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Home My WebLink AboutO-08622HT: C/rb 2/15/17 ORDINANCE NO, 8S22 AN ORDINANCE AMENDING SECTION 2-1.04 bi' ' THE cont OP THE CITY OF 1.IIAMI, PLORIDA, .REFERRING TO THE tiAIVE1 OF THE CON1'LICT OF INTEREST PROHIBITION AGAINST MEMBERS OP CITY BOARDS AND AGENCIES DOING ! tiSINE5S WITH THE CITY BY ENLARGING THE INSTANCES WHICH PERMIT PRO?ESSIO;AL PERSONS, SUCH AS ARCHITECTS, LANDSCAPE ARCHITECTS, :ROPES- SIGNAL ENGINEERS AND REGISTERED LAND SURVEYORS, TO ENTER INTO TRANSACTIONS WHEREBY SAID PRO? SSIONAL PERSONS OR FIRMS MAY OPFER SERVICES TO THE CITY WITHOUT VIOLATING THE AFORESAID PROHIBITION; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS T}tEREOP IN CONFLICT, AND CONTAINING A S1:VERABILITY PROVISION. BE IT ORDAINCO EY THE COMMISSION Or THE CITY OP MIAMI, PLORIDA: Section 1. Section 2-104 of the Code of the City of Miami, Florida is amended in its entirety to read as follows: "Sec. 2-104. Waiver of requirements of article. a. The requirements of this article may be waived for a particular transaction or transactions only by affirma- tive vote of four -fifths of the members of the city commis- sion after public hearing. Such waiver may be effected only after findings by four -fifths of the members of the city commission, as follows: (i) An open -to -all sealed competitive bid has been submitted by a city person as set forth in Section 2-101 hereof; or (ii) The bid has been submitted by a person or firm offering services within the scope of practice of architec- ture, landscape architecture, professional engineering, or registered land surveying as defines by the laws of the State of Florida and pursuant to the provisions of the Consultant's Competitive'Negotiation Act as are now in farce and as may be hereinafter enacted, and when the bid has been submitted by a city person as set forth in Section 2--1.01 hereof or ii.ii.) The property or services to be proposed transaction are unique and the city i.tflo3 f of such property or services without a transaction which wool violate this secti waver of its requirements; And (iv) That the proposes t 'cnsaetion will he to the best i:3#'erost of the city. • er R'.z6+.aer s .a M +n ^t : a +r p 'll' w er �' 4 IR !►'�! !!ill A� R! Ae+ am er !: 1' fus w +R' r 4!' A #� c S! T, 1s f � 1# +R ar 1a !Rea �var III A4' 1R 11 RT'1� 1RY � fll 1/ °`l'laitn ort•iv3O shall be ap;Dl ieal.,l . to and binding upon every ofi'ioo;',, offi.ci.ai and employee of the city, inoluding every member of u y board, eor: fission or agency' of the city,' Involved in the can;r.,t avail nter ng into n but for b. Such findings shall be sprfa: d on the minutes of the C mmi:sgion. This soct on shall be applicable only to prospective transactions, and the co: ,riissit tt may in no case ratify a transaction entered in violation of this subsection. c. This subsection shall be taken t, be cumulative and shall not be construed to amend or repeal any other ordinance pertaining to the same subject matter*" Section 2. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3. if any section, sentence, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding or invalidity shall not affect the remaining portions of this ordinance: and it shall be construed to have been the intent of the City Commission to pass this ordinance without such unconstitutional, invalid, or inoperative part therein: and the remainder of this ordinance, after the exclusion of such part or parts, shall be deemed and held to be valid as if such parts had not been included therein. PASSED ON FIRST READING mr TITLE ONLY THIS 24th day of February , 1977. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 16TH day of MARCH ATTEST: PG. ONG=652/74g. f .� CITY CLE PititIPAR4D AND AP 'ROVED BY r,{; ODERT 1C1- / ST. —CITY ATTc�%' �5? APPROYED AS TO FOWI AND CO R ECTNESS: r • 1 L. i G2abTCE'aAX; 9 d ; -CITVATTORNBY MAURICE A. FERRE ? AURICE A. fl RRE MAYOR AP 1977. IMAM, fteVTICIN Pile *AM' NM= MAW It WWI $11Iffree, ha, ente twat tietdot Ode ear" tied& VIVO eAtirefervirrrrng! WIC g ow DV temp.§ ete imam ?view Wirt fan tittle/Me my et 11 mullga t fill f 5 pig earn A amen, et)- Nebel in tyo Rierni it, Piot; da Re t UR INANCL NO. 86�2 6444 111 tti. 411•11.40. tiiid • aix. f•• 414 i was Duifigilit tiltd"fte"—witplper in 615'14'6'12' f11811". Itarsal„21‘..,..t27,7 st• && & 41111111 & Want turthat Ulys that the mod Miami Review IM loony kW:0 It 1 hevrtiabiSet publithen at MIMI. 111 tild Dada Cbutity, halide, end that the Said newt. Fr Oat 4t111;:ltottltrefigtVlgree7itelattirglig unties eild Leta, tiondayo and hes been entered tie Seahhe eIUt mali mato et the Oast Offite.lti 111 bald Dade Misfits, Flatlet, tbr 1 period of one yeet nest istetedih5 the first aublititibit of the attached ealsy.ef kileenliethenti and imam turthet Sliye that the heti nelthit 'held het afOrnIked any Meson, fans Of tot�blltlbli any diStihitito MAUL commission at ref Saipan lh the Sir nitwit:miser. et the Outp645 at eetutirta this edvertiSettiefit tItr UV MIAMI, liAtIt titt'N't Altti0A tftftttPtttf 11.thAt. "OM t Mt Intrnmated *Ili tiler, iirtiiro Mot nft Mkt infn nak nt Moe% rchedinrniit);:lt!nritmis$Itet of Miniol. Pitoldri /04,11tert the yolioto 111017710,1 ng ortiligANct to 4622 onbiNANct AVir,gbigri Arxrflrog or /NV COOF OF CITY Ot4 V14011.11)A, ttErktittotG TO THY. WAIVIM oto 1141.1 toNlIACT oF PRoAttirtioN A M4T ttNittrttgor rtit SOAllt/EI AND AgENCISS ttes1lita4s WITH' TI-114 t ,Nitt1Nc%s .W14irIt PEtiNtlir Prto4 PESSION'Al4. PFIII4ONS. SUcli tE ARCUITEette, LA:i44tis scam .‘ncrill'Ecti4, rfitort.AgiogAi, Egi;12,18Etts Agt) Rtnistrtum IASI) St7ItlrtYORS. ENTEit t14140 TRANSAcnoSg M.:RIMY SAM PItOFIgSSIONIAL Pritia oN's FIRM% MAV orrr.tt 111P.: CITV tATiltntiT VIOLATINTI .1111k Ark>ftEsAill ittnttioN: ALL oteDINANctg. crit)E MI c- ('A ()n 1).‘nrn tnznnor coxvuer, AND CONt‘ TAININc; A sINEnAnILVIT PnoVistom, it.‘1,P14 n ()Noir. CITY C1.14311.: Pefolle.itiett .4 this hotter. on the 23 1; f tereh, l2iti1370.1111,111t 2/23 t(? i S MIAM'f; rLe)ritr A ef,OrtICE MEM rIANOUM Joseph A4 Gtassie City Managee Charles Li Crutnpton Assistant City Manager BATE tueJECr, PE:F1PCf+CES t 4CLOSL' t5: rta 18 1917 Miami Conflict of ihtetest Ordinance Miami has created various boards and committees to further the public interest. These include, but are not limited tb, the Zoning Board, the Planning Advisory Board, the Urban Development Review Board, and the Environmental Preservation Board. SoMe of the boards require that membership be from the professions of architecture, engineering, and landscape architecture. The present way our "Conflict of Interest" Ordinance reads, it is practically impossible to have pro- fessionals serve as members and also serve the City via their profession. Since members of these boards have the opportunity to design services or other competitive bids, it would be in the best interest of the City to allow these members to submit bids, and if they are the successful bidder, to grant waivers based on the legislative ,recess set by Dade County. (Sec. 2-11.1 Conflict of Interest and Code of Ethics Ord)• The ordinance would be compatible with the State of Florida Con- sultant's Corgi:;.titiv. N gotatton A:t (Chapter 73-19 Laws Of Florida) . It is r(_ and tfsui '. _ . F' . :•ilarr i Conf'll : t of Interest .�?l�.f :,a •', _i• to waivers for i) City boar': y': ,+.._, i n a _`. r tines a_ 3rc?ii ie _ ts, pro` 2 l anyi surveyors who have submid t icy to the City ur suant to the State of Florida's Consul.tants Competitive i ' .'..lcltion Act or 2) an open -to -all sealed .y+iiipetit_ - bi:, thJit has been submitted b1 a member of a City t-oard, semi -au onome-_s auth rity, or agency.