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2013-3787 Ordinance ORDINANCE NO. 2013-3787 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT,97 BY AMENDING DIVISION 5, ENTITLED "DEBARMENT OF CONTRACTORS FROM CITY WORK," BY AMENDING SECTION 2- 397, ENTITLED "PURPOSE OF DEBARMENT," TO PROVIDE THE PURPOSE FOR SUSPENSIONS; BY AMENDING SECTION 2-398, ENTITLED "DEFINITIONS," TO PROVIDE ADDITIONAL DEFINITIONS REGARDING SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-399, ENTITLED "LIST OF DEBARRED CONTRACTORS," TO PROVIDE FOR THE ADDITIONAL LISTING OF SUSPENDED CONTRACTORS; BY AMENDING SECTION 2-400, ENTITLED "EFFECTS OF DEBARMENT" TO PROVIDE FOR THE EFFECTS OF SUSPENSION; BY AMENDING SECTION 2-401, ENTITLED "CONTINUATION OF CURRENT CONTRACTS," TO PROVIDE THAT SUSPENSION MAY AFFECT THE CONTINUATION OF CURRENT CONTRACTS OR BIDS; BY AMENDING SECTION 2-402, ENTITLED "RESTRICTIONS ON SUBCONTRACTING," TO PROVIDE FOR RESTRICTIONS ON SUSPENDED CONTRACTORS; BY AMENDING SECTION 2-403; ENTITLED "DEBARMENT," TO PROVIDE FOR THE MAYOR AND CITY COMMISSION, AT ITS OPTION AND BY MAJORITY VOTE, TO HEAR DEBARMENT OR SUSPENSION MATTERS, AND TO PROVIDE FOR PROCEDURES FOR THE SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-404, ENTITLED "CAUSES FOR DEBARMENT," BY PROVIDING FOR ADDITIONAL CAUSES FOR DEBARMENT, AND TO PROVIDE FOR CAUSES FOR SUSPENSION; BY AMENDING SECTION 2-405, ENTITLED "DEBARMENT PROCEDURES," TO AMEND THE PROCEDURES FOR DEBARMENT AND TO PROVIDE PROCEDURES FOR THE SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 4-206, ENTITLED "PERIOD OF DEBARMENT," BY PROVIDING FOR PERIODS OF SUSPENSION AND REQUESTS FOR REDUCING PERIODS OF SUSPENSION; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. I WHEREAS, the Mayor and City Commission of the City of Miami Beach deem it in the best interest of the City to amend the City's debarment provisions and to create provisions and procedures for the suspension of contractors under certain specified circumstances. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 5, entitled "Debarment of Contractors from City Work," of Article VI, entitled "Procurement," of Chapter 2, entitled "Administration," of the Miami Beach City Code is hereby amended as set forth below. Other sections in Division 5 are also provided for reference purposes. CHAPTER 2 ADMINISTRATION ARTICLE VI. PROCUREMENT DIVISION 5. Debarment of Contractors from City Work Sec. 2-397. Purpose of debarment and suspension. (a) The city shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only. To effectuate this policy, the debarment and suspension of contractors from city work may be undertaken. (b) The serious nature of debarment and suspension requires that this sanction be imposed only when it is in the public interest for the city's protection, and not for purposes of punishment. Debarment and suspension shall be imposed in accordance with the procedures contained in this division. Sec. 2-398. Definitions. As used in this division: (a) Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly, (i) either one controls or has the power to control the other, or (ii) a third party controls or has the power to control both. Indicia of control include, but are not limited to, a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. 2 (c) Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a city contract, including, but not limited to, vendors, suppliers, providers, bidders, proposers, consultants, subcontractors, and/or design professionals; or (2) Conducts business, or reasonably may be expected to conduct business, with the city as an agent, representative or subcontractor of another contractor. (d) Conviction means a judgment or conviction of a criminal offense, be it a felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a convictions entered upon a plea of nolo contendere. (e) Debarment means action taken by the debarment committee, or by the mayor and city commission as provided in this division, to exclude a contractor (and, in limited instances specified in this division, a bidder or proposer) from city contracting and city approved subcontracting for a reasonable, specified period, not to exceed five (5) years. (f) Debarment committee means a group of seven M individual members, each appointed by the mayor and individual city commissioners, to evaluate and, if warranted, to impose debarment or suspension. Lc Designated Investigator means the person (or persons) charged by the city manager with the duty to investigate and prepare a written report concerning a proposed debarment or suspension, including the cause and grounds therefor, and whether there is probable cause to support the request for suspension or debarment. {q- h Greater weight of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. {4}QIndictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. {+}Legal proceeding means any civil judicial proceeding to which the city is a party or any criminal proceeding. The term includes appeals from such proceedings. 3 i @LkIList of debarred contractors means a list compiled, maintained and distributed by the city's procurement office, containing the names of contractors debarred under the procedures of this division. List of suspended contractors means a list compiled, maintained and distributed by the city's procurement office containing the names of contractors suspended under the procedures of this division. Probable cause means that there is cause to believe that a contractor is guilty of an act or actions that are cause for suspension or debarment as provided in this division. (n) Suspension means action taken by the debarment committee, or by the mayor and city commission as provided in this division, to exclude a contractor; (and, in limited instances specified in this division, a bidder or proposer) from city contracting and city approved subcontracting for a reasonable specified period, not to exceed two (2) years. Sec. 2-399. Lists of debarred and suspended contractors. (a) The city's procurement office, as the agency charged with the implementation of this division, shall: (1) Compile and maintain a current, consolidated list (list) of all contractors suspended or debarred aP4 by the city depaFtW,°^+c. Such lists shall be public record and shall be available for public inspection and dissemination; (2) Periodically revise and distribute the list and issue supplements, if necessary, to all departments, to the office of the city manager, and to the mayor and city commissioners; and (3) Included in the lists shall be the name and telephone number of the city official responsible for its maintenance and distribution. (b) The debarment and suspension lists shall indicate: (1) The names and addresses of all contractors debarred; or suspended, in alphabetical order; (2) The name of the cjty department that recommendeds initiation of the debarment or suspension action; 4 (3) The cause for the debarment or suspension action, as is further described herein, 9F etheF statuteFy eF FegulateFy authefity; (4) The effect of the debarment or suspension action; (5) The termination date for each listing; (6) The contractor's certificate of competency or license number, when applicable; and (7) The person through whom the contractor is qualified, when applicable.; fg1 The name end teleeprhone n��pAhe,�F e f int Of GO rtaGt-iR th�he-depaFtm�eent ��`"'�� reGnmmenrlinn the debarment er S U antinn (c) The city's procurement office shall: (1) In accordance with internal retention procedures, maintain records relating to each debarment or suspension; (2) Establish procedures to provide for the effective use of the debarment and suspension lists, including internal distribution thereof, to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the lists; and (3) Respond to inquiries concerning listed contractors and coordinate such responses with the city department that recommended the action. Sec. 2-400. Effects of debarment and suspension. (a) Debarred or suspended contractors are excluded from receiving contracts, and city departments shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless the city manager determines that an emergency exists justifying such action, and obtains approval from the mayor and city commission, which approval shall be given by a five-sevenths 5/7ths vote of the city commission at a regularly scheduled city commission meeting. Debarred or suspended contractors are also excluded from conducting business with the city as agents, representatives, subcontractors or partners of other contractors. (b) Debarred or suspended contractors are excluded from acting as individual sureties. 5 Sec. 2-401. Continuation of current contracts/disqualification from bids. (a) Commencing on the effective date of this division, all proposed city contracts, as well as request for proposals (RFP), request for qualifications (RFQ), invitations to negotiate (ITN), reque6tc f�—r lefteFs Gf iRt or invitations to bids (ITB) issued by the city, shall incorporate this ordinance and specify that debarment or suspension may constitute grounds for termination of the contract, as well as disqualification from consideration on any RFP, RFQ, ITN, RF-LN;or d+d ITB. (b) The debarment or suspension shall take effect in accordance with the notice provided by the city manager pursuant to subsection 2-405(141) below, except that if a city department has contracts or subcontracts in existence at the time the contractor was debarred; or suspended, the debarment or suspension period may commence upon the conclusion of the contract, subject to approval of same by a five-sevenths 5/7ths vote of the mayor and city commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contracts, or consent to subcontracts with debarred or suspended, contractors, unless the city manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control, and such action is approved by a five-sevenths 5/7ths vote of the mayor and city commission at a regularly scheduled meeting. (d) No further work shall be awarded to a debarred or suspended contractor in connection with a continuing contract, where the work is divided into separate discrete groups and the city's refusal or denial of further work under the contract will not result in a breach of such contract. Sec. 2-402. Restrictions on subcontracting. (a) When a debarred or suspended contractor is proposed as a subcontractor for any subcontract subject to city approval, the department shall not consent to subcontracts with such contractors unless the city manager determines that an emergency exists justifying such consent, and the mayor and city commission approves such decision, by a five-sevenths 5/7ths vote, at a regularly scheduled meeting. (b) The city shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed 6 subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred or suspended prior to bid opening or opening of proposals, where the contract was awarded by the city pursuant to an RFP, RFQ, ITN, RFLI, or b4d ITB. Sec. 2-403. Debarment and suspension. (a) The debarment committee or, at its option and by a majority vote, the mayor and city commission, may, in the public interest, debar or suspend a contractor for any of the causes listed in this division, using the procedures outlined below. The existence of a cause for debarment or suspension, however, does not necessarily require that the contractor be debarred or suspended; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment or suspension decision. (b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling 25 percent or more of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarmentd°" d decision is limited by its terms to specific divisions, organizational elements, or commodities. The debarment committee's or the mayor and city commission's, as the case may decision includes any existing affiliates of the contractor, if they are (i) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. (c) Suspension constitutes suspension of all officers, directors, shareholders owning or controlling 25 percent or more of the stock, partners, divisions or other organizational elements of the suspended contractor, unless the suspension decision is limited by its terms to specific divisions, organizational elements, or commodities. The debarment committee's (or the mayor and city commission's) decision includes any existing affiliates of the contractor, if they are (i) specifically named and (ii) given written notice of the proposed suspension and an opportunity to respond. A contractor's debarment or suspension shall be effective throughout city government. (e) Nothing in this division shall preclude the city from pursuing any other available legal or equitable remedies against the contractor. 7 Sec. 2-404. Causes for debarment and suspension. (a) Debarment. The debaFM°R+ GOMFni++ee shall debaF aA contractor shall be debarred for a conviction or civil judgment: (1) For commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain, performing, or making a claim upon a public contract or subcontract, or a contract or subcontract funded in whole or in part with public funds; or (2) For violation of federal or state antitrust statutes relating to the submission of offers; or (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or (4) For commission of any offense indicating a lack of business integrity or business honesty that may seriously and directly affect the present responsibility of the contractor on a city contract or subcontractor; or For commission of any criminal activity as defined in Chapter 772 of the Florida Statutes, and as that Chapter may be amended; or the aiding or abetting of any offense in subsections (a)(1)-(3) or (a)(5); or Which makes the city the prevailing party in a legal proceeding, and a court determines that the la w suat between the claim(s) filed by the contractor and against the city was frivolous or filed in bad faith. (b) The GGR*ni teeA contractor may be debarred or suspended a GGRtFa (and, in limited instances set forth hereinbelow, a bidder or proposer), based upon the greater weight of the evidence, for: (1) Violation of the terms of a city contract or subcontract, or a contract or subcontract funded in whole or in part by city funds, GUG# including, without limitation, failure to perform or unsatisfactory performance in accordance with i) one or more of the terms of such contracts or subcontract, as certified by the city department administering the contract; or ii) the specifications and/or budget or within the time limit provided in the contract or the failure to perfnrm, er unsatisfaGterily—peFfGF rnr 8 > L or (2) A consistent pattern or documented history of significant deviation from contract specifications, engineering standards, design or material requirements or safety regulations, where such pattern or history has first been presented to the contractor by the city department administering the contract, and where the contractor continues to engage in such deviations; or Violation of the ethical standards set forth in local, state, or federal law, or knowingly failing to disclose criminal or fraudulent conduct relating to public procurement, public officials, or the public trust; or By reason of a contractor's admitted commission, aiding, or abetting of any offense specified in subsection (a); or Violation of a city ordinance or administrative order which lists debarment or suspension as a potential penalty; or- For any other cause so serious or compelling of a nature that it seriously and directly affects the responsibility of the contractor on a city contract or subcontract. Sec. 2-405. - Debarment and suspension procedures. (a) Requests for the debarment or suspension of a contractors may be initiated by a city department or by a citizen-at-large and shall be made in writing on a form Promulgated by the city administration (and approved by the city commission) to the office of the city manager. Upon receipt of a request for debarment or suspension, the city manager shall transmit the request to a designated investigator who shall be charged by the city manager with the duty of promptly investigating and preparing a written report concerning the proposed debarment or suspension, including the grounds for debarment or suspension, as set forth in this division, and the designated investigator's findings and recommendation as to whether probable cause exists to proceed with the request or whether the matter should be dismissed. (b) Upon completion of the aforestated written report, the city manager shall forward � said report to the mayor and city commission at a regularly scheduled meeting. 9 The mayor and city commission shall consider the designated investigator's written report and recommendation and determine whether: a hearing for debarment or suspension should be conducted; or ii no probable cause exists for the allegations in the written request for debarment or suspension and the matter should be dismissed; or further investigation should be made prior to considering whether a hearing should be conducted or the matter should be dismissed; or iv other action, as may be appropriate, should be taken. (c) If the mayor and city commission determine that a hearing should be conducted, the mayor and city commission shall forward the report to the debarment committee or, at its option and by majority vote, the mayor and city commission may elect to hear the matter as the trier of fact instead of the debarment committee. (pd) Notice of proposal to debar or suspend. Within ten 10 working days of the debarment GGFnFnitteemayor and city commission having made a determination that a hearing shall be conducted, the city's procurement office, OR behalf of the debarment nnmmittee, shall issue a notice of proposed debarment or suspension advising the contractor and any specifically named affiliates, by certified mail, return receipt requested, or personal service, containing the following information: (1) That debarment or suspension is being considered; (2) The reasons and causes for the proposed debarment or suspension in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the debarment committee o, r by the mayor and city commission pursuant to a majority vote of the mayor and city commission, on a date and time not less than thirty J301 days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present de evidence and veil testimony, and may GFGss_exa mine rebut evidence and cross- examine testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment or suspension, and of the potential effect of an actual debarment or suspension. 10 (de) No later than seven M working days prior to the scheduled hearing date, the contractor must furnish the city's procurement office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven M working days prior to the hearing, or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The debarment committee, or if heard by the mayor and city commission, the mayor and city commission has the right to grant or deny an extension of time, and, for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. (ef) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment or suspension procedure nor the sole basis of any determination of debarment or suspension. The hearing shall be transcribed, taped, or otherwise recorded by use of a court reporter, at the election of the committee or, if heard by the mayor and city commission, at the election of the mayor and city commission and at the expense of the city. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. Lc� The city's procurement office shall act as staff to the debarment nnmmi++°°trier of fact and, with the assistance of the designated investigator, present evidence and argument to the trier of factdebaFMeRt n„mmi++oo The city attorney's office shall represent the trier of fact and may present evidence and testimony at the debarment or suspension hearing and may rebut evidence and cross-examine testimony presented at the debarment hearing. (#i) Debarment Gongnq4te or suspension decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Q 'FneR-GOMmittee shall make decision shall be made on the basis of all the undisputed, material information in the administrative record, including any undisputed, material submissions made by the contractor. The debarment committee or, if heard by the mayor and city commission, the mayor and city commission, shall be the sole trier of fact. Where actions are based on disputed evidence, the debarment GGMMi oetrier of fact shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the greater weight of the evidence standard. The debmeRt G Mittee shall be the sole tFeeF of TheGGmmT«decision shall be made 11 within ten 10 working days after conclusion of the hearing, unless the debainmeRt GGPRFnittee exteRds thi-s period is extended for good cause. The GGR;Fnittee'sdecision shall be in writing and shall include the GGRIMRttee'sfactual findings, the principal causes of debarment or suspension as enumerated in this division, identification of the contractor and all named affiliates affected by the decision, and the specific term, including duration, of the debarment or suspension imposed. (#k) Notice of debarment soR4n4isor suspension decision. (1) If the d eRt GOMFnittee deGidec +„ ir,, debarment or suspension is imposed, the city manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten 10 working days of the decision, specifying the reasons for debarment or suspension and including a copy of the GGMP;ittee'swritten decision; stating the period of debarment or suspension, including effective dates; and advising that the debarment or suspension is effective throughout the city govern men1de a#R en+c (2) If 9debarment or suspension is not imposed, the city manager shall notify the contractor and any named affiliates, by certified mail, return receipt requested, or personal service, within ten 10 working days of the decision. (+I) All decisions of the debarment nGmmi#eeof debarment or suspension shall be final and shall be effective on the date the notice is signed by the city manager. Decisions of + debarmeRt nnmmitteeare subject to review by the Appellate Division of the Circuit Court. A debarred or suspended contractor may seek a stay of the debarment or suspension decision in accordance with the Florida Rules of Appellate Procedure. Sec. 2-406. - Period of debarment or suspension. (a) The period of debarment or suspension imposed shall be within the sole discretion of the debarment GOMM++eetrier of fact. Debarment or suspension shall be for a period commensurate with the seriousness of the cause(s), and, where applicable, within the guidelines set forth below, but in no event shall debarment exceed five (5) years, or suspension exceed two (2) years. 12 (b) Debarment. The following guidelines for the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2-404(a)(1): Five (5) years. (2) For commission of an offense as described in subsection 2-404(a)(2): Five (5) years. (3) For commission of an offense as described in subsection 2-404(a)(3): Five (5) years. (4) For commission of an offense as described in subsection 2-404(a)(4)-(6): Two (2) to five (5) years. (5) For commission of an offense as described in subsections 2-404LbJ{G}(-14 eF (2): Two (2) to five (5) years. (c) Suspension. The following guidelines for the period of suspension shall apply except where mitigating or aggravating circumstances iustify deviation: For commission of an offense as described in subsection 2-404(b): Up to two (2) years. The debarment Gemmi++oetrier of fact may, in its sole discretion, reduce the period of debarment or suspension, upon the contractor's written request, for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment or suspension was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment or suspension was imposed; or (5) Other reasons the debarment i+nmmitFootrier of fact deems appropriate. (de) The debarred or suspended contractor's written request shall contain the reasons for requesting a reduction in the debarment or suspension period. The city's 13 procurement office, with the assistance of the affected department, shall have thirty 301 days from receipt of such request to submit a written response thereto. SECTION 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same 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. 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 the :?(*A day of,.Sr y%k�r y X2013. PASSED and ADOPTED this /01* day of 7crn u r V , 2013. ATTEST: MA TI HEffl BOWER, MAYOR RAFAEL GRANADO, CITY CLERK Underline denotes additions and stFike thFOUgh denotes deletions F:WTTO\AGUR\RESOS-ORD\Deb end Sne f Contractors from City Work(Option B Final 12-14-12).docx APPROVED AS TO FORM &LANGUAGE INCORP ORATED= 8�FpREXE UTION vo Date 14 MIA�AIBEACH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION INTERIM CITY MANAGER, KATHIE BROOKS (SECOND READING/ PUBLIC HEARING) FROM: JOSE SMITH, CITY ATTO Y DATE: JANUARY 16, 2013 t iA SUBJECT: AMENDMENTS TO DEBARMENT ORDINANCE Pursuant to the request of Mayor Matti Herrera Bower,,proposed amendments to the Debarment Ordinance were considered and approved by the City Commission on First Reading at the November 14, 2012 City Commission meeting. In addition, the Ordinance was referred to the Neighborhoods and Community Affairs Committee for its review. Pursuant to recommendations made at the Neighborhoods and Community Affairs Committee at its November 19, 2012 meeting, an alternate version of the Ordinance was submitted for Commission consideration and passed on First Reading at the December 12, 2012 Commission meeting. The Ordinance is now submitted to the Mayor and City Commission for Second Reading/Public Hearing. JS/DT/mmd FATTWURMMEMOS\Memo re debarment January 8 2013.doex Agenda Item Date MIAMMEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that :a second reading and public hearing will be held by the Mayor and City Commission of the City +of Miami Beach, Florida, in the Commission Chambers, and_Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,,on Wednesday,January 16,2013,to consider the following: 11:00 a.m. An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 2 Of The Miami'Beach City Code Entitled"Administration,"By Amending Article.Vi,Entitled "Procurement," By Amending Division 5, Entitled "Debarment Of Contractors From City Work," By Amending Section 2-397, Entitled "Purpose Of Debarment,"-To Provide The Purpose For Suspensions; By Amending Section 2-398, Entitled "Definitions," To Provide Additional Definitions Regarding Suspension Of Contractors; By Amending Section 2-399, Entitled "List Of Debarred Contractors," To Provide For The Additional Listing Of Suspended.Contractors;.By Amending Section 2-400,Entitled"Effects Of Debarment"To Provide For The Effects Of Suspension;By Amending Section 2-401,Entitled "Continuation Of Current Contracts," To Provide That Suspension May Affect The Continuation Of Current Contracts Or Bids; By Amending Section 2-402, Entitled"Restrictions On Subcontracting," To Provide For Restrictions On `Suspended Contractors; By Amending Section-2-403;.Entitled"Debarment,"To Provide.For The Mayor And.City.Commission, At Its Option And By Majority Vote,_ To Hear Debarment Or Suspension Matters, And To'Provide For Procedures'ForThi§Suspension Of Contractors;ByAmending Section 2-404,Entitled"Causes For Debarment,"By Providing ForAdditional Causes For Debarment,And To Provide For Causes.For Suspension; .By Amending Section 2-405, Entitled "Debarment Procedures;" To Amend The Procedures For Debarment And To Provide Procedures For The Suspension Of Contractors; By Amending Section 4-206, Entitled "Period Of Debarment," By Providing For Periods Of 'Suspension-And Requests For Reducing Periods Of Suspension; Providing For Repealer; Severability;'Codification;And An Effective Date. Inquiries may be directed to the City Attorney's Office at(305)673-7470. 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, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies,of these items are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139.This meeting may be continued,and under such circumstances additional legal notice will not be provided. Rafael E.Granado,City Clerk City of Miami Beach Pursuant to Section 286.0105,Fla.Stat.,the:City hereb y 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 o.r 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 contact us five days in:advance at(305) .673-7411(voice) or TTY users may also call the Florida Relay Service at 711. Ad 6756