ordinance
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Miami, FL 33133
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File Number: 15-01463 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED
"FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE, MORE PARTICULARLY
BY AMENDING SECTION 18-72, ENTITLED "APPLICATION AND EXCLUSIONS"
TO EXCLUDE FEDERAL COMMUNITY AND ECONOMIC DEVELOPMENT
PROGRAMS FOLLOWING TITLE 2, SUBTITLE A, CHAPTER 2, PART 200, OF THE
CODE OF FEDERAL REGULATIONS; PROVIDING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 18, Article 1,11 of the Code of the City of Miami, Florida, as amended ("City
Code"), referred to as the Procurement Ordinance, applies to most purchases of goods and services
regardless of the source of funding; and
WHEREAS, the City of Miami Department of Community and Economic Development has
established a policy, practice and course of following the selection procedures prescribed or
recommended by the United States Code of Federal Regulations, or written policies of the United
States Department of Housing and Urban Development ("HUD") for HUD funded community
development programs; and
WHEREAS, in order to codify and clarify the long standing practice of deferring to HUD laws, rules,
regulations and policies, which set forth a selection process for HUD funded community development
programs, an amendment is being recommended for clarity, consistency and transparency;
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 by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 18/Article III of the City Code is amended in the following particulars:{1}
"CHAPTER 18
FINANCE
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-72. Application and exclusions.
(a) Application. Regardless of the source of funds, including state and federal assistance
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File Number 15-01463
monies and except as otherwise specified by law, the provisions of this article shall apply to
every purchase/procurement by:
(1) All city entities or boards, as hereinafter defined, except for the community
redevelopment agencies.
(2) The Downtown Development Authority, the department of off-street parking, Liberty City
Community Revitalization Trust, Civilian Investigative Panel, Bayfront Park Management
Trust, Virginia Key Beach Park Trust, and the Miami Sports and Exhibition Authority
(each referred to herein as the "board" or "city entity," as applicable); provided, however,
that:
a. With respect to each board, the following terms shall have the meanings ascribed to
them in this section:
1. "City" shall mean the board.
2. "City manager" shall mean the executive director of the board.
3. "Chief procurement officer" shall mean the executive director of the board or his
or her designee.
4. "City commission" shall mean the board of directors of the board.
b. The cone of silence shall not apply to any board or city entity set forth in subsection
18-72(2) herein or the community redevelopment agencies.
(b) Exclusions. This article shall not apply to:
* * *
(16) Legal services coordinated by and through the office of the city attorney citywide,
including, but not limited to: attorney services, paralegals, expert witnesses, jury
consultants, legal support services, legal research, court reporters and stenographers,
(17) Water, sewer, electrical, telecommunications or utility relocation agreements within a
prior approved easement, the construction relocation of which must be performed by the
water, sewer, electrical, telecommunications or a utility owner's representative.
(18) Actuarial services procured in accordance with subsection 40-196 <>(b)(6) of the City
Code.
(19) Community Development Block Grant ("CDBG"), Housing Opportunities for People With
AIDS ("HOPWA"), Emergency Shelter Grant ("ESG"), Neighborhood Stabilization Program
("NSP"), HOME, and similar programs (collectively "Community and Economic
Development Programs"), providing however, that Community and Economic Development
Programs shall follow 2 CFR part 200, as applicable, and as may be amended and
supplemented from time to time.
* * *
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}
APPWVED A$_TO FORM AND CORRECTNESS:
VictORIA MENDEZ
CITY ATTO
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File Number: 15-01463
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
(10) calendar 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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