HomeMy WebLinkAboutO-13801City of Miami
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try Ordinance: 13801
File Number: 4656
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/25/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE MIAMI
SPORTS AND EXHIBITION AUTHORITY ("MSEA") BY AMENDING CHAPTER
2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW
OF BOARDS GENERALLY," MORE PARTICULARLY BY AMENDING SECTIONS
2-887(B) AND 2-892(4)(A)(1) TO DELETE MSEA FROM SAID BOARDS;
AMENDING CHAPTER 2/ARTICLE XI/DIVISION 6 OF THE CITY CODE, TITLED
"SPORTS AND EXHIBITION AUTHORITY," MORE PARTICULARLY BY
REPEALING SECTIONS 2-1011 THROUGH 2-1023 IN ORDER TO ABOLISH
MSEA; AND BY AMENDING CHAPTER 18/ARTICLE III OF THE CITY CODE,
TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE
PARTICULARLY BY AMENDING SECTIONS 18-72(A)(2) AND 18-74(C)(6)(R) TO
DELETE MSEA FROM THE PROVISIONS OF THE MIAMI PROCUREMENT
CODE; TRANSFERRING ALL ASSETS AND LIABILITIES TO THE CITY;
ESTABLISHING A SPECIAL REVENUE ACCOUNT; DIRECTING THE
INDEPENDENT AUDITOR GENERAL TO CONDUCT AN AUDIT; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez
WHEREAS, on March 8, 2018, the Miami City Commission authorized the City Manager
to request an audit of the Miami Sports and Exhibition Authority ("MESA"); and
WHEREAS, thereafter, the City of Miami Independent Auditor General conducted a
review and audit of MSEA and on July 24, 2018, released a final audit report titled "Review of
the Miami Sports and Exhibition Authority (MSEA) Report No. 18-07" ("Audit"); and
WHEREAS, the Audit recommended that the "Office of the City Manager with assistance
from the Office of the City Attorney examine MSEA's charter and evaluate the costs and
benefits of MSEA's continued existence under Florida Statute 212.0305 — Convention
Development Taxes, since MSEA no longer receives CDT. They should determine whether or
not other City entities, with specialized expertise in grant administration and leases, such as the
Office of Grants Administration and the Department of Real Estate and Asset Management
(DREAM), could more effectively and efficiently absorb MSEA's current responsibilities of
administering several grants and three leased properties that generate approximately $150,000
in yearly income. Once a determination is made, appropriate action, if any, should be taken;"
and
WHEREAS, MSEA was established as an independent and autonomous agency and
instrumentality of the City of Miami ("City") pursuant to Ordinance No. 9662 adopted July 28,
1983 in order to promote sports, conventions, and exhibitions and to strive to generate
community support to achieve such purposes; and
City of Miami Page 1 of 13 File ID: 4656 (Revision: A) Printed On: 12/26/2018
File ID: 4656 Enactment Number: 13801
WHEREAS, the adoption of Ordinance No. 9662 was in accordance with former Florida
Statute Section 212.057 (1983) (now repealed and superseded by Florida Statute Section
212.0305); and
WHEREAS, Section 212.0305, Florida Statutes, authorizes counties to impose a
convention development tax ("CDT") on transient rentals; and
WHEREAS, Section 212.0305, Florida Statutes, further provides that in order for a
municipality to obtain any such CDTs, the governing body of such municipalities shall designate
or appoint an authority that shall have the sole power to approve the concept, location, program,
and design of the facilities or improvements to be built in accordance with the statute and to
administer and disburse such proceeds and any other related sources of revenue; and
WHEREAS, Miami -Dade County ("County"), pursuant to Section 212.0305(4)(b), Florida
Statutes, Section 29-60 of the Code of Miami -Dade County, Florida, and Ordinance No. 83-91
enacted by the Board of County Commissioners of Miami -Dade County on June 5, 1984
(collectively, "Authorization"), imposed a levy on the exercise within its boundaries of the taxable
privilege of leasing or letting transient rental accommodations at the rate of three percent (3%)
of the total consideration charged for such accommodations (CDT) and has the discretion to
determine the use of the CDT receipts; and
WHEREAS, the Authorization provides that one-third of the CDT ("One Third CDT
Share") receipts are required to be used for eligible projects such as stadiums, exhibition halls,
arenas, and coliseums in the most populous municipality in the County, which is the City; and
WHEREAS, in 1992, the County agreed to distribute the One Third CDT Share to MSEA
as collateral for bonds issued by MSEA to fund the cost of the Miami Arena; and
WHEREAS, the One Third CDT Share was also used by MSEA to pay for the operations
of the Miami Arena; and
WHEREAS, in 1996, the County agreed to allow the City to use certain accumulated
CDT -related funds held by MSEA to offset the operating cost of City -operated CDT -eligible
projects; and
WHEREAS, the resulting 2004 Interlocal Agreement ("Agreement") between the City and
County essentially eliminated the payment to MSEA of the One Third CDT Share once the
Miami Arena was sold and the MSEA bonds defeased, which happened in December 2004; and
WHEREAS, the Agreement also provided that the City would receive a portion of the
CDT receipts for the funding of the renovations to the Orange Bowl; and
WHEREAS, in 2009, the City and County terminated the Agreement and entered into a
new agreement ("Amended Agreement"); and
WHEREAS, the Amended Agreement provides that the County will make monthly
payments solely from CDT receipts to the City, not MSEA, until June 30, 2039; and
WHEREAS, consequently, MSEA does not presently receive or administer any CDTs
collected pursuant to Section 212.0305, Florida Statutes; and
City of Miami Page 2 of 13 File ID: 4656 (Revision: A) Printed on: 12/26/2018
File ID: 4656 Enactment Number: 13801
WHEREAS, MSEA's revenues are solely garnered from rent collected from the lease of
property to the Miami Children's Museum, a seaplane base, and a heliport on Watson Island in
accordance with an interlocal agreement between the City and MSEA; and
WHEREAS, thus, there is no statutory impediment to abolishing MSEA; and
WHEREAS, in accordance with the terms of the interlocal agreement between the City
and MSEA, the City will assume all obligations and liabilities of MSEA upon its abolishment; and
WHEREAS, the City Manager has determined that MSEA is no longer necessary and its
current functions can be carried out more efficiently and effectively by any of several existing
City departments; and
WHEREAS, the City Commission wishes to abolish MSEA and has determined that it is
in the best interest of the City to do so;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 2 of the Code of the City of Miami, Florida, as amended ("City
Code"), is further amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-887. - Quorum requirements; exceptions.
(a) Except for those boards listed in subsection (b) hereinbelow, a quorum for all
boards' meetings, shall consist of fifty percent (50%) plus one of the board's total membership.
The decision of a majority of the board members present and voting at a meeting at which a
quorum is present shall be the decision of the board.
(b) The following boards are subject to quorum requirements as provided for
elsewhere in this Code.
Audit Advisory Committee
Bayfront Park Management Trust
' 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.
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Downtown Development Authority
Equal Opportunity Advisory Board
Mayor's International Council
Miami Commission on the Status of Women
Parks and Recreation Advisory Board
Street Codesignation Review Committee
Urban Development Review Board
Sec. 2-892. - "Sunset" review of boards.
Enactment Number: 13801
Commencing with the year 1995, each city board shall be reviewed in the following
manner:
(4) The following boards shall initially be reviewed in the following years and
shall be reviewed every four years thereafter:
d. 1998:
1. Historical and environmental preservation board.
2 Miami sperts ;nr! ovhihi4inn a ithnrity
3- Waterfront advisory board.
43. Rocrccs 1P cd-
Community relations board.
Section 3. Chapter 2/Article XI/ Division 6 of the City Code is repealed in its entirety
in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
_
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Secs. 2-102-411-2-1050. - Reserved.
*„
Enactment Number: 13801
Section 4. Chapter 18/Article III of the City Code is further amended in the following
particulars:'
"CHAPTER 18
FINANCE
City of Miami Page 9 of 13 File ID: 4656 (Revision: A) Printed on: 12/26/2018
File ID: 4656
Enactment Number: 13801
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
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, and Virginia Key Beach Park Trust,awe
Cvhihitinn o� �th„r;ty (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:
(1) Procurement of dues and memberships in trade or professional organizations;
registration fees for trade and career fairs; subscriptions for periodicals and
newspapers; advertisements; postage; abstracts of titles for real property and title
searches; title insurance for real property; water, sewer, and electrical utility services;
copyrighted materials or patented materials including but not limited to technical
pamphlets, published books, maps, testing or instructional materials; fees and costs
of job-related seminars and training.
(2) The sale or lease of city -owned real property, as these are governed by the
provisions of 3f(iii) and Section 29 A -D of the City Charter and chapter 18, article V of
the City Code.
(3) Goods purchased with petty cash in accordance with established city procedures.
(4) Items purchased for resale to the general public.
(5) Purchase of groceries.
(6) Artistic services or works of art.
(7) Hotel accommodation and services.
(8) Public -owned transportation.
(9) Purchase of tickets for special events, tourist attractions and amusement parks.
City of Miami Page 10 of 13 File ID: 4656 (Revision: A) Printed on: 12/26/2018
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Enactment Number: 13801
(10) City -sponsored events at hotels, motels, restaurants, or other similar venues not
owned by the city.
(11) Entertainment services for city -sponsored events.
(12) Purchases of motor vehicle license plates from a governmentally regulated
monopoly or a government agency.
(13) Travel on city business as provided in APM-77, as amended.
(14) Persons retained as expert consultants, as defined herein.
(15) Maintenance and licensing agreements to support continued, on-going use of
proprietary software applications, the original software purchase of which was
procured and approved fully in accordance with chapter 18, article III of the City
Code.
(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.
Sec. 18-74. - Cone of silence.
(a) The requirements of subsection 2-11.1(t) ("Cone of Silence Ordinances") of the Code of
Miami -Dade County, Florida, as amended, shall not be applicable to the city.
(b) Cone of silence. The cone of silence shall be applicable only to contracts for the provision of
goods and services and public works or improvements for amounts greater than
$200,000.00; provided, however, that the cone of silence shall not be applicable to the city
attorney's office nor to the office of the independent auditor general.
(c) "Cone of silence" is defined to mean a prohibition on:
(1) Any communication regarding a particular request for proposals ("RFP"), request for
qualifications ("RFQ"), request for letters of interest ("RFLI"), invitation for bids
("IFB") or any other advertised solicitation between a potential proposer, offeror,
respondent, bidder, lobbyist, or consultant and the city's professional staff including,
but not limited to, the city manager and his or her staff;
(2) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between the mayor, city commissioners or their respective
staffs and any member of the city's professional staff including, but not limited to, the
city manager and his or her staff;
City of Miami Page 11 of 13 File ID: 4656 (Revision: A) Printed on: 12/26/2018
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Enactment Number: 13801
(3) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between a potential proposer, offeror, respondent, bidder,
lobbyist, or consultant and any member of the selection/evaluation committee
therefor;
(4) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between the mayor, city commissioners or their respective
staffs and any member of the selection/evaluation committee therefor; and
(5) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between a potential proposer, offeror, respondent, bidder,
lobbyist, or consultant and the mayor, city commissioners, and their respective staffs;
and
(6) Any communication regarding a particular RFP, RFQ, RFLI, IFB or any other
advertised solicitation between any member of the city's professional staff, including
but not limited to the city manager and his or her staff, and any member of the
selection/evaluation committee therefor. The city manager and the chairperson of the
selection/evaluation committee may communicate about a particular
selection/evaluation committee's recommendation but only after the committee has
submitted its written recommendation to the city manager and provided that should
any change occur in the committee recommendation, the content of the
communication and of the corresponding change shall be described in writing and
filed by the city manager with the city clerk and be included in any recommendation
memorandum submitted by the city manager to the city commission.
Notwithstanding the foregoing, the Cone of Silence shall not apply to:
r. The downtown development authority, the department of off-street parking, the Liberty
City Community Revitalization Trust, and the Civilian Investigative Panel,awe
nni�mi Sperts Jnr! Cvhihi4inn 4ii4hnri4i
*„
Section 5. All of the rights, duties, and obligations of MSEA shall be transferred to the
City including title to all the property and all assets of MSEA. The City hereby ratifies, confirms,
and adopts all acts, actions, and transactions previously authorized, taken, or effected by
MSEA.
Section 6. A new special revenue account titled "Sports Facilities and Activities" is
established and funds in an estimated amount of four hundred twenty thousand dollars
($420,000.00) ("Funds") to include all fund balances remaining in the accounts of MSEA are
transferred to the City. The City Manager is authorized to accept and appropriate said funding
in accordance with all applicable local, State, and Federal laws.
Section 7. All indebtedness, duties, and obligations of MSEA are hereby assumed by
the City.
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 12 of 13 File ID: 4656 (Revision: A) Printed on: 12/26/2018
File ID: 4656
Enactment Number: 13801
Section 8. The Independent Auditor General is directed to conduct an audit of the
accounts and finances of MSEA upon its abolishment in accordance with Section 2-528 of the
City Code.
Section 9. 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 10. This Ordinance shall become effective immediately after final reading and
adoption thereof.3
APPROVED AS TO FORM AND CORRECTNESS
ria ndez, ity ttor ey 9/4/2018 ria ndez, Cify Attor iey 1011612018
3 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 13 of 13 File ID: 4656 (Revision: A) Printed on: 12/26/2018