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HomeMy WebLinkAboutO-14086City of Miami Ordinance 14086 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12313 Final Action Date: 9/13/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED TITLED "FINANCE"; MORE SPECIFICALLY, ESTABLISHING A NEW ARTICLE IV, TITLED "GRANTS," MORE PARTICULARLY ESTABLISHING AN INITIATIVE TITLED, "MIAMI'S ECONOMIC ACCESSIBILITY INITIATIVE" ("EAI") IN AN EFFORT TO SUPPORT THE RAPID INCREASE OF ACTIVITY IN THE CITY OF MIAMI'S ("CITY") TECHNOLOGY INDUSTRY BY OFFERING RESOURCES TO EASE THE ECONOMIC BURDEN OF CITY RESIDENTS; REQUIRING THAT ANY RECIPIENTS OF FUNDING FROM THE EAI EXECUTE AN AGREEMENT WITH THE CITY WHICH ADDRESS THE SCOPE OF SERVICES, PERFORMANCE MEASURES, INVOICING, CONFLICTS OF INTEREST, AND OTHER MATERIAL TERMS THAT MAY BE APPLICABLE TO THE USE OF FUNDS; APPROVING GUIDELINES FOR THE EAI; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF FUNDS FROM THE OFFICE OF THE CITY MANAGER'S VENTURE MIAMI INITIATIVE ACCOUNT NO. 00001.150009.882000.0000.00000, IN AN AMOUNT NOT TO EXCEED ONE MILLION, ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00), TO A SPECIAL REVENUE PROJECT FUND TITLED "MIAMI'S ECONOMIC ACCESSIBILITY INITIATIVE;" FURTHER 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 EAI ALLOCATIONS OF UP TO FIFTY THOUSAND DOLLARS ($50,000.00) IN ANY ONE (1) FISCAL YEAR PROVIDED TO ANY SINGLE ENTITY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SAID PURPOSES STATED HEREIN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez WHEREAS, the City of Miami ("City") has experienced a rapid increase in activity within the technology industry; and WHEREAS, within the last two years, innovation has aided efforts by the City to buffer the negative effects of the pandemic by providing quick economic turnaround for the City; and WHEREAS, the increase in high wage jobs and workers, increase investment deal flow, and large-scale capital investment in the community has created a new narrative for our City as City of Miami Page 1 of 5 File ID: 12313 (Revision: A) Printed On: 6/17/2025 File ID: 12313 Enactment Number: 14086 a place to not only enjoy as a destination but to find additional economic alternatives for prosperity; and WHEREAS, reports at a national level indicate minorities (76% Black and 62% Hispanic) will be locked out of jobs by the year 2045 due to the growth of the digital economy; and WHEREAS, the City wishes to establish the Economic Accessibility Initiative ("EAI") to support the rapid increase of activity in the technology industry by providing accessibility into new opportunities for long-term residents to benefit from new career paths, increasing small business support, access to greater entrepreneurship resources, and increased education for the youth to be better prepared for the ever -changing future ("Purpose"); and WHERAS, the EAI will include various initiative categories and initiative guidelines as outlined in Exhibit "A," attached and incorporated; and WHEREAS, the City wishes to allocate and appropriate an amount not to exceed One Million, One Hundred Thousand Dollars ($1,100,000.00) from the Office of the City Manager's Venture Miami Initiative account number 00001.150009.882000.0000.00000 ("Funds") to the EAI; and WHEREAS, the City desires to ensure the Funds for the EAI are utilized in accordance with its allocated purpose, transparency, and accountability; and WHEREAS, the City Administration recommends that the recipients of EAI funding execute a written agreement with the City that states the intent of the funding prior to disbursement of funds; and WHEREAS, recipients of EAI funding will have to address issues such as scope of service, performance measures, reporting, invoice, conflict of interest and other material terms that may be applicable to ensure public use of funds; and WHEREAS, the City deems it appropriate to establish a new article in Chapter 18 of the Code of the City of Miami, Florida, as amended ("City Code") to account for grant initiatives, such as the EAI; and WHEREAS, Chapter 18, Article III of the 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 EAI will provide funds to support entities which will assist with fulfilling EAI's Purpose; 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, the City Commission authorizes the City Manager to negotiate and execute any and all documents necessary, all in forms acceptable to the City Attorney, for the Purpose stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 5 File ID: 12313 (Revision: A) Printed on: 6/17/2025 File ID: 12313 Enactment Number: 14086 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. The Economic Accessibility Initiative ("EAI") is hereby established. Section 3. The following new Special Revenue Project is established, and resources are appropriated as described below: FUND TITLE: MIAMI'S ECONOMIC ACCESSIBILITY INITIATIVE APPROPRIATIONS: Aids to Private Organizations — Venture Miami Acct. No. 00001.150009.882000.0000.00000 $1,100,000.00 Section 4. Chapter 18/Article III of the City Code is hereby amended in the following particulars:' "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, 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: 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 Page 3 of 5 File ID: 12313 (Revision: A) Printed on: 6/17/2025 File ID: 12313 Enactment Number: 14086 (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. (22) Matching fund grant agreements to the city, inclusive of any city agency or instrumentality. For purposes of this subsection, matching fund grant agreements shall mean those eligible matching fund grant agreements, processed through and approved by the city office of grants administration or similar city department, where a grant is provided to the city requiring a city payment of matching funds in an amount or value equal to that of the grant. The grant required city match may be in the form of funds or in -kind goods or services as provided in the matching fund grant agreement. The exclusion to the city's procurement ordinance for matching fund grant agreements, as amended, shall extend to advertising of the same including, but not limited to, social media platforms, press releases, public relations, etc. as required or contemplated by the matching fund grant agreement. The exclusion above for the advertising of matching fund grant agreements shall only apply to the city's procurement ordinance, and any applicable competitive solicitation requirements as imposed by such agreements or federal, state or county laws shall continue to apply. (23) Aggregate of Economic Accessibility Initiative Funds in an amount up to $50,000.00 in any single City fiscal year to any single entity. * ARTICLE IV — GRANTS Sec. 18-136 — 18-145. — Reserved. Sec. 18-146. Economic Accessibility Initiative - Established. The Economic Accessibility Initiative ("EAI") is hereby established to support the rapid increase of activity in the technology industry by providing accessibility into new opportunities for long- term residents to benefit from new career paths, increasing small business support, access to greater entrepreneurship resources, and increased education for the youth to be better prepared for the ever -changing future. Section 18-147. Expenditures. (A). The expenditure of Economic Accessibility Initiative funds shall only be expended to benefit the interest of disadvantaged residents of the City of Miami. (B). Eligible Entities and Organizations of the EAI include: City of Miami Page 4 of 5 File ID: 12313 (Revision: A) Printed on: 6/17/2025 File ID: 12313 Enactment Number: 14086 1. For Profit Organizations; 2. Not — for- Profit Organizations (501(c)(3)); 3. Governmental Agencies; 4. Educational and Academic Institutions; 5. City of Miami Departments; 6. Offices of City of Miami Elected Officials, 7. City of Miami Agencies or Boards/Committees. Sec. 18-148- 18-175. — Reserved." Section 5. The City Manager is further authorized2 to execute any and all documents necessary, in a form acceptable to the City Attorney, for said Purpose. Section 6. The requirements that all recipients of funding from the EAI execute an agreement with the City that addresses the scope of services, performance measures, invoicing, conflicts of interest, and other material terms that may be applicable to the use of Funds, is approved. Section 7. The EAI initiative guidelines and memo, attached and incorporated herein as Exhibit "A," are hereby approved. Section 8. 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 9. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.3 APPROVED AS TO FORM AND CORRECTNESS: ,nd aCity Attor 7/19/2022 jVi t6ria�M ndez, 8/24/2022 2 The herein authorization is further subject to compliance with all legal requirements that may be imposed, 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 Page 5 of 5 File ID: 12313 (Revision: A) Printed on: 6/17/2025