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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #4143 Ordinance Second Reading Sponsored by: Wifredo Gort, Commissioner, Manolo Reyes, Commissioner 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 MATCHING FUND GRANTS TO THE CITY AND RELATED ADVERTISING, PROVIDING FOR CERTAIN CONTRACTUAL AND LEGAL LIMITATIONS FOR THIS EXEMPTION AS ARE PROVIDED HEREIN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 4143 (Revision:) Printed On: 10/11/2018 File Number: 4143 City of Miami Legislation Ordinance Enactment Number: 13773 Final Action Date: 6/28/2018 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 MATCHING FUND GRANTS TO THE CITY AND RELATED ADVERTISING, PROVIDING FOR CERTAIN CONTRACTUAL AND LEGAL LIMITATIONS FOR THIS EXEMPTION AS ARE PROVIDED HEREIN; 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, Section 18-72 of the Procurement Ordinance expressly enumerates certain goods and services excluded from the requirements of the Procurement Ordinance because it is not in the City's best interests to employ competitive procurement requirements relative to the nature of that particular good or service or is otherwise not practicable to follow for that particular good or service; 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 Sec. 18-72. Application and exclusions. ' 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: 4143 (Revision:) Printed On: 10/11/2018 (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. (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 City of Miami File ID: 4143 (Revision:) Printed On: 10/11/2018 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. *„ 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. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 "na dez, City Attor iey 5/15/2018 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: 4143 (Revision:) Printed On: 10/11/2018