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.
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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.
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(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.
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@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;
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(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.
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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
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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.
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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
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> 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.
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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.
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(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
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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.
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(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
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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
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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.
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