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Home My WebLink AboutO-13991City of Miami l i , J'f Legislation Ordinance: 13991 File Number: 8781 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/22/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/ECONOMIC STIMULUS AWARDS AND AGREEMENTS," BY MAKING CERTAIN CLARIFICATIONS AND MODIFICATIONS AND FACILITATING THE EXPEDITING OF THE CAPITAL PROJECTS THAT WOULD BE LISTED ON ATTACHMENT "A" REFERENCED IN THIS SECTION, AS AMENDED FROM TIME TO TIME AND APPROVED BY THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the City of Miami's ("City") Department of Procurement finds it necessary and in the best interest of the City to revise the City's Procurement Code, specifically Section 18-117 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Economic Stimulus Awards and Agreements;" and WHEREAS, Section 18-117 of the City Code is being revised to include further clarifications and modifications to provide for certain delegations of authority to the City Manager that facilitate the expediting of the capital projects listed on Attachment "A" referenced in this Section, as amended from time to time and approved by the City Commission, and changing the contract contingency allowance from the current ten percent (10%) language to the amended up to ten percent (10%) language' 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, titled "Finance/City of Miami Procurement Ordinance," is further amended in the following particulars:' CHAPTER 18 FINANCE ' 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. City of Miami Page 1 of 3 File ID: 8781 (Revision:) Printed On: 51412021 File ID: 8781 Enactment Number: 13991 ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-117. - Economic stimulus awards and agreements. (a) This section, to be known as the economic stimulus awards and agreements, is intended to provide an expedited process to award contracts related to certain capital construction projects, identified in Attachment "A," as amended from time to time of by City Commission resolution, with the express purpose of stimulating the local economy. (b) The expedited process set forth herein, shall be applicable to the processing, design, and construction of capital improvement projects identified in Attachment ,A," as amended from time to time by City Commission Resolution. The City Commission may, from time to time, by passage of resolutions, add or delete projects from the list of economic stimulus projects to which this Section applies. (c) All actions taken under this section shall be subject to review by the effi^o of c+rategiG planning, b rr ldge+inand perfermanno Office of Management and Budget to ensure funding is available for each project. (d) Notwithstanding any other provision of the City Code, including, without limitation, the City Procurement Ordinance to the contrary, the City Manager or his/her designee shall have the following authority only with respect to the identified economic stimulus projects: (1) cor"iGes ac deafinorl by and in annnrrJanno with F.S. § 287.055 ("Tho (`nnci I+ten+c n F61110n and r,rnVirled ki-Rt ;49ucTr5-31-IGh " rittee s-hr'11Iv-ad- Genrt-aiR, wTeReye•r Pess0F reprocon+a+inn from the H sear depar+mon+ To issue solicitation documents including addenda thereto; (2) Te icci io hid- and r,rnr.nc;l rin,+i imon+c in,+li itlinrr ;ddtaprla +horo+n To receive, open, review, and evaluate bids and proposals; (3) TTFEG ' ,o -"-' ro„ir!o,e, ano„ali ia+o bids and r,rnr,ncalc. To appoint evaluation, selection, and negotiation committees to obtain professional services as defined by and in accordance with F.S. � 287.055 ("The Consultant's Competitive Negotiation Act or CCNA") as amended, eliminating the requirements of Subsection 18-54202) requiring that the majority of evaluation committee be from the public and provided that each such committee should contain, whenever possible, representation from the user department; (4) To reject bids and proposals for contracts including, but not limited to, professional service agreements, construction contracts, and contracts for the purchase of goods and services, as applicable. (e) The City Manager may award and execute contracts, contract amendments, and change orders, including professional services agreements and construction contracts in accordance with F.S. § 255.20 ("Local bids and contracts for public construction works") as amended, and F.S. 287.055 (CCNA), as amended, without City Commission approval and issue t4e a Notice to Proceed on each where: (1) The award value of the contract has been reviewed and approved by the e##+ee-e# tFategiG 111ar1Y ORg b idgetiRg and pei:f„rmaFlGe Office of Management and Budget; (2) The value of the recommended award does not exceed the estimated cost of construction by more than ten percent 1( ON; (3) At least tThree (3) or more bids or proposals are received from responsive and responsible bidders or proposers, unless fewer than three (3) bids or proposals are received after customary public announcement and qualification procedures have been used; City of Miami Page 2 of 3 File ID: 8781 (Revision:) Printed on: 51412021 File ID: 8781 Enactment Number: 13991 (4) The contractor er PFGfeSSOGRal SeFViGeS, vendor or consulting firm receiving the award is in good standing with the City including, but not limited to, having no outstanding debts to the City and proves demonstrated acceptable past performance; (5) The contractor has submitted required insurance, bonds, affidavits, and documentation required by the solicitation; aP4 (6) None of the bidders or proposers have timely filed a bid protest-; and (7) The contract amendment, change order, or claim does not increase the contract amount, including any dedicated and contingency allowances, by more than ten percent (10%). This limitation shall not apply to any contract amendment or change order resulting from emergency actions impacting environmental remediation, public safety, health requirements, or recovery from natural disaster or any other Act of God. (f) The City Manager shall submit to the City Commission, on a bi FnE)Rthly quarterly basis, a listing of any contracts including the names of the firms, the names of the projects, and the amount of compensation of any contracts the City Manager has awarded under this section. (g) Except+tg for the execution of contracts, the City Manager may delegate his or her duties under this Section to the director of the Office of Capital Improvements Pry, the Chief Procurement Officer, or the administrative head of the user agency. All contracts awarded under this section shall be in a form acceptable to the City Attorney. (h) A Gcontract contingency allowances of up to ten percent 1( 0%) for economic stimulus projects will be utilized to minimize disruptions in the flow of the work. Change orders shall be submitted to replenish a contingency allowance upon fifty percent (50%) depletion of its initial amount. ,.),urger Y So+ fnr+h hARB;n Such change orders will include a report on the draws against the initial contingency. (i) The authority delegated to the City Manager or his/her designee pursuant to this Section shall be in addition to and not in derogation of any and all other delegations of authority set forth elsewhere in the City Code. {4 i) This Section shall sunset upon completion and acceptance of the approved list of projects, as may be amended unless this Section is earlier repealed by the City Commission. *„ Section 5. 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 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i nna I AndeU ez, Rty Attor ey 3/1612021 2 This Ordinance shall become effective as 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 or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 8781 (Revision:) Printed on: 51412021