HomeMy WebLinkAboutOrdinance 2022-4461 ORDINANCE NO. 2022-4461
AN ORDINANCE OF THE MAYOR AND CITY- COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION" BY AMENDING
ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 5,
ENTITLED "DEBARMENT OF CONTRACTORS FROM CITY WORK," BY
AMENDING SECTION 2-405 THEREOF, ENTITLED "DEBARMENT AND
SUSPENSION PROCEDURES," TO AUTHORIZE THE CITY MANAGER TO
TRANSMIT A REQUEST FOR DEBARMENT OR SUSPENSION TO THE
OFFICE OF INSPECTOR GENERAL FOR INVESTIGATION; AND, PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, on November 6, 2018, the City' s voters approved an amendment to the City
Charter, creating Article IX, which creates the City of Miami Beach Office of Inspector General
("OIG"); establishes the functions of the office; provides the Inspector General with the power to
subpoena witnesses, administer oaths, and require production of records, in order to conduct its
investigations; and provides that the Inspector General's appointment, term, functions, authority,
and powers shall be further established by Ordinance; and
WHEREAS, on February 23, 2019, the Mayor and City Commission adopted Ordinance
No. 2019- 4239, to implement the provisions of the newly created Article IX of the City Charter;
and
WHEREAS, on September 18, 2019, the Ad Hoc Inspector General Selection Committee
unanimously recommended the appointment of Mr. Joseph M. Centorino as the City' s Inspector
General; and
WHEREAS, on October 16, 2019, pursuant to Section 2- 256(b)(2) of the City Code, the
Mayor and Commission appointed Joseph M. Centorino as Inspector General of the City of Miami
Beach ("IG"), and authorized the negotiation of an employment agreement with Mr. Centorino;
and
WHEREAS, in OIG report No. 20-07 on Management of the Palm & Hibiscus
Neighborhood Infrastructure Improvement Project, dated March 10, 2021, the IG recommended
amending the City's Debarment Ordinance to authorize the OIG to conduct fact investigations
and submit to the City Manager and Director of Procurement reports of investigations on the
performance of City contractors for possible debarment.
WHEREAS, the Mayor and City Commission hereby accept IG's recommendation, and
amend the City's Debarment Ordinance to authorize the City Manager to transmit a request for
debarment or suspension of contractors to the OIG for investigation.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-405 of Article VI, Chapter 2 of the Code of the City of Miami Beach
is hereby amended as follows:
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CHAPTER 2
ADMINISTRATION
ARTICLE VI. PROCUREMENT
DIVISION 5. DEBARMENT OF CONTRACTORS FROM CITY WORK
Sec. 2-405. Debarment and suspension procedures.
(a) Requests for the debarment or suspension of a contractor 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 the office of Inspector General or 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.
The mayor and city commission shall consider the designated investigator's written report
and recommendation and determine whether:
(1) A hearing for debarment or suspension should be conducted; or
(2) No probable cause exists for the allegations in the written request for debarment or
suspension and the matter should be dismissed; or
(3) Further investigation should be made prior to considering whether a hearing should be
conducted or the matter should be dismissed; or
(4) 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.
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SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 5. 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 re-
lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
article," or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the 3° day of T4tiaGr 2022
PASSED AND ADOPTED this day of 2022.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado City Clerk
Underline denotes additions
StFikethFeuo denotes deletions
(Sponsored by Commissioner Mark Samuelian)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney (� Date'
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Ordinances-R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: January 20,2022
10:15 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION" BY
AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING
DIVISION 5, ENTITLED "DEBARMENT OF CONTRACTORS FROM CITY
WORK," BY AMENDING SECTION 2-405 THEREOF, ENTITLED
"DEBARMENT AND SUSPENSION PROCEDURES," TO AUTHORIZE THE
CITY MANAGER TO TRANSMIT A REQUEST FOR DEBARMENT OR
SUSPENSION TO THE OFFICE OF INSPECTOR GENERAL FOR
INVESTIGATION; AND, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
The attached Ordinance was prepared at the request of Commissioner Mark Samuelian, the
sponsor, and approved on first reading at the December 8, 2021 Commission meeting.
The Ordinance amendment is supported by the Inspector General and the Administration, and
would implement a recommendation made in the Investigation of Palm and Hibiscus Islands
Neighborhood Infrastructure Improvement Project, Preliminary Report(OIG No. 20-07).
SUPPORTING SURVEY DATA
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Mark Samuelian
Page 655 of 1313
ATTACHMENTS:
Description
o Ordinance
Page 656 of 1313