Adopt the resolution.

The City of Miami Beach's Human Rights Ordinance declares that "there is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of prejudice against one another and antagonistic to each other because of differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, or disability." Recently, state legislatures across the country have considered a wave of legislation that threatens the health, safety, and welfare and weakens the civil rights of the lesbian, gay, bisexual, and transgender ("LGBT") community.

On April 13, 2016, the Mayor and City Commission adopted Resolution No. 2016-29375, condemning invidious and discriminatory legislation adopted by the States of North Carolina and Mississippi, prohibiting official City travel to North Carolina and Mississippi, and imposing a moratorium on the purchase by the City of goods or services sourced in North Carolina or Mississippi, until such discriminatory legislation is either repealed or declared unconstitutional by a court of law. 

However, from time to time, the City applies for Federal, State, or Miami-Dade County funding to support a wide range of City projects, and such grants are often contingent on the City's compliance with the requirements of the grantor agency. The purchasing moratorium set forth in Resolution No. 2016-29375 may, on occasion, preclude the City from eligibility for Federal, State, or Miami-Dade County funding. Notwithstanding the City's steadfast commitment to equality and nondiscrimination, the item requests that the Mayor and City Commission waive, by 5/7ths vote, of the City's moratorium on the purchase by the City of goods or services sourced in North Carolina and Mississippi, whenever any such waiver may be required for Federal, State, or Miami-Dade County funding eligibility purposes.  Because such waiver is required for the City's eligibility for Florida Department of Transportation ("FDOT") funds, the Mayor and City Commission desire to waive, by 5/7ths vote, the purchasing restrictions set forth in Resolution No. 2016-29375 with respect to any projects funded by or through FDOT.

The City Manager recommends that the Mayor and City Commission adopt the resolution to waive, by 5/7ths vote, the purchasing restrictions set forth in Resolution No. 2016-29375 whenever any such waiver may be required for Federal, State, or Miami-Dade County funding eligibility purposes.