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Home My WebLink AboutO-13783City of Miami q Legislation Ordinance: 13783 File Number: 4519 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/26/2018 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY CREATING SECTION 18-121, ENTITLED "PROCUREMENTS, GRANTS, SUBGRANTS, AND COMPLIANCE UTILIZING REQUIREMENTS FOR FEDERAL DISASTER ASSISTANCE"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Mayor Francis Suarez, Commissioner Joe Carollo WHEREAS, pursuant to the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S. C. 5121 et seq., as amended ("Stafford Act"), the United States of America ("Federal Government") has created and continues to create and authorize the framework for assisting states, local governments, and communities with major disaster assistance in funding, personnel, equipment, facilities, goods, services, projects, grants, processes, resources, coordination, and other recovery assistance and efforts (collectively, "Federal Disaster Assistance"); and WHEREAS, pursuant to the Stafford Act, on September 10, 2017, the President of the United States ("President") declared that for certain counties in the State of Florida ("State") including Miami -Dade County ("County") in which the City of Miami ("City") is located, a major disaster existed resulting from Hurricane Irma ("Irma Federal Declaration of Emergency"), a copy of which is attached and incorporated as Exhibit "A"; and WHEREAS, pursuant to the Irma Federal Declaration of Emergency, the City is eligible to apply for designated types of Federal Disaster Assistance relating to Hurricane Irma; and WHEREAS, some of the Federal Disaster Assistance is administered by the State on behalf of the Federal Government through grants and subgrants (collectively, "Grants"); and WHEREAS, pursuant to the Stafford Act and other federal rules, procurement thresholds, compliance, audit and reporting procedures, regulations, and guidelines established for Federal Disaster Assistance (collectively, "Federal Requirements"), the City must follow the Federal Requirements in connection with procurement, reimbursement, and audit documentation to receive funding and other Federal Disaster Assistance, not only in connection with Hurricane Irma resources, costs, and expenses, but also resources, costs, and expenses for any future disasters declared from time to time by the President or designee; and WHEREAS, the City continues to work with the Federal Government, the State, and particularly with the United States Department of Homeland Security's Federal Emergency Management Agency ("FEMA") to undertake the necessary and appropriate steps in connection with Hurricane Irma resources and funding to receive Federal Disaster Assistance and to put in place Federal Requirements in the procurement provisions of the Code of the City of Miami, as City of Miami Page 1 of 3 File ID: 4519 (Revision:) Printed On: 11/5/2018 File ID: 4519 Enactment Number: 13783 amended ("City Code") for the new hurricane season which recently began June 1, 2018 and for all future disasters declared from time to time by the President or designee in order for the City to access Federal Disaster Assistance; and WHEREAS, the City Commission does not meet in August or in early September, which historically have been times of major hurricane activity in the State, the County, and the City; and WHEREAS, the City Commission wishes to undertake the necessary and appropriate steps in accordance with the Federal Requirements to be followed by amending the City Code's procurement provisions in order to enable the City to receive Federal Disaster Assistance for Hurricane Irma's ongoing requirements and for any and all future disaster assistance requirements; and WHEREAS, pursuant to Florida Statutes Section 166.041(3)(b), the City Commission finds that this emergency ordinance is necessary to amend the City Code and to provide for Federal Disaster Assistance compliance on the grounds of an urgent need for the preservation of health, safety, welfare, property, and resources of the public and the City; 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 Code of the City of Miami, Florida, as amended ("City Code"), is further amended in the following particulars:' "CHAPTER 18 ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-121. Procurements, Grants, Subgrants, and Compliance Utilizing Requirements for Federal Disaster Assistance. (1) Notwithstanding any conflicting provisions in the City Code and/or the laws of the State of Florida, as amended, all procurements of goods, services, equipment, projects, personnel, grants, subgrants, or other resources for which the City intends to seek Federal Disaster Assistance (as defined below) shall follow the Federal Disaster Reauirements (as defined below). (2) As used herein: (a) "Federal Disaster Assistance" means the collective multiple types of major disaster assistance in funding, personnel, equipment, facilities, goods, services, projects, grants, 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 2 of 3 File ID: 4519 (Revision:) Printed on: 11/5/2018 File ID: 4519 Enactment Number: 13783 processes, coordination, resources, and other recovery assistance and efforts created and authorized from time to time by the Federal Government. (b) "Federal Government" means the government of the United States of America. (c) "Federal Requirements" means collectively, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S. C. 5121 et seq., as amended ("Stafford Act"), and and all other federal rules, procurement thresholds, compliance, audit and reporting procedures, regulations, and guidelines established for Federal Disaster Assistance from time to time. (3) The City Commission delegates authority to and authorizes the City Manager or designee to procure, negotiate, execute, and approve, in a form acceptable to the City Attorney, all necessary procurements, awards, and purchases for the City's recovery from any federally declared disaster for which the City intends to seek Federal Disaster Assistance. The City Manager shall provide to the City Commission on a bi-monthly basis a report of such procurements, awards, and purchases through the recovery period and until the completion of recovery, including but not limited to all audit periods related to such Federal Disaster Assistance. Sec. 18-122 -18-135. Reserved. *11 Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.z APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i ndez, City Attor iey 7/1712018 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 3 of 3 File ID: 4519 (Revision:) Printed on: 11/5/2018