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Ord No 01-25-2514ORDINANCE NO. 01-25-2514 AN ORDINANCE OF THE MA YOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT," ARTICLE VI. "PURCHASING," DIVISION 1. "GENERALLY" OF THE CITY'S CODE OF ORDINANCES TO ADD SECTION 2-60 "PURCHASING AGENT AND LIMITATIONS" TO ESTABLISH PURCHASING LIMITATIONS FOR THE CITY MANAGER BY ORDINANCE PURSUANT TO SUBSECTION H OF SECTION 5 "POWERS AND DUTIES" OF THE CITY CHARTER; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE. WHEREAS, as of 2000, subsection H of Section 5, "Powers and Duties," of Article III, "City Manager," of the City's Charter provides for a $5,000 expenditure limitation for the City Manager to purchase goods and services and requires City Commission approval of all purchases exceeding that amount; and WHEREAS, at a Special Election held on November 5, 2024, the City of South Miami ("City") electors approved an amendment to the City's Charter amending subsection H of Section 5, "Powers and Duties," of Article III, "City Manager," to allow the City Commission to set purchasing limitations by Ordinance after a public hearing for the purchase of goods and services; and WHEREAS, the $5,000 purchasing limitation in the City Charter resulted in an administrative burden on the City Commission and staff, and in inefficiencies and delays in providing regular, routine services and the purchase of goods; and WHEREAS, as required by the approved Charter amendment, the City Commission wishes to set the purchasing limitation by ordinance and increase the City Manager's purchasing authority from $5,000 to $30,000, thereby providing for greater efficiency, flexibility and responsiveness in City operations, efficient and timely purchases of routine smaller purchases without necessitating the approval of the City Commission, speeding up of decision-making and reducing administrative delays, addressing time-sensitive needs such a repairs and services, and aligning the City's purchasing authority with inflation and rising costs and in conformance with industry standards for similarly-sized municipalities; and WHEREAS, to further enhance efficiency with respect to goods and services that are paid out of funds directed for that purchase, or that do not come from the City, the City Commission wishes to extend the purchasing threshold to $100,000 for purchases funded from (i) the Capital Improvement Program Fund, (ii) the State Forfeiture Fund, (iii) the Federal Forfeiture Fund Page 1 of4 Document ID: 887ro2tlcabe33a9ad1ecf690c88b66c75078ccfa1Srd1cf6abeS5c9daOO86625 Ord. No. 01-25-2514 budget, (iv) one or more grant programs, provided the grant(s) haslhave been accepted by the City and reduce the amount that is the responsibility of the City to $30,000 or less, (v) cost reimbursements through the City's cost-recovery program set forth in Section 2-7 of the Code, or (vi) any special revenue fund that is not funded by the City's ad valorem tax revenue provided the purchase is consistent with the specific purpose of such fund; and WHEREAS, the City Commission desires to amend Chapter 2 "Administration and City Government," "Article VI. "Purchasing," Division 1. "Generally", to add Section 2-60 "Purchasing Agent and Limitations" to establish the City Manager as the City's purchasing agent, set the City Manager's purchasing limitation by ordinance and increase the City Manager's purchasing authority from $5,000 to $30,000; and WHEREAS, the City Commission finds that this Ordinance is in the best interest and welfare of the City and will provide for timely and efficient purchasing by the City, and approved it on first reading on December 10, 2024; and WHEREAS, on January 7, 2025, the Mayor and City Commission conducted a duly noticed public hearing as required by law and approved the ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:l Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amending Chapter 2, Article VI., Division 1., by Adding Section 2-60 of the City Code. Chapter 2 "Administration and City Government," Article VI. "Purchasing," Division 1. "Generally" is hereby amended to add Section 2-60 "Purchasing Agent and Limitations" of the City Code of Ordinances, to read as follows: *** Chapter 2 -Administration And City Government Article VI. -Purchasing Division 1. -Generally Section 2-60. Purchasing Agent and Limitations. 1 Coding: Strikethr9t:lgl:l W9FElS are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with Eta_Io 8tRho'hnHI~ and double underline. Modifications made at second reading are shaded in grey. Page 2 of4 OocumenIID: 8a7f02f1cabe33a9ad1ed690c88b66c:75078ccfa18fd1cf6abe85c9daOOa6625 Ord. No. 01·2 5·2514 (a) The C ity Manager s hall be the chief purchasing agent of the City. As the Purch as ing Agent, th e C ity Manager s ha ll purc hase and/or contract for goods. m ate rial s, s upplies, equipme nt. impro vem e nt s or se rvic es required by any department, office o r agency of th e C ity . (b) Purcha ses of. or contracts for. goods. m a teri a ls. suppli es . equipment. improvem ent s o r serv ices for w hi c h fund s are pro vided in the budget. where t he s in gkpurch ase total a mount to be expended does not exceed $3 0 .000. ma y be made or entered into by the C ity Mana ge r without C ity Commission a ppro va l. All purch ases of good s and services s hall comply w ith th e Purc has ing Po licy and procurem e nt requirem e nt s adopted a nnually in th e Budget ordinance b y th e C ity Co mmi ss ion. Fer the Burn ese ef s ete rmining th e single JJ urc hase tetal ameufll. each iflsivisual Ba y ment fe r a Burshase that is BaiEl e n a recurrin g BerioElic aasi s. incluEling aut n o t limites te o menthl )' or Beriesis Ba )'ment(s) fer utility. suassriBtien an 8fo r rental servic es . shall a e censisereEi an insivisual single BUFcllase . (c) Purcha ses of or contracts for goo d s. material s s up p li es eoillpment improve m e nts o r ser v ices w here the singkpurchase total amount to be expended d oes not exceed $100 ODD . ma y e made . ente 'ed i lto t e 't Mana e ' w it l it lmi!i£iilll a _ roval if fund s for s uch p urchase are to be provided from 0) th e Cap it a l Impro ve m e nt Pro gram Fund (ii) the State ferfeiture funs. £iii) the FeEleral Forfeiture Fatu! En;dget (iy) o n e or more grant programs. rovided th e crrant s has /have been acce ted b the C it and reduce the amount that is t he re onsibilit of th e C it to 30000 or le ss or "iii cost re imburs ements th 'o u h the C it 's cost- recove ry program set forth in Section 2 7 of the Co de .. or (vi) an)' special l'eVenHe fues that is Rot I HRses ey the City's aEi valorem tall reveRlie proyiseEi the BHrchase is cessisteRt with the specific. pllrpose of sach fusEi , (d) All purcha ses of goo ds m ate rial s. su pp li es. eq.ui.p m e nt. im prove m e nt s o r services s ha ll comply with th e Purc ha s ing Polic y a nd procurement req uire m e nt s adopted annually in the Budget ordinance b y th e C ity Commission. * * * Section 3. Corrections, C onfo rmin g lan guage o r tec hnical sc ri ve ne r-t ype corrections m ay b e m ad e b y the C ity Attorney for a n y co nformin g am endm e nt s to be in co rporated into the final Ordin a nce for s ign ature. Section 4. Severability, If any section , clause , se nten ce, or phra se of thi s Ordinance is for any reason he ld in va lid or un co nstituti o nal b y a co urt of co mp e tent juri sdiction , the holdin g s ha ll not affect th e va lidity of th e remainin g portion s of thi s O rdinan ce. Section 5 , Connicts, That all o rdinan ces or pa rt s of ordinances, reso lutions or parts of resolutions , in co nfli c t he rewi th , a re repea led to the ex te nt of s uc h confli ct. Section 6, Implementation, The C it y Manager is he reby a uthori zed to take an y and a ll nec essa r y action to implement th e purpo ses of thi s Ordinance. Page30f 4 Document 10: Ba7f02flcabe33a9adled69Oc88b66c75078cdalSfdld6abe85c9daOOa6625 Or d . No. 01-2 5-25 14 Section 7. adoption. Effective Date. This Ordinance s ha ll become effec ti ve immediatel y upon PASSED on fir st reading on th e 10lh d ay of Decembe r, 2024. PASSED AND ADOPTED o n second reading on the 71h day of Janu ary, 2025. ATTEST: READ AND A PPROV E D AS TO FORM , LANGUAGE , L EGA LITY AN D EXECUTION TH EREOF w~fs"Si%~ltffl~if-lELFMAN COLE & BfERMAN , P.L. C ITY ATTORNEY Document 10; 8a7102fl c;aoolJa9adled69Oc88b66c75018ccfalBfd lcf6abe85e9daOOa662 5 APPROVED : 6ZJo COMM ISSION VOTE: Mayor Ja vier Fernandez: Vice Ma yo r Brian Co rey: Co mmi ss ion e r Li sa Boni ch: 4-0 Yea Absent Yea Co mmi ssio ne r Steve Calle: Yea Co mmi ssi oner Danny Rodriguez: Yea Page 4 of 4 Agenda Item No:7. City Commission Agenda Item Report Meeting Date: January 7, 2025 Submitted by: Alfredo Riverol Submitting Department: Finance Department Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION AND CITY GOVERNMENT,” ARTICLE VI. “PURCHASING,” DIVISION 1. “GENERALLY” OF THE CITY’S CODE OF ORDINANCES TO ADD SECTION 2-60 “PURCHASING AGENT AND LIMITATIONS” TO ESTABLISH PURCHASING LIMITATIONS FOR THE CITY MANAGER BY ORDINANCE PURSUANT TO SUBSECTION H OF SECTION 5 “POWERS AND DUTIES” OF THE CITY CHARTER; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-FINANCE DEPT.) Suggested Action: Increase the Manager’s purchasing authority from the City’s Charter purchasing limitation of $5,000 to $30,000 to improve operational efficiency. Attachments: Memo_2_-_Purchase_Threshold_Amount_2025-3 (2).docx 4A99239-Purchasing Ordinance CA Revised 12 30 24.DOCX BUSINESS IMPACT ESTIMATE.docx MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias,City Manager DATE:January 7, 2025 SUBJECT:Ordinance Setting the City Manager’s Purchasing Limitation to $30,000 for all purchases, and up to $100,000 for purchases paid from the capital improvement fund, special revenue funds,or other sources not funded by ad valorem taxes RECOMMENDATION:To improve operational efficiency, staff recommends an increase in the Manager’s purchasing authority without requiring City Commission approval to $30,000 for all purchases, and an increase up to $100,000 for purchases paid from the capital improvement fund, special revenue funds, or other sources not funded by ad valorem taxes. Prior to the recent amendment to subsection H, Section 5, “Powers and Duties,” Article III, “City Manager,”the Charter limited the Manager’s purchasing authority without City Commission approval to $5,000. BACKGROUND:On December 10, 2024, the City presented an Ordinance for first reading providing the Manager with the purchasing authority of $30,000, without Commission approval with the intention to improve the City’s operational efficiency. During the presentation of the item,the Commission discussed amending the Ordinance with the intent of addressing two main objectives; reducing the number of agenda items that require their approval, specifically for items which are administrative in nature (i.e. electric and water expenses, solid waste refuse fees, fuel, bullets, etc.) and Capital Expenses which are approved in the Capital Budget and normally carry a higher expenditure amount. The Mayor and Commission requested that the City Manager look at possibly establishing a tiered system which may help accomplish those objectives, and ultimately further improving the City’s operational efficiency. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Ordinance presented for 2nd reading provides revisions which City Management believes will help meet the Commission’s two stated main objectives. The verbiage “single purchase” was added to paragraph b, which will help eliminate many of the resolutions requiring City Commission approval for regular purchases for contracts of goods, materials, supplies, equipment, improvements or services for which funds are provided in the budget, where the total amount to be expended does not exceed $30,000. Secondly, a paragraph (c) was added to help eliminate many resolutions where the total amount to be expended does exceed $30,000, however does not exceed $100,000, requiring City Commission approval for expenditures which funds are provided from: (i)the Capital Improvement Program Fund, (ii)the State Forfeiture Fund, (iii)the Federal Forfeiture Fund budget, (iv)one or more grant programs, provided the grant(s) has/have been accepted by the City and reduce the amount that is the responsibility of the City to $30,000 or less, (v)cost reimbursements through the City’s cost-recovery program set forth in Section 2-7 of the Code, or (vi)any special revenue fund that is not funded by the City’s ad valorem tax revenue provided the purchase is consistent with the specific purpose of such fund. The larger $100,000 threshold amount is based exclusively on the expenses within those funds, grants, cost recovery programs, or special revenue funds. It is important to note, all purchases of goods and services, irrelevant of fund or amounts, shall comply with the Purchasing Policy and procurement 3 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM requirements adopted annually in the Budget ordinance by the City Commission. These revisions ultimately allow for more streamlined operations, improves the City’s ability to manage its budget effectively, and ensures that the City remains agile and responsive to both routine and unplanned needs. Moreover, the City’s internal controls and safeguards, such as regular audits and required reporting requirements, will continue to be maintained with the intention of providing continuous transparency and accountability throughout the City’s detailed and critical procurement process. FUNDING:Not Applicable ATTACHMENTS:Proposed Amended Ordinance 4 Exhibit “A” BUSINESS IMPACT ESTIMATE 1 Title of Proposed Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION AND CITY GOVERNMENT,” ARTICLE VI. “PURCHASING,” DIVISION 1. “GENERALLY” OF THE CITY’S CODE OF ORDINANCES TO ADD SECTION 2- 60 “PURCHASING AGENT AND LIMITATIONS” TO ESTABLISH PURCHASING LIMITATIONS FOR THE CITY MANAGER BY ORDINANCE PURSUANT TO SUBSECTION H OF SECTION 5 “POWERS AND DUTIES” OF THE CITY CHARTER; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE. Summary of Proposed Ordinance and Statement of Public Purpose to be Served: At a Special Election held on November 5, 2024, the City of South Miami (“City”) electors approved an amendment to the City’s Charter amending subsection H of Section 5, “Powers and Duties,” of Article III, “City Manager,” to allow the City Commission to set purchasing limitations by Ordinance after a public hearing for the purchase of goods and services. The $5,000 purchasing limitation in the City Charter resulted in an administrative burden on the City Commission and staff, and in inefficiencies and delays in providing regular, routine services and the purchase of goods. As required by the approved Charter amendment, the City Commission wishes to set the purchasing limitation by ordinance and increase the City Manager’s purchasing authority from $5,000 to $30,000, thereby providing for greater efficiency, flexibility and responsiveness in City operations, efficient and timely purchases of routine smaller purchases without necessitating the approval of the City Commission, speeding up of decision-making and reducing administrative delays, addressing time-sensitive needs such a repairs and services, and aligning the City's purchasing authority with inflation and rising costs and in conformance with industry standards for similarly-sized municipalities. The City Commission desires to amend Chapter 2 “Administration and City Government,” “Article VI. “Purchasing,” Division 1. “Generally”, to add Section 2-60 “Purchasing Agent and Limitations” to establish the City Manager as the City’s purchasing agent, set the City Manager’s purchasing limitation by ordinance and increase the City Manager’s purchasing authority from $5,000 to $30,000 1 This Business Impact Estimate is provided to comply with the requirements of Section 166.041(4), Florida Statutes. Please note that this Business Impact Estimate may be revised following its initial posting as new information or feedback becomes available. Meeting Date: December 10, 2024 Agenda Item No. 9 Exhibit “A” Estimate of Direct Economic Impact on Private/For Profit Businesses: a. Estimate of Direct Business Compliance Costs: The proposed ordinance would $0 direct compliance costs to businesses if the ordinance is enacted. b. New Charges/Fees on Businesses Impacted: The proposed ordinance does not impose a new fee or charge for which businesses will be financially responsible. c. Estimate of Regulatory Costs: The proposed ordinance changes do not present foreseeable or anticipated cost in regulatory expenses. Good Faith Estimate of Number of Businesses Likely Impacted: The estimated number of businesses likely to be impacted by the ordinance is estimated to be 0 Any Additional Information: None Applicable Exemptions2: This Business Impact Estimate is not required for ordinances that fall under the following exemptions: ☐The proposed ordinance is required for compliance with Federal or State law or regulation. ☐ The proposed ordinance relates to the issuance or refinancing of debt. ☐The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget. ☐The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the municipal government. ☐ The proposed ordinance is an emergency ordinance. ☐ The proposed ordinance relates to procurement. ☐ The proposed ordinance is enacted to implement the following: ☐Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243; ☐Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; ☐Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; ☐Section 553.73, Florida Statutes, relating to the Florida Building Code; or ☐Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code Prepared By: 2 If one or more boxes are checked under this section, it indicates that the City has determined that a business impact estimate is not required by state law for the proposed ordinance, but the City is providing the business impact estimate as a courtesy. 10 Exhibit “A” Name: Alfredo Riverol Title: Chief Financial Officer Date: December 3, 2024 Posted on City’s Website: Date of Posting: ____________ 11 4A .............................................................................................MIAMI HERALD FRIDAY DECEMBER 27 2024 A Christmas evening shooting at a South Mia- mi-Dade home put four people into hospitals in critical condition,Miami- Dade police said. Police said they know who the gunman is,but he’s not in custody. According to Miami- Dade Police Detective Andre Martin,a report of a shooting brought offi- cers to 26510 SW 138th Ct.,a three-bedroom, two-bathroom house. Miami-Dade Fire Res- cue took one victim to Jackson Memorial Hospi- tal South.A friend drove three others to Baptist Health Homestead Hospi- tal before police got to the house.Two of those peo- ple were airlifted by Mia- mi-Dade Fire Rescue from Homestead Hospital to Jackson South. As of Thursday morn- ing,the victims were in stable condition,accord- ing to Martin.The motive for the shooting remains unknown,he added. “Our detectives contin- ue to piece together facts as they work to locate the subject of this crime,”he said in an email to the Miami Herald. Those who know any- thing about this shooting or the gunman’s whereabouts can contact Crime Stoppers of Miami-Dade &the Florida Keys either online or at 305-471-8477 (TIPS). David J.Neal: 305-376-3559, @DavidJNeal Four are shot at Dade home,and shooter isn’t in custody,police say BY DAVID J.NEAL dneal@miamiherald.com Wednesday.“Representing the United States abroad is a duty I take with the ut- most pride.” The Spanish-speaking Cabrera’s planned depar- ture to Panama will give the remaining commission- ers the chance to name his replacement if the 13-seat board opts not to call a special election to fill out the remaining two years in Cabrera’s first term. Among the potential contenders for the seat: Bryan Avila,a Republican state senator;Eric Diaz- Padron,the Republican mayor of West Miami; Natalie Milian Orbis,a West Miami city commis- sioner and wife of Cabre- ra’s District 6 chief of staff, Manuel Orbis Jr.;and Francisco Petrirena,legis- lative director for the city of Miami. Cabrera,born in Miami to parents who fled Cuba, was the first Republican commissioner to endorse Trump in a GOP primary where Florida Gov.Ron DeSantis was briefly favor- ed to win. He has also been Trump’s top surrogate among the six Republican commissioners.In Novem- ber,he sponsored the county legislation that led Miami-Dade to recognize Hialeah’s creation of Presi- dent Donald J.Trump Avenue outside of City Hall.Since 2023,Cabrera has worked as Florida director for the America First Policy Institute,a think tank aligned with Trump. CONTROVERSIAL PROTEST In Cabrera’s 2022 run for the District 6 seat representing parts of Coral Gables,Hialeah and Mia- mi,he leaned on his back- ing of Trump,and made “Dade First”his campaign slogan and Miami-Dade First the name of his politi- cal committee. In that race,Cabrera beat Jorge Fors,then a Gables commissioner,by 22 points. Critics called Cabrera extreme for his role in a 2018 protest of a Nancy Pelosi visit to Coral Gables. The protest was organized by the local GOP and also drew members of the far- right Proud Boys organiza- tion.Video showed Cabre- ra and others banging on the door of a Democratic campaign office and de- manding Pelosi and other Democrats inside “open up.” Assuming Cabrera is confirmed by the U.S. Senate,he will be working for another Miami-Dade Republican:Sen.Marco Rubio,Trump’s nominee for secretary of state. Trump’s fight with Pana- ma might still be waiting for the next ambassador. This week,Trump posted on Truth Social that fees charged to U.S.ships tran- siting the canal are “ridicu- lous”and warned the Unit- ed States would take back the waterway if the costs don’t go down.Panama also can play a key role in reducing illegal immigra- tion into the United States by increasing enforcement at the Colombian border — which is already a U.S. priority. It takes about four hours to fly from Miami to Pana- ma City,so Cabrera’s post won’t keep him too far away should he choose to run for county mayor in 2028 after the county’s Democratic current mayor, Daniella Levine Cava, finishes her second and final term. Douglas Hanks: 305-376-3605, @doug_hanks FROM PAGE 1A PANAMA 12