2017-29797 Reso RESOLUTION NO. 2017-29797
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING RESOLUTION NO. 2016-29375 TO
AUTHORIZE THE MAYOR AND CITY COMMISSION,
UPON WRITTEN RECOMMENDATION OF THE CITY
MANAGER, TO WAIVE, BY 5/7THS VOTE, THE CITY'S
MORATORIUM ON THE PURCHASE BY THE CITY OF
GOODS OR SERVICES SOURCED IN NORTH CAROLINA
AND MISSISSIPPI, WHENEVER ANY SUCH WAIVER
MAY BE REQUIRED FOR FEDERAL, STATE, OR MIAMI-
DADE COUNTY FUNDING ELIGIBILITY PURPOSES; AND
ACCORDINGLY, WAIVING, BY 5/7THS VOTE, THE
REQUIREMENTS OF RESOLUTION NO. 2016-29375
WITH RESPECT TO ANY PROJECTS FUNDED BY OR
THROUGH THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
WHEREAS, the City of Miami Beach's Human Rights Ordinance 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 differences of race, color, national origin, religion, sex, intersexuality,
gender identity, sexual orientation, marital and familial status, age, or disability"; and
WHEREAS, recently, state legislatures across the country have considered a
wave of legislation that threatens the health, safety, and welfare and weakens the civil
rights of the lesbian, gay, bisexual, and transgender ("LGBT") community; and
WHEREAS, on April 13, 2016, the Mayor and City Commission adopted
Resolution No. 2016-29375, condemning invidious and discriminatory legislation
adopted by the States of North Carolina and Mississippi, prohibiting official City travel to
North Carolina and Mississippi, and imposing a moratorium on the purchase by the City
of goods or services sourced in North Carolina or Mississippi, until such discriminatory
legislation is either repealed or declared unconstitutional by a court of law; and
WHEREAS, from time to time, the City applies for Federal, State, or Miami-Dade
County funding to support a wide range of City projects, and such grants are often
contingent on the City's compliance with the requirements of the grantor agency; and
WHEREAS, the purchasing moratorium set forth in Resolution No. 2016-29375
may, on occasion, preclude the City from eligibility for Federal, State, or Miami-Dade
County funding; and
WHEREAS, notwithstanding the City's steadfast commitment to equality and
nondiscrimination, the City desires to authorize the Mayor and City Commission to
waive, by 5/7ths vote, the City's moratorium on the purchase by the City of goods or
services sourced in North Carolina and Mississippi, whenever any such waiver may be
required for Federal, State, or Miami-Dade County funding eligibility purposes; and
WHEREAS, because such waiver is required for the City's eligibility for Florida
Department of Transportation ("FDOT") funds, the Mayor and City Commission desire to
waive, by 5/7ths vote, the purchasing restrictions set forth in Resolution No. 2016-29375
with respect to any projects funded by or through FDOT.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby amend Resolution No. 2016-29375 to authorize the Mayor and City
Commission, upon written recommendation of the City Manager, to waive, by 5/7ths
vote, the City's moratorium on the purchase by the City of goods or services sourced in
North Carolina and Mississippi, whenever any such waiver may be required for Federal,
State, or Miami-Dade County funding eligibility purposes; and accordingly, waive, by
5/7ths vote, the requirements of Resolution No. 2016-29375 with respect to any projects
funded by or through the Florida Department of Transportation.
PASSED AND ADOPTED this GU day of rnGrcit.. , 2017.
Attest:
Philip Levine
Mayor '` APPROVED AS TO
FORM & LANGUAGE
Rafael E. anado ca2c
& FOR EXECUTION
City Clerk cJ —
City Attorney Dote
F:\ATTO\KALN\RESOLUTIONS\Reso amending 2016-29375 to create 5-7ths waiver.docx
Resolutions - C7 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 22, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2016-29375 TO
AUTHORIZE THE MAYOR AND CITY COMMISSION, UPON WRITTEN
RECOMMENDATION OF THE CITY MANAGER, TO WAIVE, BY 5/7TH VOTE,
THE CITY'S MORATORIUM ON THE PURCHASE BY THE CITY OF GOODS OR
SERVICES SOURCED IN NORTH CAROLINA AND MISSISSIPPI, WHENEVER
ANY SUCH WAIVER MAY BE REQUIRED FOR FEDERAL, STATE, OR MIAMI-
DADE COUNTY FUNDING ELIGIBILITY PURPOSES; AND ACCORDINGLY,
WAIVING, BY 5/7TH VOTE, THE REQUIREMENTS OF RESOLUTION NO. 2016-
29375 WITH RESPECT TO ANY PROJECTS FUNDED BY OR THROUGH THE
FLORIDA DEPARTMENT OF TRANSPORTATION.
RECOMMENDATION
Adopt the resolution.
ANALYSIS
The City of Miami Beach's Human Rights Ordinance 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 differences of race,
color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and
familial status, age, or disability." Recently, state legislatures across the country have
considered a wave of legislation that threatens the health, safety, and welfare and weakens the
civil rights of the lesbian, gay, bisexual, and transgender("LGBT")community.
On April 13, 2016, the Mayor and City Commission adopted Resolution No. 2016-29375,
condemning invidious and discriminatory legislation adopted by the States of North Carolina and
Mississippi, prohibiting official City travel to North Carolina and Mississippi, and imposing a
moratorium on the purchase by the City of goods or services sourced in North Carolina or
Mississippi, until such discriminatory legislation is either repealed or declared unconstitutional by
a court of law.
However, from time to time, the City applies for Federal, State, or Miami-Dade County funding to
support a wide range of City projects, and such grants are often contingent on the City's
compliance with the requirements of the grantor agency. The purchasing moratorium set forth in
Page 101 of 154
Resolution No. 2016-29375 may, on occasion, preclude the City from eligibility for Federal,
State, or Miami-Dade County funding. Notwithstanding the City's steadfast commitment to
equality and nondiscrimination, the item requests that the Mayor and City Commission waive, by
5/7ths vote, of the City's moratorium on the purcho:e by th City of goods or services sourced
in North Carolina and Mississippi, whenever any such waiver may be required for Federal, State,
or Miami-Dade County funding eligibility purposes. Because such waiver is required for the
Citys eligibility for Florida Department of Transportation ("FDOT") funds, the Mayor and City
Commission desire to waive, by 5/7ths vote, the purchasing restrictions set forth in Resolution
No. 2016-29375 with respect to any projects funded by or through FDOT.
CONCLUSION
The City Manager recommends that the Mayor and City Commission adopt the resolution to
waive, by 5Rths vote, the purchasing restrictions set forth in Resolution No. 2016-29375
whenever any such waiver may be required for Federal, State, or Miami-Dade County funding
eligibility purposes.
Legislative Tracking
Procurement
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
D Resolution
Page 102 of 154