HomeMy WebLinkAboutO-12349J-02-1027
02/05/03
ORDINANCE NO. 12349
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 18, ARTICLE III, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "PURCHASING AND CONTRACTS
GENERALLY," THE CITY OF MIAMI PROCUREMENT
ORDINANCE, TO PROVIDE THAT THE CITY MANAGER
MAY AWARD CERTAIN PROFESSIONAL CONTRACTS,
SUBJECT TO APPLICABLE REQUIREMENTS, UNDER THE
CONSULTANTS' COMPETITIVE NEGOTIATION ACT
("CCNA") WHICH DO NOT EXCEED $500,000 IN
VALUE MORE PARTICULARLY BY AMENDING SECTION
18-87 OF THE CODE; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS ORDINANCE TO ALL
DIRECTORS AND AGENCIES HEREIN DESIGNATED;
CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 18, Article III, of the Code of the City of
Miami, Florida, as amended, entitled "Purchasing and Contracts
Generally," includes the City of Miami Procurement Ordinance
which codifies the applicable laws, rules and policies pertaining
to municipal purchases; and
WHEREAS, the Procurement Ordinance includes a provision for
the acquisition of professional services governed by the
Consultants' Competitive Negotiation Act ("CCNA"),
Section 287.055, ET.SEQ., Florida Statutes; and
12349
WHEREAS, the Act also provides that mandatory procedures be
used by the City in the retention of specified professional
services; and
WHEREAS, the City of Miami has recently established a
Capital Improvements Projects ("CIP") Department which will
supervise and spearhead various improvements situated on public
properties and streets within the City; and
WHEREAS, the City Commission wishes to facilitate and
expedite the selection of certain professional consultants by the
City Manager and delegate, subject to the terms and conditions
imposed herein or otherwise imposed by law, the award of certain
professional consultant contracts not exceeding a sum of $500,000
by the City Manager while providing assurance to the public that
all requirements, criteria, standards and procedures required by
CCNA and the Purchasing Ordinance; and
WHEREAS, by passage of this amendment the award of certain
professional services contracts subject to CCNA which are to be
employed in furtherance of the City's CIP Program can be
accomplished administratively by the City Manager and it is in
the public's interest that required CIP improvements be
effectuated as expeditiously as possible while still adhering to
all safeguards;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Page 2 of 9
12349
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Chapter 18, Article III, entitled "City Of
Miami Procurement Ordinance", is amended in the following
particulars: 1/
"Chapter 18
FINANCE
Article III. Purchasing and Contracts Generally
Sec. 18-87. Professional Services as defined in
Florida Statutes Section 287.055, as
amended from time to time; Award of
certain professional agreements not
exceeding $500,000 by the City Manager.
(a) In the Procurement of Professional Services
covered by the Consultant's Competitive
Negotiation Act, the provisions of Florida
Statutes 287.055, as amended, as supplemented by
applicable provisions of the Procurement
Ordinance, shall govern.
(b) The City Manager is authorized to promulgate and
implement administrative procedures not
inconsistent with Florida Statutes or the
Purchasing Ordinance.
Ji 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.
Page 3 of 9
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(c) Definitions. For purposes of this Section the
following words shall have the meanings ascribed
to them in the Consultant's Competitive
Negotiation Act, Section 287.055, Florida
Statutes, as amended:
(1) "Agency"
(2) "Firm"
(3) "Compensation"
(4) "Agency official"
(5) "Project"
(6) "Continuing Contract"
(7) "Design -Build Firm"
(8) "Design -Build Contract"
(9) "Design Criteria Package"
(10) "Design Criteria Professional"
(11) "Professional Services"
The following are additional definitions
not
defined in CCNA that may apply to projects under
this Section:
(12) "Value -analysis" means an organized approach
to optimizing both cost and performance in a
new or existing facility or eliminating items
that add cost without contributing to
required function.
(13) "Life -cycle costing" means that process
whereby all the expenses associated with the
operation, maintenance, repair, replacement,
and alteration costs of a facility are
i nr-1 iirlar7
(14) "Capital Improvements Program (CIP)" shall
mean the work and materials authorized for
construction, rehabilitation, restoration or
betterment of streets, avenues and other
public thoroughfares, public parks,
buildings, and/or other public properties,
and other municipal public improvements
included within the City's adopted Capital
Page 4 of 9 12 3 4 9
M
Improvement Program, as amended or modified
by the City Commission from time to time.
File of qualifications for CCNA Firms. In the
procurement of Professional Services covered by
CCNA, the Chief Procurement Officer may encourage
the firms engaged in the lawful practice of their
professions to submit a statement of
qualifications and performance data. This
information shall be held in the Purchasing
Division and shall become part of the basis for
selection of professional firms to serve the City.
The list of qualifications shall contain the type
of services provided by each firm, the staff
available, their areas of specific expertise, and
any forms then currently required by the City, the
County or the State. The City may request
supplemental information from any firm to be kept
on file.
(e) Public Announcement. The Chief Procurement
Officer shall publicly announce as required by the
Consultant's Competitive Negotiation Act, Section
287.055, Florida Statutes, as amended, each such
occasion when Professional Services are required.
The public announcement shall be made in a uniform
and consistent manner.
(f) Review of Qualifications. A Selection Committee
appointed by the City Manager shall review all
qualifications and submittals of those firms
responding to the public announcement for
professional services issued by the City. As
provided by CCNA, the firms desiring to provide
professional services must first be certified by
the City as fully qualified to provide the
required service. Among the factors to be
considered in making this finding are the
capabilities, adequacy of personnel, past record,
and experience of the firm.
Page 5 of 9 12349
(g)
Short List. The Selection Committee shall reduce
the number (short-list) at least three (3) firms
for further discussion. This requirement is not
applicable if fewer than three (3) firms deliver
submittals.
(h) The Committee shall conduct discussions with, and
may require public presentations by, no fewer than
three firms. The requirements for the discussion
or presentation will be the same for each firm
short-listed. The Committee shall select, in
order of preference, no less than three (3) firms
(unless fewer than three (3) firms deliver
submittals) determined to be the most highly
qualified to perform the required services. In
making such determinations the Committee shall
consider the factors set forth in CCNA, as
amended. Any applicable local preference awarded
pursuant to law shall not violate the principal of
selection of the most qualified firm.
(i) Ranking Reported. On completion of the Committee
Selection process the Committee shall report the
ranking order of the firms to the City Manager.
The City Manager shall immediately advise the
Mayor and City Commission in writing of the three
(3) or more firms selected and their ranking order
of preference. The City Clerk will be provided
with a copy of each report and memo referenced in
this Section.
Negotiations Proceed if No Concern is Expressed.
If no Commissioner or the Mayor individually
indicate a concern with the ranking of the
Selection Committee within five (5) working days
of the transmittal of the memo reporting the
ranking the City Manager will proceed with
negotiations.
(k) Procedure if a Concern is Expressed. If the Mayor
or a Commissioner have concerns which cannot be
resolved without impacting the order of the
ranking or selection, an item shall be placed
before the City Commission to approve the
Selection and Ranking or, alternatively, to refer
the item back to the Selection Committee.
Page 6 of 9
49
(1) Negotiations. The City Manager may, after five
(5) consecutive business days of notification of
the ranking to the Mayor and the City Commission
attempt to negotiate with the highest ranked firm
to perform services at compensation which is, in
the opinion of the City Manager, determined to be
fair and reasonable. Compensation include all
reimbursable expenses. If the City Manager is
unable to negotiate a satisfactory contract with
the firm obtaining the highest-ranking
negotiations with that highest -ranked firm shall
be terminated. The City Manager shall then
undertake negotiations with the second ranked
firm. If these negotiations also prove
unsatisfactory, negotiations will again be
terminated and the City Manager will negotiate, in
turn, with each firm in accordance with it's
ranking by the Committee, until an agreement is
reached, or the short list is exhausted. When a
short list is exhausted, a new solicitation shall
be initiated by the City, unless otherwise decided
by the City Commission.
(m) Award of Contract. Notwithstanding any other
provision of the Purchasing ordinance, at the
successful conclusion of negotiations the City
Manager may award and execute contracts for
professional services, as defined by CCNA, which
do not exceed $500,000 in total compensation. The
decision of the City Manager shall be final.
Compensation referenced herein shall include all
reimbursable expenses and contract values
associated with potential options for renewal.
All professional service contract awards of
$500,000, or more in total compensation under this
section shall be made by the City Commission,
whose decision shall be final.
Awards made by the City Manager or City
Commission, as applicable, shall include authority
for all subsequent options of renewal, if any.
(n) Report to City Commission. The City Manager shall
submit to the City Commission, on a bi-monthly
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.
Page 7 of 9
All contracts awarded under this section shall be
executed by the City Manager, approved as to
insurance requirements by the Risk Manager, and
approved as to legal form by the City Attorney.
(o) Delegation of Authority. Excepting the execution
of contracts, the City Manager may delegate his or
her duties under this section to the Chief
Procurement Officer or the administrative head of
the using agency.
Section 3. The City Clerk is directed to transmit a copy
of this Ordinance, upon adoption on second reading, to the
executive directors of all agencies, authorities, trusts, boards
or commissions of the City of Miami.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 5. If any section, part of 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 thirty
(30) days after final reading and adoption thereof.11
a/ This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten 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.
Page 8 of 9 12349
PASSED ON FIRST READING BY TITLE ONLY this 13th day of
February , 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of March , 2003.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APP
E-JRO VILARELLO
CI ATTORNEY
1369:RSR:db:AS:BSS
CORRECTNESS
Page 9 of 9
MA�qUEL A. DIAZ, MAYOR
49
Second Reading Ordinance 20
TO: The Honorable Mayor and DATE: FILE
Members o e Co is ion rEP
SUBJECT Increase in limits for
Professional Services
r�
FROM: REFERENCES:
4i1
e Arriolaty Manager ENCLOSURES:
Background:
In as much as the City is attempting to create a new approach as to how it handles its
Capital Improvements, it has become quite clear that certain established policies need to
be revised in order to streamline the "process" for the implementation of design and
construction.
The current purchasing ordinance has limitations on the City Manager's authority for
professional services in the amount of $50,000 and for construction services in the
amount of $100,000. Given the fact that the City is now trying to expeditiously
implement the $255 million Homeland Defense and Neighborhood Improvement Bond,
we are seeking innovative ways of simplifying and efficiently procuring design and
construction consultants and vendors. One of the methods of handling this issue is to
combine a number of projects and assigning the work to one "larger" consultant or
vendor, who is better equipped to handle work in the fashion that the City expects. As a
result, it is expected that many of these contracts will exceed the current limitations in the
City's purchasing ordinance as outlined above. In order to streamline the process, it is
respectfully requested that the current limits as outlined in Chapter 18, Article III,
specifically section 18-87 entitled "Professional Services" be revised.
Recommendation:
It is respectively being requested that the current limits as outlined in Chapter 18, Article
III, specifically section 18-87 entitled "Professional Services" be revised. The specific
revision being requested is the increase in the City Manager's authority to award certain
professional contracts, subject to applicable requirements, under the Consultant's
Competitive Negotiation Act which do not exceed $500,000 in value.
Budretar,.y Imuact
None
CAG Wgds
12349
•(I[ OF
n �G�
�► �� s
Budgetary Impact Analysis
1. Department of Capital Improvements Division
2. Agenda Item # (if available)
3. Title and brief description of legislation or attach ordinancetresolution:
Resolution reauestina that the City Manager's authority be increased in the approval of
professional services to $60.000 and in construction to $100,000, in order to expedite the
implementation of the Homeland Defense and Neighborhood Improvement Bonds
4. Is this item related to revenue? NO: x YES (If yes, skip to item #7.)
A particular line item is not identified in this resolution, this will serve as a
v. blanket to both Professional Service Agreements and Construction
Agreements.
Are there sufficient funds in Line Item?
Index Code Minor Obj. Code Amount
_ Complete the following questions.
6 . Source of funds: Amount budgeted in the Line Item $
Balance in Line Item $
Amount needed in the Line Item $
Sufficient funds will be transferred from the following lint- itt-n,c-
ACTION ACCOUNT NUMBER ACCOUNT NAME
TOTAL
Indea/Minor Object/Project No.
Transfer done by.-
y:Department
From
$
From
Director/Designee
From
$
To A
$
7. Any additional comments?
Date
FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY
VeriAed by:
Verified by:
Transfer done by.-
y:Department
Departmentof Management and Budget
Budget Analyst
Budget Analyst
Director/Designee
Date
Date
Date
12349