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HomeMy WebLinkAbout2021-007-437_-_Lobbyist_Ordinance.docORDINANCE NO. 2021-007-437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2 ARTICLE VII OF THE CODE OF ORDINANCES RELATING TO LOBBYING; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami-Dade County Ethics Commission, recently, undertook a comprehensive review of lobbying legislation across the state of Florida and throughout the country, while also reviewing the special procurement framework particular to Miami-Dade County (County), and WHEREAS, the County Internal Services Department Procurement Division (ISD) and the Office of the Inspector General, in collaboration with the Miami-Dade County Ethics Commission, proposed a series of revisions to the County’s Ordinance relating to lobbying, and WHEREAS, on July 20, 2021, the County passed and adopted the proposed revisions to the Ordinance, and WHEREAS, the City Attorney recommends that the City Council adopt the attached Ordinance amending Chapter 2, Section VII, of the City of Miami Gardens’ (City) Code of Ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 2 of 15 Ordinance No. 2021-007-437 Section 2. AMENDMENT: That the Code of Ordinances, City of Miami Gardens, Florida, is hereby amended by revising Chapter 2, Article VII entitled “Lobbyists,” as follows: Sec. 2-554. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city council members. City council members means the mayor and members of the city council. Community-based organization means a not-for-profit association or corporation organized under state or local law to engage in community development activities (including, but not limited to, housing and economic development activities) and has as its primary purpose the improvement of the physical, economic or social environment by addressing one or more of the critical needs of the area, with particular attention to the needs of people with low or moderate incomes. Departmental personnel means the city manager, the deputy city manager, all assistant city managers, all department heads, division heads, the city attorney and all assistant city attorneys, the city clerk and the deputy city clerk; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Encourage means to influence, promote, support, oppose, or seek to modify, alter, amend, or delay any recommendation, action, or decision of the city council, the Mayor, or any city personnel. Expenditure means the same as defined in section 112.3215, Florida Statutes. Homeowner/neighborhood association means an organization of residential homeowners and tenants created to address quality-of-life issues in a defined neighborhood or community. Lobbyist activity means any attempt to influence or encourage the passage or defeat of, or modification to, governmental actions, including, but not limited to, ordinances, resolutions, rules, regulations, executive orders, and procurement actions or decisions of the city council, the Mayor, any city board or committee, or any city personnel. It encompasses all forms of communication, whether oral, written, or electronic, during the DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 3 of 15 Ordinance No. 2021-007-437 entire decision-making process on actions, decisions, or recommendations which foreseeably will be heard or reviewed by city personnel. Lobbyist means all persons, firms, entities, or corporations that are employed, designated, or retained by a principal, with or without compensation, or that contract with a third-party for economic consideration to perform lobbying activities on behalf of a principal. It includes the principal that lobbies, as well as any employee that has been designated by the principal to perform lobbying activities on behalf of the principal. (1) The term "lobbyist" means all persons employed or retained, whether paid or not, by a principal who seeks to encourage: a. The passage, defeat or modification of any ordinance, resolution, action or decision of any city council member; b. Any action, decision, recommendation of the city manager or any city board or committee; or c. Any action, decision or recommendation of any city personnel; Defined in any manner in this section, during the time period of the entire decision- making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city council, or a city board or committee. (2) The term "lobbyist" specifically excludes the principal as well as any employee of the principal engaged in lobbying activities. The term shall also exclude the following persons: a. Expert witnesses who provide only scientific, technical or other specialized information or testimony in public meetings; any person who only appears as a representative of a neighborhood association without compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item; and any person who only appears as a representative of a not- for-profit community-based organization for the purpose of requesting a grant without special compensation or reimbursement for the appearance; b. Any public officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his/her official capacity shall not be required to register as a lobbyist; c. Any person who only appears in his/her individual capacity, for the purpose of self- representation without compensation or reimbursement, whether direct or indirect, to express support of or opposition to any item, shall not be required to register as a lobbyist, including, but not limited to, those who are members of homeowner or neighborhood associations. DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 4 of 15 Ordinance No. 2021-007-437 Principal means the person, firm, corporation, or other entity that performs lobbying activity on behalf of itself or that has designated, employed, or retained a lobbyist to lobby on its behalf. The term “principal” also includes the person, firm, corporation, or other entity receiving the benefit of the lobbying effort and on whose behalf the lobbyist is lobbying, even if the lobbyist is retained, engaged, or employed by a third-party for such purposes. Procurement matter means the City’s processes for the purchase of goods and services, including, but not limited to, processes related to the acquisition of: technology; public works; design services; construction, professional architectural, engineering, landscape architecture, land surveying, and mapping services; the purchase, lease, or sale of real property; and the acquisition, granting, or other interest in real property. Quasi-judicial personnel means the city council and such other boards and agencies of the city that perform such quasi-judicial functions. Code enforcement hearings and other administrative hearings shall not be included for purposes of this division. Sec. 2-555. – Exceptions. The following persons are specifically excluded from the definition of “lobbyist” and shall not be subject to the requirements of this subsection: (a) Any representative of individuals, corporations, or other entities solely during a public hearing on a quasi-judicial matter; (b) Any person who appears only as a representative of a neighborhood association without compensation or reimbursement for the appearance, whether direct, indirect, or contingent; (c) Any person who only appears as a representative of a not-for-profit community- based organization without special compensation or reimbursement for the appearance to request a grant; (d) Any person employed or retained by a principal whose normal scope of employment or retention does not include lobbying activities and who is not engaged in lobbying activities on behalf of said principal; (e) Any expert who is retained for the sole purpose of providing only scientific, technical, or other specialized information or testimony in public meetings; (f) Any public officer, employee, or appointee, appearing in his or her official capacity, to represent a governmental entity; DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 5 of 15 Ordinance No. 2021-007-437 (g) Any person who only appears in his or her official capacity for the purpose of self-representation without compensation or reimbursement, whether direct, indirect, or contingent, to express support or opposition to any item; (h) Any person engaged in following activities involving a procurement matter: a. appearance at a pre-bid conference; b. submission of a bid or proposal; c. submission of a written question or response to a bid or proposal; d. presentation by technical experts, or persons employed or retained by a principal whose normal scope of employment does not include lobbying activities, for purposes of explaining or demonstrating characteristics or performance of a procurement matter, provided the presentation does not include any advocacy or recommendations on the procurement matter and is otherwise consistent with the pending procurement matter or guidelines and procedures; e. post-award contract management; f. participation in market research process; g. accessed contracts; and h. emergency purchases Sec. 2-556. - Registration. (a) All lobbyists and principals who lobby shall register with the city clerk 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 register shall: a. Register on forms prepared by the city clerk; b. Pay an annual registration fee of $250.00; c. State under oath: i. His/her name; ii. His/her business address; iii. The name and business address of each person or entity which has, directly or indirectly, designated, retained, or employed said registrant to lobby and the specific issue on which the lobbyist has DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 6 of 15 Ordinance No. 2021-007-437 been designated, retained, or employed to lobby employed the registrant to lobby; and iv. If the lobbyist represents a corporation, the corporation shall also be identified. d. Register prior to October 1 of each year. In the event registration occurs after October 1, the registration fee shall not be prorated, and a new registration fee shall be due and owing as of September 30 of each year. e. File an appropriate notice of withdrawal if the person withdraws as a lobbyist for a particular client. f. State the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current city council member or city personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (b) The registration fees required by subsections (b) and (d) of this section shall be deposited by the city clerk into a separate account and shall be expended for the purpose of recording, transcribing, administration, and other costs incurred in maintaining these records for availability to the public. (c) There shall be no fee required for filing a notice of withdrawal, and the city council may in its discretion waive the registration fee upon a finding of financial hardship. (d) Prior to conducting any lobbying, all principals must file a form with the city clerk, signed by the principal or the principal's representative, stating under oath that the lobbyist is authorized to represent the principal, describing the specific issue, agenda item, or procurement matter that is the subject of the lobbying, and identifying all persons holding, directly or indirectly, a five (5) percent or more ownership interest in the corporation, partnership, or trust. (e) The principal and the lobbyist must also submit a joint affidavit stating that the principal has not offered, and the lobbyist has not agreed to accept, any contingency or success fees as defined in subparagraph 2-560. (f) Failure of a principal to file the form required by the preceding sentence may be considered in the evaluation of a bid or proposal as evidence that a proposer or bidder is not a responsible contractor. (g) Lobbyists shall file amendments to their registration forms within fifteen (15) days of any change of information required to be set forth on their registration forms. (h) Each lobbyist shall file a form with the city clerk within thirty (30) days after ceasing all lobbying activities with a principal. DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 7 of 15 Ordinance No. 2021-007-437 (a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every person required to register shall register on forms prepared by the city clerk, pay a one-time annual registration fee of $250.00, and state under oath: (1) His/her name; (2) His/her business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The city council member or personnel sought to be lobbied; (5) The specific issue on which he/she has been employed to lobby; and (6) The terms and amount of compensation to be paid by each principal to the lobbyist with regard to the specific issue on which the lobbyist has been engaged to lobby. (b) Any change to any information originally filed, or any additional city council member or personnel who are also sought to be lobbied, shall require that the lobbyist 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. (c) 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 five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. However, a separate fee shall not be required for each principal. Such 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 number. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (f) All lobbyists shall be required to register prior to October 1 of each year. In the event registration occurs after October 1, the registration fee shall not be prorated, and a new registration fee shall be due and owing as of September 30 of each year. (g) 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 any current city council member or city personnel who is sought to be lobbied as identified on the lobbyist registration form filed. DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 8 of 15 Ordinance No. 2021-007-437 (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the city clerk into a separate account and shall be expended for the purpose of recording, transcribing, administration, and other costs incurred in maintaining these records for availability to the public. There shall be no fee required for filing a notice of withdrawal, and the city council may in its discretion waive the registration fee upon a finding of financial hardship. (i) Prior to conducting any lobbying, all principals must file a form with the city clerk, signed by the principal or the principal's representative, stating under oath that the lobbyist is authorized to represent the principal. Failure of a principal to file the form required by the preceding sentence may be considered in the evaluation of a bid or proposal as evidence that a proposer or bidder is not a responsible contractor. Each principal shall file a form under oath with the city clerk at the point in time at which a lobbyist is no longer authorized to represent the principal. Any person (except those exempt from the definition of lobbyist as set forth in section 2-554) who only appears as a representative of a not-for-profit corporation or entity without special compensation or reimbursement for the appearance, whether direct or indirect, to express support of or opposition to any item, shall register with the city clerk as required by this section but, shall not be required to pay any registration fees. Copies of registration forms shall be furnished to each city council member or other personnel named on the forms. (j) All members of the city council and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied. City council members or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the city council member or the relevant committee, board or city personnel. (k) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. § 11.045. Sec. 2-556. – Exceptions to registration fee requirement. The following persons or entities shall register as lobbyist, pursuant to the subparagraphs above, but shall not be required to pay registration fees: (a) A principal of any corporation, partnership or other entity who appears as a lobbyist on behalf of that entity, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item. (b) Any person who only appears as a representative of a not-for-profit corporation or entity, a trade association, or trade union, without special compensation or DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 9 of 15 Ordinance No. 2021-007-437 reimbursement for the appearance, whether direct or indirect or contingent, to express support of or opposition to any item. Sec. 2-557. – Affidavit requirement. The following provisions shall apply to certain individuals who, in procurement matters, participate in oral presentations or recorded negotiation meetings and sessions: (a) The principal shall list on an affidavit form, provided by the city, all technical experts or employees of the principal whose normal scope of employment does not include lobbying activities and whose sole participation in a city procurement matter involves an appearance and participation in an oral presentation before a county certification, evaluation, selection, technical review or similar committee, or recorded negotiation meetings or sessions. (b) No person shall appear before any procurement committee or at any procurement negotiation meeting or session on behalf of a principal unless he or she has been listed as part of the principal’s presentation or negotiation team pursuant to this Section 2-557, or has registered as a lobbyist pursuant to Section 2-556. (c) For the purpose of this Section only, the listed members of the oral presentation or negotiation team shall not be required to separately register as lobbyists or pay any registration fees. (d) The affidavit required by this Section shall be filed by City procurement staff with the City Clerk at the time the proposal is submitted or prior to the recorded negotiation meeting or session. (e) Notwithstanding the foregoing, any person who engages in lobbying activities in addition to appearing before a procurement committee to make an oral presentation, or at a recorded procurement negotiation meeting or session, shall comply with all lobbyist registration requirements. Sec. 2-558. – Expenditure reports. On or before October 1 of each year, lobbyists subject to lobbyist registration requirements shall submit to the city clerk 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. 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. Even if there are no reportable expenditures during a reporting period, a statement shall be filed so indicating. Sec. 2-559. - List of expenditures; fee disclosure; reporting requirements. DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 10 of 15 Ordinance No. 2021-007-437 (a) On or before October 1 of each year, lobbyists subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures, as well as compensation received, for the preceding calendar year with regard to the specific issue on which the lobbyist has been engaged to lobby. A statement shall be filed even if there have been no expenditures or compensation 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. (b) Each lobbyist and principal shall, before engaging in any lobbying activities, submit to the city clerk a joint signed statement under oath disclosing the terms and amount of compensation to be paid by each principal to the lobbyist with regard to the specific issue on which the lobbyist has been engaged to lobby. If no compensation will be paid concerning the subject lobby services, a statement shall nonetheless be filed reflecting such. (c) Attorneys licensed by the Florida Bar shall not be required to divulge client confidences relating to their compensation. (d) Any change to information originally filed shall require that the lobbyist and principal, as provided in subsection (b) of this section file, within three business days from such changed circumstances, a signed statement under oath amending the reports referenced in subsections (a) and (b) of this section; additionally, in the event official action on the specific lobbied issue is scheduled to occur during said three-day period, the lobbyist and principal shall prior to said official action, further disclose the amendment by publicly stating on the record at which the official action is to occur the subject amendment. The lobbyist and principal have a continuing duty to supply accurate information and amend said reports when so needed. (e) The city clerk shall notify any lobbyist (or principal) who fails to timely file the expenditure or fee disclosure reports referenced in subsections (a) and (b) of this section. In addition to any other penalties, which may be imposed herein, a fine of $50.00 per day shall be assessed for reports filed after the due date. Any lobbyist who fails to file the required expenditure report by December 1 shall be automatically suspended from lobbying until all fines are paid, unless the fine has been appealed to the county ethics council. (f) Upon the failure of a lobbyist (or principal) to file either of the reports referenced in subsections (a) and (b) of this section and/or pay the assessed fines after notification, the violator shall be subject to any penalties. (g) In the event that a violation is found to have been committed, the person shall be prohibited from lobbying before the city council or any committee, board or personnel of the city on the subject that resulted in a finding of a violation, and shall be subject to the penalties set forth in this chapter. Additionally, every lobbyist who is found to be in DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 11 of 15 Ordinance No. 2021-007-437 violation of this article shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: (1) First violation: for a period of one year from the date of determination of violation; (2) Second violation: for a period of two years from the date of determination of violation; (3) Third violation: for a period of three years from the date of determination of violation. Penalties shall include admonition, public reprimand, and fines, as well as prohibitions from registering as a lobbyist or engaging in lobbying activities before the city. (h) A lobbyist (or principal) may appeal a fine and/or penalty and may request a hearing before the city's special master. A request for a hearing on the fine must be filed with the city clerk's office within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. If the city demonstrates by competent substantial evidence that a violation occurred, the special master shall confirm the fine and/or penalty. However, if the city does not demonstrate by competent substantial evidence that a violation occurred, the special master shall waive the penalty and/or fine. (i) A bidder or proposer shall be subject to debarment 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 or more occasions. As used herein, the term "direct violation" means a violation committed by the bidder or proposer, and the term "indirect violation" means a violation committed by a lobbyist representing said bidder or proposer. A contract entered into in violation of this division shall also render the contract voidable. The city manager shall include the provisions of this subsection in all city bid documents, requests for proposal (RFP), requests for qualification (RFQ), or RFLI, provided, however, that failure to do so shall not render any contract entered into as the result of such failure illegal per se. (j) Except as otherwise provided in subsection (a) herein, the validity of any action or determination of the city council or city personnel, board or committee shall not be affected by the failure of any person to comply with the provisions of this article. Sec. 2-559. - Prohibited lobbying activities. Any person or entity retained as a lobbyist by the city is prohibited from lobbying any city officer, departmental personnel or employee in connection with any judicial or other proceeding, application, RFP, RFO, RFLI, bid, request for ruling or other determination, contract or controversy on behalf of a third party for the length of the contract or other agreement between the lobbyist and the city. DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 12 of 15 Ordinance No. 2021-007-437 Sec. 2-560. - Contingency fees. (a) No person or entity 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 receive a contingency fee. (b) As used herein, the term "contingency fee" means a fee, bonus, commission, or nonmonetary benefit as compensation, which is dependent on or in any way contingent on the lobbying activities. No person or entity 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 receive a contingency fee. As used herein, the term "contingency fee" means a fee, bonus, council, or nonmonetary benefit as compensation, which is dependent on or in any way contingent on the passage, defeat, or modification of: (1) An ordinance, resolution, action or decision of the city council; (2) Any action, decision or recommendation of the city manager or any city board or committee; or (3) Any action, decision or recommendation of city personnel during the time period of the entire decision-making process regarding such action, decision or recommendation which foreseeably will be heard or reviewed by the city council, or a city board or committee. Sec. 2-561. – Lobbyist registration logs. (a) The city clerk shall publish logs on a quarterly and annual basis reflecting the principal and lobbyist registrations filed. (b) All logs shall be prepared in a manner substantially similar to the logs prepared for the Florida Legislature pursuant to Section 11.045, Florida Statutes. Sec. 2-562. – Violations. (a) In the event that a violation is found to have been committed, the person shall be prohibited from lobbying before the city council or any committee, board or personnel of the city as provided herein. on the subject that resulted in a finding of a violation, and shall be subject to the penalties set forth in this chapter. (b) Every lobbyist who is found to be in violation of this article shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 13 of 15 Ordinance No. 2021-007-437 a. First violation: for a period of one year from the date of determination of violation; b. Second violation: for a period of two years from the date of determination of violation; c. Third violation: for a period of three years from the date of determination of violation. (c) A bidder or proposer shall be subject to debarment 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 or more occasions. As used herein, the term "direct violation" means a violation committed by the bidder or proposer, and the term "indirect violation" means a violation committed by a lobbyist representing said bidder or proposer. A contract entered into in violation of this division shall also render the contract voidable. The city manager shall include the provisions of this subsection in all city bid documents, requests for proposal (RFP), requests for qualification (RFQ), or RFLI, provided, however, that failure to do so shall not render any contract entered into as the result of such failure illegal per se. Penalties shall include admonition, public reprimand, and fines, as well as prohibitions froPm registering as a lobbyist or engaging in lobbying activities before the city. Sec. 2-563. – Diligence requirement; lobbying by unregistered persons; effect on City action. (a) All members of the city council and all city personnel shall be diligent to ascertain whether persons required to register as lobbyist pursuant to this section have complied with the requirements. This diligence requirement may be satisfied if members of the City Council, or City personnel, maintain a written log that documents all oral lobbying communications or meetings with a lobbyist, held for the purpose of lobbying outside a duly noticed public meeting or hearing, and the log, at a minimum, reflects the name of the lobbyist, the date of the lobbying activity, whether the lobbyist indicates he or she is registered, and the subject matter discussed. Each such log shall be maintained and made available consistent with public record requirements. (b) City council members or city personnel shall may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the city council member or the relevant committee, board or city personnel. (c) Notwithstanding the forgoing, and except as otherwise provided herein, in subsection (a) herein, the validity of any action or determination of the city council or city personnel, board, or committee shall not be affected by the DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 14 of 15 Ordinance No. 2021-007-437 failure of any person to register as a lobbyist or otherwise comply with the provisions of this article. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 13th DAY OF OCTOBER, 2021. PASSED ON SECOND READING ON THE 27th DAY OF OCTOBER, 2021. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 27th DAY OF OCTOBER, 2021. ________________________________ RODNEY HARRIS, MAYOR DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B Page 15 of 15 Ordinance No. 2021-007-437 ATTEST: _________________________________ MARIO BATAILLE, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY Moved by: Vice Mayor Leon Second by: Councilwoman Julien VOTE: w Mayor Harris Yes Vice Mayor Leon Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes DocuSign Envelope ID: F44C527D-68D8-4A2E-B169-040501B3130B