The URL can be used to link to this page

Home My WebLink About2006-3544 Ordinance ORDINANCE NO. 2006-3544 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5 THEREOF ENTITLED "CAMPAIGN FINANCE REFORM", SECTIONS 2-487 "PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS", and 2- 488 "PROHIBITED CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES", BY EXPANDING NOTICE REQUIREMENTS OF CITY CAMPAIGN FINANCE LAWS, AND EXEMPTING FROM THE DEFINITIONS OF "VENDOR" AND "LOBBYIST" THOSE PERSONS AND/OR ENTITIES WHO PROVIDE OR LOBBY REGARDING GOODS, EQUIPMENT, OR SERVICES NOT EXCEEDING $10,000.00 PER CITY OF MIAMI BEACH FISCAL YEAR WHEREIN CITY COMMISSION ACTION IS NOT REQUIRED; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code section 2-487 entitled "Prohibited Campaign Contributions by Vendors", subsections A(l)(a) and A(4)(a) 1 thereof are hereby amended to read as follows: Sec. 2-487. Prohibited Campaign Contributions by Vendors. A. General. * * * (1) (a) No vendor shall give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Commencing on the effective date of this ordinance, all proposed city contracts, purchase orders, standing orders, direct payments, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or bids issued by the city, shall incorporate this section so as to notify potential vendors of the proscription embodied herein. * * * (4) As used in this section: (a) 1. A "vendor" is a person and/or entity who has been selected by the city as the successful bffitlef contractor on a present or pending bffi solicitation for goods, equipment or services~ or has been approved by the city on a present or pending award for goods, equipment or services, prior to or upon execution of a contract, purchase order~ ef standing order, direct payment or purchasing card payment. The term "vendor" shall not include those persons and/or entities who provide goods, equipment or services not exceeding $10,000.00 in a City of Miami Beach fiscal year wherein City Commission action is not required. * * * SECTION 2. That Miami Beach City Code section 2-488 entitled "Prohibited Campaign Contributions by Lobbyists on Procurement Issues", subsections (1) and (1)(a) thereof, is hereby amended to read as follows: Sec. 2-488. Prohibited Campaign Contributions by Lobbyists on Procurement Issues. (1) No lobbyist on a present or pending bid solicitation for goods, equipment or services or on a present or pending award for goods, equipment or services prior to or upon execution of a contract. purchase order, standing order, direct payment, or purchasing card payment shall solicit for or give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. The term "lobbyist" shall not include those individuals who lobby on behalf of persons and/or entities in connection with their provision of goods, equipments or services not exceeding $10,000.00 in a City of Miami Beach fiscal year wherein City Commission action is not required. (a) Commencing on the effective date of this ordinance, all proposed city contracts, purchase orders, standing orders, direct payments, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or bids issued by the city, shall incorporate this section so as to notify lobbyists of the proscription embodied herein. * * * SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. 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 5. CODIFICATION. 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 6. EFFECTIVE DATE This Ordinance shall take effect the 16th day of December ,2006. f PASSED and ADOPTED this ~ day of December ,2006. ATTEST: riJ ~ ~Q Pt/A-~ MAYOR David Dermer APPROVED AS TO FORM lit LANGUAGE & FOR EXECUTION CITY CLERK Robert Parcher F:\atto\OLIJ\RES-ORD\Camoaign Finance Reform-Second - Div 5- (vendors).ord.doc JOSE SMITH City Attorney TO: FROM: SUBJECT: OFFICE OF THE CITY ATTORNEY ~ tlJIdomi 1IewA F L A o A D Telephone: Facsimile: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM MAYOR DAVID DERMER, DATE: DECEMBER6,2006 MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE M. GONZALEZ CITY ATTORNEY JOSE SMI~ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5 THEREOF ENTITLED "CAMPAIGN FINANCE REFORM," SECTIONS 2-487 "PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS," and 2-488 "PROHIBITED CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES," BY EXPANDING NOTICE REQUIREMENTS OF CITY CAMPAIGN FINANCE LAWS, AND EXEMPTING FROM THE DEFINITIONS OF "VENDOR" AND "LOBBYIST" THOSE PERSONS AND/OR ENTITIES WHO PROVIDE OR LOBBY REGARDING GOODS, EQUIPMENT, OR SERVICES NOT EXCEEDING $10,000.00 PER CITY OF MIAMI BEACH FISCAL YEAR WHEREIN CITY COMMISSION ACTION IS NOT REQUIRED; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The attached Ordinance, which has been reviewed and approved by the Neighborhoods/Community Affairs Committee, amends two sections ofthe City's Campaign Finance laws concerning prohibited donations by City Vendors and by Lobbyists on Procurement Issues. Specifically, the amendments propose expanding the notice requirements that the City must give of its campaign finance laws; the ordinance also proposes exempting from the definition of "vendor" and "lobbyist" those persons and/or entities who provide or lobby regarding goods, equipment or services not exceeding $10,000 per City fiscal year where City Commission action is not required. On October 11, 2006, the City Commission approved on first reading this proposed legislation. Accordingly, the attached Ordinance is ready for City Commission review and discussion. F:latto\OLIJ\CMEMO\Campaign Finance Reform 12-6.doc Agenda Item RSD 1700 Convention Center Drive -- Fourth Floor -- Miami Beach Date /02- ~ -CJr&, ~ MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, December 6, 2006, to consider the following: 10:15 a.m. An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "Miscellaneous Offenses," By Amending Article VI Entitled "Sexual Offenders And Sexual Predators," By Amending Section 70-40, Entitled "Definitions" By Providing Definitions For Sexual Offenders And Sexual Predators, By Amending Section 70-402, Entitled "Sexual Offender And Sexual Predator Residence Prohibition; Penalties; Exceptions," By Providing A Prohibition For Sexual Offenders And Sexual Predators From living Within 2500 Feet Of Specified Locations Within The City Of Miami Beach Who Are Required To Register As A Sexual Offender Or A Sexual Predator With The State Of Florida Department Of Law Enforcement (FDLE); By Amending Section 70-404, Entitled "Additional Restrictions"By Providing That Persons Who Are Either Convicted Of Certain VIOlations In Which The Victim Was Less Than 16 Years Of Age, Regardless Of Whether Adjudication WasWithheld, Or Are Required To Register As Sexual Offenders Or Sexual Predators With The FDLE Are Prohibited From Knowingly Being Present In A County Or Municipal Park And Providing Signage Notification Of The Prohibition. Inquiries may be directed to the City Attorney's Office at (305) 673.7470. 10:20 a.m. An Ordinance Amending Ordinance No. 1335, The Classified Employee's Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of Annual And Sick Leave For The Fraternal Order Of Police (FOP). Inquiries may be directed to the Human Resources Department at (305) 673-7520. 10:25 a.m. An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Sections 2-21 And 2-22 Thereof Regarding General Requirements For Membership On City Of Miami Beach's Agencies, Boards And Committees, By Changing Term Limits For At-Large Members And Providing For Automatic Expiration Of Direct Appointments In Certain Instances. Inquiries may be directed to the City Attorney's Office at (305) 673-7470. 10:30 a.m. An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Thereof Entitled "Campaign Rnance Reform," Sections 2-487 "Prohibited Campaign Contributions By Vendors," And 2-488 "Prohibited Campaign Contributions By Lobbyists On Procurement Issues," By Expanding Notice Requirements Of City Campaign Finance Laws, And Exempting From The Definitions Of "Vendor" And "Lobbyist" Those Persons AndlOr Entities Who Provide Or Lobby Regarding Goods, Equipment, Or Services Not Exceeding $10,000.00 Per City Of Miami Beach Rscal Year Wherein City Commission Action Is Not Required. Inquiries may be directed to the City Attorney's Office at (305) 673-7470. 10:35 a.m. An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Section 130 "Off-Street Parking," Article V "Parking Impact Fee Program, "Section 130-132 "Fee Calculation," By Raising The Parking Impact Fee As Specified In Section 130-132 (D) Of The City Code. Inquiries may be directed to the Planning Department at (305) 673-7550. 11:30 a.m. An Ordinance Amending Division 2, Entitled "Handbills," Of Article III, Entitled "Litter," Of Chapter 46 Of The City Code, Entitled "Environment,"By Prohibiting The Distribution Of Commercial Handbills In Limited Areas Of The City; By Creating Rebuttable Presumptions Regarding Authorization Of Distribution Of Commercial Handbills; By Providing For Seizure Of Handbills For Use As Evidence At Prosecution; By Providing For Removal Of Handbills At Violator's Expense; By Amending Definitions Section By Creating Definitions Of Violator, Business, Commercial Handbill, And One Day And Amending Definitions Of Handbill, Person And Public Parking Lot; By Amending Provisions Providing For Fines And Penalties For Violations, Appeal Procedures, And Alternate Means Of Enforcement. Inquiries may be directed to the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please c~ntac~ (305)604-2489 (voice), 21 <D o o N ~ '" UJ a:l ::E: UJ > o z ~ <( Cl V> '" => :I: t- a :; ... :z: E c E ~ E 8 -ci ~ '" :I: E O'C ~ cD ~