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File ID: #4656
Ordinance
First Reading
Sponsored by: Francis Suarez, Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE MIAMI
SPORTS AND EXHIBITION AUTHORITY ("MSEA") BY AMENDING CHAPTER
2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(B) AND 2-
892(4)(A)(1) TO DELETE MSEA FROM SAID BOARDS; AMENDING CHAPTER
2/ARTICLE XI/DIVISION 6 OF THE CITY CODE, TITLED "SPORTS AND EXHIBITION
AUTHORITY," MORE PARTICULARLY BY REPEALING SECTIONS 2-1011
THROUGH 2-1023 IN ORDER TO ABOLISH MSEA; AND BY AMENDING CHAPTER
18/ARTICLE III OF THE CITY CODE, TITLED "FINANCE/CITY OF MIAMI
PROCUREMENT ORDINANCE," MORE PARTICULARLY BY AMENDING SECTIONS
18-72(A)(2) AND 18-74(C)(6)(R) TO DELETE MSEA FROM THE PROVISIONS OF
THE MIAMI PROCUREMENT CODE; TRANSFERRING ALL ASSETS AND
LIABILITIES TO THE CITY; ESTABLISHING A SPECIAL REVENUE ACCOUNT;
DIRECTING THE INDEPENDENT AUDITOR GENERAL TO CONDUCT AN AUDIT;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
City of Miami File ID: 4656 (Revision: A) Printed On: 4/4/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13801
File Number: 4656 Final Action Date: 10/25/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE MIAMI
SPORTS AND EXHIBITION AUTHORITY ("MSEA") BY AMENDING CHAPTER
2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS 2-887(B) AND 2-
892(4)(A)(1) TO DELETE MSEA FROM SAID BOARDS; AMENDING CHAPTER
2/ARTICLE XI/DIVISION 6 OF THE CITY CODE, TITLED "SPORTS AND EXHIBITION
AUTHORITY," MORE PARTICULARLY BY REPEALING SECTIONS 2-1011
THROUGH 2-1023 IN ORDER TO ABOLISH MSEA; AND BY AMENDING CHAPTER
18/ARTICLE III OF THE CITY CODE, TITLED "FINANCE/CITY OF MIAMI
PROCUREMENT ORDINANCE," MORE PARTICULARLY BY AMENDING SECTIONS
18-72(A)(2) AND 18-74(C)(6)(R) TO DELETE MSEA FROM THE PROVISIONS OF
THE MIAMI PROCUREMENT CODE; TRANSFERRING ALL ASSETS AND
LIABILITIES TO THE CITY; ESTABLISHING A SPECIAL REVENUE ACCOUNT;
DIRECTING THE INDEPENDENT AUDITOR GENERAL TO CONDUCT AN AUDIT;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on March 8, 2018, the Miami City Commission authorized the City Manager
to request an audit of the Miami Sports and Exhibition Authority ("MESA"); and
WHEREAS, thereafter, the City of Miami Independent Auditor General conducted a
review and audit of MSEA and on July 24, 2018, released a final audit report titled "Review of
the Miami Sports and Exhibition Authority (MSEA) Report No. 18-07" ("Audit"); and
WHEREAS, the Audit recommended that the "Office of the City Manager with assistance
from the Office of the City Attorney examine MSEA's charter and evaluate the costs and
benefits of MSEA's continued existence under Florida Statute 212.0305 — Convention
Development Taxes, since MSEA no longer receives CDT. They should determine whether or
not other City entities, with specialized expertise in grant administration and leases, such as the
Office of Grants Administration and the Department of Real Estate and Asset Management
(DREAM), could more effectively and efficiently absorb MSEA's current responsibilities of
administering several grants and three leased properties that generate approximately $150,000
in yearly income. Once a determination is made, appropriate action, if any, should be taken;"
and
WHEREAS, MSEA was established as an independent and autonomous agency and
instrumentality of the City of Miami ("City") pursuant to Ordinance No. 9662 adopted July 28,
1983 in order to promote sports, conventions, and exhibitions and to strive to generate
community support to achieve such purposes; and
City of Miami File ID: 4656 (Revision: A) Printed On: 4/4/2025
WHEREAS, the adoption of Ordinance No. 9662 was in accordance with former Florida
Statute Section 212.057 (1983) (now repealed and superseded by Florida Statute Section
212.0305); and
WHEREAS, Section 212.0305, Florida Statutes, authorizes counties to impose a
convention development tax ("CDT") on transient rentals; and
WHEREAS, Section 212.0305, Florida Statutes, further provides that in order for a
municipality to obtain any such CDTs, the governing body of such municipalities shall designate
or appoint an authority that shall have the sole power to approve the concept, location, program,
and design of the facilities or improvements to be built in accordance with the statute and to
administer and disburse such proceeds and any other related sources of revenue; and
WHEREAS, Miami -Dade County ("County"), pursuant to Section 212.0305(4)(b), Florida
Statutes, Section 29-60 of the Code of Miami -Dade County, Florida, and Ordinance No. 83-91
enacted by the Board of County Commissioners of Miami -Dade County on June 5, 1984
(collectively, "Authorization"), imposed a levy on the exercise within its boundaries of the taxable
privilege of leasing or letting transient rental accommodations at the rate of three percent (3%)
of the total consideration charged for such accommodations (CDT) and has the discretion to
determine the use of the CDT receipts; and
WHEREAS, the Authorization provides that one-third of the CDT ("One Third CDT
Share") receipts are required to be used for eligible projects such as stadiums, exhibition halls,
arenas, and coliseums in the most populous municipality in the County, which is the City; and
WHEREAS, in 1992, the County agreed to distribute the One Third CDT Share to MSEA
as collateral for bonds issued by MSEA to fund the cost of the Miami Arena; and
WHEREAS, the One Third CDT Share was also used by MSEA to pay for the operations
of the Miami Arena; and
WHEREAS, in 1996, the County agreed to allow the City to use certain accumulated
CDT -related funds held by MSEA to offset the operating cost of City -operated CDT -eligible
projects; and
WHEREAS, the resulting 2004 Interlocal Agreement ("Agreement") between the City and
County essentially eliminated the payment to MSEA of the One Third CDT Share once the
Miami Arena was sold and the MSEA bonds defeased, which happened in December 2004; and
WHEREAS, the Agreement also provided that the City would receive a portion of the
CDT receipts for the funding of the renovations to the Orange Bowl; and
WHEREAS, in 2009, the City and County terminated the Agreement and entered into a
new agreement ("Amended Agreement"); and
WHEREAS, the Amended Agreement provides that the County will make monthly
payments solely from CDT receipts to the City, not MSEA, until June 30, 2039; and
WHEREAS, consequently, MSEA does not presently receive or administer any CDTs
collected pursuant to Section 212.0305, Florida Statutes; and
WHEREAS, MSEA's revenues are solely garnered from rent collected from the lease of
property to the Miami Children's Museum, a seaplane base, and a heliport on Watson Island in
accordance with an interlocal agreement between the City and MSEA; and
City of Miami File ID: 4656 (Revision: A) Printed On: 4/4/2025
WHEREAS, thus, there is no statutory impediment to abolishing MSEA; and
WHEREAS, in accordance with the terms of the interlocal agreement between the City
and MSEA, the City will assume all obligations and liabilities of MSEA upon its abolishment; and
WHEREAS, the City Manager has determined that MSEA is no longer necessary and its
current functions can be carried out more efficiently and effectively by any of several existing
City departments; and
WHEREAS, the City Commission wishes to abolish MSEA and has determined that it is
in the best interest of the City to do so;
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 of the Code of the City of Miami, Florida, as amended ("City
Code"), is further amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-887. - Quorum requirements; exceptions.
(a) Except for those boards listed in subsection (b) hereinbelow, a quorum for all
boards' meetings, shall consist of fifty percent (50%) plus one of the board's total membership.
The decision of a majority of the board members present and voting at a meeting at which a
quorum is present shall be the decision of the board.
(b) The following boards are subject to quorum requirements as provided for
elsewhere in this Code.
Audit Advisory Committee
Bayfront Park Management Trust
Downtown Development Authority
Equal Opportunity Advisory Board
Mayor's International Council
Miami Commission on the Status of Women
Miami Sports and Exhibition Authority
Parks and Recreation Advisory Board
Street Codesignation Review Committee
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: 4656 (Revision: A) Printed On: 4/4/2025
Urban Development Review Board
Sec. 2-892. - "Sunset" review of boards.
Commencing with the year 1995, each city board shall be reviewed in the following
manner:
(4) The following boards shall initially be reviewed in the following years and
shall be reviewed every four years thereafter:
d. 1998:
1. Historical and environmental preservation board.
2. Miami sports and exhibition authority.
3- Waterfront advisory board.
43. Reserved.
5, Community relations board.
*„
Section 3. Chapter 2/Article XI/ Division 6 of the City Code is repealed in its entirety
in the following particulars:1
"CHAPTER 2
ADMINISTRATION
*
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 6. SPORTS AND EXHIBITION AUTHORITY
Sec. 2 1011. Miami Sports and Exhibition Authority created.
Thorn is hereby creator! and establisher! p irsi cant to C C § 212 057 (1983) an
independent and autonomous agency and instrumentality of the city to be known as the "Miami
Sports and Exhibition Authority.
Sec. 2 1012. Promotion of sports, conventions and exhibitions.
{a) The authority shall promote sports, conventions and exhibitions to the greatest extent
achicvc this purpose.
(b) The authority shall endeavor to attract professional sports franchises to utilize
facilities in the city.
Sec. 2 1013. Governing body.
{a) Composition. The authority shall consist of 13 members to be appointed by the city
commission as follows:
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(1) One member shall be the mayor who shall be a voting ex_officio member and
the chairperson thereof.
{2) Two voting members shall be city commissioners appointed by a majority
vote of the city commission to serve for a period of one year.
(3) Each city commissioner shell nominate two members to be ratified by majority
vote of the city commission.
(b) Qualifications Each member of the ai ithority shall be a duly qualified elector of
Miami Dade County and shall be of outstanding reputation for integrity, responsibility
and commitmcnt to serving the community. Members shall be selected from
individuals associated with the tourist and hospitality industries in businesses
operating within the city. Before entering upon the duties of office, each voting
member on the authority shall take the prescribed oath of office. Members of the
authority shall serve without compensation but shall be entitled to reimbursement for
necessary expenses incurred in the discharge -of tthem duties.
{c) Terms of members. The voting members, other than the mayor serving ex officio as
tchairne-se f-ai i rit y shaalll carve fora one-year term (d) Organization
powers and duties of the authority.
{1) Six members of the authority at a properly noticed meeting shall constitute a
gi ion,m for the transaction of bi,sines and each member shall have one
vote on every issue submitted to a vote of the authority. A majority of the
quorum is empowered to exercise all the rights and perform all the duties of
quorum to act.
{2) The members of the authority shall make and adopt bylaws and rules and
regulations for the authority's governance [and for the operation,
governance] and maintenance of its facilities.
{3) The authority shall hold regular quarterly meetings in accordance with the
bylaws of the authority and the ai ,thorny magi boll-! si ich other meetings as it
de s ne ary /III mee s of the au rity shall be public a�icdr=w�rr ritt
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minutes of the proceedings thereof shall be maintained by the authority. All
actions taken at thc meetings of the authority shall be promptly and properly
recorded. The official city policies relating to the attendance of regular board
meetings shall be applicable to members of the authority.
{e) Protection from personal liability. The city shall defend, hold harmless, and indemnify
members from all claims and liabilities arising from any act or action within the scope
of their duties.
(f) Powers of chairperson. The chairperson of the authority shall have the power to
appoint all mcmbcrs serving on thc various committees which the authority shall
establish from timc to timc. The chairperson shall also have thc power to appoint two
vice chairpersons, one secretary and one treasurer from among thc authority's
members.
Sec. 2 1014. Powers, purposes and duties of the authority.
and activities of thc authority. The powers of the authority shall include:
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{1) The acquisition, construction, improvement, extension, enlargement,
remodelinng,, repair g, eguippino maintenance anrd ti operaon of one or more
exhibition hall`is, arenas convention renters coliceumc aurditorii imc anrd/or
athletic stadiums for the exhibition of events, whether privately and/or publicly
owned anrd the i ici gal facilities relaterd thereto inch irdino �niithoi it limitation
0
refreshment stands and rectal irantc anrd facilities for the pi irveying of foordc
beverages, p ations soyyenirs novelties anrd goods of all kinrdc hth weer
ode`r''a#`^"` Keyed-d-ireetly-e-F-i-R-€1+re^+I ough G Cessions, licenses,
leases, or parking areas in connection therewith.
(2) Th uistion,r, consst ction, eg �ippinry maintenance and operation of
recreation centers clubhouse`s, gymnasiums anrd relater) b iilydingc anrd the
i sual anrd convenient facilities appertaining to si ich i indertaki g-s anrd areas
0
inch irding b it not limiter! to athletic fielydc golf coy irsec parking facilities or
parking areas in connection therewith.
{3) The acquisition in its own name of the necessary property, both real and
personal, in connection with subsections (a)(1) and (2) above and the
au rit y to lea veil anrd lice an paarrt or all of s ich facilities incl g
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real and personal property, to any persons, firms, or corporations whether
public or private so as to assure the efficient and proper development,
mai-nrtenance and operation of such facilities anrd areas deemed bpi the
au rit y to be necesssari Tent csirable subject to prior approval
of -the city commission.
(b) The authority shall have the capacity and power:
{1) To sue and be sued, to implead and be impleaded, complain and defend in its
own name in all courts of law and equity. This provision shall not be
construed in any way to affect the laws relating to governmental immunity.
{2) To have a seal and alter the same at pleasure.
{3) To purchase, lease, or otherwise acquire, hold, own, mortgage, sell, convey,
cxchangc, option, dispose of, or takc any othcr action having to do with the
use of real and personal property of every clasc and description or interest
therein including I„ascand licenses for -any terms, far any purpose
consistent with this division, subject to any limitations as may be imposed by
law or the provisions hcrein and subject to prior approval of the city
commi"lion.
{/1) To appoint, select, and employ officers, agents and employees, including
cnginccring, architcctural and construction cxperts, fiscal agents and fix their
respective compensations subject to the provisions of state law as same may
be amended from time to time.
{5) To make contracts, leases and to execute all instruments nece-nary or
convenient, including contracts for construction of projects and leases of
projects or contracts with respect to the use of projects which it causes to be
r and dispose by nveyance of its title in fee simple
e�eEt �ac��;�r-a,�mte��,r-c��an��R�-�r���
of real and personal property of every kind and character.
improve, equip, furnish, operate and manage facilities as deemed nece-vary
by the members of the authority, the cost of such to be paid in whole or in
City of Miami File ID: 4656 (Revision: A) Printed On: 4/4/2025
part from the proceeds of funds of the authority or from such proceeds or
other funds made available to the authority.
{7) To accept loans and/or grants of money or materials or property of any kind
from the United States of America or any agency or instrumentality thereof,
upon such terms and conditions as the United States of America or such
agency or instrumentality may im e.
{8) To accept loans and/or grants of money or materials or property of any kind
from the State of Florida or any agency or instrumentality or political
subdivision thereof, upon such terms and conditions as the State of Florida or
such agency or instrumentality or political subdivision made.
{9) From time to time to sell, lease, grant, exchange, otherwise dispose of, or
take any other action having to do with the use of any surplus property both
real and personal, or interest therein not required in the normal operation of
and usable in the furthcrance of the purpose for which the authority was
created herein subject to prior approval of the city commission.
{10) To exercise any power usually possessed by private corporations
performing similar functions, which is not in conflict with the constitution and
the laws of this state.
{11) To request via formal resolution of the authority that any governmental entity
ercisc any of its powers on behalf of the authority.
{12) To do all things necessary or convenient to carry out the powers
eni merated herein
{c) Notwithstanding any contrary provision in the City Charter, including but not limited to
Section 29 B, the authority shall not sell or lease waterfront property unless there is
approval of a majority of the votes cast by the electorate at a referendum.
Sec. 2 1015. General powers and responsibilities of the director.
{a) There shall be a director who shall be appointed by the members of the authority
subject to approval by four fifths vote of the city commission. Upon the effective date
of the incumbent director's resignation and thereafter, the members of the authority
appointmcnt and thc tcrms and conditions of the new director's employment shall be
subject to approval by a four fifths vote by the city commission. The director shall
take an oath before entering upon any duties. The director shall act as the chief
cxccutivc officcr of thc authority.
(b) Subject to the policy directives of the authority, the director shall have general
supervision over and be responsible for the operation and maintenance of all
authority propertics, activities, and facilities. The director shall attend all meetings of
authority, shall fi irnish the ai ithority the mayor and the city commission a
rcrr�.—crcrcrn�rrc�, crr��vr,-crrrcrma. crc� �rrn-rrr�vn�r�ra
monthly report with respect to the operation, maintenance and financial condition of
the authority rind shell from time to time have prepared and shell fi irnish ci ch
the authority. In the event that the director shall for any reason be temporarily
incapable of exercising the powers and performing the duties and functions of this
office, the deputy director of the authority as so designated by the director shall
perform as acting director and shall exercise such powers and perform such
City of Miami File ID: 4656 (Revision: A) Printed On: 4/4/2025
functions and duties of the director until such incapacity of the director shall be
terminated.
Sec. 2 1016. Employment of assistants.
Subject to the policy directives of the authority and budget limitations, the director shall
necessary to provide for the efficient operation of the authority.
Sec. 2 1017. Encouragement of private enterprise.
The authority shall, to the greatest extent it determines to be feasible, implement the
ercise of its powers in a manner which utilizes and encourages the fullest and west active
participation and cooperation of private enterprise.
Sec. 2 1018. Counsel.
The authority shall appoint the legal counsel of the authority. Such appointment and the
terms and conditions of the contract of employment resulting therefrom shall be subject to
approval by a four fifths vote of the city commission. The authority may employ such other
counsel as shall be approved by said authority subject to approval by a four fifths vote of the city
commission.
Sec. 2 1019. Authority solely liable for obligations.
the authority shall in any manner whatsoever be an obligation or liability of the city.
Sec. 2 1020. Approval of budget.
{a) Commencing October 1, 1983, the authority shall establish a fiscal year which
coincides with that of the city. The authority shall submit to the city commission no
latcr than April 1 ncxt prcccding each fiscal year an authority budget request
pertaining to operating and capital expenditures, which request shall not be
implemented until approved by the city commission.
(b) The authority budget shall be prepared on official city budget forms in a format
prescribed by the city manager and shall be reviewed in a manner similar to that in
which requests of other city departments are reviewed. Nothing contained herein
shall be construed to prohibit the authority from submitting to the commi"lion a
supplemental budget for approval.
Sec. 2 1021. Annual report and audit.
The authority shall submit to the city commi"lion an annual report and an annual audit.
Sec. 2 1022. Contributions.
It is the intention of the city commi"lion that the authority activcly solicit contributions
and financial support from private business interests in the city.
Sec. 2 1023. Tax revenues.
City of Miami File ID: 4656 (Revision: A) Printed On: 4/4/2025
under F.S. § 212.057 (1983), (now repealed; see F.S. § 212.0305) the person
rec i iing t ^on i eration �su -r oent}al oorr leaseshuirrecei e, ac^want for, and
remit the tax to the state department of revenue at the time and in the manner
provided for persons who collect and remit taxes under F.S. § 212.03. The same
duties and privilegeed by F.S. ch. 212 upon dealers in tangible property
respecting the remission and collection of tax; the making of returns; the keeping of
honks records and accoi rots• and compliance with the n flec of Oho Florida
r v
department of revenue in the administration of said chapter shall apply to and be
binding upon all persons who are subject to the provisions of this division; provided,
however, the department of revenue may authorize a quarterly return and payment
when the tax remitted by the person receiving the consideration for such rental or
lease for the preceding quarter did not exceed $25.00.
(b) Collections received by the department of revenue from the tax, less costs of
of the board of county commissioners of Dade County, Florida, shall be available for
use by the authority in accordance with the provisions of this division.
Secs. 2-102411-2-1050. - Reserved.
*11
Section 4. Chapter 18/Article III of the City Code is further amended in the following
particulars:I
"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
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, and 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.
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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:
(1) Procurement of dues and memberships in trade or professional organizations;
registration fees for trade and career fairs; subscriptions for periodicals and
newspapers; advertisements; postage; abstracts of titles for real property and title
searches; title insurance for real property; water, sewer, and electrical utility services;
copyrighted materials or patented materials including but not limited to technical
pamphlets, published books, maps, testing or instructional materials; fees and costs
of job -related seminars and training.
(2) The sale or lease of city -owned real property, as these are governed by the
provisions of 3f(iii) and Section 29 A-D of the City Charter and chapter 18, article V of
the City Code.
(3) Goods purchased with petty cash in accordance with established city procedures.
(4) Items purchased for resale to the general public.
(5) Purchase of groceries.
(6) Artistic services or works of art.
(7) Hotel accommodation and services.
(8) Public -owned transportation.
(9) Purchase of tickets for special events, tourist attractions and amusement parks.
(10) City -sponsored events at hotels, motels, restaurants, or other similar venues not
owned by the city.
(11) Entertainment services for city -sponsored events.
(12) Purchases of motor vehicle license plates from a governmentally regulated
monopoly or a government agency.
(13) Travel on city business as provided in APM-77, as amended.
(14) Persons retained as expert consultants, as defined herein.
(15) Maintenance and licensing agreements to support continued, on -going use of
proprietary software applications, the original software purchase of which was
procured and approved fully in accordance with chapter 18, article III of the City
Code.
(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.
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Sec. 18-74. - Cone of silence.
(a) The requirements of subsection 2-11.1(t) ("Cone of Silence Ordinances") of the Code of
Miami -Dade County, Florida, as amended, shall not be applicable to the city.
(b) Cone of silence. The cone of silence shall be applicable only to contracts for the provision of
goods and services and public works or improvements for amounts greater than
$200,000.00; provided, however, that the cone of silence shall not be applicable to the city
attorney's office nor to the office of the independent auditor general.
(c) "Cone of silence" is defined to mean a prohibition on:
(1) Any communication regarding a particular request for proposals ("RFP"), request for
qualifications ("RFQ"), request for letters of interest ("RFLI"), invitation for bids
("IFB") or any other advertised solicitation between a potential proposer, offeror,
respondent, bidder, lobbyist, or consultant and the city's professional staff including,
but not limited to, the city manager and his or her staff;
(2) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between the mayor, city commissioners or their respective
staffs and any member of the city's professional staff including, but not limited to, the
city manager and his or her staff;
(3) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between a potential proposer, offeror, respondent, bidder,
lobbyist, or consultant and any member of the selection/evaluation committee
therefor;
(4) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between the mayor, city commissioners or their respective
staffs and any member of the selection/evaluation committee therefor; and
(5) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between a potential proposer, offeror, respondent, bidder,
lobbyist, or consultant and the mayor, city commissioners, and their respective staffs;
and
(6) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between any member of the city's professional staff, including
but not limited to the city manager and his or her staff, and any member of the
selection/evaluation committee therefor. The city manager and the chairperson of the
selection/evaluation committee may communicate about a particular
selection/evaluation committee's recommendation but only after the committee has
submitted its written recommendation to the city manager and provided that should
any change occur in the committee recommendation, the content of the
communication and of the corresponding change shall be described in writing and
filed by the city manager with the city clerk and be included in any recommendation
memorandum submitted by the city manager to the city commission.
Notwithstanding the foregoing, the Cone of Silence shall not apply to:
r. The downtown development authority, the department of off-street parking, the Liberty
City Community Revitalization Trust, and the Civilian Investigative Panel, and the
Miami Sports and Exhibition Authority.
City of Miami File ID: 4656 (Revision: A) Printed On: 4/4/2025
*11
Section 5. All of the rights, duties, and obligations of MSEA shall be transferred to the
City including title to all the property and all assets of MSEA. The City hereby ratifies, confirms,
and adopts all acts, actions, and transactions previously authorized, taken, or effected by
MSEA.
Section 6. A new special revenue account titled "Sports Facilities and Activities" is
established and funds in an estimated amount of four hundred twenty thousand dollars
($420,000.00) ("Funds") to include all fund balances remaining in the accounts of MSEA are
transferred to the City. The City Manager is authorized2 to accept and appropriate said funding
in accordance with all applicable local, State, and Federal laws.
Section 7. All indebtedness, duties, and obligations of MSEA are hereby assumed by
the City.
Section 8. The Independent Auditor General is directed to conduct an audit of the
accounts and finances of MSEA upon its abolishment in accordance with Section 2-528 of the
City Code.
Section 9. 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 10. This Ordinance shall become effective immediately after final reading and
adoption thereof.3
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
ey
9/4/2018
ndez, City ttor ey 10/16/2018
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
3 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: 4656 (Revision: A) Printed On: 4/4/2025