2013-3794 Ordinance ORDINANCE NO. 2013-3794
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 29, ENTITLED "DEBARMENT COMMITTEE," BY
AMENDING THE PURPOSE, POWERS, AND DUTIES OF THE
COMMITTEE TO INCLUDE AUTHORITY TO CONSIDER THE
SUSPENSION OF CONTRACTORS IN ADDITION TO DEBARMENTS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, on January 16, 2013, the City Commission adopted Ordinance No. 2013-
3787 which amended the City's Debarment Ordinance to include, among other things,
suspension procedures in addition to debarment procedures, and the authority of the Mayor and
City Commission, by a majority vote, to debar or suspend contractors rather than the
Debarment Committee; and
WHEREAS, in order to provide consistency between the new provisions in the
Debarment Ordinance and the City Code provisions concerning the Debarment Committee, the
amendments proposed herein to the purpose, powers, and duties of the Committee are needed.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1.
That Chapter 2, Article III, Division 29 of the Miami Beach City Code is hereby amended
as follows:
Chapter 2
ADMINISTRATION
ARTICLE III. AGENCIES, BOARDS AND COMMITTEES
DIVISION 29. DEBARMENT COMMITTEE
Sec. 2-190.128. Established.
There is hereby established a debarment committee in the city whose purposes, power
and duties, composition, membership qualifications, and general governing regulations are as
follows in this division.
Sec. 2-190.129. Purpose.
The committee's purpose is to evaluate and, if warranted, impose debarment or
suspension as provided in sections 2-397 through 2-406 to exclude a contractor (and, in limited
instances, a bidder or proposer) from city contracting and city approved subcontracting.
Sec. 2-190.130. Powers and duties.
The committee is vested with the power and authority to conduct quasi-judicial hearings,
as authorized and provided in sections 2-511 through 2-513, with regard to debarment and
suspension procedures and to impose penalties, all as more specifically set forth in sections 2-
397 through 2-406.
Sec. 2-190.131. Composition.
The committee shall consist of seven voting members to be individually appointed by the
mayor and city commissioners. If any member of the committee abstains from voting at two
meetings within a calendar year, said member shall be automatically removed from the
committee. The committee shall meet only as convened pursuant to the debarment ordinance
set forth in section 2-405.
Sec. 2-190.132. Knowledge and experience.
The committee shall be composed of persons who possess outstanding reputations for
civic activity and interest, integrity, responsibility, and business or professional ability.
Sec. 2-190.133. Supporting departments.
The supporting department shall be the office of the city manager/procurement office.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
2
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 23rd day of March , 2013.
PASSED and ADOPTED this 13th day of March , 2013.
ATTEST:
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\� A HERRERA Ow
RAFAEL GRANADO, CITY �NC�Rp ORATED
(Sponsored by Mayor Matti Her wer. ..• \ 7'
CIS 26, APPROVED AS TO
Underline denotes additions L. ' " FORM & UAGE
&FOR EC TION
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T RNEY D TE
F:WTT000MORDINANCWmending Debarment Committee 2013.docx
® MIAMIBEACH
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
FROM: JOSE SMI
CITY AT O EY
DATE: March 13,
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 29, ENTITLED "DEBARMENT COMMITTEE," BY
AMENDING THE PURPOSE, POWERS, AND DUTIES OF THE
COMMITTEE TO INCLUDE AUTHORITY TO CONSIDER THE
SUSPENSION OF CONTRACTORS IN ADDITION TO DEBARMENTS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
On January 16, 2013, the City Commission adopted Ordinance 2013-3787 which
amended the City's Debarment Ordinance. Among other things, the new Ordinance amended
the debarment provisions to include suspension procedures in addition to debarment
procedures. In order to provide consistency between the new provisions in the Debarment
Ordinance and the City Code provisions concerning the Debarment Committee's purpose,
powers, and duties, the attached Ordinance sets forth minor amendments to enable the
Debarment Committee to conduct suspension hearings and to impose suspension penalties in
addition to debarment hearings and penalties. The Ordinance was passed on First Reading by
the City Commission on February 6, 2013 and is sponsored by Mayor Matti Herrera Bower.
DT/sc
FAATTO\TURN\COMMMEMO\Amending Debarment Committee Memo.doc
Agenda Item 95D
Date 3-13-13
14HE I THURSDAY,FEBRUARY28,2013 N�
MIA 1BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that second readings and 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,March 13,2013 to consider
the fallowing:
10:15 am.
Ordinance Amending The Miami Beach City Code By Amending Chapter 2,
Entitled"Administration,"By Amending Article III,Entitled"Agencies,Boards
And Committees,"By Creating Division 34,To Be Entitled"Bicycle-Pedestrian
Facilities Advisory Committee,"And Sections 2-190.149 Through 2-190.153
Therein To Provide Provisions Establishing The Committee And Its Purpose,
Powers And Duties,Composition,And Supporting Department
Inquiries may be directed to the Public Works Department at
(305)673-7080.
10:30 am.
Ordinance Amending.Chapter 10 Of The Miami Beach City Code Entitled
"Animals;' By Amending Section 10-11, Entitled "Running At Large
Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In
South Pointe Park Through And Including June 30,2013._
Inquiries may be directed to the.Parks and Recreation Department at
(305)673-7730.
10:45 a.m.
CD-2 Self Storage:
Ordinance Amending The Code OF The City Of Miami Beach,Florida,Chapter
1.42, "Zoning Districts And Regulations," Article li, "District Regulations,"
Division 5, CD-2 "Commercial, Medium Intensity District;' By Permitting
"Self-Storage Warehouses"As.A Conditional Use In This Zoning.District.
Inquiries may be directed to the Planning Department at(305)673-7550.
11:00 am.
dinance Amending The Miami Beach City Code By Amending Chapter 2,
Entitled "Administration." By Amending Article III, Entitled "Agencies,
Boards And Committees," By Amending Division 29, Entitled "Debarment
Committee," By Amending The Purpose. Powers, And Duties Of The
Committee To Include Authority To Consider The Suspension Of Contractors
In Addition To Debamnents.
Inquiries may be directed to the City Attorney's Office at(305)673-7470.
5:15 P.M.
Hotel Parking Requirements:
Ordinance Amending The Code Of The City Of Miami Beach, Florida,
By Amending Chapter 130 "Off-Street Parking," Article Ii, "Districts;
Requirements," By Amending The Off-Street Parking Requirements For
Hotels h n All Districts.
Inquiries may be directed to the Planning Department at(305)673-7550.
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,c7o the City Clerk,1700 Convention Center Drivel st Floor,
City Hall,Miami Beach,Florida 33139.Copies of these items are ava fable for
public Inspection during normal business hours in the City Clerk's Office,1700
Convention Center Drive,1st Floor,City Hal, 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 hereby advises the public
that:If aperson decidesto appeal any decision made bythe 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 Clty for the introduction
or admission of otherwise Inadmlsslble 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 arry
City-sponsored proceeding,please contact us five days in advance at(305)
673-7411(voice)or TTY hers may also call the Florida Relay Service at 711.
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