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HomeMy WebLinkAboutOrdinance 2025-4787 ORDINANCE NO. 2025-4787 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 3, ENTITLED "CONTRACT PROCEDURES," BY CREATING SECTION 2-375.3, ENTITLED "CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION PROVISIONS OF THE CITY'S HUMAN RIGHTS ORDINANCE," TO REGULATE CITY GRANTS AND SPONSORSHIPS IN ACCORDANCE WITH LOCAL POLICY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is committed to ensuring that public funds are not used to subsidize hate or discrimination; and WHEREAS, the City affirms its commitment to protecting members of all of the protected classification categories set forth at City Code Sec. 62-31 , to include race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, age, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, and political affiliation; and WHEREAS, the City has previously codified, at City Code Sec. 2-377, its prohibition against contracting with parties that discriminate against any member of a protected classification category; and WHEREAS, this Ordinance extends that policy to the administration of City grants and sponsorships, ensuring that recipients of public funds certify compliance with the City's anti-discrimination laws. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 2, Article VI, Division 6 of the Code of the City of Miami Beach is hereby amended by creating Section 2-375.3 as follows: CHAPTER 2 ADMINISTRATION * * * ARTICLE VI. PROCUREMENT DIVISION 6. GRANTS AND SPONSORSHIPS * * * Sec. 2-375.3. Certification of Compliance with City Antidiscrimination Requirements. (1) Definitions. For purposes of this section, the definitions set forth in Sec. 62-31 shall apply. (2) Certification Requirement. Each applicant for a city grant or sponsorship shall sign a certification agreeing to comply with all relevant antidiscrimination laws, and affirming that the applicant will not engage in discrimination based upon any classification category as set forth in city code section 62-31 , in conjunction with the program or project for which the grant or sponsorship is awarded. (3) Disqualification and Penalties. An applicant or recipient found to have engaged in unlawful discrimination based upon any classification category as set forth in city code section 62-31, in conjunction with the program or project for which the grant or sponsorship has been awarded shall be disqualified from eligibility for city grants or sponsorships for a period of ten (10) years. A grant recipient found to have submitted a fraudulent certification shall be subject to a penalty payable to the city treasury in an amount equal to three (3) times the value of the grant awarded. * * * SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. 2 It is the intention of the Mayor and City commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this 1? day of Der✓ bs 6Gr- , 2025. I teven Meiner, Mayor {iJLOt? HARD) ATTEST: Rey ..2 '' - APPROVED AS TO DEC 2 2 2025 FORM & LANGUAGE & FO ECUTION Rafael E. Granado, City Clerk C 61)-7) 20z c City Attorney Date (Sponsored by Commissioner David Suarez) Underline denotes additions Strikethrough denotes deletions Double Underline denotes additions after First Reading illaubleikethriaugh denotes deletions after First Reading Co-Sponsored by Mayor Steven Meiner Co-Sponsored by Commissioner Tanya K.Bhatt Co-Sponsored by Commissioner Laura Dominguez Co-Sponsored by Commissioner Alex J.Fernandez Co-Sponsored by Commissioner Joseph Magazine Co-Sponsored by Commissioner Monica Matteo-Salinas 3 Ordinances - R5 0 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: December 17, 2025 10:40 a.m. Second Reading Public Hearing TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 3, ENTITLED "CONTRACT PROCEDURES," BY CREATING SECTION 2-375.3, ENTITLED "CERTIFICATION OF COMPLIANCE WITH ANTIDISCRIMINATION PROVISIONS OF THE CITY'S HUMAN RIGHTS ORDINANCE," TO REGULATE CITY GRANTS AND SPONSORSHIPS IN ACCORDANCE WITH LOCAL POLICY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The City of Miami Beach is committed to ensuring that public funds are not used to subsidize hate or discrimination. The City affirms its commitment to protecting members of all of the protected classification categories set forth at City Code Sec. 62-31, to include race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, age, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, and political affiliation. The City has previously codified, at City Code Sec. 2-377, its prohibition against contracting with parties that discriminate against any member of a protected classification category. If adopted, this Ordinance extends that policy to the administration of City grants and sponsorships, ensuring that recipients of public funds certify compliance with the City's anti- discrimination laws. FISCAL IMPACT STATEMENT N/A 2182 of 3458 Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: 10/9/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481 L includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner David Suarez Co-sponsor(s) Mayor Steven Meiner Condensed Title 10:40 a.m. 2nd Rdg, Sponsorship/Grant Restriction, Entities Engage in Discrimination. (DS/SM) CA Previous Action (For City Clerk Use Only) First Reading Public Hearing on 9/17/2025 - R5 W 2183 of 3458