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"01 Ordinance 13744
File Number: 2887
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigoy.com
Final Action Date: 218/2018
AN ORDINANCE OF THE N-11ANII CITY COMMISSION AMENDING CHAPTER
18/ARTICLE IIIfSECTION 1872 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, ENTITLED "FINANCEfCITY OF MIAMI PROCUREN1ENT
ORD INANCEfAPPLICATION AND EXCLUSIONS," BY AMENDVNG 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_ It . f -_ =t is
(4/5ths) affirmative vote, waived the requirements of Resolution No_ 10-03C,:--. 3 ii[; :- y .nat any
amendment to the City Code sponsored or co-sponsored by the City Admi n.S -Lation 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 1 B/Article I I I of the City Code is hereby amended in the fallowing
particulars:'
"CHAPTER 18
FINANCE
ARTICLE III_ CITY OF MIAMI PROCUREMENT ORDINANCE
' Words and/or figures stricken through shall be deleted. Underscored words andlor figures shall be
added. The remaining provisions are naw in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 1 of 3 Fife ID: 2987 (Revision: A) Prirrred On: 312112018
File ID: 2987
Enactment Number: 73744
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 =c -he community
redevelopment agencies.
(2) The Downtown De .,- ,,r)rnent Authority, the der-. -_ - t nn-,: 197
Liberty City Comn-j _ Revitalization Trust, Cl. , i I nves:i ati- e. ; a; e , Bayfront
Park Management Tr-st, lfirginia Key Beach F ark Trust, and the N1iarni 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 follawing terms shall have the meanings
ascribed to them in this section:
I- "City" shall mean the board.
2_ "City manager" shall mean the executive director of the board_
3. "Chief procurement ofFcer" shall mean the executive director of the board
or his or her designee.
4. "City commission" shall mean the board of directors of theboard.
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 attorneycitywide,
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 agreernentswithin
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 ("CDBU), 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 ua to $50.000.00 inane
single City fiscal year to any sing le entity.
(21) Aggregate of Social Service Gap Funds in an amount up to $50,00000 in any single
City fiscal year to anysingle entity.
Section 3_ If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
City ofmjami Paye 2 03 File ID 2987 (Revision; ,AJ ,Printed on., 2,24/2048
File ID: 2987
Enactment Number: 13744
Section 4_ This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
_ 1 �
ria a dez, ity Attor ay 1121201$ rla dez, Ity ttor ey 1!2512018
2This 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 Paye 3 of 3 File lfi 2987 (Revision; ,AJ ,Primed on: 2'21i208