HomeMy WebLinkAboutOrdinance 2024-4685 ORDINANCE NO. 2024-4665
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 2-379,TO BE ENTITLED"PROHIBITION ON CITY
CONTRACTS WITH CAMPAIGN CONSULTANTS," TO PROHIBIT THE
CITY FROM CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH
HAS,WITHIN A DEFINED PERIOD OF TIME PRIOR TO THE ISSUANCE
OF A COMPETITIVE SOLICITATION OR EXECUTION OF THE
CONTRACT WITH THE CITY, PERFORMED SERVICES FOR
COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE,
AND PROVIDE FOR A WAIVER; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 2 of the City Code, at Article VI, entitled 'Procurement," prescribes
the manner in which the City purchases materials, supplies, equipment, and certain contractual
services; and
WHEREAS, pursuant to Section 2-311 of the City Code, Chapter 2, Article VI, is also
intended to "maintain a high ethical standard for all officers and employees of the City" in
connection with the purchase of materials, supplies, equipment, and certain contractual services;
and
WHEREAS, this Ordinance amends the City Code to prohibit the City from contracting
with an individual or entity which has, within a defined period of time prior to the issuance of a
competitive solicitation or execution of a contract with the City, performed services for
compensation to a candidate for City elected office.
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:
CHAPTER2
ADMINISTRATION
ARTICLE VI. PROCUREMENT
DIVISION 3. CONTRACT PROCEDURES
Secs. 2.379 2-380-2.390. Reserved.
Section 2-379. Prohibition on city contracts with campaign consultants.
(a) Prohibition. Be innin on Janua 1 2025 the cit shall not enter into a contract with an
individual or entity if the individual entity or a principal or officer of the entity has
performed services for compensation to a candidate for the office of mayor or city
commissioner within 2 years prior to the earlier of the (i) issuance of a competitive
solicitation or(n) execution of a contract with the city.
Ub
Exceptions The provisions of this soction shall�aFply to the following
Anv indlyidpal or entity that proms goods to a candidate�TLca..
b nv individual or eniity that provides services t a candidate for office if those same
siFe�aGe_La9.Ula[IY.R.aLf_pfined by the individual or entity m the ordinary cgStLSa
gf busi ess for clients or customers other than rzndidates for o ice s mci�s,
without limitation ba0�teleph4ne or ipternet service FLOJ,ders printigq
cpmpan�es. avant venues restaurants caterers transFFIIafion providers. and
office supply vendors.
C. Anv individual or entity which performs licensed professional s rvi sliaFludins,
fQLMM a lacaiszcaFms�.2r tlns�e l
U Waiver. The prohibition in subsection (a) may be waived by resolution of the city
commission upon a five-sevenths 5/7ths)vote.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3, SEYERABILITY.
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.
2
SECTION S. EFFECTIVE DATE.
This Ordinance shall take effect on the 2_day of 19ect K 4,(' , 2024.
PASSED and ADOPTED this_A—day of LYui r6ev 12024.
ATTEST:
` DEC 12 2.024
UI -Steven Meiner, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
(Sponsored by Vice-Mayor Tanya K. Shall)
Lm 21
Underline denotes additions City Attorney tJk. Date
StAke through denotes deletions
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3
Ordinances-R5 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: December 11, 2024 11.00 a.m. Second Reading Public Hearing
TITLE. 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 2-379, TO BE ENTITLED
"PROHIBITION ON CITY CONTRACTS WITH CAMPAIGN CONSULTANTS," TO
PROHIBIT THE CITY FROM CONTRACTING WITH AN INDIVIDUAL OR ENTITY
WHICH HAS, WITHIN A DEFINED PERIOD OF TIME PRIOR TO THE ISSUANCE OF
A COMPETITIVE SOLICITATION OR EXECUTION OF THE CONTRACT WITH THE
CITY,PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY
ELECTED OFFICE, AND PROVIDE FOR A WAIVER; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
The attached Ordinance has been placed on the December 11, 2024 City Commission meeting
agenda for Second Reading/Public Hearing at the request of Vice-Mayor Tanya K. Shaft The
Ordinance was adopted at First Reading on November 20, 2024.
Chapter 2 of the City Code, at Article VI, entitled 'Procurement," prescribes the manner in which the
City purchases materials, supplies, equipment, and certain contractual services.As stated in Section
2-311 of the City Code, Article VI of Chapter 2 is also intended to "maintain a high ethical standard
for all officers and employees of the City" in connection with the purchase of materials, supplies,
equipment, and contractual services.
ANALYSIS
This Ordinance amends the City Code to prohibit the City from contracting with an individual or entity
which has, within 2 years prior to the issuance of a competitive solicitation or execution of a contract
with the City, performed services for compensation to a candidate for City elected office. The
prohibition applies if an individual, business entity, or a principal or officer of the business entity has
performed services for compensation within the 2-year period.
At the direction of the City Commission on November 20th, the Ordinance has been revised for
Second Reading to clarify that the restriction on contracting with the City shall not apply to the
following:
a. Any individual or entity that provides goods to a candidate for office.
b. Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office. This includes.
without limitation, banks, telephone or interriet service providers, printing companies,
event venues, restaurants, caterers, transportation providers, and office supply
vendors.
c. Any individual or entity which performs licensed professional services (including, for
example, legal or accounting services).
The Ordinance also includes a waiver provision, authorizing the City Commission to waive the
restriction on a Case-by-case basis by a Resolution adopted on a five-sevenths (5/7ths)vote.
FISCAL IMPACT STATEMENT
The City of Miami Beach estimates that the proposed Ordinance will have no direct economic impact on
private, toe-profit businesses in the City of Miami Beach; that the proposed Ordinance will have no direct
compliance costs that businesses may reasonably incur; that the proposed Ordinance will not impose any
new charge or fee for which businesses will be financially responsible.and that the proposed Ordinance will
not impact the City of Miami Beach's regulatory costs and will not generate any revenue from new charges or
fees.
Does this Ordinance require a Business Impact Estimate? Yes(FOR
ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on: 1112712024 See
SHE at: https:/Iwww.miamibeachfl.govicity-halllcity-ciorklmeeting-noticed
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Gtywide
Is this a"Residents Riaht to Know" item is this item related to a G.O.Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Rom initially requested by a lobbyist which as defined in Code Sec.2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and pnncipal(s).
Department
City Attorney
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsorts)
Condensed Title
11:00 a.m. 2n0 Rdg, Prohibit Contracts with Campaign Consultants. (Bhatt) CA
Ordinances-R5 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: December 11, 2024 11:00 a.m. Second Reading Public Hearing
TITLE: 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 2-379, TO
BE ENTITLED "PROHIBITION ON CITY CONTRACTS WITH CAMPAIGN
CONSULTANTS," TO PROHIBIT THE CITY FROM CONTRACTING WITH AN
INDIVIDUAL OR ENTITY WHICH HAS, WITHIN A DEFINED PERIOD OF TIME
PRIOR TO THE ISSUANCE OF A COMPETITIVE SOLICITATION OR EXECUTION
OF THE CONTRACT WITH THE CITY, PERFORMED SERVICES FOR
COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE, AND
PROVIDE FOR A WAIVER; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNDIHISTORY
The attached Ordinance has been placed on the November 20, 2024 City Commission meeting
agenda at the request of Commissioner Tanya K. Bhatt.
Chapter 2 of the City Code, at Article VI, entitled "Procurement," prescribes the manner in which
the City purchases materials, supplies, equipment, and certain contractual services. As stated in
Section 2-311 of the City Code, Article VI of Chapter 2 is also intended to "maintain a high ethical
standard for all officers and employees of the City" in connection with the purchase of materials,
supplies, equipment, and contractual services.
ANALYSIS
This Ordinance amends the City Code to prohibit the City from contracting with an individual or
entity which has, within 2 years prior to the issuance of a competitive solicitation or execution of
a contract with the City, performed services for compensation to a candidate for City elected
office. The prohibition applies if an individual, business entity, or a principal or officer of the
business entity has performed services for compensation within the 2-year period.
The Ordinance allows the City Commission to waive the prohibition by a Resolution adopted on
a five-sevenths (517ths) vote.
If this Ordinance is adopted at First Reading, a Second Reading/Public Hearing will be scheduled.
Page 627 of 1452
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate(BIE)was published on: 1112712024
See BIE at: https://www.miamil>eachfLaov/city-hall/oityclerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a"Residents Right to Know" item, is this item related to a G.O. Bond
pursuant to City Code Section 2.17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec. 2481,
includes a principal engaged in tobbvina? No
If so, specify the name of lobbyist(s)and principai(s):
Department
City Attorney
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsors)
Condensed Title
11:00 a.m. 2ntl Rdg, Prohibit Contracts with Campaign Consultants. (Bhatt)CA
Page 628 of 1452