HomeMy WebLinkAboutO-13934City of Miami
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Legislation
Ordinance: 13934
File Number: 7568
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "FINANCE/CITY OF MIAMI
PROCUREMENT ORDINANCE"; MORE PARTICULARLY BY AMENDING
SECTION 18-72 OF THE CITY CODE, TITLED "APPLICATION AND
EXCLUSIONS", SECTION 18-73 OF THE CITY CODE, TITLED "DEFINITIONS",
SECTION 18-85 OF THE CITY CODE, TITLED "COMPETITIVE SEALED
BIDDING", SECTION 18-86 OF THE CITY CODE, TITLED "COMPETITIVE
NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS", SECTION 18-118 OF
THE CITY CODE, TITLED "PUBLIC -PRIVATE PARTNERSHIPS", AND
SECTION 18-119 OF THE CITY CODE, TITLED "UNSOLICITED PROPOSALS",
ALL TO MODIFY AND/OR ADD ELECTRONIC SUBMISSION AND RECEIPT
OF BIDS AND PROPOSALS FOR FORMAL SOLICITATIONS, REMOVAL OF
THE CURRENT NOTICE ADVERTISEMENT REQUIREMENT OF
PUBLICATION OF EACH FORMAL SOLICITATION VIA MULTIPLE
DIFFERENT NEWSPAPERS, AND UPDATING CURRENT LANGUAGE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Manolo Reyes
WHEREAS, the City of Miami's ("City") Department of Procurement ("Procurement") has
launched BidSync, an electronic bidding system, to increase competition and allow for the
electronic submission and receipt of bids and proposals for formal solicitations; and
WHEREAS, Procurement deems it necessary and in the best interest of the City to
modify and add to the current exclusions to Chapter 18, Article III of the Code of the City of
Miami, Florida, as amended ("City Code"), titled "Finance/City of Miami Procurement Code"
("Procurement Code"); and
WHEREAS, the implementation of BidSync requires modification and addition to the
current definitions in the Procurement Code to allow for the electronic submission and receipt of
bids and proposals; and
WHEREAS, elimination of the current notice advertisement requirement of publication of
each formal solicitation via three (3) different newspapers is recommended to reduce costs and
achieve savings for the City, critical at this time of budgetary shortfalls stemming from the Novel
Coronavirus ("COVID-19") pandemic; and
WHEREAS, the proposed amendments to the Procurement Code would not only allow
for Procurement's use of BidSync with its millions of registered vendors, but would also provide
an alternative to said current notice advertisement requirement of publication of each formal
solicitation via multiple different newspapers; and
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File ID: 7568
Enactment Number: 13934
WHEREAS, notices for formal solicitations will continue being posted on the City's
website in a manner fully compliant with the requirements prescribed by Florida law and
advertised in free publications such as the Construction Journal;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as fully set forth in this Section.
Section 2. Chapter 18/Article III of the City Code is further amended in the following
particulars:'
"CHAPTER 18
FINANCE
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-72. - Application and exclusions.
(a) Application. Regardless of the source of funds, including state and federal assistance
monies, and except as otherwise specified by law, the provisions of this article shall apply
to every purchase/procurement by:
(1) All city entities or boards, as hereinafter defined, eXsept fe including the community
redevelopment agencies.
(2) The Downtown Development Authority, the department of off-street parking, Liberty
City Community Revitalization Trust, Civilian Investigative Panel, Bayfront Park
Management Trust, and Virginia Key Beach Park Trust (each referred to herein as the
"board" or "city entity," as applicable); provided, however, that:
a. With respect to each board, the following terms shall have the meanings ascribed
to them in this section:
"City" shall mean the board.
2. "City manager" shall mean the executive director of the board.
3. "Chief procurement officer" shall mean the executive director of the board or
his or her designee.
4. "City commission" shall mean the board of directors of the board.
b. The cone of silence shall not apply to any board or city entity set forth in
subsection 18-72(2) herein or the community redevelopment agencies.
(b) Exclusions. This article shall not apply to:
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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(1) Procurement of dues and memberships in trade or professional organizations;
registration fees for trade and career fairs; subscriptions for periodicals and
newspapers; advertisements; postage; abstracts of titles for real property and title
searches; title insurance for real property; water, sewer, aP4 electrical and gas utility
services; cable television services; internet services; landline voice over internet
provider (VOIP) and wireless communication services; alarm monitoring, inspection,
and maintenance services; water delivery services; copyrighted materials or
patented materials including, but not limited to, technical pamphlets, published
books, maps, testing or instructional materials; fees and costs of job -related
seminars and training.
(2) The sale or lease of city -owned real property, as these are governed by the
provisions of 3f(iii) and Section 29 A-D of the City Charter and Chapter 18, Article V
of the City Code.
(3) Goods purchased with petty cash in accordance with established city procedures.
(4) Items purchased for resale to the general public.
(5) Purchase of groceries.
(6) Artistic services or works of art, including, but not limited to, all performing, fine, and
written works of art.
(7) Hotel accommodation and services.
(8) Public -owned transportation.
(9) Purchase of tickets for special events, tourist attractions and amusement parks.
(10) City -sponsored events at hotels, motels, restaurants, or other similar venues not
owned by the city.
(11) Entertainment services for city -sponsored events, including performing works of art
and disc jockey services.
(12) Purchases of motor vehicle license plates from a governmentally regulated
monopoly or a government agency.
(13) Travel on city business as provided in APM-77, as amended.
(14) Persons retained as expert consultants, as defined horrcFcRr, in Section 18-73,
"Definitions", and Section 18-116, "Persons Retained as Expert Consultants".
(15) Maintenance and licensing agreements, and upgrades to support continued, on-
going use of proprietary software applications, the original software purchase of
which was procured and approved fully in accordance with chapter 18, article III of
the City Code.
(16) Legal services coordinated by and through the office of the city attorney citywide,
including, but not limited to,= attorney services, paralegals, expert witnesses, jury
consultants, legal support services, legal research, court reporters and
stenographers.
(17) Water, sewer, electrical, telecommunications or utility relocation agreements within a
prior approved easement, the construction relocation of which must be performed
by the water, sewer, electrical, telecommunications or a utility owner's
representative.
(18) Actuarial services procured in accordance with subsection 40-196(b)(6) of the City
Code.
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(19) Community Development Block Grant ("CDBG"), Housing Opportunities for People
With AIDS ("HOPWA"), Emergency Shelter Grant ("ESG"), Neighborhood
Stabilization Program ("NSP"), HOME, and similar programs (collectively
"Community and Economic Development Programs"), providing however, that
community and economic development programs shall follow 2 CFR part 200, as
applicable, and as may be amended and supplemented from time to time.
(20) Aggregate of anti -poverty initiative funds in an amount up to $50,000.00 in any
single city fiscal year to any single entity.
(21) Aggregate of Social Service gap funds in an amount up to $50,000.00 in any single
city fiscal year to any single entity.
(22) Matching fund grant agreements to the city, inclusive of any city agency or
instrumentality.
For purposes of this subsection, matching fund grant agreements shall mean those
eligible matching fund grant agreements, processed through and approved by the
city office of grants administration or similar city department, where a grant is
provided to the city requiring a city payment of matching funds in an amount or
value equal to that of the grant. The grant required city match may be in the form of
funds or in -kind goods or services as provided in the matching fund grant
agreement. The exclusion to the city's procurement ordinance for matching fund
grant agreements, as amended, shall extend to advertising of the same including,
but not limited to, social media platforms, press releases, public relations, etc. as
required or contemplated by the matching fund grant agreement. The exclusion
above for the advertising of matching fund grant agreements shall only apply to the
city's procurement ordinance, and any applicable competitive solicitation
requirements as imposed by such agreements or federal, state or county laws shall
continue to apply.
Sec. 18-73. - Definitions.
For the purposes of this article, the following terms shall have the meanings ascribed to
them in this section:
Addendum means a formal amendment or supplement to a solicitation document: for
example, items or information that have been added to or removed from a solicitation document.
Administrative policies and procedures of purchasing means those appropriately
promulgated directives having general or particular applicability designed to implement or
interpret policy, or describing organization, procedure, or practice requirements.
Advertise means Dlacement of an electronic notice on the Citv's Procurement website
and/or via the City's On-line procurement/bidding platform, as defined in this Article and/or other
medium, as may be required, regarding a request for proposals ("UP"), request for
qualifications ("RM"), request for letters of interest ("RFLI"), invitation for bids CIFB"), invitation
to bid CITB"), or any other formal solicitation and public hearings. Advertisement by the City for
purposes of this Section will be subject to compliance with Florida Statutes which may mandate
a specified form of advertising for certain procurements in which case the advertising mandated
by Florida Statutes, as amended, shall govern. Said applicable Florida Statutes include, but are
not limited to, F.S. 180.24, & 255.0525, and � 255.065, all as amended from time to time.
Amendment means a modification, deletion, or addition to an executed agreement.
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Bid means a formal written price offered by a business to the city to furnish specific goods,
equipment and/or contractual services or public works or improvements in response to an
invitation for bids or an invitation to bid.
Bid award means award of a bid for which funds have lawfully been appropriated by the city
commission.
Bidder means a respondent to an invitation for bids or an invitation to bid.
Blanket purchase order means a purchase order under which a contractual party agrees to
provide goods or services to a purchaser on a demand basis; the purchase order generally
establishes a maximum dollar limit, prices, terms, conditions, and the period covered, with no
specified quantities; shipments are to be made as required by the purchaser.
Brand name "or equal" specifications means specification(s) limited to one or more items by
the manufacturer's names or catalog numbers to describe the standard of quality, performance,
and other salient characteristics needed to meet the city's requirements and which provide(s) for
the submission of equivalent products.
Business means any corporation, partnership, individual, sole proprietorship, joint stock
company, joint venture, or any other private legal entity.
Change order means a written modification to a contract or purchase order, which normally
revises the quantities or scope of services, and may include an extension of time to complete
the contract.
Chief procurement officer means the person holding the position as the director of the
department of purchasing of the city.
City entity(ies) means the city, the office of the mayor, the city commissioners, the city
manager, the city clerk, all city departments and offices, the city commission, every City agency,
authority, advisory board, regulatory board, quasi-judicial board, semi -autonomous
instrumentality, committee, task force, trust, or any group created and/or funded, in whole or in
part, by the city commission, provided, ` Vith +ho EIXGen+,,,n of and the community redevelopment
agencies.
Contract means:
(1) A legally binding promise enforceable by law; a written agreement between two (2) or
more competent parties to perform or not perform a specific act or acts;
(2) All types of agreements for the procurement or disposal of goods, services or public
works or improvements.
Contractual party means a person or entity that enters into a contract with the city, or
supplies goods, equipment or services to the city.
Contractual services means contractual or general services that include, but are not limited
to, cleaning and security guard services; grounds maintenance; leasing; and rental,
maintenance or repair of equipment, supplies, machinery and other city -owned personal
property. The term shall not include professional or other personal services, which are by their
nature unique or are not subject to competitive bidding.
Cooperative purchasing means:
(1) Procurement conducted on behalf of two (2) or more public entities;
(2) The combining of requirements of two (2) or more public entities in order to obtain the
benefits of volume purchasing and/or reduction in administrative expenses.
Designee means a duly authorized representative of a person holding a superior position.
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Electronic means electric, digital, magnetic, optical, electromagnetic, or any other similar
technology.
Emergency procurement means a purchase made in response to a need when the delay
incident to complying with all governing rules, regulations, and/or procedures would be
detrimental to the life, health, welfare, safety or convenience of the city and/or its residents.
Goods means any tangible personal property other than services or real property.
Invitation forbids (IFB), aka invitation to bid (ITB), means the solicitation document and all
attachments and addenda used for competitive sealed bidding for the procurement of public
works or improvements, goods, equipment and/or contractual services. The IFB/ITB is used
when the using agency is capable of specifically defining the scope of work for which a
contractual or general service is required or when the using agency is capable of establishing
precise specifications defining the actual commodity or group of commodities required.
Local office means a business within the city which meets all of the following criteria:
(1) Has had a staffed and fixed office or distribution point, operating within a permanent
structure with a verifiable street address that is located within the corporate limits of
the city, for a minimum of twelve (12) months immediately preceding the date bids or
proposals were received for the purchase or contract at issue; for purposes of this
section, "staffed" shall mean verifiable, full-time, on -site employment at the local
office for a minimum of forty (40) hours per calendar week, whether as a duly
authorized employee, officer, principal or owner of the local business; a post office
box shall not be sufficient to constitute a local office within the city;
(2) If the business is located in the permanent structure pursuant to a lease, such lease
must be in writing, for a term of no less than twelve (12) months, been in effect for no
less than the twelve (12) months immediately preceding the date bids or proposals
were received, and be available for review and approval by the chief procurement
officer or its designee; for recently -executed leases that have been in effect for any
period less than the twelve (12) months immediately preceding the date bids or
proposals were received, a prior fully -executed lease within the corporate limits of
the city that documents, in writing, continuous business residence within the
corporate limits of the city for a term of no less than the twelve (12) months
immediately preceding the date bids or proposals were received shall be acceptable
to satisfy the requirements of this section, and shall be available for review and
approval by the chief procurement officer or its designee; further requiring that
historical, cleared rent checks or other rent payment documentation in writing that
documents local office tenancy shall be available for review and approval by the
chief procurement officer or its designee;
(3) Has had, for a minimum of twelve (12) months immediately preceding the date bids
or proposals were received for the purchase or contract at issue, a current business
tax receipt issued by both the city and Miami -Dade County, if applicable; and
(4) Has had, for a minimum of twelve (12) months immediately preceding the date bids
or proposals were received for the purchase or contract at issue, any license or
certificate of competency and certificate of use required by either the city or Miami -
Dade County that authorizes the performance of said business operations; and
(5) Has certified in writing its compliance with the foregoing at the time of submitting its
bid or proposal to be eligible for consideration under this section; provided, however,
that the burden of proof to provide all supporting documentation in support of this
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local office certification is borne by the business applicant submitting a bid or
proposal.
Major projects means projects with anticipated costs to the city in excess of $500,000.00
and/or projects involving the sale/lease/rental of city -owned waterfront property.
Most advantageous means a judgmental assessment of what is in the best interests of the
city and denotes a condition, which will result in a maximum benefit being conferred upon the
city.
On-line procurement/bidding means a procurement process in which the purchasing
department receives bids for goods, equipment, and contractual services, electronically
transmitted over the internet in a real-time, open, interactive competitive bidding event.
On-line procuremenVbiddinp platform means the platform used by the Department of
Procurement (i.e. Bidsync, Oracle, etc.) to advertise solicitations, submit and receive quotes,
bids, proposals, etc., electronically transmitted over the internet in a real-time, open, interactive,
and competitive bidding events.
Persons retained as expert consultants means individuals acting as independent
contractors retained by the city manager on a contract basis with a specific term for the purpose
of performing specialized defined tasks that require knowledge, skills and training not otherwise
available to the city by temporary or permanent members of the classified or unclassified
service and which tasks, by their nature, require independent and autonomous judgment.
Remuneration for the services of such persons shall not exceed one hundred twenty-five
thousand dollars ($125,000.00) in any one year, and shall be payable on a per diem basis.
Practicable means that which may be accomplished or put into practical application.
Procurement means buying, purchasing, renting, leasing or otherwise acquiring any goods
and/or services for public purposes in accordance with the law, rules, regulations and
procedures intended to provide for the economic expenditure of public funds. It includes, but is
not limited to, all functions which pertain to the obtaining of any supplies, materials, equipment
and/or services, including public works and improvements and capital improvement projects, as
defined herein, required by any department or agency of city government, regardless of the
source of funds. For the purposes of this article, it excludes those items set forth in subsection
18-72(b).
Professional and personal services means (a) services, the value of which is substantially
measured by the professional competence of the person performing them, and which are not
susceptible to realistic competition by cost of services alone; (b) services rendered by members
of a recognized profession or persons possessing a specialized skill. Such services are
generally acquired to obtain information, advice, training or direct assistance.
"Professional and personal services" shall include but not be limited to services customarily
rendered by architects, engineers, surveyors, auditors, software and system applications,
planning, electronic, technology, technical and management consultants, appraisers, and
medical -related providers.
Proposal means an executed formal document submitted by a proposer to the city, stating
the goods and/or services offered to satisfy the need as requested in the request for proposals,
request for letters of interest or request for qualifications.
Proposer means a respondent to a request for proposals, request for letters of interest or
request for qualifications.
Public notice unless otherwise specified herein, or as otherwise required by Florida
Statutes, as amended, mandating a specific form of notice for a specified procurement, means
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publication in the City's website and/or via the On-line procurement/bidding platform and/or
other free publication (i.e., Construction Journal) a Rewsnanor of general ^;r^111;ati ,,, OR the Gity
within a reasonable time.
Purchase means the same as procurement, as defined herein.
Purchase order means the city's document used to authorize a purchase transaction with a
contractual party. It should contain a description of goods and/or services ordered, applicable
terms as to payment, discounts, date of delivery/performance, insurance and other factors or
conditions relating to the transaction. Acceptance of a purchase order by a contractual party
shall constitute a contract, except in those instances in which a purchase order is used only as
an internal encumbrance document.
Quotation or informal bid means any oral or written informal offer by an offeror to the city to
furnish specific goods and/or services at a stated price.
Request for letters of interest (RFLI) means a solicitation of responses from interested and
prospective proposers to submit a summary of their qualifications and/or capabilities and state
their interest in performing a specific job or service. Proposers may be given latitude in offering
a service that may fulfill the city's need.
Request for proposals (RFP) means all documents, whether attached or incorporated by
reference, utilized for soliciting competitive sealed proposals for goods and/or services.
Evaluation of a proposal is based on prior established criteria wherein the RFP shall state the
relative importance of price and other evaluation factors.
Request for qualifications (RFQ) means a solicitation of responses from interested and
prospective proposers in which factors other than price, including but not limited to financial
capability, reputation, experience, and business competency, are considered and evaluated in
order to develop a list of qualified proposers.
Request or invitation for quotation means a competitive solicitation for an informal bid price
for supplies or services that is conveyed by form, letter, telephone or other means and does not
require advertisement or a sealed bid public opening, or public reading of bids.
Responsible bidder, proposer, offeror, or respondent means a business which has
submitted a bid, offer, proposal, quotation or response, which has the capability, as determined
by the city, in all respects to perform fully the contract requirements, and the integrity and
reliability of which give reasonable assurance of good faith and performance.
Responsive bidder, proposer, offeror, or respondent means a business which has
submitted a bid, offer, proposal, quotation or response which conforms in all material respects to
the solicitation.
Scope of work means a detailed description of the work set forth in the request for
proposals, request for qualifications, or request for letters of interest which the contractual party
will be required to perform.
Signature means a manual or electronic identifier, or the electronic result of an
authentication technique attached to or logically associated with a record that is intended by the
person using it to have the same force and effect as a manual signature.
Sole source means the only existing source of the item or service which meets the needs of
the using agency, city department, office, board, city commission, or trust, as determined by a
reasonably thorough analysis of the marketplace.
Specifications means a concise statement of a set of requirements to be satisfied by a
product, material, or process used in an invitation for bids, invitation to bid, or request or
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invitation for quotation to describe the goods, equipment, and/or contractual services to be
purchased or otherwise acquired.
Surplus personal property means surplus, obsolete or scrap supplies or equipment.
"Surplus supplies or equipment" means those which are capable of being used but are in
excess of the normal operating requirements of the city. "Obsolete supplies or equipment"
means those which may no longer be used for their intended purposes because their use has
become economically upgraded. "Scrap supplies or equipment" are those that can no longer be
used either safely or economically for any purpose except for their possible salvage value.
Using agency means any city entity which requests and uses goods, equipment and/or
services procured pursuant to this article.
Sec. 18-85. - Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts
for goods, equipment and services over $25,000.00, except as otherwise provided for in
this article, where it is both practicable and advantageous for the city to specify all detailed
plans, specifications, standards, terms and conditions so that adequate competition will
result and award may be made to the lowest responsive and responsible bidder principally
on the basis of price; provided, however, when a responsive, responsible non -local bidder
submits the lowest bid price, and the bid submitted by one or more responsive, responsible
local bidders who maintain a local office, as defined in section 18-73, is within 15 percent of
the price submitted by the non -local bidder, then that non -local bidder and each of the
aforementioned responsive, responsible local bidders shall have the opportunity to submit a
best and final bid equal to or lower than the amount of the low bid previously submitted by
the non -local bidder. Contract award shall be made to the lowest responsive, responsible
bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid
between a local bidder and a non -local bidder, contract award shall be made to the local
bidder. Notwithstanding the foregoing, the city manager may waive competitive sealed
bidding methods by making a written finding which shall contain reasons supporting the
conclusion that competitive sealed bidding is not practicable or is not advantageous to the
city, which finding must be ratified and the award approved by an affirmative vote of four -
fifths of the city commission or an unanimous vote of the quorum that exists because of
either abstentions or vacancies resulting from resignation, death, suspension, or physical
incapacitation after a properly advertised public hearing. When competitive sealed bidding
methods are waived, other procurement methods shall be followed except for the cone of
silence provisions, which shall not be applicable. This section shall not apply to transfers to
the United States or any department or agency thereof, to the state or to any political
subdivision or agency thereof.
(b) Invitation forbids. An invitation for bids shall be issued and shall include, but not be limited
to:
(1) Instructions and information to bidders concerning the bid submission requirements,
including the time and date set for receipt of bids, the addFess of the effiGe to which
hods are to be deli eFed T the maximum time for bid acceptance by the city, the right of
the city manager to reject all offers or bids, and any other special information;
(2) The purchase description, qualification factors, delivery or performance schedule, and
such inspection and acceptance requirements as may not be included in the purchase
description;
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(3) The contract terms and conditions, including warranty and bonding or other security
requirements, as applicable;
(4) The date, time and place at which any prebid conference may be held and whether
attendance at such conference is a condition for bidding; and
(5) The place where any documents incorporated by reference may be obtained.
(c) Bidders lists. Bidders lists may be compiled to provide the city with the names of
businesses which may be interested in competing for various types of city contracts. Unless
otherwise provided, inclusion or exclusion of the name of a business does not indicate
whether that business is responsible in respect to a particular procurement or otherwise
capable of successfully performing a particular city contract.
(d) Public notice. Notice inviting bids shall be published in the City's Procurement website
and/or via the On-line procurement/bidding platform and/or a free online publication, unless
a specified form of notice is required otherwise by Florida Statutes, at least nn`+o in
Rewspaper of general `+ir`+i il;+inn in the Gity a for a reasonable time prior to bid opening_=
4ept at least 155 r__aleap dar days shall i.Atearveapea h-eab.A.4eaeap the last date Gf p6lbliGatiGR
;;AdOho find r1;a4o fnr ci ihmi44inrr bmdS Such notice shall state the general description of the
goods or services to be purchased, the place where a copy of the invitation for bids may be
obtained, and the time and place for opening of bids. In addition, the chief procurement
officer may solicit bids from all responsible prospective suppliers listed on a current bidders
list by sending such bidders copies of the notice to acquaint them with the proposed
purchase.
(e) Prebid conferences. Prebid conferences may be conducted to explain the requirements of
the proposed procurement and shall be announced to all prospective bidders known to
have received an invitation for bids. Conferences should be held long enough after the
invitations for bids have been issued to allow prospective bidders to become familiar with
the proposed procurement, but sufficiently before bid submission to allow consideration of
the conference results in preparing their bids. Nothing stated at a prebid conference shall
change the invitation for bids unless a change is made by written addendum, which shall be
supplied to all those prospective bidders known to have received an invitation for bids. All
prebid conferences shall be recorded, and, if a transcript is made, such transcript shall be a
public record.
(f) Bid opening. All bids shall be submitted through the City's On-line procurement/bidding
platform sealed to the Gity nle* no later than the time and date specified for submission.
The
amount of each bid and such other relevant information as may be deemed desirable,
together with the name of each bidder, shall be recorded by the On-line
procurement/bidding platform_ The record and each bid shall be open to public
inspection, to the extent consistent with applicable state laws.
(g) Bid acceptance and evaluation. Bids shall be evaluated based on the requirements set
forth in the invitation for bids, which may include criteria to determine acceptability such as
inspection, quality, technique, delivery and suitability for a particular purpose. Those criteria
that will affect the bid price and be considered in evaluation for award, such as discounts,
transportation costs, and total or life cycle costs shall be measured objectively. No criteria
may be used in bid evaluation which were not set forth in the invitation for bid. The results
of the evaluation and tabulation of bid prices shall be transmitted by the chief procurement
officer to the city manager.
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(h) Award. The procurement shall be awarded with reasonable promptness by written notice
to the lowest responsive and responsible bidder, whose bid meets the requirements and
criteria set forth in the invitation for bids except as otherwise provided in this section. For
any procurement, including contracts, a bid to be awarded which exceeds $25,000.00 shall
be awarded by the city manager only upon certification of the results of the evaluation and
the bid tabulation by the chief procurement officer as being in compliance with competitive
sealed bidding methods, except as otherwise provided in this article. Copies of the city
manager's award shall be delivered to the chief procurement officer and all affected
department directors.
All bid awards in excess of $50,000.00 must be approved by the city commission upon
recommendation by the city manager. The decision of the city commission shall be final.
Threshold amounts referenced herein shall include the values associated with potential options
of renewal. Awards made by the city manager or by the city commission shall include authority
for all subsequent options of renewal, if any. The aforementioned options of renewal shall be
exercisable at the option of the city manager if, after review of past performance under the
contract, the city manager determines, in his/her sole discretion, that exercise of the option of
renewal is in the best interest of the city.
The city commission or the city manager shall have the authority to reject any or all bids or
portions of bids, or to negotiate with the lowest bidder for better pricing.
In the event only one bid is received, the city may award to the sole bidder, negotiate for
better pricing or may re -bid, whichever is in the best interest of the city.
The city manager shall submit to the city commission on a monthly basis a list of
procurements or contracts awarded by the city manager.
Sec. 18-86. - Competitive negotiations/competitive sealed proposals.
(a) Conditions for use.
(1) Competitive negotiations/competitive sealed proposals shall be used in those
circumstances in which it is both practicable and advantageous for the city to consider
a range of competing plans, specifications, standards, terms and conditions so that
adequate competition will result and award be made not principally on the basis of
price, but to the respondent whose proposal contains the most advantageous
combination of price, quality or other features. All contracts shall be signed by the city
manager.
(2) A contract may be entered into by use of the competitive negotiation/competitive
sealed proposal methods when:
a. The chief procurement officer determines that the complex specialized nature or
technical details of a particular procurement make the use of competitive sealed
bidding either not practicable or reasonable, or not advantageous to the city; or
b. Specifications or scope of work cannot be fairly or objectively prepared so as to
permit competition in the invitation for bids; or
c. Technology, electronic, software, and system applications are available from a
limited number of sources; or
d. Qualifications and the quality of the service to be delivered can be considered
more important than price.
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(3) Competitive negotiations/competitive sealed proposals shall be used in the
procurement of personal and professional services except for:
a. Professional services as defined in Florida Statute § 287.055, as amended from
time to time.
b. Legal services.
c. Services related to the cultural, educational, recreational or park activities provided
by non-profit organizations within city parks. These services may be awarded
without competitive negotiations if the city manager makes a written finding,
supported by reasons, to the city commission that competitive negotiation methods
are not practicable or advantageous. Such finding must be ratified and the award
approved by an affirmative vote of four -fifths of the commission after a properly
advertised public hearing.
d. Maintenance agreements to support proprietary software applications.
(b) Competitive negotiations method. Where the contract does not exceed $50,000.00, at
least three written proposals shall be sought and the city shall enter into competitive
negotiations to determine which proposal is most advantageous to the city. The written
proposals received and the results of the evaluation shall be maintained as a public record.
The contract may be awarded by the city manager upon certification of compliance with
competitive negotiations method by the chief procurement officer. The city manager shall
submit to the city commission on an annual basis a list of contracts awarded by the city
manager through this method.
(c) Competitive sealed proposal method. Where the contract exceeds $50,000.00, the city
may utilize the following competitive sealed proposal method:
(1) Request for proposals (RFP) or request for letters of interest (RFLI) or request for
qualifications (RFQ) setting forth the terms and conditions of the professional or
personal services sought, including but not limited to, scope of work and evaluation
factors, shall be issued. The RFP, RFLI or RFQ, as applicable, may, in the exercise of
the reasonable professional discretion of the city manager, director of the using
agency, and the chief procurement officer, include a five percent evaluation criterion in
favor of proposers who maintain a local office, as defined in section 18-73. In such
cases, this five percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it
will not apply. All RFPs involving major projects must be reviewed by the office of the
independent auditor general ("auditor general") prior to submittal to the city commission
for consideration. Additionally, after city commission is an award pursuant to a RFP for
a major project, all resultant agreements must also be reviewed by the auditor general
prior to execution.
(2) Mailing lists. Lists of prospective proposers/respondents may be compiled pursuant to
section 18-85 (competitive sealed bidding).
(3) Public notice. Adequate public notice in the City's Procurement website and/or via the
On-line procurement/bidding platform, unless a specific form of notice is required
otherwise by Florida Statutes, 'IR a RewspapeF of geReFal GiFG, Iati R shall be provided
pursuant to Section 18-85.
(4) Pre -proposal conference. A pre -proposal conference may be conducted to explain
the requirements of the proposed procurement and shall be announced to all
prospective proposers known to have received an RFP, RFLI, or RFQ. Conferences
should be held long enough after the RFP, RFLI, or RFQ has been issued to allow
City of Miami Page 12 of 19 File ID: 7568 (Revision:) Printed on: 111612020
File ID: 7568
Enactment Number: 13934
prospective proposers to become familiar with the proposed procurement, but
sufficiently before receipt of proposal to allow consideration of the conference results in
preparing their proposals. Nothing stated at a pre -proposal conference shall change
the RFP, RFLI, or RFQ unless a change is made by written addendum, which shall be
supplied to all those prospective proposers known to have received an RFP, RFLI, or
RFQ. All pre -proposal conferences shall be recorded, and, if a transcript is made, such
transcript shall be a public record.
(5) Receipt of proposals. Sealed proposals shall be submitted through the City's On-line
procurement/bidding platform m1116
+ ho FP-Gei„ed by the Gity Glerk no later than the time
and date specified for submission in the request for proposals or request for letters of
interest or requests for qualifications. The name of each proposer shall be recorded by
the Gity Glerk „r itS deSigRee On-line procurement/bidding platform, and the record and
each proposal, to the extent consistent with applicable state law, shall be open to
public inspection.
(6) Proposal evaluation. An evaluation committee shall be appointed by the city manager
for the purpose of evaluating proposals based upon the criteria contained in the RFP,
RFLI or RFQ. No other factors or criteria shall be used in the evaluation. As may be
provided in the RFP, RFLI or RFQ, proposers may be invited to make oral
presentations regarding their Proposals. The recommendations of the evaluation
committee shall be submitted to the city manager.
In the event only one proposal is received, the evaluation committee may proceed with
the evaluation, or request the city manager to reject all proposals, whichever is in the
best interests of the city.
a. After reviewing the evaluation committee's recommendation, the city manager
may:
1. Approve the recommendation of the evaluation committee, and the city
manager shall then authorize contract negotiations through city staff. Upon
completion of contract negotiations, the city manager shall then submit his or
her award recommendation and negotiated contract(s) to the city commission
for approval, at which time, written notice shall be provided to all proposers;
2. Approve the recommendation of the evaluation committee, written notice of
which shall be provided to all proposers, and the city manager shall then
submit his or her recommendation to the city commission;
3. Reject the evaluation committee's recommendation and instruct the
evaluation committee to re-evaluate and make further recommendations;
4. Reject all proposals; or
5. Recommend that the city commission reject all proposals.
b. After reviewing the city manager's recommendation, the city commission may:
1. Approve the city manager's award recommendation and negotiated
contract(s);
2. Approve the city manager's recommendation and authorize contract
negotiations;
3. Reject all proposals;
4. Reject all proposals and instruct the city manager to reissue a solicitation; or
City of Miami Page 13 of 19 File ID: 7568 (Revision:) Printed on: 111612020
File ID: 7568
Enactment Number: 13934
5. Reject all proposals and instruct the city manager to enter into competitive
negotiations with at least three individuals or firms possessing the ability to
perform such services and obtain information from said individuals or firms
relating to experience, qualifications and the proposed cost or fee for said
services, and make a recommendation to the city commission.
(7) Award. Award shall be made to the responsive and responsible proposer whose
proposal is most advantageous to the city as determined by the city commission in
accordance with the evaluation criteria contained in the RFP, RFLI or RFQ.
The decision of the city commission shall be final. Written notice of the award shall be given
to the successful proposer.
Threshold amounts referenced herein shall include the values associated with potential
options of renewal. Awards made by the city manager or by the city commission shall include
authority for all subsequent options of renewal, if any. The aforementioned options of renewal
shall be exercisable at the option of the city manager if, after review of past performance under
the contract, the city manager determines in his/her sole discretion that exercise of the option of
renewal is in the best interest of the city.
Sec. 18-118. - Public -private partnerships.
(a) The city hereby adopts F.S. § ''A'�=255.065, as amended,21261bli^-nri„�+o
paFt eF6hiPS_ " and expressly incorporates it by reference into the city procurement
ordinance.
(b) Definitions. For purposes of this section, the words defined in F.S. § 255.065(1), as
amended, § 297.057-12(1) (entitled "Defini+innc")including, without limitation, "qualifying
project," shall have the same meaning in this section.
(c) Conditions for use.
(1) Competitive negotiations/competitive sealed proposals may be used for a qualifying
project in which it is both practicable and advantageous for the city to consider a range
of competing plans, specifications, standards, terms and conditions so that adequate
competition will result and award be made not principally on the basis of price, but to
the respondent whose proposal contains the most advantageous combination of price,
quality or other features. All contracts shall be signed by the city manager.
(2) A contract may be entered into by use of the competitive negotiation/competitive
sealed proposal methods when:
a. The chief procurement officer determines that the complex specialized nature or
technical details of a particular procurement make the use of competitive sealed
bidding either not practicable or unreasonable, or not advantageous to the city;
b. Specifications or scope of work cannot be fairly or objectively prepared so as to
permit competition in the invitation for bids; or
c. Qualifications and the quality of the service to be delivered can be considered
more important than price.
(d) Competitive sealed proposal method. Where the contract exceeds $50,000.00, the city
may utilize the following competitive sealed proposal method:
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File ID: 7568 Enactment Number: 13934
(1) Request for proposals (RFP), request for letters of interest (RFLI), or request for
qualifications (RFQ) setting forth the terms and conditions of the professional or
personal services sought for the qualifying project, including but not limited to, scope of
work and evaluation factors, shall be issued. The RFP, RFLI, or RFQ, as applicable,
may, in the exercise of the reasonable professional discretion of the city manager,
director of the using agency, and the chief procurement officer, include a five percent
evaluation criterion in favor of proposers who maintain a local office, as defined in
section 18-73. In such cases, where applicable, this five percent evaluation criterion in
favor of proposers who maintain a local office will be specifically defined in the RFP,
RFLI or RFQ.
(2) Financing. Public -private partnerships traditionally involve long-term financing
agreements between the parties. RFPs, RFLIs or RFQs for a qualifying project that
contemplate long-term financing wherein the city would incur a debt obligation must be
reviewed and approved in advance of advertisement as to form by the finance
committee of the city.
(3) Mailing lists. Lists of prospective proposers/respondents may be compiled pursuant to
section 18-85 (Competitive sealed bidding).
(4) Public notice. Adequate public notice in the City's Procurement website and/or via the
On-line procurement/bidding platform neWSpaper of `revere' ^;r^11'a+;^n shall be
provided pursuant to section 18-85; provided, however, that all such public notices
must also comply with F.S. � 255.065, as amended.
(5) Pre -proposal conference. A pre -proposal conference may be conducted to explain the
requirements of the proposed procurement and shall be announced to all prospective
proposers known to have received an RFP, RFLI, or RFQ. Conferences should be held
long enough after the RFP, RFLI, or RFQ has been issued to allow prospective
proposers to become familiar with the proposed procurement, but sufficiently before
receipt of proposal to allow consideration of the conference results in preparing their
proposals. Nothing stated at a pre -proposal conference shall change the RFP, RFLI, or
RFQ unless a change is made by written addendum, which shall be supplied to all
those prospective proposers known to have received a RFP, RFLI, or RFQ. All pre -
proposal conferences shall be recorded and be maintained as a public record.
(6) Receipt of proposals. Sealed proposals shall be submitted through the City's On-line
procurement/bidding platform must he received by the Gity n'e* no later than the time
and date specified for submission in the RFP, RFLI, or RFQ. The name of each
proposer shall be recorded by the On-line procurement/bidding platform, by the-Gity
n'e* er his/her deSigRee and the record and each proposal, to the extent consistent
with applicable state law, shall be open to public inspection.
(7) Proposal evaluation. An evaluation committee shall be appointed by the city manager
for the purpose of evaluating proposals based upon the criteria contained in the RFP,
RFLI or RFQ. This evaluation committee shall be comprised predominantly of
individuals who are not city personnel and which are deemed subject matter experts in
the project areas concerned (for example: an architect, engineer, certified public
accountant, financial advisor, etc. who are certified or registered as required by the
law). No other factors or criteria shall be used in the evaluation. As may be provided in
the RFP, RFLI or RFQ, proposers may be invited to make oral presentations regarding
their proposals. The recommendations of the evaluation committee shall be submitted
to the city manager.
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In the event only one proposal is received, the evaluation committee may proceed with
the evaluation, or request the city manager to reject all proposals, whichever is in the
best interests of the city.
a. After reviewing the evaluation committee's recommendation, the city manager
may:
1. Approve the recommendation of the evaluation committee, written notice of
which shall be provided to all proposers, and the city manager shall then
submit his/her recommendation to the city commission;
2. Reject the evaluation committee's recommendation and instruct the
evaluation committee to re-evaluate and make further recommendations;
3. Reject all proposals; or
4. Recommend that the city commission reject all proposals.
(8) Award. For agreements that involve long-term financing wherein the city would incur a
debt obligation, the city manager's award recommendation shall be reviewed and
approved by the finance committee of the city before being submitted for consideration
by the city commission. Award shall be made to the responsive and responsible
proposer whose proposal is most advantageous to the city as determined by the city
commission in accordance with the evaluation criteria contained in the RFP, RFLI or
RFQ.
a. After reviewing the city manager's recommendation, the city commission may:
1. Approve the city manager's recommendation and authorize contract
negotiations;
2. Reject all proposals;
3. Reject all proposals and instruct the city manager to reissue a solicitation; or
4. Reject all proposals and instruct the city manager to enter into competitive
negotiations with at least three individuals or firms possessing the ability to
perform such services and obtain information from said individuals or firms
relating to experience, qualifications and the proposed cost or fee for said
services, and make a recommendation to the city commission.
The decision of the city commission shall be final. Written notice of the award shall be
given to the successful proposer.
Threshold amounts referenced herein shall include the values associated with potential
options of renewal. Awards made by the city manager or by the city commission shall
include authority for all subsequent options of renewal, if any. The aforementioned
options of renewal shall be exercised at the option of the city manager, subject to
confirmation by the city commission if, after review of past performance under the
contract, the city manager determines in his/her sole discretion that exercise of the
option of renewal is in the best interest of the city.
Sec. 18-119. Unsolicited proposals.
City of Miami Page 16 of 19 File ID: 7568 (Revision:) Printed on: 111612020
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(a) The city hereby adopts F.S. § 287 0571=255.065, as amended,"P bli^-nri„�+o
paFt teFShips" and expressly incorporates it a& -by reference into the city procurement
ordinance, as such may be modified.
(b) Definitions. For purposes of this section, the following words shall have the same
meanings ascribed to them as in F.S. § 287 0571=255.065, as amended:
(1) "Qualifying project";
(2) "Private entity";
(c) Conditions for use. The city may receive unsolicited proposals for a qualifying project and
may thereafter enter into an agreement with a private entity, or a consortium of private
entities, for said qualifying project, subject to the procedures and conditions set forth herein.
Any unsolicited proposal shall include sufficient detail and information for the city to
evaluate the proposal in an objective and timely manner.
(d) Application fee. Any private entity or consortium of private entities desiring to submit an
unsolicited proposal for a qualifying project shall submit to the city an application fee of
$25,000.00 payable to the city in the form of a money order or cashier's check at the time of
unsolicited proposal submittal. If the cost of evaluating the unsolicited proposal exceeds
$25,000.00 the application fee shall be increased to a reasonable fee to pay the costs of
evaluating the unsolicited proposal. The proposer will be notified and will promptly pay the
balance of the application fee needed to pay the costs of evaluating the unsolicited
proposal. As provided for in F.S. § 297.057-12(4 255.065, as amended, the purpose of
this application fee is to pay the costs of evaluating the unsolicited proposal. The city may
need to engage the services of a private consultant to assist in the evaluation of the
unsolicited proposal. The city shall refund any portion of the initial application fee paid in
excess of its direct costs associated with evaluating the proposal.
(e) Public notice. If the city receives an unsolicited proposal for a qualifying project pursuant to
this section and the city desires to enter into an agreement with the private entity or
consortium of private entities submitting same, the city shall first notify the commission of
the receipt of said unsolicited proposal by placement of a discussion item on the next
available commission meeting agenda. Upon the commission's approval to proceed with
said unsolicited proposal project, the city shall publish public notice in the Florida
Administrative Register, aPA-on the City's Procurement website and/or via the On-line
procurement/bidding platform, and a newspaper of general circulation at least once a week
for a minimum of two aLweeks stating that the city has received an unsolicited proposal
and that the city will accept other proposals for the same qualifying project. The city shall
additionally furnish a copy of the same notice to any homeowners or neighborhood
associations currently registered with the city's Neighborhood Enhancement Team ("NET")
office. The city shall set forth in each such request for proposals the criteria to be evaluated
and how such private partner shall be selected from the proposals submitted. The entity
submitting the original unsolicited proposal may submit a more detailed proposal in
response to the city's notice. The timeframe for allowing other proposals shall be no fewer
than 21 days but no more than 120 days after the initial date of publication. A copy of the
notice must be mailed to each local government in the affected area of the qualifying project
which shall mean Miami -Dade County and/or any municipality and/or special district in
which all or a portion of the qualifying project is located.
(f) Receipt of proposals. Sealed proposals shall be submitted through the City's On-line
procurement/bidding platform must he renei„ed by the Gity Gie* no later than the time and
date specified. The name of each proposer shall be recorded by the On-line
procurement/bidding platform, by the Gity Gle* er his/her designee and the record and
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File ID: 7568 Enactment Number: 13934
each proposal, to the extent consistent with applicable state law, shall be open to public
inspection.
(g) Proposal evaluation. An evaluation committee shall be appointed by the city manager for
the purpose of evaluating and ranking the proposals based upon factors that include, but
are not limited to: professional qualifications and experience, general business terms,
innovative design techniques or cost -reduction terms, and finance plans. Proposers may be
invited to make oral presentations regarding their proposals. The recommendations of the
evaluation committee shall be submitted to the city manager.
In the event only one proposal is received, the evaluation committee may proceed with
the evaluation, or request the city manager to reject all proposals, whichever is in the best
interests of the city.
(1) After reviewing the evaluation committee's recommendation, the city manager may:
a. Approve the recommendation of the evaluation committee, written notice of which
shall be provided to all proposers, and the city manager shall then submit his or
her recommendation to the city commission;
b. Reject the evaluation committee's recommendation and instruct the evaluation
committee to re-evaluate and make further recommendations;
c. Reject all proposals; or
d. Recommend that the city commission reject all proposals.
(h) Award. For agreements that involve long-term financing wherein the city would incur a
debt obligation, the city manager's award recommendation shall be reviewed and approved
by the finance committee of the city before being submitted for consideration by the city
commission. Award shall be made to the highest -ranked responsible proposer whose
proposal is most advantageous to the city as determined by the city commission in
accordance with the criteria the evaluation committee used in evaluating and ranking the
proposals.
(1) After reviewing the city manager's recommendation, the city commission may:
a. Approve the city manager's recommendation and authorize contract negotiations;
b. Reject all proposals;
(2) The decision of the city commission shall be final. Written notice of the award shall be
given to the successful proposer.
Unsolicited proposals may only be awarded by the city commission subject to the
procedures set forth herein. Awards made by the city commission shall include authority for all
subsequent options of renewal, if any. The aforementioned options of renewal shall be
exercised at the option of the city manager, subject to confirmation by the city commission if,
after review of past performance under the contract, the city manager determines in his/her sole
discretion that exercise of the option of renewal is in the best interest of the city. All agreements
shall be in a form acceptable to the city commission or city manager, as applicable, and are
subject to approval as to legal from by the city attorney. The chief financial officer or his/her
designee shall review all finance plans and documents related to the private entity's
performance, payment of subcontractors and similar responsibilities. The director of risk
management shall review all insurance and related requirements.
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File ID: 7568
Enactment Number: 13934
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 4. If any portion of a Resolution previously adopted by the City Commission
conflicts with this Ordinance, this Ordinance will supersede and those conflicting provisions will
be rescinded.
Section 5. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, ity Mtor iey 8/3112020
2 This Ordinance shall become effective a//s specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 19 of 19 File ID: 7568 (Revision:) Printed on: 111612020