BIE - PROHIBITION ON CITY CONTRACTS WITH CAMPAIGN CONSULTANTS (11/27/2024)MIAMI BEACH
City ot Miami Beach,170O Convention Center Drive,Miami Beach,Florida 33139,www .miamibeachtl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager ~Ft?~1=.C.
MEETING DATE:December 11,2024
SUBJECT:BUSINESS IMPACT ESTIMATE
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,"ARTICLE VI,
"PROCUREMENT,"DIVISION 3,"CONTRACT PROCEDURES,"BY
CREATING SECTION 2-379,TO BE ENTITLED "PROHIBITION ON CITY
CONTRACTS WITH CAMPAIGN CONSULTANTS,"TO PROHIBIT THE CITY
FROM CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS,
WITHIN A DEFINED PERIOD OF TIME PRIOR TO THE ISSUANCE OF A
COMPETITIVE SOLICITATION OR EXECUTION OF THE CONTRACT WITH
THE CITY,PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE
FOR CITY ELECTED OFFICE,AND PROVIDE FOR A WAIVER;AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has determined that
a Business Impact Estimate for the above-referenced Ordinance is not required by State law.□The proposed Ordinance is required for compliance with Federal or State law or
regulation;□The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,including,
but not limited to,any Federal,State,local,or private grant or other financial assistance
accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or□The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land development
regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community development
districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page2
If none of the above exceptions apply,this Business Impact Estimate is hereby provided in
accordance with Section 166.041(4),Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission
Memorandum accompanying the Ordinance,as well as in the recitals to the Ordinance itself.The
Commission Memorandum and Ordinance are attached hereto.
2.The City of Miami Beach estimates that the proposed Ordinance will have no direct economic
impact on private,for-profit businesses in the City of Miami Beach;that the proposed Ordinance
will have no direct compliance costs that businesses may reasonably incur;that the proposed
Ordinance will not impose any new charge·or fee for which businesses will be financially
responsible;and that the proposed Ordinance will not impact the City of Miami Beach's regulatory
costs and will not generate any revenue from new charges or fees.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that a limited number of businesses are likely to be impacted
by the proposed Ordinance.The only businesses that will be impacted are businesses that have
performed,or whose principals have performed,campaign consulting services within a two-year
period preceding a future City procurement.
14.Additional comments:None.
R5AP AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH,
FLORIDA,AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI
BEACH,ENTITLED "ADMINISTRATION,"ARTICLE VI,"PROCUREMENT."
DIVISION 3,"CONTRACT PROCEDURES,"BY CREATING SECTION 2-379,TO
BE ENTITLED "PROHIBITION ON CITY CONTRACTS WITH CAMPAIGN
CONSULTANTS,"TO PROHIBIT THE CITY FROM CONTRACTING WITH AN
INDIVIDUAL OR ENTITY WHICH HAS,WITHIN A DEFINED PERIOD OF TIME
PRIOR TO THE ISSUANCE OF A COMPETITIVE SOLICITATION OR EXECUTION
OF THE CONTRACT WITH THE CITY,PERFORMED SERVICES FOR
COMPENSATION TOA CANDIDATE FOR CITY ELECTED OFFICE,AND
PROVIDE FORA WAIVER;AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
Applicable Area:
Ordinances -RS AP
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
November 20,2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH,
FLORIDA,AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI
BEACH,ENTITLED "ADMINISTRATION,"ARTICLE VI,"PROCUREMENT,"
DIVISION 3,"CONTRACT PROCEDURES,"BY CREATING SECTION 2-379,TO
BE ENTITLED "PROHIBITION ON CITY CONTRACTS WITH CAMPAIGN
CONSULTANTS,"TO PROHIBIT THE CITY FROM CONTRACTING WITH AN
INDIVIDUAL OR ENTITY WHICH HAS,WITHIN A DEFINED PERIOD OF TIME
PRIOR TO THE ISSUANCE OF A COMPETITIVE SOLICITATION OR EXECUTION
OF THE CONTRACT WITH THE CITY,PERFORMED SERVICES FOR
COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE,AND
PROVIDE FOR A WAIVER;AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
The attached Ordinance has been placed on the November 20,2024 City Commission meeting
agenda at the request of Commissioner Tanya K.Bhatt.
Chapter 2 of the City Code,at Article VI,entitled "Procurement,"prescribes the manner in which
the City purchases materials,supplies,equipment,and certain contractual services.As stated in
Section 2-311 of the City Code,Article VI of Chapter 2 is also intended to "maintain a high ethical
standard for all officers and employees of the City"in connection with the purchase of materials,
supplies,equipment,and contractual services.
ANALYSIS
This Ordinance amends the City Code to prohibit the City from contracting with an individual or
entity which has,within 2 years prior to the issuance of a competitive solicitation or execution of
a contract with the City,performed services for compensation to a candidate for City elected
office.The prohibition applies if an individual,business entity,or a principal or officer of the
business entity has performed services for compensation within the 2-year period.
The Ordinance allows the City Commission to waive the prohibition by a Resolution adopted on
a five-sevenths (5/7ths)vote.
If this Ordinance is adopted at First Reading,a Second Reading/Public Hearing will be scheduled.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?No
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Tanya K.Bhatt
Co-sponsor(s)
Condensed Title
1st Rdg,Prohibit Contracts with Campaign Consultants.(Bhatt)CA
ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH,FLORIDA,AMENDING CHAPTER 2 OF THE CODE OF THE
CITY OF MIAMI BEACH,ENTITLED "ADMINISTRATION,"ARTICLE VI,
"PROCUREMENT,"DIVISION 3,"CONTRACT PROCEDURES,"BY
CREATING SECTION 2-379,TO BE ENTITLED "PROHIBITION ON CITY
CONTRACTS WITH CAMPAIGN CONSULTANTS,"TO PROHIBIT THE
CITY FROM CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH
HAS,WITHIN A DEFINED PERIOD OF TIME PRIOR TO THE ISSUANCE
OF A COMPETITIVE SOLICITATION OR EXECUTION OF THE
CONTRACT WITH THE CITY,PERFORMED SERVICES FOR
COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE,
AND PROVIDE FOR A WAIVER;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,Chapter 2 of the City Code,at Article VI,entitled "Procurement,"prescribes
the manner in which the City purchases materials,supplies,equipment,and certain contractual
services:and
WHEREAS,pursuant to Section 2-311 of the City Code,Chapter 2,Article VI,is also
intended to "maintain a high ethical standard for all officers and employees of the City"in
connection with the purchase of materials,supplies,equipment,and certain contractual services:
and
WHEREAS,this Ordinance amends the City Code to prohibit the City from contracting
with an individual or entity which has,within a defined period of time prior to the issuance of a
competitive solicitation or execution of a contract with the City,performed services for
compensation to a candidate for City elected office.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.Chapter 2 of the Code of the City of Miami Beach is hereby amended as follows:
CHAPTER2
ADMINISTRATION
•*•
ARTICLE VI.PROCUREMENT
t ••
DIVISION 3.CONTRACT PROCEDURES
•
Secs.2-379 2-380-2-390.Reserved.
t tr
Section 2-379.Prohibition on city contracts with campaign consultants.
@}Prohibition.Beginning on January 1,2025,the city shall not enter into a contract with an
individual or business entity if the individual,business entity,or a principal or officer of the
business entity has performed services for compensation to a candidate for the office of
mayor or city commissioner within 2_years prior to the earlier of the (i)issuance of a
competitive solicitation or (ii)execution of a contract with the city.
(b)aiyer.The prohibition in subsection (a)may be waived by resolution of the city
commission upon a five-sevenths (5/7ths)vote.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3.SEVERABILITY.
If any section,subsection,clause.or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 4.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 part of the Code
of the City of Miami Beach,Florida.The sections of this Ordinance may be renumbered or
relettered 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 on the day of.2024
PASSED and ADOPTED this day of.2024.
ATTEST:
Rafael E.Granado
City Clerk
(Sponsored by Commissioner Tanya K.Bhatt}
Underline denotes additions
Strike through denotes deletions
2
Steven Meiner
Mayor
APPROVED AS TO
FORM AND LANGUAGE-
City Attorney ()K
1)))ze u
Date