Ordinance 2018-4172ORDINANCE NO. 2018 -4172
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 -377, TO BE ENTITLED "NON- DISCRIMINATION BY
CITY CONTRACTORS," TO ESTABLISH NON-
DISCRIMINATION REQUIREMENTS FOR CITY
CONTRACTORS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ( "City ") Human Rights Ordinance, codified in
Chapter 62 of the City Code, declares that "there is no greater danger to the health, morals
safety and welfare of the city and its inhabitants than the existence of prejudice against one
another and antagonistic to each other because of actual or perceived differences of race, color,
national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and
familial status, age, disability, ancestry, height, weight, domestic partner status, labor
organization membership, familial situation, or political affiliation "; and
WHEREAS, the Human Rights Ordinance also declares that "prejudice, intolerance,
bigotry and discrimination and disorder occasioned thereby threaten the rights and proper
privileges of its inhabitants and menace the very institutions, foundations and bedrock of a free,
democratic society "; and
WHEREAS, in view of this policy, the City's Human Rights Ordinance prohibits
discrimination in employment, public accommodations, housing, and public services, on the
basis of the classification categories identified above; and
WHEREAS, the City is a longstanding municipal leader in ensuring the civil rights of its
diverse and cosmopolitan population; and
WHEREAS, for several years, the City has included non - discrimination clauses in City
contracts, wherever applicable; and
WHEREAS, the Mayor and City Commission now desire to codify the City's
longstanding practice by amending the City Code to require each City contractor to agree to
comply with the City's Human Rights Ordinance, and to certify that the contractor has adopted
and employs written non - discrimination policies, practices, and standards that, at a minimum,
prohibit the unlawful discriminatory practices identified in the City's Human Rights Ordinance.
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:
CHAPTER 2
ADMINISTRATION
* - -* * --
ARTICLE VI. PROCUREMENT
* * *
DIVISION 3. CONTRACT PROCEDURES
* * *
Section 2 -377. Non - discrimination by city contractors.
Beginning on May 1, 2018, the City shall not enter into a contract resulting from a
competitive solicitation (issued pursuant to this article) with a business unless the
business
Q agrees, in writing, to comply with all applicable provisions of chapter 62,
article II of this Code which, pursuant to section 62 -32, may be cited as the
"City of Miami Beach Human Rights Ordinance "; and
(2) certifies, in writing, that the business has adopted and employs written non-
discrimination policies, practices, and standards that, at a minimum, prohibit
the unlawful discriminatory practices identified in the City of Miami Beach
Human Rights Ordinance.
The provisions of this section shall not apply to any contract entered into prior to
May 1, 2018, or to any competitive solicitation issued prior to the effective date of
this Ordinance.
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 aV day of ,,9rucr , 2018.
2
- PASSED and ADOPTED this %V day of F67709 , 2018.
ATTEST:
2 0y�/ Dan Gelber
z��bi.. Mayor
(Sponsored by Commissis er Mi T a: on ra, . -
INOORP ORATED°
Underline denotes additio". C
Strike through denotes del ".i ••. % ... /
F:WTTO \KALN\ ORDINANCES \Section 2 -37 4,r4. r 1 1tPo ytity Lo (actors.docx
Rafael Gra -do
City Clerk 2 ,/2 5?-
3
APPROVED AS TO
FORM & LANGUAGE
CUTIQt4
MAM
BEAC
Ordinances - R5 E
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 14, 2018
1:30 p.m. Second Reading Public Hearing
SUBJECT: 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 -377, TO BE
ENTITLED "NON - DISCRIMINATION BY CITY CONTRACTORS," TO ESTABLISH
NON- DISCRIMINATION REQUIREMENTS FOR CITY CONTRACTORS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Gongora, the above - referenced Ordinance is
submitted for consideration by the Mayor and City Commission at the January 17, 2018 City
Commission meeting.
FINANCIAL INFORMATION
This Ordinance is expected to have no more than a nominal impact on the City's resources.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
o Comrnission Memo Re Non - Discrimination Requirements for City Contractors (2nd Reading)
o Ordinance Re Non - Discrimination by City Contractors
Page 879 of 1270
Mi AM IBEA&H
OFFICE OF THE CITY ATTORNEY
RAUL J, AGUILA, CITY ATTORNEY
COMMISSIO
MEMORA
D U M
To: Mayor Dan Gelber
Members of the City mmission
Fronv Raul J, Agpii ;,.-
City Attorney'"
Date: February 14, 2018
Subject: 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 2-377, TO
BE ENTITLED "NON- DISCRIMINATiON BY CITY CONTRACTORS," TO
ESTABLISH NON - DISCRIMINATION REQUIREMENTS FOR CITY
CONTRACTORS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
The City's Human Rights Ordinance, codified in Chapter 62, Article 11 of the City Code, prohibits
discrimination in employment, public accommodations, housing, and public services, on the
basis of an individual's actual or perceived race, color, national origin, religion, sex,
intersexuailty, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
For several years, and wherever applicable, the City has included non- discrimination clauses in
City contracts. Pursuant to these clauses, City contractors must fully comply with the City's
Human Rights Ordinance.
The subject Ordinance codifies the City's longstanding practice by amending the City Code to
require each City contractor to agree to comply with the City's Human Rights Ordinance, and to
certify that the contractor has adopted and employs written non - discrimination policies,
practices, and standards that, at a minimum, prohibit the unlawful discriminatory practices
identified in the City's Human Rights Ordinance, The Ordinance shall apply to all City contracts
resulting from a competitive solicitation,
Page 880 of 1270