2004-25620 ResoRESOLUTION NO. 2004 -25620
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, TERMINATING SOUTH DADE
ELECTRICAL'S EXISTING CONTRACT WITH THE CITY AND ALL
STANDING ORDERS THERETO; AND FURTHER DISQUALIFYING
SOUTH DADE ELECTRICAL FROM SERVING AS A VENDOR WITH THE
CITY UNTIL NOVEMBER 19, 2004, PURSUANT TO SECTION 2-487 A(3)
OF THE MIAMI BEACH CITY CODE.
WHEREAS, pursuant to Section 38-6 of the Miami Beach Code, the City
Commission, passed and adopted Ordinance No. 2003-3389, which amended
Miami Beach City Code Chapter 2, Article VII by creating Division 5 thereof entitled
"Campaign Finance Reform", and further amended City Code Section 38-6 entitled
"Prohibited Campaign Contributions by Vendor"; and
WHEREAS, Section 2-487 A(3) of Miami Beach City Code ("City Code") was
amended to include the following underscored words; and
A person or entity who directly or indirectly makes a contribution to a
candidate who is elected to the office of mayor of commissioner shall be disqualified
for a period of 12 months following the swearing in of the subject elected official
from serving as a vendor with the City; and
WHEREAS, pursuant to City's Vendor Campaign Prohibition Ordinance (the
"Ordinance"), the City Attorney's office advise that South Dade Lighting's
contribution to a candidate who has been elected to office of Commissioner, would
be considered an indirect contributions by South Dade Electrical; and
WHEREAS, indirect contributions by an individual or entity are prohibited by
the Ordinance. The basis for the indirect contribution ruling is that the same
individuals with a controlling financial interest in South Dade Lighting have a
controlling interest in South Dade Electrical.
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 of Miami Beach, Florida, terminate South Dade Electrical's
existing contract with the City and all Standing Orders relating thereto; and further
disqualifying South Dade Electrical from serving as a vendor with the City until
November 19, 2004, pursuant to Section 2-487 A(3) of the Miami Beach City Code.
PASSED AND ADOPTED THIS 7th
DAY OF ~u[y ,2004
ATTEST:
CITY CLERK Robert Parcher
Vice-Mayor Saul Gross
T :~AGEN DA\2004\Jul0704\Consent\soutl ......
.- APPROVED AS TO
FORM & LANGUAGE
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Terminating South Dade Electrical's Existing Contract and Standing Orders thereto; and
Further Disqualifying South Dade Electrical from serving as a Vendor with the City until November 19,
2004, Pursuant to Section 2-487 A(3) Miami Beach City Code.
Issue:
Shall the City Commission Terminate South Dade Electrical's Existing Contract and Disqualify them
through November 19, 2004?
Item Summary/Recommendation:
Pursuant to the City's Vendor Campaign Prohibition Ordinance (the "Ordinance"), the City Attorney's office
advise that South Dade Lighting's contribution to a candidate who has been elected to the office of
Commissioner, would be considered an indirect contributions by South Dade Electrical. Indirect
contributions by an individual or entity are prohibited by the Ordinance. The basis for the indirect
contribution ruling is that the same individuals with a controlling financial interest in South Dade Lighting
have a controlling interest in South Dade Electrical.
On November 25, 2003, the City Commission awarded a contract to South Dade Electrical pursuant to
Invitation to Bid No. 12-02/03, for the purchase of electrical supplies. As a result of the contract award six
(6) Standing Order were issued.
The Administration cannot justify a best economic interest waiver, since there are seven (7) other vendors
that were awarded contract~and can provide electrical supplies at comparable pricing to South Dade
Electrical.
Advisory Board Recommendation:
IN/A
Financial Information:
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Funds: 1' '
: i'.2.
:
Finance Dept. i:'::T°tal:;
·
City Clerk's Office Legislative Tracking:
IGus Lopez, ext. 6641
n-Offs:
T:~G~ DA\2004\Jul0704\Consent\SouthDadeSummarv. doc
AGENDA ITEM
DATE
7-7-oy
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ~ ~
www. miamibeachfl.gov ~
COMMISSION MEMORANDUM
To: Mayor David Dermer and Date: July 7, 2004
Members of the City Commission
From:
Subject:
Jorge M. Gonzalez ~ ~,~
City Manager ~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, TERMINATING SOUTH DADE
ELECTRICAL'S EXISTING CONTRACT WITH THE CITY AND ALL
STANDING ORDER THERETO; AND FURTHER DISQUALIFYING SOUTH
DADE ELECTRICAL FROM SERVING AS A VENDOR WITH THE CITY
UNTIL NOVEMBER 19, 2004, PURSUANT TO SECTION 2-487 A(3) OF
THE MIAMI BEACH CITY CODE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On January 8, 2003, the Mayor and City Commission passed and adopted Ordinance No.
2003-3389, which amended Miami Beach City Code Chapter 2; Article VII by creating
Division 5 thereof entitled "Campaign Finance Reform", and further amended City Code
Section 38-6 entitled "Prohibited Campaign Contributions by Vendors". Section 38-6 was
also renumbered to Section 2-487.
Section 2-487 A(3) of the Miami Beach City Code ("City Code") was amended to include
the following underscored words:
A person or entity who directly or indirectly makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from serving as a vendor
with the city.
On May 26, 2004, the Mayor and City Commission passed and adopted Ordinance No.
2004-3446, which defined the term "disqualified" to include:
o
Termination of a donor/vendor's existing contract with the City, subject to
waiver provision of Section 2-487B(4); and
.
Disqualification of a donor's response to solicitation requests for prospective
vendor contracts with the City, subject to waiver provision of Section 2-487
B(1)(2) and (3)of the Miami Beach City Code.
Pursuant to the City's Vendor Campaign Prohibition Ordinance (the "Ordinance"), the City
Attorney's office advise that South Dade Lighting's contribution to a candidate who has
been elected to the office of Commissioner, would be considered an indirect contributions
by South Dade Electrical. Indirect contributions by an individual or entity are prohibited by
the Ordinance. The basis for the indirect contribution ruling is that the same individuals with
a controlling financial interest in South Dade Lighting have a controlling interest in South
Dade Electrical.
On November 25, 2003, the City Commission awarded a contract to South Dade Electrical
pursuant to Invitation to Bid No. 12-02/03, for the purchase of electrical supplies. As a
result of the contract award, the following Standing Orders were issued:
· Standing Order 22714 was issued in the amount of $60,000
· Standing Order 22715 was issued in the amount of $80,000
· Standing Order 22716 was issued in the amount of $50,000
· Standing Order 22717 was issued in the amount of $15,000
· Standing Order 22718 was issued in the amount of $20,000
· Standing Order 22616 was issued in the amount of $55,000
$280,000
The Administration cannot justify a best economic interest waiver, since there are seven (7)
other vendors that were awarded contracts and can provide electrical supplies at
comparable pricing to South Dade Electrical.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, terminate South Dade Electrical's existing contract with the City and all
Standing Orders thereto; and further disqualify South Dade Electrical from serving as a
vendor with the City until November 19, 2004, pursuant to Section 2-487 A(3) of the Miami
Beach City Code.
T:~GENDA\2004\Jul0704\Consent\southdadeelectricCommMemo.doc