Ordinance 2022-4480 ORDINANCE NO., 2022-4480
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 31 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PURCHASING," BY CREATING
SECTION 31-1 THEREOF, ENTITLED :"MANAGEMENT POLICY FOR
INTERNAL CONTROLS ON MAJOR CONSTRUCTION PROJECTS," TO
REQUIRE A COMPREHENSIVE CITY-WIDE POLICY AND PROCEDURES FOR
PROCUREMENT AND IMPLEMENTATION OF CITY CONSTRUCTION
PROJECTS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,the City of Miami Beach is committed to following best practices in the design
and execution of all construction projects initiated and conducted by the City to ensure integrity,
efficiency, accountability and transparency; and
•
WHEREAS, the City Administration has worked in collaboration with the Office of the
Inspector General to create and refine a comprehensive management policy designed to establish
additional internal controls; and
WHEREAS, the City.Commission further desires to strengthen its commitment to the
policy, by amending the City Code to require a Management Policy for Internal Controls on Major
Construction Projects to remain in place at all times (the "Management Policy"); and
WHEREAS, once the amendment to the City Code is approved, and the initial
Management Policy is adopted by resolution of the City Commission, any subsequent material
amendment to the Management Policy shall also be subject to the prior approval of.the City
Commission, via resolution of the City Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 31-1 of Article ll of Chapter 31 of the Code of the City of Miami Beach
is hereby amended as follows:
CHAPTER 31
PURCHASING
* * *
ARTICLE I. IN GENERAL
Sec. 31-1. - Management policy for internal controls on major construction projects.
a. The city manager shall adopt and maintain a comprehensive citywide policy for the
management of all major construction projects conducted by the city. 'The policy shall
provide for procedures and internal controls for the initiation and management of such
projects from procurement through completion, as may be amended from time to time to
codify best practices in construction management. The policy, and any subsequent
amendments thereto, shall be subject to approval by resolution of the city commission.
b. The policy shall apply to all city departments managing city construction projects. Any
material deviation from the policy, based on criteria developed by the administration, must
be submitted in writing for approval by the city manager, following which, within a
reasonable time thereafter, the city manager shall notify the city commission of such
deviation and the reason(s)therefor.
* * *
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, 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 Miami
Beach City Code. 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 if day of /�/ArcA., 2022.
PASSED AND ADOPTED this 9 day of thy , 2022.
ATTEST: ,42--ze---_,__
MAR 1 4 Dan Gelber, Mayor
2022
Rafael . Gran do, City Clerk APPROVED AS TO
P:�1!►,e,e; FORM&LANGUAGE
..--4 .-----‘ '..'�ti'' &FOR EXECUTION
.•ear.••. ,
Underline denotes additions ;_' °,°'""
Stria ough denotes deletions 1FdCoRrC ORATE/tIDco
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cLtyAttomay Date
(Sponsored by Commissioner Mark Samuelian)
2
Ordinances-R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: March 9, 2022
10:45 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 31 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "PURCHASING," BY CREATING
SECTION 31-1 THEREOF, ENTITLED "MANAGEMENT POLICY FOR
INTERNAL CONTROLS ON MAJOR CONSTRUCTION PROJECTS," TO
REQUIRE A COMPREHENSIVE CITY-WIDE POLICY AND PROCEDURES
FOR PROCUREMENT AND IMPLEMENTATION OF CITY CONSTRUCTION
PROJECTS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
At the February 9, 2022 City Commission Meeting, the proposed Ordinance, sponsored by
Commissioner Mark Samuelian,was unanimously approved on first reading. No changes have been
made between first and second reading.
Asummary of the proposed Ordinance is set forth below.
ANALYSIS
The City Administration has worked in collaboration with the Office of the Inspector General to create
and refine a comprehensive management policy designed to establish additional internal controls.
The proposed Ordinance, sponsored by Commissioner Mark Samuelian, would require the
Administration to maintain a Management Policy for Internal Controls on Major Construction
Projects at all times, and to adhere to the terms thereof.The Management Policy was approved
at the February 9, 2022, City Commission meeting,via Resolution No. 2022-32047.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
Page 316 of 874
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Description
D Ordinance
Page 317 of 874