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Ord. No. 08-06-1876ORDINANCE NO. 08-06-1876 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYISTS; AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS; REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY OF SOUTH MIAMI CODE; PROVIDING FOR CONSULTANT DISCLOSURE AND REGISTRATION; CREATING ENFORCEMENT PROCEDURES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami seek to protect the elected and appointed city officials and city employees from the appearance of, or actual, favoritism, corruption, or other impropriety in their consideration of ordinances and resolutions, decisions in quasi - judicial proceedings, selection of consultants, awarding of contracts and other city business; and WHEREAS, the Mayor and City Commission have enacted legislation relating to conflict of interest, ethics and limitations on campaign financing to strengthen the standards of conduct pertaining to actions by city officials, candidates for public office, city employees and persons doing business with the city; and WHEREAS, the city finds it is in the best interest of the residents of the city to make fully informed decisions about city actions and policies; and, WHEREAS, the city code presently provides for the registration of all lobbyists who appear before the City Commission in support of or against an item; and, WHEREAS, persons who are paid a fee to serve as consultants in support of or against any item, but who do not physically appear before the city commission or staff are not required to register; and, WHEREAS, the city finds that a requirement of entities to register their consultants is in the best interest of the city and therefore, the city seeks to amend its lobbying ordinance accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 8A -5, entitled "Lobbyists; registration and reporting, exemptions" of the City of South Miami code is amended to read: Additions shown by underlining and deletions shown by Pg. 2 of Ord. No. 08--06 -1876 Sec. 8A -5. Lobbyists; registration, reporting, fees, exemptions, expenditures, and penalties. (a) This section shall be known as the City of South Miami Lobbyist Registration Ordinance. (b) Definitions. For the purposes of this section, the following terms shall have the definitions contained herein: (1) Lobbyist means all natural persons, unincorporated associations, or business entities firms, corporations, principals employed or retained, Whether- paid opt, for financial compensation, which_ _includes non - monetary compensation of similar value, by a principal who seeks to encourage the passage, defeat, or modification of any of the following: (i) ordinance, resolution, action, or decision of the city commission, the mayor, or any commissioner; (ii) action, decision, or recommendation of any city board, committee, or agency, including without limitation, the governing and advisory boards of the South Miami Community Redevelopment Agency and the Health Facility Authority; or (iii) action, decision or recommendation of the city manager, deputy, assistant, or assistant to the city manager, department heads, division heads, city attorney, assistant city attorney (except when such personnel are acting in connection with quasi - judicial or administrative hearings) during the time period of the entire decision- making process on an action, decision or recommendation which foreseeably will be heard or reviewed by the city commission, or a city board, committee, or agency. "Lobbyists" specifically includes the principal, as well as any agent, attorney, officer or employee of a principal, regardless of whether lobbying activities fall within the normal scope of employment of the agent, attorney, officer or employee. Lobbyist shall exclude those identified in subsection (ems per -so � who my appeafs ., afi of .. of f profit e .-ntio Nvz v ° ° ° or- eia44y ` -(rCT at+hLtILtid1'L�rganitTLCt4i1, neighbor-heed 7iieVw'iZ�Ti association, trade association, or- tfade union), without speeial eampffisation of reimbufsement for the > direct, , express suppeA of of opposition to any iten+. (2) Principal means the natural person, firm, corporation or other entity that has employed or retained a lobbyist. (3) Consultant means an individual, corporation, partnership or business entity that has been retained for financial compensation, which includes non- moneta compensation of similar value to assist or provide any professional services to an Additions shown by underlining and deletions shown by everst it g. pg. 3 of Ord. No. 08 -06 -1876 entity in seeking approval of an item from the city commission or staff, or to obtain a contract with the city. (c) (1) Registration and filing requirements. All lobbyists, including all entities and consultants, shall, before engaging in any lobbying activities, register with the clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (i) name and business address of lobbyist; (ii) name and business address of principal; (iii) the name and business address of each person, consultant, or entity, within the preceding five years, for whom the lobbyist was employed; (iv) the commissioner or personnel sought to be lobbied; and (v) the specific issue on which the lobbyist has been employed to lobby. vi an. cultant shall identify itself and the capacity in which s/he has been retained by an entity (2) Change or modification of information. Any change to any information originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require the lobbyist to file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (3) Disclosure. If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding directly or indirectly, a 10% or more ownership interest in the corporation, partnership or trust. Any consultant shall identify itself and the capacity in which s/he has been retained. (4) Separate registration requirements. Separate registration shall be required for each principal represented on each specific issue. The issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing item. The city clerk shall reject any registration statement that does not provide a description of the specific issue on which the lobbyist has been employed. Additions shown by underlining and deletions shown by Wig. Pg. 4 of Ord. No. 08 -06 -1876 (5) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (6) Fees. Each lobbyists and consultants shall pay a registration fee, as required in subsection (c)(1). In addition, all lobbyist must register prior to October 1 of every year; and the fee shall be as specified in appendix A. The registration fees required in this chapter shall be deposited by the city clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this section. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Prior to conducting any lobbying on a matter, all lobbyists and consultants must file a form with the city clerk, signed by the principal or the principal's representative, stating that they are authorized to represent the principal. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, neighborhood or homeowner association, local chamber of commerce and merchant's association, trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect, or contingent, to express support or opposition to any item, shall not be required to register with the city clerk as required by this subsection. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (7) Disclosure and appearance of impropriety. In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with the mayor, any city commissioner, or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (8) Duty of the city commission, boards, committees, agencies, and employees. All members of the city commission and all city personnel, including all board, committee and agency members, shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. The mayor, commissioners, board, committee and agency members, and city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section. (9) Lobbyists, including all consultants, shall sign in with the city clerk before meeting with any city officials. All covered city officials, personnel, Additions shown by underlining and deletions shown by Wig. Pg. 5 of Ord. No. 08 -06 -9876 and members shall maintain logs of all telephone and electronic communications with lobbyists. (d) List of expenditures. (1) On October 1 of each year, lobbyists, including all consultants, shall submit to the city clerk a signed statement under oath, as provided by the clerk, listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events and shall identify the city officials, personnel, and members upon whom the expenditures were made. (2) The city clerk shall notify any lobbyist or consultant who fails to timely file an expenditure report. In addition to any other penalties which may be imposed under this chapter, a fine of fifty dollars ($50.00) per day shall be assessed for reports filed after the October 15` due date. (3) The city clerk shall notify the Miami -Dade County Commission on Ethics and Public Trust of the failure of a lobbyist to file a report and/or pay the assessed fines after notification. (4) Any person receiving a fine may appeal the fine and may request a hearing before the Miami -Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami -Dade Commission on Ethics and Public Trust within fifteen (15) calendars days of receipt of the notification of the failure to file the required disclosure form. The Miami -Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. (e) Exceptions to registration. The following persons will be exempt from the provisions of this section: (1) Any person who only appears in his or her individual capacity at a public hearing before the city commission, board, committee, agency meeting, and has no other communication with the city personnel, for the purpose of self - representation without compensation or reimbursement, whether direct, indirect, or contingent, to express support of or opposition to any item, shall not be required to register as Additions shown by underlining and deletions shown by Pg. 6 of Ord. No. 08 -06 -1876 a lobbyist, including but not limited to those who are members of homeowners or neighborhood associations. All speakers shall, however, sign -in on forms available at the public hearing or meeting. Additionally, any person or representative of a business entity requested to appear before any city commission, or board, committee, or agency meeting, or any person or representative compelled to answer for or appealing a code violation, or any administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of the person. (2) Any public officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his or her official capacity shall not be required to register as a lobbyist. (3) Any person appearing as an expert witness called in proceedings before the commission, any board or a committee or the administration of the city who presents testimony in support of a position or explaining such position. (f) Penalties. (1) Violations of this section may be determined by the Miami -Dade County Commission on Ethics and Public Trust. A finding by the commission that a person has violated this chapter shall subject the person to a $500.00 civil penalty to these penalties set fe#h iR § `' 1!.! of * The Commission on Ethics may additionally_provide other penalties such as penaRies inel de admonition; and public reprimand, and fines, as well as prohibitions from registering as a lobbyist or engaging in lobbying activities before the city. (2) Additionally, every person who is found to be in violation of this chapter shall be p L ohibited from registering as a lobbyist in st or lobb in accordance with the following schedule: • First violation for a period of one year from the date of determination of violation; 0 Second violation for a period of two years from the date of determination of violation; • Third violation fora period of three years from the date of determination of violation. The city commission may debar a bidder or proposer from lobbying activities in the city, and from entering into contracts with the city, or any Additions shown by underlining and deletions shown by �g Pg. 7 of Ord. No. 08 -06 -1876 agency or authority of the city when the bidder or proposer either directly or indirectly, on three or more occasions, has been found to have violated the lobbyist provisions of this section: As used herein, a "direct violation" shall mean a violation committed by the bidder or proposer and an "indirect violation" shall mean a violation committed by a lobbyist representing said bidder or proposer. A contract entered into in violation of this section shall render the contract voidable. The city manager shall include the provisions of this section in all city bid documents, RFPs and RFQs; provided, however, that failure to do so shall not render any contract voidable. (3) Except as otherwise provided in subsection (f)(1), the validity of any action or determination of the city commission, board, committee, or agency shall not be affected by the failure of any person to comply with the provisions of this section. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be included in the Code of Ordinances. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of 2006. ATTEST: CITY CLERK 611 APPROVED- MAYOR 15t Reading — 1/17/06 2nd Reading — 2/7/06 Additions shown by underlining and deletions shown by Wig: Pg. 8 of Ord. No. 08 -06 -1876 READ AND VED AS TO FORM �TTY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea Additions shown by underlining and deletions shown by e °�g- Pg. 8 of Ord. No. 08 -06 -1876 Appendix A Description Amount Annual registration fee due October 1st $125.00 Daily late fee after October 1" deadline $ 50.00 Additions shown by underlining and deletions shown by ell CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Maria Davis, City Manager Maria Menendez, City Clerk From: Luis Figueredo '0 Date: January 23, 2006 Re: Proposed amendment to lobbyist ordinance Subject: The proposed amendment updates Sec. 8A -5, entitled "Lobbyists; registration and reporting, exemptions, expenditures and penalties " of the city code. Discussion: The city's ordinance regulating lobbyist was adopted in 1969 and last updated in 2000. It is in need of updating. The purpose of the proposed amendment is to strengthen lobbyist reporting and disclosure requirements by requiring consultants retained to appear before the city commission to encourage the passage or defeat of a specific item to register so that city officials, candidates, staff and the public may know who is doing business with the city or seeking to influence legislation. This amendment continues the city commission's commitment to strengthening standards of conduct pertaining to actions by city officials and persons seeking to do business with the city. The objective of the proposed amendment is to require disclosures by consultants to identify their clients, the subjects that they have been hired to lobby, city officials who will be, or have been lobbied, and the amounts and objects of expenditures. The proposed amendment also incorporates a penalty provision for failing to register. The proposed penalties track the penalty schedule contained in section 2 -11.1 (s) (9) of the code of Metropolitan Dade County, however the penalties in this proposed amendment are more severe for the first two violations. Under the county code first and second violations are punished by prohibiting the violator from lobbying for 90 days for the first offense and one year for the second offense. A first violation under the proposed amendment is punished by prohibiting the lobbyist from lobbying for one year. A second violation is punished by a two year suspension. Where a third violation occurs the county code requires a five year prohibition from lobbying where the proposed amendment requires a three year prohibition. The scope of the ordinance includes city and all city boards, committees and agencies, including the South Miami Community Redevelopment Agency and the Health Facilities Authority. The ordinance applies to everyone who is retained (whether paid or not) to represent a business entity or organization to influence city action. City action is broadly described to include virtually all legislative, quasi - judicial and administrative action by the city, including the ranking and selection of professional consultants. It does not apply to Versons who appear on behalf of not - for - profit organizations (Elks, American Legion), homeowners associations (CSM HOA), local chamber of commerce and merchants associations (Chamber South, Red Sunset Merchants Ass'n.), and trade associations and unions (PBA, AFSCME). It also excludes persons who speak on their own behalf without compensation, persons who are requested to appear before the commission, or any board, committee or agency, persons who are compelled to appear (under subpoena from code enforcement board) and attorney's hired to represent persons who are requested or compelled to appear, persons who appear in connection with a contract they have with the city. A consultant appearing before the City Commission must file with the city clerk, disclose who they represent, the subject they have been hired to lobby, and the city officials they will contact. They must file an annual report identifying how much they spent, and on what (meals, etc.,) and the city official on whom they made the expenditure. Violations of requirements of the ordinance will enforced by the Miami -Dade County Commission on Ethics and Public Trust.. Contracts that are entered into with the city where a violation has occurred are voidable. The city commission can debar the principal and the lobbyist for lobbying in the city, and from contracting with the city, when there have been three violations. The Executive Director of the Miami Dade County Commission on Ethics and Public Trust has received the proposed revision and has indicated that the amendments encourage full disclosure and meets the goal of Government in the Sunshine. Recommendation: Approve the Ordinance on second reading. § 2 -11.1 mLog DADS co= CODE (s) Lobbying - (1) (a) As used in this section, "County per- sonnel" means those County officers and employees specified in Section 2- 11.1(ix2) of the Miami -Dade County Conflict of Interest and Code of Eth- ics Ordinance. (2) (b) As used in this section, "Lobbyist" means all persons, firms, or corpora- tions employed or retained by a prin- cipal who seeps to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the County Commission; (2) any action, decision, recommen- dation of the County Manager or any County board or committee; or (3) any action, decision or recommenda- tion of County personnel during the time period of the entire decision- Sapp. No. 39 274 mailing process on such action, deci- sion or recommendation which foreseeably will be heard or re- viewed by the County Commission, or a County board or committee. " Lobbyist" specifically includes the principal as well as any employee whose normal scope of employment includes lobbying activities. The term. "Lobbyist" specifically excludes the following persons: attorneys or other representatives retained or employed solely for the purpose of represent- ing individuals, corporations or other entities during publicly noticed quasi - judicial proceedings where the law prohibits ex -parte communications; expert witnesses who provide only scientific, technical or other special- ized information or testimony in pub- lic meetings; any person who only appears as a representative of a neighborhood association without compensation or reimbursement for the appearance, whether direct, in- direct or contingent, to express sup- port of or opposition to any item; any person who only appears as a repre- sentative of a not - for-profit commu- nity based organization for the pur- pose of requesting a grant without special compensation or reimburse- ment for the appearance; and em- ployees of a principal whose normal scope of employment does not in- clude lobbying activities. All lobbyists shall register with the Clerk of the Board of County Commissioners within five (5) business days of being retained as a lobbyist or before engaging in any lobbying activities, whichever shall come first. Every person required to so register shall: (a) Register on forms prepared by the Clerk; (b) State under oath his or her name, business address and the name and business address of each person or entity which has employed said reg- AD=sTRATIaN § 2 -11.1 istrant to lobby. If the lobbyist rep- point in time at which a lobbyist is resents a corporation, the corpora- no longer authorized to represent Lion shall also be identified. Without the principal. limiting the foregoing, the lobbyist (3) (a) Any public officer, employee or ap- shall also identify all persons hold- pointee who only appears in his or ing, directly or indirectly, a five (5) her official capacity shall not be re- percent or more ownership interest quired to register as a lobbyist. in such corporation, partnership, or (b) Any person who only appears in his trust. Registration of all lobbyists or her individual capacity for the shall be required prior to January 15 purpose of self-representation with - of each year and each person who out compensation or reimbursement, withdraws as a lobbyist for a partic- whether direct, indirect or contin- ular client shall file an appropriate gent, to express support of or oppo- notiee of withdrawal. The fee for sition to any item, shall not be re- annual registration shall be four hun- quired to register as a lobbyist. dred and ninety dollars ($484.00). Every registrant shall be required to (4) Any person who only appears as a repre- state the extent of any business or sentative of a not - for -profit corporation or professional relationship with any entity (such as a charitable organization, current person described in subsec- or a trade association or trade union), tion (b)(1). The registration fees re- without special compensation or reimburse - quired by this subsection shall be ment for the appearance, whether direct, deposited by the Clerk into a sepa- indirect or contingent, to express support rate account and shall be expended of or opposition to any item, shall register for the purpose of recording, tran- with the Clerk as required by this subsec- scribing, administration and other tion, but, upon request, shall not be re- quired to Pay any registration fees. costs incurred in maintaining these records for availability to the public. (5) Any person who appears as a representa- There shall be no fee required for tive for an individual or firm for an oral filing a notice of withdrawal and the presentation before a county certification, Board of County Commissioners may, evaluation, selection, technical review or in its discretion, waive the registra- similar committee, shall list on an affida- tion fee upon a finding of financial vit provided by the County, all individuals hardship. who may snake a presentation. The affi- davit shall be filed by staff with the Clerk's (c) prior to conducting any lobbying, all office at the time the proposal is submit - principals must file a form with the ted. For the purpose of this subsection Clerk of the Board of County Com- only, the listed members of the presenta- missioners, signed by the principal Lion team shall not be required to pay any or the principal's representative, stat- registration fees. No person shall appear ing that the lobbyist is authorized to before any committee on behalf of an represent the principal. Failure of a individual or firm unless he or she has principal to file the form required by been listed as part of the firm's presenta- the preceding sentence may be con - tion team pursuant to this paragraph or sidered in the evaluation of a bid or unless he or she is registered with the proposal as evidence that a proposer Clerk's office and has paid all applicable or bidder is not a responsible contrac- fees. tor. Each principal shall file a form (6) (a) Commencing July 1, 1986, and on with the Clerk of the Board at the July 1 of each year thereafter, the Supp. No. 89 274.1 § 2 -11.1 MIAMI -DADE COUNTY CODE lobbyist shall submit to the Clerk of the Board of County Commissioners a signed statement under oath, as provided herein, listing all lobbying expenditures in excess of twenty -five dollars ($25.00) for the preceding calendar year. A statement shall be filed even if there have been no ex- penditures during the reporting pe- riod. The statement shall list in de- tail each expenditure by category, including food and beverage, enter- tainment, research, communication, media advertising, publications, travel, lodging and special events. (b) The Clerk of the Board of County Commissioners shall notify any lob- byist who fails to timely file an ex- penditure report. In addition to any other penalties which may be im- posed as provided in subsection (s)(9), a fine of fifty dollars ($50.00) per day shall be assessed for reports filed after the due date. Where a fine of fifty dollars ($50.00) per day is as- sessed, the Ethics Commission shall not impose a fine as provided in subsection (z). Any lobbyist who fails to file the required expenditure re- port by September Ist shall be auto- matically suspended from lobbying until all fines are paid unless the fine has been appealed to the Ethics Commission. sure form. The Commission on Eth- ics and Public Trust shall have the authority to waive the fine, in whole or part, based on good cause shown. The Commission on Ethics and Pub- lic Trust shall have the authority to adopt rules of procedure regarding appeals from the Clerk of the Board of County Commissioners. (7) No person may, in whole or in part, pay, give or agree to pay or give a contingency fee to another person. No person may, in whole or in part, receive or agree to re- ceive a contingency fee. As used herein, "contingency fee" means a fee, bonus, com- mission, or nonmonetary benefit as com- pensation which is dependent on or in any way contingent on the passage, defeat, or modification of. (1) an ordinance, resolu- tion, action or decision of the County Commission; (2) any action, decision or recommendation of the County Manager or any County board or committee; or (3) any action, decision or recommendation of County personnel during the time period of the entire decision - making process re- garding such action, decision or recom- mendation which foreseeably will be heard or reviewed by the County Commission, or a County board or committee. (8) (c) The Clerk of the Board of County Commissioners shall -notify the Com- mission on Ethics and Public Trust of the failure of a lobbyist or princi- pal to file a report and/or pay the assessed fines after notification. (9) (d) A lobbyist or principal may appeal a fine and may request a hearing be- fore the Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Commission on Ethics and Public Trust within fifteen (15) calendar days of receipt of the notification of the failure to file the required disclo- .: UYY• Na. 39 274.2 The Clerk shall publish logs on a quar- terly and an annual basis reflecting the lobbyist registrations which have been filed in accordance with this subsection (s). All logs required by this ordinance shall be prepared in a manner substan- tially similar to the logs prepared for the Florida Legislature pursuant to Section 11.045, Florida Statutes. The Ethics Commission shall investigate any person engaged in lobbying activities who may be in violation of this subsection (s). In the event that a violation is found to have been committed the Ethics Com- mission may, in addition to the penalties set forth in subsection (z), prohibit such person from lobbying before the County Commission or any committee, board or personnel of the County as provided herein. ADMINISTRATION § 2 -11.1 Every lobbyist who is found to be in vio- or committee shall not be affected by the lation of this section shall be prohibited failure of any person to comply with the from registering as a lobbyist or lobbying provisions of this subsection(s). in accordance with the following schedule: (Ord. No. 00 -19, § 1, 2 -8 -00; Ord. No. 01 -93, § 1, Ist violation for a period of 90 days from 5-22 -01; Ord. No. 01 -162, § 1, 10- 23 -01) the date of determination of violation; (t) Cone of Silence. 2' violation for a period of one (1) year from the date of determination of viola- tion; 3' violation for a period of five (5) years from the date of determination of viola- tion; A bidder or proposer shall be subject to the debarment provisions of Section 10 -38 of the Code of Miami -Dade County as if the bidder or proposer were a contractor where the bidder or proposer has violated this section, either directly or indirectly or any combination thereof, on three (3) or more occasions. As used herein, a "direct violation" shall mean a violation commit- ted by the bidder or proposer and an "indirect violation" shall mean a violation committed by a lobbyist representing said bidder or proposer. A contract entered into in violation of this section shall also ren- der the contract viodable. The County Manager shall include the provisions of this subsection in all County bid docu- ments, RFP, RFQ, CBO and CDBG appli- cations; provided, however, the failure to do so shall not render any contract en- tered into as the result of such failure illegal per se. (10) All members of the County Commission, and all County personnel, shall be dili- gent to ascertain whether persons re- quired to register pursuant to this subsec- tion have been complied. Commissioners or County personnel may not knowingly permit a person who is not registered pursuant to this subsection to lobby the Commissioner, or the relevant committee, board or County personnel. (11) Except as otherwise provided in subsec- tion (s)(9), the validity of any action or determination of the Board of County Commissioners or County personnel, board Supp. No. 39 274.2.1 Contracts for the provision of goods and service other than audit and independent private sector inspector general (IPSIG) contracts. (a) "Cone of Silence" is hereby defined to mean a prohibition on: G) any com- munication regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lob- byist, or consultant and the County's professional staff including, but not limited to, the County Manager and his or her staff-, (ii) any communica- tion regarding a particular RFP, RFQ or bid between. the Mayor, County Commissioners or their respective staffs and any member of the County's professional staff including, but not limited to, the County Manager and his or her staff, (iii) any communica- tion regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of the selection committee therefor; (iv) any communication regarding a particu- lar RFP, RFQ or bid between the Mayor, County Commissioners or their respective staffs and any mem- ber of the selection committee there- for; (v) any communication regard- ing a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lobbyist, or consult- ant and the Mayor, County Commis - sioners and their respective staffs; and (vi) any communication regard- ing a particular RFP, RFQ or bid between any member the County's professional staff and any member of the selection committee therefor. The County Manager and the Chairper- son of the selection committee may § 2- 1.1..1 NUAMI -DADS COUNTY CODE communicate about a particular se- lection committee recommendation., but only after the committee has submitted an award recommenda- tion to the Manager and provided that should any change occur in the committee recommendation, the con- tent of the communication and of the corresponding change shall be de- scribed in writing and filed by the Manager with the Clerk of the Board and be included in any recommenda- tion memorandum submitted by the Manager to the Board of County Commissioners. Notwithstanding the foregoing, the Cone of Silence shall not apply to (i) competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the Miami -Dade County Office of Community and Economic Develop- ment and the community -based or- ganization (CBO) competitive grant processes administered by the Park and Recreation, Library, Water and Sewer, and Solid Waste Departments, Cultural Affairs and Tourist Devel- opment Councils and the Depart- ment of Environmental Resources Management; (ii) communications with the County Attorney and his or her staff; (iii) communications be- tween a potential vendor, service pro- vider, bidder, consultant or lobbyist and employees of the Management and Technical Assistance Unit of the Department of Business Develop- ment regarding small business and/or minority business programs, the Com- munity Business Enterprise and Eq- uitable Distribution Programs; (iv) communications between a potential vendor, service provider, bidder, con- sultant or lobbyist and employees responsible for administering disad- vantaged business enterprise pro- grams in County departments receiv- ing federal funds, provided the communications are limited strictly to matters of programmatic process Supp. No. 39 271.2.2 or procedure; (v) duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the County Manager makes his or her written recommendation; (vi) any emergency procurement of goods or services pursuant to Administrative Order 3 -2; (vii) communications re- garding a particular RFP, RFQ or bid between any person and the Ven- dor Information Center staff, the pro- curement agent or contracting of- ficer responsible for administering the procurement process for such RFP, RFQ or bid, provided the com- munication is limited strictly to mat- ters of process or procedure already contained in the corresponding solic- itation document; and (viii) commu- nications regarding a particular RFP, RFQ or bid between the procure- ment agent or contracting officer, or their designated secretarial/clerical staff responsible for administering the procurement process for such RFP, RFQ or bid and a member of the selection committee therefor pro- vided the communication is limited strictly to matters of process or pro- cedure already contained in the cor- responding solicitation document. (b) Procedure. (i) A Cone of Silence shall be im- posed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ or bid. At the time of imposition of the Cone of Silence, the County Manager or his or her designee shall provide for public notice of the Cone of Silence. The County Manager shall issue a written notice thereof to the affected departments, file a copy of such notice with the Clerk of the Board, with a copy thereof to each Commissioner, and shall MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review fIVa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 2/7/2006 in the XXXX Court, was published in said newspaper in the issues of 01/27/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aff iant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, comet ssion or refund for the purpose of securing adve men for publication in the said newspape� Sworn to and subscribed before me this 27 day of JANUARY A.D. 2006 (SEAL) ,,r Cheryl H Marmer O.V. FERBEYRE persongo rkWJBIm;ssion €3033a55e iikp,ei jv';r 18, 2003 CITY OF SOUTH MIAMI -, :the following items: AN ORDINANCE QF THE MAYOR AND_ CITY COMMISSION OFTEIE ClY OF SOUTH MfAly[i, FLORIDA; OPTING OUT OF i[1 &F OIDA ,' TATUTE a SECTION ; - WHICH REWRES THAI THE" SUPERVISOR OF; .ELECTIONS.. PAf? ARE' AN- ELECTRQNIC__ DktA, FILE_'1 OR EARLY, VOiiNG i?ROIIIDING` FQf�' DIAEPTIONS TO CLERK, PROVIDING °'1 QR'ADOPTlON" OF - REPRESENTATIONS;' PROVIDING FOi3 SEVERABILITY. . PROVIDING .FOR: - = COFT; ORDINRNC AND PR17V1D1NG 'AN ' EFFECTIVE DATE � " AN ORDEN ONCE QF THE MAYOR AND CITY COMMISSION OF THE CfTY OF SOLETH' MIRMI, i LORI,DA RELATING TO LOBBYISTS; -, AMEIVF]ING- SECTION_ `8A 5; ENTITLED ". "LOBBYISTS; REGISTRATION AND REPORTING, EXEMP -, EONS OFTHE CITY OF SOUTH MIAMI CODE ;. REQUIRING REGISTRATION AND_ DISCLOSURES;- PROVIIING PENAL TIES.: I�EPEAI_INP. SECTibh 8A -6, ENTITLED 'PENALTY FOR.VIOL4TION OF CHAPTER,' PROVIDING FOFISEVERA =. 81LIT1',ORDINANCES" IN,CONFLICT, AND AN- EFFECTIVE=" Above Items can be inspected in the City Clerk's-Offlce, Monday.- Friday during regular office hours.. .If you have any Inqulne5 on the above Items. please contact the City. Clerk's office at. 305- 663 -6340 ALL Interested parties are Invited to attend arid will be heard Maria M. Menendez, CMC Cry Clerk , Pursuant 10 Florida Statutes 286 Oi05 .the,Cify hereby advises the public that f a'person decides to appeal anydeclsion „made by.this Board, Agency or Commission with resPbq,to_any ma4er,consldefed at' its meeting or hearing hew she`%Mll need a record of the proceedings,` and that for such' purpose; `affected persori may need to ensure that a verbatim record of the proceedings is_made. which record Includes the' testimony and evidence upon which the appeaf is to be based 1/27-- 06- 3- 10/634071 M: 1 19ooVz -A8vn H99j `AvcmnH1 I alVN3H IWHIW 3Hl j W03-PIPJaHPLI S9 Oa LN���tl N E U0 t m I a ca 4 O a$ a m ' CO ..D @ U {_ @� 3 � rLm N 7 � d� 2 R Q O oEmo LU ' 2v�ooa d'w co Z�Z•, Z',�HLL I -. PM G Q C/ _ _ mp ® Q .o J g ca ro 4 p W - ° CL r 'V ..Q� Xuy� �• CDwar aLL �V f 1 O ALL��, �� ji ate. 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