R5G-Debarment Committee -Bower-OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY MANAGER j THIE BROOKS
JOSE SMIT~-/ '
CITY A1RN~Y,
Februat)t 6;-20 " ,.,....,.,.~ ~-,.,-~
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 29, ENTITLED "DEBARMENT COMMITTEE," BY
AMENDING THE PURPOSE, POWERS, AND DUTIES OF THE
COMMITTEE TO INCLUDE AUTHORITY TO CONSIDER THE
SUSPENSION OF CONTRACTORS IN ADDITION TO DEBARMENTS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
On January 16, 2013, the City Commission adopted Ordinance 2013-3787 which
amended the City's Debarment Ordinance. Among other things, the new Ordinance amended
the debarment provisions to include suspension procedures in addition to debarment
procedures. In order to provide consistency between the new provisions in the Debarment
Ordinance and the City Code provisions concerning the Debarment Committee's purpose,
powers, and duties, the attached Ordinance sets forth minor amendments to the Debarment
Committee provisions. The City Attorney recommends that the attached Ordinance be referred
to the Neighborhood/Community Affairs Committee for its review and consideration.
DT/sc
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Agenda Item Rs-G-
Date z,b-'13
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 29, ENTITLED "DEBARMENT COMMITTEE," BY
AMENDING THE PURPOSE, POWERS, AND DUTIES OF THE
COMMITTEE TO INCLUDE AUTHORITY TO CONSIDER THE
SUSPENSION OF CONTRACTORS IN ADDITION TO DEBARMENTS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, on January 16, 2013, the City Commission adopted Ordinance No. 2013-
3787 which amended the City's Debarment Ordinance to include, among other things,
suspension procedures in addition to debarment procedures, and the authority of the Mayor and
City Commission, by a majority vote, to debar or suspend contractors rather than the
Debarment Committee; and
WHEREAS, in order to provide consistency between the new provisions in the
Debarment Ordinance and the City Code provisions concerning the Debarment Committee, the
amendments proposed herein to the purpose, powers, and duties of the Committee are needed.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1.
That Chapter 2, Article Ill, Division 29 of the Miami Beach City Code is hereby amended
as follows:
Chapter 2
ADMINISTRATION
* * *
ARTICLE Ill. AGENCIES, BOARDS AND COMMITTEES
* * *
DIVISION 29. DEBARMENT COMMITTEE
* * *
290
Sec. 2~190.128. Established.
There is hereby established a debarment committee in the city whose purposes, power
and duties, composition, membership qualifications, and general governing regulations are as
follows in this division.
Sec. 2-190.129. Purpose.
The committee's purpose is to evaluate and, if warranted, impose debarment or
suspension as provided in sections 2-397 through 2-406 to exclude a contractor (and, in limited
instances, a bidder or proposer) from city contracting and city approved subcontracting.
Sec. 2-190.130. Powers and duties.
The committee is vested with the power and authority to conduct quasi-judicial hearings,
as authorized and provided in sections 2-511 through 2-513, with regard to debarment and
suspension procedures and to impose penalties, all as more specifically set forth in sections 2-
397 through 2-406.
Sec. 2-190.131. Composition.
The committee shall consist of seven voting members to be individually appointed by the
mayor and city commissioners. If any member of the committee abstains from voting at two
meetings within a calendar year, said member shall be automatically removed from the
committee. The committee shall meet only as convened pursuant to the debarment ordinance
set forth in section 2-405.
Sec. 2-190.132. Knowledge and experience.
The committee shall be composed of persons who possess outstanding reputations for
civic activity and interest, integrity, responsibility, and business or professional ability.
Sec. 2-190.133. Supporting departments.
The supporting department shall be the office of the city manager/procurement office.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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291
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 __ day of-------· 2013.
PASSED and ADOPTED this __ day of--------· 2013.
ATTEST:
RAFAEL GRANADO, CITY CLERK
Underline denotes additions
MATTI HERRERA BOWER
MAYOR
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