HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
First Reading
File ID: #2987
Date: 10/03/2017
Commission Meeting Date: 02/08/2018
Type: Ordinance
Subject: Amend Code - Exclude Anti -
Poverty Initiative Funds
Requesting Department: Department of
Procurement
Sponsored By:
District Impacted: All
PURPOSE OF ITEM:
An Ordinance of the Miami City Commission amending Chapter 18, Article III, Section
18-72, entitled "Application and Exclusions" of the Code of the City of Miami ("City"),
Florida entitled "Finance/City of Miami Procurement Ordinance" to exclude Anti -Poverty
Initiative funds, up to $50,000.00 in a fiscal year, to not for profit entities; providing a
severability clause and providing for an immediate effective date.
BACKGROUND INFORMATION:
Chapter 18, Article III 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. The City of Miami Anti -Poverty
Initiative is intended to inject economic support to entities assisting low income
individuals in obtaining or sustaining financial security. It is in the City's best interest to
exclude the Anti -Poverty Initiative funds, up to $50,000 in a fiscal year in the aggregate,
per not -for profit entity, as many of these not -for -profit entities do not have the resources
to adequately respond to a competitive bid, while assisting the people in the community
in need.
Budget Impact Analysis
Item has NO budget impact
City Commission
Department of Procurement
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
City of Miami
Reviewed B
Nicole Ewan
Lydia Osborne
Jacques Joseph
Christopher M Rose
Fernando Casamayor
Daniel J. Alfonso
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Nicole Ewan
Valentin J Alvarez
Barnaby L. Min
Victoria Mendez
Meeting
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Legislative Division Review
Deputy Attorney Review
Approved Form and Correctness
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
10/26/2017 9:00 AM
12/07/2017 10:59 AM
12/11/2017 12:57 PM
12/12/2017 1:33 PM
12/15/2017 3:40 PM
12/18/2017 12:25 PM
12/26/2017 3:13 PM
01/02/2018 5:17 PM
01/02/2018 5:46 PM
01/11/2018 9:00 AM
01/12/2018 2:48 PM
01/12/2018 2:56 PM
01/25/2018 5:48 PM
File ID: 2987 (Revision: A) Printed On: 3/28/2025
City Commission Nicole Ewan Meeting Completed 02/08/2018 9:00 AM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 02/20/2018 10:05 AM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 02/20/2018 10:24 AM
Office of the City Clerk City Clerk's Office Rendered Completed 02/20/2018 10:24 AM
City of Miami File ID: 2987 (Revision: A) Printed On: 3/28/2025
City of Miami
Legislation
Ordinance
Enactment Number:13744
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2987 Final Action Date: 2/8/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 18/ARTICLE III/SECTION 18-72 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI
PROCUREMENT ORDINANCE/APPLICATION AND EXCLUSIONS," BY
AMENDING SECTION 18-72(B) TO EXCLUDE FROM THE
REQUIREMENTS OF THE CITY OF MIAMI PROCUREMENT
ORDINANCE ANTI -POVERTY INITIATIVE AND SOCIAL SERVICE GAP
ALLOCATIONS OF UP TO $50,000.00 IN ANY ONE (1) FISCAL YEAR
PROVIDED TO ANY SINGLE ENTITY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 18, Article III of the Code of the City of Miami, Florida, as amended
("City Code"), commonly 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 allocates certain funds to support entities assisting low
income individuals in obtaining or sustaining financial security; and
WHEREAS, many of these entities do not have the resources to adequately respond to
a competitive bid while assisting the people in the community in need; and
WHEREAS, at its January 11, 2018 meeting, the City Commission, by a four -fifths
(4/5ths) affirmative vote, waived the requirements of Resolution No. 16-0303 providing that any
amendment to the City Code sponsored or co -sponsored by the City Administration shall be
published at least sixty (60) days prior to First Reading to allow for public comment;
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 hereby amended in the following
particulars:'
"CHAPTER 18
FINANCE
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.
City of Miami
File ID: 2987 (Revision: A) Printed On: 3/28/2025
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
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.
(20) Aggregate of Anti -Poverty Initiative Funds in an amount up to $50,000.00 in any
single City fiscal year to any single entity.
(21) Aggregate of Social Service Gap Funds in an amount up to $50,000.00 in any single
City fiscal year to any single entity.
*„
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.
City of Miami File ID: 2987 (Revision: A) Printed On: 3/28/2025
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 File ID: 2987 (Revision: A) Printed On: 3/28/2025