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Home My WebLink AboutAgenda 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 PURPOSE OF ITEM: Requesting Department: Department of Prt)CL1rP_mP_nt Sponsored By: District Impacted: All 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 Reviewed By City Commission Nicole Ewan Meeting Completed 10/26/2017 9:00 AM Department of Procurement Lydia Osborne Department Head Review Completed 12/07/2017 10:59 AM Office of Management and Budget Jacques Joseph Budget Analyst Review Completed 12/11/2017 12:57 PM Office of Management and Budget Christopher M Rose Budget Review Completed 12/12/2017 1:33 PM City Manager's Office Fernando Casamayor Assistant City Manager Review Completed 12/15/2017 3:40 PM City Manager's Office Daniel J. Alfonso City Manager Review Completed 12/18/2017 12:25 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 12/26/2017 3:13 PM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 01/02/2018 5:17 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 01/02/2018 5:46 PM City Commission Nicole Ewan Meeting Completed 01/11/2018 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 01/12/2018 2:48 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 01/12/2018 2:56 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 01/25/2018 5:48 PM 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 City of Miami File ID: 2987 (Revision: A) Printed On: 4/17/2018 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: 4/17/2018 City of Miami City Hall ►:`� 3500 Pan American Drive s Legislation Miami, FL 33133 Ordinance:13744 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 ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE ' 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 unchanaed material. City of Miami File ID: 2987 (Revision: A) Printed On: 4/17/2018 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) Aaareaate of Social Service Gap Funds in an amount uD to $50.000.00 in anv sinale City fiscal year to any single entit *„ 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: 4/17/2018 Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ria ' ndez, ity ttor ey 1/2/2018 ria ndez, ity ttor ey 1125/2018 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: 411712018