HomeMy WebLinkAboutO-12271J-01-925
8/22/02
ORDINANCE NO. 12271
AN ORDINANCE OF THE MIAMI CITY COMMISSION
REPEALING ARTICLE III OF CHAPTER 18, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "FINANCE, PURCHASING AND
CONTRACTS GENERALLY" IN ITS ENTIRETY AND
SUBSTITUTING IN LIEU THEREOF NEW ARTICLE III
SETTING FORTH PROVISIONS FOR THE ACCEPTANCE
OF DONATIONS, PROCUREMENT OF GOODS AND
SERVICES INCLUDING PERSONS RETAINED AS
EXPERT CONSULTANTS, AND OPTING OUT OF
MIAMI-DADE COUNTY REQUIREMENTS RELATED TO
THE CONE OF SILENCE; AMENDING ARTICLE V OF
CHAPTER 18 ENTITLED "SALE OR LEASE OF CITY'S
REAL PROPERTY" TO INCLUDE PROVISIONS FOR THE
LEASE OF REAL PROPERTY INCLUDING UNIFIED
DEVELOPMENT PROJECTS, THE CONE OF SILENCE
AND PROTESTS; MORE PARTICULARLY BY ADDING
NEW SECTIONS 18-71 TO 18-114, 18-176.1 TO
18-176.3, AND AMENDING SECTION 18-180 OF
SAID CODE; CONTAINING A REPEALER PROVISION,
A SAVINGS CLAUSE, AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN .IMMEDIATE EFFECTIVE
DATE.
WHEREAS, pursuant to Resolution No. 01-843, a charter
amendment was presented to the electorate on November 6, 2001,
in part, for authority to convert to ordinances the
establishment of bid limits for the procurement of goods and
services and public works, including public improvements; and
1227.
WHEREAS, the charter amendment was approved by the
electorate and became effective immediately upon certification
and the City Clerk's declaration of the results of said
election; and
WHEREAS, the established thresholds of $4,500 for
acquisition of goods and services and of $10,000 for public
works projects are out of proportion as they relate to the costs
for the acquisition of goods and services relevant to today's
economy; and .
WHEREAS, to carry on the functions and duties of municipal
affairs and provide for efficient procurement procedures and to
relieve the number of items that are considered by the City
Commission at each City Commission meeting, it is the City
Manager's recommendation to establish thresholds for competitive
sealed bidding and to authorize the City' Manager to approve
purchases of goods and services and to enter into Contracts; and
WHEREAS, Section 2-11.1(t) of the Code of Miami -Dade
County, Florida, as amended, contains the Cone of Silence
Ordinances which, pursuant to Section 2-11.1(a), Miami -Dade
County Code, are applicable to all municipal officials, officers
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and employees of municipalities located within Miami -Dade
County; and
WHEREAS, the Board of County Commissioners of Miami -Dade
County adopted Ordinance No. 01-149, providing that the
provisions of Section 2-11.1(t) of the Miami -Dade County Code
shall not apply to any municipality in Miami -Dade County that
has adopted an ordinance to opt out of said provisions; and
WHEREAS, the City Commission of the City of Miami has
determined it to be in the best interest of the City to exercise
the right to "opt -out" of the Miami -Dade County Cone of Silence
Ordinances; and
WHEREAS, the City Commission has determined that inclusion
of certain procedures to protect and preserve the integrity of
the procurement process would serve the best interests of the
City and its residents;
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 by reference and
incorporated as if fully set forth in this Section.
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Section 2. Chapter 18/Article III, consisting of
Sections 18-71 through 18/107, of the Code of the City of Miami,
Florida, as amended, is repealed in its entirety and new
Article III is substituted in the following particulars: 1/
"CHAPTER 18
FINANCE
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-71. The purpose of this article is to
prescribe the .manner in which the city shall control
the Purchase of materials, supplies, equipment and
services of the city, and to maintain a high ethical
standard for all officers and employees of the city in
connection therewith; to place city's purchasing
function in a centralized system in which the city
will be able to establish policies and procedures
governing all Purchases and Contracts; to provide for
the fair and equitable treatment of all persons doing
business with the city; to maximize the purchasing
value of public funds in procurement and to provide
safeguards for maintaining a procurement system of
quality and integrity.
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. The Mayor, the City Commissioners, the City
Manager, the City Clerk, all city departments and
offices, the Bayfront Park Management Trust, the
International Trade Board, the Coconut Grove Parking
1� 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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140
Advisory Committee, the Community Relations Board, the
Arts and Entertainment Council, and the Virginia Key
Beach Trust.
2. The Downtown Development Authority, the
Department of Off -Street Parking, the Model City
Homeowners Trust, the Civilian Investigative Panel,
and the Miami Sports and Exhibition Authority (each
referred to herein as the "Board"); provided, however,
that:
(a) with respect to each Board, the following
terms shall have the meanings ascribed to them in this
section:
(i) "City" shall mean the Board.
(ii) "City Manager" shall mean the Executive
Director of the Board.
(iii)"Chief Procurement Officer" shall mean the
Executive Director of the Board or his or
her designee.
(iv) "City Commission" shall mean the board of
directors of the Board.
(b) The Cone of Silence shall not apply.
B. Exclusions: This Article shall not apply to:
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; expert
witnesses; legal services, abstracts of titles for
real property; title insurance for real property;
water, sewer, and electrical utility 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. Real property.
3. Goods purchased with petty cash in
accordance with established City procedures.
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4. Items purchased for resale to the general
public.
5. Purchase of groceries.
6. Artistic services or 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.
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 herein.
Sec. 18-73. DEFINITIONS.
Definitions. For the purposes of this
Article III, the following terms shall have the
meanings ascribed'to them in this section:
Addendum means an addition or supplement to a
document: for example, items or information added to 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
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1227.
t
describing organization, procedure, or practice
requirements.
Amendment means a modification, deletion, or
addition to an executed agreement.
Bid means a formal written price offered by a
Business to the City to furnish specific Goods,
equipment and/or Contractual or public works or
improvements in response to an Invitation for Bids.
Bid Award means award of a Bid for which funds
have lawfully been appropriated . by the City
Commission.
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 (1) 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 of Miami.
Contract means (a) a legally binding promise
enforceable by law; a written agreement between two or
more competent parties to perform or not perform a
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227
C:
specific act or
the procurement
public works or
Contractual
enters into a
Goods, equipment
acts, (b) all
or disposal
improvements.
Party means
Contract with
or services to
•
types of agreements for
of Goods, services or
person or entity that
the city, or supplies
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 (a) Procurement
conducted on behalf of two or more public entities;
(b) 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.
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 mean any tangible personal property other
than services or real property.
Invitation for Bids (IFB) 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
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Contractual Services. The IFB 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 which conducts all
or a portion of its operations from a permanent
structure that is located within the corporate limits
of the City of Miami, and has operated legally
pursuant to all applicable zoning and licensing laws
for a minimum of 'six months prior to the date Bids or
Proposals were received for the Purchase or Contract
at issue. A Post Office Box shall not be sufficient to
constitute a Local Office within the City of Miami. 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 one year, have been in
effect for no less than six months prior to date Bid
or Proposal was received, and be available for review
and approval by the Chief Procurement Officer or its
Designee.
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.
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
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12271
persons shall not exceed $125,000 i -n 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 Section
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, or Request for
Letters of Interest or Request for Qualifications.
Public Notice unless otherwise specified herein,
shall mean, publication in a newspaper of general
circulation in the city within a reasonable time.
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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/respondents 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 respondents.
Request or Invitation for Quotation , means a
competitive solicitation for an Informal Bid price for
supplies or services that is conveyed by form, letter,
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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 Proposal, 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. [Florida State Statutes Chapter
668, Part I Electronic Signatures, as amended]
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 or
Request or 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
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6 db
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 department, office,
commission, Trust, Board or committee which requests
and uses Goods, equipment and/or services procured
pursuant to this Article.
Sec. 18-74. Cone Of Silence.
(1) The requirements of Section 2-11.1(t) ("Cone
of Silence Ordinances") of the Code of Miami -Dade
County, Florida, as amended, shall not be applicable
to the City of Miami.
(2) Cone of Silence. The Cone of Silence
shall be applicable only to Contracts for the
provision of Goods and services. and public works or
improvements for amounts greater than $200,000;
provided, however, that the Cone of Silence shall not
be applicable to the City Attorney's Office nor to the
Office of the Independent Auditor General.
(3) "Cone of Silence" is defined to mean a
prohibition on:
(a) any communication regarding a particular
Request for Proposals ("RFP"), Request for
Qualifications ("RFQ"), Request for Letters of
Interest ("RFLI"), Invitation for Bids ("IFB") or any
other advertised solicitation between a potential
Proposer, Offeror, Respondent, Bidder, lobbyist, or
consultant and the City's professional staff
including, but not limited to, the City Manager and
his or her staff;
(b) any communication regarding a particular
RFP, RFQ, RFLI, IFB or any other advertised
solicitation between the Mayor, City Commissioners or
their respective staffs and any member of the City's
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professional staff including, but not limited to, the
City Manager and his or her staff;
(c) any communication regarding a particular
RFP, RFQ, RFLI, IFB or any other advertised
solicitation between a potential Proposer, Offeror,
Respondent, Bidder, lobbyist, or consultant and any
member of the selection/evaluation committee therefor;
(d) any communication regarding a particular
RFP, RFQ, RFLI, IFB or any other advertised
solicitation between the Mayor, City Commissioners or
their respective staffs and any member of the
selection/evaluation committee therefor; and
(e) any communication regarding a particular
RFP, RFQ, RFLI, IFB or any other advertised
solicitation between a potential Proposer, Offeror,
Respondent, Bidder, lobbyist, or consultant and the
Mayor, City Commissioners, and their respective
staffs; and
(f) any communication regarding a particular
RFP, RFQ, RFLI, IFB or any other advertised
solicitation between any member of the ' City's
professional staff, including but not limited to the
City Manager and his or her staff, and any member of
the selection/ evaluation committee therefor. The City
Manager and the Chairperson of the
selection/ evaluation committee may communicate about a
particular selection/evaluation committee's
recommendation but only after the committee has
submitted its written recommendation to the City
Manager and provided that should any change occur in
the committee recommendation, the content of the
communication and of the corresponding change shall be
described in writing and filed by the City Manager
with the City Clerk and be included in any
recommendation memorandum submitted by the City
Manager to the City Commission.
Notwithstanding the foregoing, the Cone of
Silence shall not apply to:
(a) competitive processes for the award of CDBG,
HOME, SHIP, HOPWA, and ESG (emergency shelter grants),
Funds issued and administered by the City of Miami
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12271
Department of Community Development, and Law
Enforcement Trust Fund (LETF) grants administered by
the City of Miami Police Department;
(b) communications between a potential
Proposer, Offeror, Respondent, Bidder, consultant or
lobbyist and City purchasing staff regarding
minority/women business and local vendor outreach
programs;
(c) duly noticed pre-bid/proposal conferences
and site inspections;
(d) duly noticed site visits to determine the
competency of Bidders/ Proposers regarding a particular
solicitation during the time period between the
opening of Bids/receipt of Proposals and the time the
City Manager makes his or her written recommendation
to the City Commission;
(e) Emergency Procurements;
(f) communications with the City Attorney and
his or her staff;
(g) communications regarding a particular RFP,
RFQ, RFLI, IFB or any other advertised solicitation
between a potential Proposer, Offeror, Respondent,
Bidder, lobbyist or consultant and the Chief
Procurement Officer, its staff, or any city purchasing
agent, or its staff, responsible for administering the
procurement process for such solicitation, prior to
bid opening date or receipt of Proposals, provided the
communication is limited strictly to matters of
process or procedure already contained in the
corresponding solicitation;
(h) communications regarding a particular RFP,
RFQ, RFLI, IFB or any other advertised solicitation
between the Chief Procurement Officer, its staff, or
any city purchasing agent, or its staff responsible
for administering the procurement process for such
solicitation and a member of the corresponding
selection/evaluation committee, provided the
communication is limited strictly to matters of
process or procedure already contained in the
corresponding solicitation,-
Page
olicitation;
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(i) Sole Source Procurements;
(j) Bid waivers;
(k) oral presentations before
selection/evaluation committees and communications
occurring during duly noticed meetings of
selection/evaluation committees;
(1) competitive negotiations;
(m) public presentations made to the City
Commission and communications occurring during any
duly noticed public meeting;
(n) communications in writing or by e-mail at
any time with any City employee, official, Mayor, or
member of the City Commission unless specifically
prohibited by the applicable RFP, RFQ, RFLI, IFB or
other advertised solicitation. The City shall file a
copy of any written communications with the City
Clerk;
(o) communications in connection with the
collection of industry comments or the performance of
market research regarding a particular RFP, RFQ,
RFLI, IFB or any other advertised solicitation by the
Chief Procurement Officer or its staff;
(p) Contract negotiations.
(q) On -Line Procurements pursuant to Section 18-
114.
(r) The Downtown Development Authority, the
Department of Off -Street Parking, the Model City
Homeowners Trust, the Civilian Investigative Panel,
and the Miami Sports and Exhibition Authority.
(4) Procedure.
(a) Imposition.
A Cone of Silence shall be imposed upon each RFP,
RFQ, RFLI, IFB or any other advertised solicitation
when the solicitation is advertised in a newspaper of
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general circulation. At the time of imposition of the
Cone of Silence, the City Manager or his or her
Designee shall provide for Public Notice of the Cone
of Silence. The City Manager or his or her Designee
shall issue a notice thereof to the affected
department (s) the City Clerk, each Commissioner and
to the Mayor and shall include in any advertised
solicitation a statement disclosing that the
solicitation is subject to the Cone of Silence.
(b) Termination. Except as otherwise provided
herein, the Cone of Silence shall terminate at the
time the City Manager's approval of the award or the
City Manager's written recommendation to the City
Commission, as may be applicable, is received by the
City Clerk, or at such time that Bids or Proposals are
rejected by the City Commission or the City Manager;
provided, however, that if the City Commission refers
the recommendation back to the City Manager for
further review, the Cone of Silence shall be reimposed
until such time as the City Manager's subsequent
written recommendation is received by the City Clerk.
(5) Penalties.. Violation of the Cone of Silence
by a particular bidder or proposer shall render the
award to said Bidder or Proposer voidable by the City
Commission. Any person who violates a provision of
this ordinance shall be prohibited from serving on a
City competitive selection/evaluation committee unless
such appointment is approved by a 4/5 vote of the -City
Commission. A violation of this section by a
particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject said Bidder,
Proposer, Offeror, Respondent, lobbyist or consultant
to potential debarment pursuant to the City of Miami
Code.
In addition to any other penalty provided by law,
violation of any provision of this ordinance by a City
employee shall subject said employee to disciplinary
action up to and including dismissal.
Sec. 18-75. ORGANIZATION
A. PURCHASING DEPARTMENT
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The Purchasing Department is the centralized
organization for all Procurement and contracting for
Goods, material, equipment, Contractual Services,
Professional and Personal Services and consultant
services, public works or improvements and/or
combination of Goods and services; for performance of
the city's purchasing functions, and for
implementation of the provisions of this Article. The
Chief Procurement Officer shall be the director of
this department.
Sec. 18-76. Chief Procurement Officer.
The City Manager shall appoint a Chief
Procurement Officer who shall have authority over
implementation of policies, procedures, regulations
and forms governing city contracting methods and
procedures; types of Contracts; qualifications and
duties; inspections and audits; disputes and remedies;
ethics; and public access and information as set forth
in this Article III.
Sec. 18-76.1. Duties of. the Chief Procurement
Officer.
Subject to the provisions of this Article, the
Chief Procurement Officer shall:
(1) Administer the central purchasing and
contracting system for the City;
(2) Procure or supervise the Procurement of all
Goods and services as needed by the City in the manner
provided by this Article.
(3) Provide for the establishment/promulgation
of Administrative Policies and Procedures of
Purchasing, and its Operations Manual, which shall be
reviewed by the City Manager and amended from time to
time;
(4) Take all necessary action to further the
objectives of the City with regard to the promotion and
encouragement of minority and women business
participation in the procurement process;
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(5) Be responsible for the provisions of the
Anti -Deficiency Act contained in this Article III;
(6) Determine the method of selection for each
type of Procurement;
(7) Standardize, to the extent possible,
Contract clauses, terms and conditions, and documents;
(8) Maintain a current list of possible sources
of supply for all Goods and services purchased by the
City;
(9) Have the authority to delegate any or all
duties to individual purchasing agents assigned to
city departments or offices, subject to the approval
of the City Manager.
(10) Have the authority to approve the use of a
competitive Contract for the Purchase of necessary
Goods or services which has been secured by. or on
behalf of any federal, state, county, or municipal
government, or by any other governmental entity or by
any not for-profit organization or state -funded
institution.
(11) With such submissions as may be required
from individual purchasing agents, departments, and
offices, keep such records as will adequately reflect
leases, Specifications, Invitations for Bids, Requests
for Proposals, Requests for Quotations, Requests for
Qualifications, Requests for Letters of Interest,
Bids, Quotations, Proposals received, actions taken,
final dispositions, and the Purchase of Goods and
services and disposal of all supplies, materials,
equipment.
(12) Submit an annual report on the operation of
the city's procurement system to the City Manager,
together with recommendations for its improvement.
(13) Sell, trade, exchange, transfer, or
otherwise dispose of surplus City -owned personal
property;
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(14) Perform such other duties as may be provided
for in other sections of this Chapter 18, or as
directed by the City Manager, or its Designee.
Sec. 18-77. Authority of the Chief Procurement
Officer.
All rights, powers, duties, and authority
relating to the Procurement and contracting of Goods
and/or services for the City, including the authority:
(a) to approve all Purchases and awards up to
$25,000;
(b) to certify for compliance with applicable
procurement methods all Purchases and awards not in
excess of $50,000 for Goods and services, and not in
excess of $100,000 for Contracts for public works and
improvements, except as otherwise provided in this
Article; and
(c) to issue those Purchase Orders and Change
Orders for the Purchase of Goods and services governed
by this Article, provided they are in conformance with
the law and.all applicable rules and regulations.
The City Manager retains sole authority to
execute Contracts and. Agreements except for Purchase
Orders and Change Orders.
Sec. 18.78. Delegation of authority by the Chief
Procurement Officer to other city purchasing agents.
The Chief Procurement Officer may delegate the
following duties to City purchasing agents, including
those in the Purchasing Department and those assigned
to other departments or offices, which duties shall be
performed under the general supervision of and subject
to the policies, procedures, regulations and forms
issued by the Chief Procurement Officer.
Sec. 18-79. General duties of city purchasing
agents.
(1) To administer the procurement process for
certain Procurements as authorized by the applicable
Administrative Policies and Procedures of Purchasing.
Page 20 of 61 1227 1
(2) To draft or cause to be drafted Invitations
for Bids, Requests for Proposals, and other
solicitations as may be permitted by law, and to
prepare Specifications or Scope of Work for same.
(3) To forecast departmental purchase
requirements for future periods and to buy in
quantities which are most economical for the city.
(4) To investigate new products and new sources
of supply and to maintain, update and promulgate lists
of qualified bidders and sources of Professional
Services.
(5) To stimulate maximum competition among
qualified suppliers of Goods and services for the
city's business.
(6) To provide for the inspection and testing of
Goods delivered in order to determine quantity,
quality and adherence to provisions of Invitations for
Bids, Requests for Proposals, and related
Specifications.
(7) To make transfers of supplies, materials and
equipment which are not needed by a department or
office to another department or office which may need
them.
(8) To submit recommendations to the Chief
Procurement Officer concerning the operation of the
city's procurement system.
(9) To take any other action consistent with
existing law and with this article to make certain
that city Purchases, sales and leases are made on the
basis of free and open competition, as prescribed in
this article.
(10) To perform any other duty not inconsistent
with existing law or this Article.
Sec. 18-80. Responsibilities of the Chief
Procurement Officer relating to the Anti -Deficiency
Act.
Page 21 of 61
The Chief Procurement Officer shall be
responsible for the provisions relating to the Anti -
Deficiency Act, set forth in sections 18-500 through
18-503, as follows:
(1) Requisitions. Assuring that all
requisitions received have been properly authorized.
(2) Purchase Orders. Assuring that the
Purchase Order is issued for an amount not to exceed
the amount set forth in the requisition, a resolution
adopted by the city commission and any other legal
authorization.
(3) City-wide Contracts. Assuring that
Purchase Orders authorized by a city-wide Contract do
not exceed the amount authorized by the city
commission and any other legal authorization.
Sec. 18-81. Estimates of requirements.
All departments or offices of the city shall file
with the Chief Procurement Officer detailed estimates
of all their requirements for supplies, materials,
equipment and Contractual Services in such a manner,
at such times, and for such future periods as the City
Manager may prescribe; provided that the length of the
periods shall not be less than three months. The
requirement for preparing such estimates shall in no
way prevent any using department or office from filing
with the Chief Procurement Officer, at any time, a
requisition for any supplies, materials, equipment or
Contractual Services, the need for which was not
foreseen when the detailed estimates were filed.
Sec. 18-82. Disposal of. Surplus city -owned personal
property.
(a) When a Surplus of City -owned personal
property exists, the Chief Procurement Officer may
transfer it to any other department or office which
has need for it. The Chief Procurement Officer shall
also have power to sell all such supplies, materials
and equipment which have become unsuitable for city
use or to exchange for or trade in the same for new
supplies, materials and equipment. When such surplus
supplies, material and -equipment have a limited use
Page 22 of 61 12 71
other than by the city, the city commission may
classify the same as category "A" or category "B"
stock. . Category "A" stock shall be available for
disposition as the city's contribution or the city's
commitment in support of a particular public purpose
which may include those community civic or social
service programs as may be authorized by the city
commission. Category "B" stock shall be that stock of
surplus supplies, material and equipment which is
available for disposition pursuant to the terms and
provisions of subsection (b) hereof; namely, sale to
sister cities or municipalities of friendly foreign
countries. Not for profit organizations which provide
a public purpose shall be offered first consideration
as recipients for the disposition of category "A" and
"B" surplus stock. Except for category "A" stock or
category "B" stock and except in those cases in which
the Chief Procurement Officer determines that it is
not practical to do so, any department or office that
provides surplus stock for any such transfer, sale,
exchange. or trade-in shall receive credit therefor,
based on the fair market value of such surplus; and
any department or office receiving such surplus stock
shall receive corresponding debit therefor, such
credit and debit to be charged to the respective
budgets of the departments or offices involved.
(b) Notwithstanding the above provisions, when a
foreign city enjoying a current, formally designated
status as a "sister city," in accordance with the
terms of Resolution No. 78-5, dated January 11, 1978,
or a municipality of a friendly foreign country
desires to Purchase personal property owned by the
city, including vehicles and equipment which are no
longer needed for public use or which have become
unsuitable for further use by the city, and where said
property has been categorized as category "B" stock,
such sale may be negotiated in accordance with the
following procedure and criteria:
(1) All equipment proposed for sale to sister
cities or municipalities of friendly foreign countries
must be declared surplus, following then -existing
administrative procedures. All such equipment must be
offered to sister cities for a period of 30 days
before being offered for sale to such municipalities.
Note: "Friendly foreign countries" means those
Page 23 of 61
countries against which there are no trade embargoes
or travel prohibitions imposed by the executive branch
of the U.S. government.
(2) The prices negotiated for such sale must be
equal to or greater than the prices which would be
reasonably anticipated from the sale of such surplus
equipment through public auction. This condition may
apply to the total sale of a number of pieces of
equipment rather than individual piece prices for the
aggregate return on a given sale in determining
whether the negotiated price is equal to or greater
than could be expected at a public auction.
(3) The negotiated unit price shall not include
any transportation or shipping costs; these costs will
be borne by the sister city or the municipality
purchasing said equipment.
Sec. 18-83. Availability of funds.
Except in cases of emergency, the Chief
Procurement Officer, City Manager or purchasing agents
shall not issue any order for delivery on a Contract
or any open -market order unless and until availability
of funds have been verified that there is to the
credit of the using department or office a sufficient
unencumbered appropriation balance, in excess of all
unpaid obligations, to defray the cost of such
supplies, materials, equipment or Contractual
Services.
Sec. 18-84. Methods of Source Selection.
All Purchases of Goods, including but not limited
to supplies, materials, equipment, printed materials
and all Purchases of services, including but not
limited to personal, professional, management,
technical, Contractual and general services needed by
the city, but not including legal services, may be
obtained by Contract or through city labor and
materials and shall be exclusively made in the manner
set forth in this Article.
Any agreement for Purchase entered into in any
manner inconsistent with the procedures stated in this
article by any person shall be voidable by the city.
Page 24 of 61 - 122711
Sec. 18-85. Competitive sealed bidding.
(a) Condition"s for use. Competitive sealed
bidding shall be used for the award of all Contracts
for Goods, equipment and services over $25,000, 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, that if the amount of a Bid
submitted by a bidder who maintains a Local Office is
not more than ten percent (10%) in excess of the
lowest other Responsive and Responsible Bidder, such
local bidder may be offered the opportunity of
accepting the Contract at the low Bid amount.
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
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 of Florida or to any political
subdivision or agency thereof.
(b) Invitation for Bids. 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 address
of the office to which Bids are to be delivered, 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;
Page 25 of 61 ._ -12 271
(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;
(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
conferences 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 at least once in a newspaper of general
circulation in the city a reasonable time prior to bid
opening; but in any event at least 15 calendar days
shall intervene between the last date of publication
and the final date for submitting Bids. 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
Page 26 of 61 12271
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
sealed to the City Clerk and shall be opened publicly
by the City Clerk or Designee in the presence of one
or more witnesses at the time and place stated in the
Public Notice and in the Invitation for Bids. 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; the record and each
Bid shall be open to public inspection.
(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, workmanship, 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 Bids. The results of the evaluation and
tabulation of Bid prices shall be transmitted by the
Chief Procurement Officer to the City Manager.
(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
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
Page 27 of 61 --
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 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 thebest
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
sealed proposals.
(A) Conditions for use.
negotiations/competitive
(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
Page 28 of 61 12271
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.
(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 Section 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.
Page 29 of 61 12271
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(d) Maintenance agreements to support
proprietary software applications.
(B)Competitive negotiations method.
Where the Contract does not exceed $50,000, at
least three (3) 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 a monthly basis a list of
Contracts awarded by the City Manager.
(C)Competitive sealed proposal method.
Where the Contract exceeds $50,000, the city may
utilize the following competitive sealed proposal
method:
(1) Request for Proposals or Request for Letters
of Interest or Request for Qualifications 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.
(2) Mailing Lists. Lists of prospective
Proposers/Respondents may be compiled pursuant to Sec.
18-85 (Competitive sealed bidding).
(3) Public Notice. Adequate Public Notice in a
newspaper of general circulation 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 prospective proposers to become
Page 30 of 61
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 must
be received by the City Clerk 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 City Clerk or its Designee,
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:
(i) 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;
Page 31 of 61 .12271
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(ii) reject the evaluation committee's
recommendation and instruct the evaluation committee
to re-evaluate and make further recommendations;
(iii) reject all Proposals; or
(iv) recommend that the City Commission reject
all Proposals.
(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.
a) After reviewing the City Manager's
recommendation, the City Commission may:
(i) approve the City Manager's recommendation and
authorize Contract negotiations;
(ii) reject all Proposals;
(iii)reject all Proposals and instruct the City
Manager -to reissue a solicitation; or
(iv) 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 exercisable
at the option of the City Manager if, after review of
past performance under the Contract, the City Manager
Page 32 of 61 12271
C�
of
determines in his/her sole discretion that exercise of
the option of renewal is in the best interest of the
city.
Sec. 18-87. Professional Services as defined in
Florida Statutes Section 287.055, as amended from time
to time.
In the Procurement of Professional Services
covered by the Consultants' Competitive Negotiation
Act, the provisions of Florida Statutes 287.055, as
amended, shall govern.
The City Manager is authorized to promulgate and
implement administrative procedures not inconsistent
with Florida Statutes.
Sec. 18-88. Small purchases.
(a) Conditions for use. All Purchases of Goods,
supplies, equipment, and services, the estimated cost
of which does not exceed $25,000 may be made using the
simplified small -purchase procedures prescribed in
this section, except as otherwise provided in this
Article.
(b) Division of requirements. Procurement
requirements shall not be artificially divided so as
to permit use of small -purchase procedures described
in this section instead of the methods otherwise
applicable.
(c) Soliciting Quotations.
Goods, Supplies, equipment and Contractual services
1. Small purchases more than $10,000. Insofar
as it is Practicable, as determined by the Chief
Procurement Officer, for small purchases of more than
$10,000, at least five Quotations shall be sought.
Award shall be made on the basis of competitive
bidding, except as otherwise provided in this Article.
The names of the Offerors submitting written,
Electronic or facsimile Quotations, and the date and
amount of each Quotation, shall be recorded and
maintained as a public record.
Page 33 of 61 1 22 7
2 . Small purchases up to $10,000. Insofar
as it is Practicable, as determined by the Chief
Procurement Officer, for small purchases of up to
$10,000, at least three Quotations shall be sought
except as otherwise provided in this Article. Award
shall be made on the basis of competitive bidding.
The names of Offerors submitting written, Electronic
or facsimile Quotations and the date and amount of
each Quotation, shall be recorded and maintained as a
public record.
3. Small purchases up to $5,000. The Chief
Procurement Officer shall adopt operational procedures
for making small purchases up to $5,000. Such
procedures shall provide for obtaining adequate and
reasonable competition for the Goods and services
being purchased insofar as it is Practicable and shall
require the maintenance of adequate written records to
document the purchasing decision. Such records shall
be open to public inspection.
(d) Award.
(1) Goods, supplies, equipment and Contractual
Services.
Small purchases up to $25,000 shall be approved
by the Chief Procurement Officer on the basis of
competitive bidding methods. However, if the amount
of the' Quotation submitted by an Offeror with a
Local Office is not more than ten percent (10%) in
excess of the lowest other Responsive and Responsible
Offeror, such Offeror may be offered the opportunity
of accepting the Contract at the lowest Informal Bid
amount. The Chief Procurement Officer shall have the
authority to reject any or all Informal Bids.
(2) Professional and Personal Services
Except for the performance of legal services,
whenever the total cost for a Contract for
Professional or Personal Services is $25,000 or less,
one (1) written Proposal shall be sought and the award
shall be made by the Chief Procurement Officer on the
basis of competitive negotiations.
Page 34 of 61 12271
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Sec. 18-89. Contracts for public works or
improvements.
(1) Any public work or improvement may be
executed either by Contract or by the city labor
force, as may be determined by the City Commission.
There shall be a separate accounting as to each work
or improvement. Before authorizing the execution by
the city labor force of any work or improvement or
phase thereof, the City Manager shall submit to the
City Commission.a description of the anticipated Scope
of Work and related cost estimates.
(2) All Contracts for public works or
improvements in excess of $25,000 shall be awarded to
the lowest Responsive and Responsible Bidder after
Public Notice on the basis of competitive sealed
bidding methods, as provided herein or as provided in
applicable Florida Statutes, whichever is determined
to be in the best interest of the City; provided,
however that if, on the basis of the- competitive
sealed bidding methods, the amount of the Bid
submitted by a bidder with a Local Office is not more
than ten (10) percent in excess of the lowest other
Responsive and Responsible Bidder, such local bidder
may be offered the opportunity of accepting the
Contract at the low Bid amount.
Notwithstanding the foregoing, the City Manager
may waive competitive sealed procurement methods by
making a written finding, supported by reasons, that a
valid emergency exists or that there is only one
reasonable source of supply, which finding must be
ratified by an affirmative vote of four/fifths of the
City Commission after a properly advertised public
hearing. When competitive sealed procurement methods
are waived, other procurement methods as may be
prescribed by ordinance shall be followed, except for
the Cone of Silence provisions.
(3) Public Notice shall be in accordance with the
applicable Florida Statutes.
(4) Award
Page 35 of 61 1 12271
(a) All Contracts for public works or
improvements which do not exceed $25,000 shall be
awarded on the basis of competitive negotiations.
(b) All Contracts for public works or
improvements in excess of $25,000 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 procurement methods or in
accordance with applicable Florida Statutes.
(c) All Contracts in excess of $100,000 must be
approved by the City Commission upon recommendation by
the City Manager. The derision of the City Commission
shall be final.
(d) The City Commission or the City Manager
shall have the authority to reject any or -all Bids or
portions of Bids, and re -bid or elect not to proceed
with the project.
(e) When it becomes necessary in the opinion of
the City Manager to make alterations or modifications
in a Contract for any public work or improvement which
increases the Contract to a total amount in excess of
$100,000, such alterations or modifications. shall be
made only when authorized by the City Commission upon
the written recommendation of the City Manager. No
such alteration shall be valid unless the price to be
paid for the work or material, or both, under the
altered or modified Contract shall have been agreed
upon in writing and signed by the Contractual Party
and the City Manager prior to such authorization by
the City Commission.
(g) Copies of the City Manager's award shall be
delivered to the director of the department of public
works and to the Chief Procurement Officer.
(g) The City Manager shall submit to the City
Commission on a monthly basis a list of Contracts for
public works or improvements awarded by the City
Manager.
Page 36 of 61
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Sec. 18-90. Emergency Procurements.
C�
In case of emergency, it is not advantageous or
Practicable for the city to use competitive bidding
methods. Therefore, the City may purchase directly
those Goods or services whose immediate Procurement is
essential to the life, health, welfare, safety or
convenience of the city. Such Emergency Procurements
shall nevertheless be made with such competition as
may be Practicable under the circumstances.
(a) In seeking a waiver of competitive bidding
methods for emergency procurements that do not exceed
$25,000, the head of the using department or office
shall submit to the Chief Procurement Officer in
writing a full explanation of the circumstances of the
emergency and the reasons for selection of a
particular firm, along with a list of others which may
have been solicited, with an approved requisition by
the Director of the requesting department.
(b) In seeking the waiver of competitive sealed
bidding methods for Emergency Procurements exceeding
$25,000, the head of the using department or office
shall submit to the Chief Procurement Officer and the
City Manager in writing a full explanation. of the
circumstances of the emergency and the reasons for
selection of a particular firm, along with a list of
others which may have been solicited, and
certification of fund availability from the director
of the department of management and budget. The City
Manager may then waive competitive sealed bidding
requirements after making a written finding, supported
by reasons, that an emergency exists. Such finding
must be ratified by an affirmative four-fifths vote of
the city commission at the next available city
commission meeting.
(c) Notwithstanding anything to the contrary
contained in this Code, the City Manager may direct
the Chief Procurement Officer to Purchase directly
those Goods and/or services required by the Urban
Search and Rescue Task Force when activated to perform
its obligations- under the existing provisions of the
memorandum of understanding with the state and/or 'the
Federal Emergency Management Agency (FEMA). Such
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Emergency Procurements shall nevertheless be made with
such competition as may be practicable under the
circumstances. If necessary, the City Manager may
waive competitive sealed bidding methods for such
Emergency Procurements, after making a written
finding, supported by documentation that the Urban
Search and Rescue Task Force has been officially
activated. Such finding and waiver must be ratified
by an affirmative four-fifths vote of the City
Commission at the next regularly available City
Commission meeting for Contracts exceeding $25,000.
All emergency awards shall be filed and
maintained by the Purchasing Department as a permanent
and public record of the Purchase.
Sec. 18-91. Cancellations.
The city shall have the right to cancel all
Invitations for Bids, Requests for Proposals, Request
for Quotations, or other solicitations before bid
opening, proposal submission, or receipt of Quotations
and to reject all Bids, Proposals, Quotations, or
offers after receipt. All Invitations for Bids,
Requests for Proposals, Request for Quotations, or
other solicitations shall contain a reservation.of the
foregoing rights. In the event of such cancellation
or rejection, the Chief Procurement Officer shall
promptly notify all affected bidders or proposers and
make available to them a copy of the written
explanation for such cancellation or rejection, which
shall be a public record.
Sec. 18-92. Sole -Source Contracts.
(a) Conditions for use. Since it is not
Practicable for the city to use competitive bidding
methods to secure Goods or services if there is only
one reasonable source of supply, Sole -Source awards
may be made as an exception to the other methods
prescribed in this section under the following
circumstances:
(1) Where the compatibility of equipment,
accessories, or replacement parts permits one
reasonable source of supply;
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(2) Where the Goods or services available from a
single source are needed for trial use or testing; and
(3) Where the unique
of one source of services
from any other source.
and specialized expertise
is unlikely to be obtained
(b) Determination, approval, and award. The
determination that an award shall be made on a Sole -
Source basis shall be made by the Chief Procurement
Officer. Such determination shall be made in writing
and provide complete justification as to why no other
sources of Goods or services could be obtained to meet
the city's requirements. The determination shall also
certify that the terms and conditions of the award
have been negotiated so as to obtain the most
favorable terms and conditions, including price, as
may be offered to other customers or clients by the
proposed Contractual Party. For all Contracts in
excess of $25,000, such determination shall be
submitted to the City Manager who may waive
competitive sealed bidding after he or she makes a
written finding, supported by reasons, that only one
reasonable source of supply exists. Such finding must
be ratified and the award approved by an affirmative
four/fifths vote of the City Commission after a
properly advertised public hearing.
(c) Public Notice and disclosure. Notice that
the city intends to award a Sole -Source Contract
exceeding $25,000 shall be published at least once in
a newspaper of general circulation in the city prior
to Contract award, but in any event at least 15
calendar days shall intervene between the last date of
publication and the date of award. Such notices shall
state the intention to award a Sole -Source Contract,
the nature of Goods or services to be acquired, the
name of the proposed Contractual Party, and the name
and telephone number of a cognizant city official who
may be contacted by other potential sources who feel
they might be able to satisfy the city's requirements.
A record of such notices and responses thereto shall
be maintained in the Contract file along with the
written determination required above, and a
compilation of all Sole Source awards shall be
maintained by the Chief Procurement Officer and shall
include:
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(1) The name of the Sole -Source Contractual
Party;
(2) The nature of the Goods or services
procured;
(3) The reasons no other source could satisfy
city requirements;
(4) The amount and type of Contract; and
(5) The identification number for each Contract
file.
Sec. 18-93. Types of Contracts.
(a) Subject to the limitations of this section,
any type of Contract which will promote the best
interests of the city may be used, except that the. use
of a cost -plus -a -percentage -of -cost Contract is
prohibited.
(1) Fixed-price Contracts. Fixed-price
Contracts shall ordinarily be used for those Purchases
of Goods and services or sales and leases where the
terms, conditions, Specifications and other factors of
the Contract can be specified with a high degree of
certainty and where use of a fixed-price Contract will
result in substantial competition between bidders or
offerors willing to compete for the Contract.
Incentives based on various performance factors and
escalation clauses or other economic adjustments may
be included as appropriate to serve the best interests
of the city in achieving the most economical contract
performance.
(2) Cost -reimbursement Contracts. Cost -
reimbursement Contracts shall ordinarily be used for
those Purchases of Goods and services or sales and
leases where the terms, conditions, Specifications and
other factors of the Contract cannot be specified with
a high degree of certainty or the use of fixed-price
Contracts is not likely to result in substantial
competition between bidders or offerors willing to
compete for the Contract. Incentives based on various
performance factors and escalation clauses or other
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economic adjustments may be included as appropriate to
serve the best interests of the city in achieving the
most economical contract performance.
(3) :Blanket Purchase Orders. The Chief
Procurement Officer or individual purchasing agents
may issue Purchase Orders for indeterminate amounts of
repair parts, supplies and, services to the account of
any department or office, but only when based upon a
definite Contract or price agreement which shall be
negotiated in the same manner as if the item to be
purchased thereunder were to be individually purchased
or contracted for under the provisions of Article III
of this chapter. Such orders shall state a specific
monetary limit which may not be exceeded except on
written approval by the Chief Procurement Officer.
(4) Multiyear Contracts.
(a) Unless otherwise provided by law, a Contract
for supplies or services, sales, or leases may be
entered into for any period of time deemed to be in
the best interests of the city, provided that the term
of the Contract and conditions for renewal or
extension, if any, are included in the Invitation for
Bids or Request for Proposals, and provided that funds
are available for the first fiscal period at the time
of Contract award. Payment and performance
obligations for succeeding fiscal periods shall be
subject to the availability and appropriation of funds
therefor and shall be so stipulated in the Contract.
(b) Prior to the' utilization of a multiyear
Contract, it shall be determined in writing by the
using department or office and by the Chief
Procurement Officer that the estimated requirements
over the period of the Contract are reasonably firm
and continuing; and that such a Contract will serve
the best interests of the city by promoting more
effective competition or otherwise promoting economies
to the city.
(c) Accounting suitability. Except with respect
to firm fixed-price Contracts with no provisions for
incentives, escalation or any other adjustments, no
type of Contract shall be used unless it has been
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determined in wri.tinq I -)y individual purchasing agent
or the Chief Procurement Officer that:
(1) The accounting system of the Contractual
Party will permit timely development of all necessary
cost data in the form required by the specific type of
Contract contemplated; and
(2) The accounting system of the Contractual
Party is adequate to allocate costs in accordance with
generally accepted accounting principles.
Sec. 18-94. Qualifications and duties of
Contractual Parties.
The city shall attempt to secure the most
qualified Contractual Parties in its dealings with the
private sector in accordance with the provisions of
this article.
Sec. 18-95. Determination of responsibility.
(a) Prior to contract award, the Chief
Procurement Officer or individual purchasing agent
shall determine in writing that the bidder or offeror
is responsible.
(b) If a prospective Contractual Party who would
otherwise have been awarded a Contract is found
nonresponsible, a copy of the determination and the
reasons therefor shall be sent promptly to such party,
which shall be given a reasonable opportunity for
rebuttal prior to a final determination of
nonresponsibility.
(c) Factors to be considered in determining
responsibility of prospective Contractual Parties
shall include but not be limited to:
(1) Availability of appropriate financial,
material, equipment, facility, and personnel resources
and expertise, or the ability to obtain them, to meet
all contractual requirements;
(2) A satisfactory record of performance;
(3) A satisfactory record of integrity;
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(4) Qualified legal standing to contract with
the city; and
(5) Compliance in supplying all requested
information connected with the inquiry concerning
responsibility.
(d) The prospective Contractual Party shall
provide any information requested by the Chief
Procurement Officer or purchasing agent concerning
responsibility. If such Contractual Party fails to
provide the requested information, the determination
of responsibility may be made upon available
information or the prospective Contractual Party may
be found nonresponsible. The prospective. Contractual
Party may demonstrate the availability of necessary
financial, equipment, facility, and personnel
resources by submitting:
(1) Evidence that the Contractual Party
possesses such necessary resources;
(2) Acceptable plans to subcontract for such
necessary resources; or
(3) A documented commitment for, or explicit
arrangement with, satisfactory sources to provide such
necessary resources.
Sec. 18-96. Prequalifications.
Prospective Contractual Parties may be
prequalified as part of the process for compiling
bidder lists. Such prequalification, however, does
not necessarily constitute a finding of responsibility
for any particular Contract award.
Sec. 18-97. Cost or pricing data.
(a) Contractor certification. A Contractual
Party shall upon request make available all costs or
pricing data supporting the Bid or offer and shall
certify that, to the best of its knowledge, such data
was accurate, complete and current at the time of the
submission of Bids or offers or at the time of
Contract modifications.
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(b) Price adjustment. Any Contract, Change
Order or modification sha.11 contain a provision that
the price to the city, including profit or fee, shall
be adjusted to exclude any sums by which the city
finds that such price was increased because the cost
or pricing information submitted by the Contractual
Party was inaccurate, incomplete or not current.
(c) Exclusions. Contractual Parties need not
make available costs or pricing data or certify their
accuracy, completeness and currency when:
(1) The contract price is based on price
competition resulting from sealed Bids;
(2) The contract price is based on established
catalog or market prices set and offered to the
general public or to governmental entities;
(3) The contract price is set by law or
regulation; or
(4) The City Manager determines that such
requirements for cost or pricing data and
certification should be waived, and the reasons for
such waiver are stated in,writing and approved by the
City Commission.
Sec. 18-98. Bond of successful Contractual Parties.
(a) In the case of Contracts for public works or
improvements or Purchases involving large sums of
money, the City Manager may provide that the
successful bidder shall post a surety bond in any
amount that the City Manager or his/her Designee deems
proper. Each call for Bids for any public work or for
the furnishing of any material, supplies, equipment or
services, as well as any specification documents
prepared and issued thereon, shall specify that the
bid bond, performance bond, or any other guarantee
required in connection therewith shall be accompanied
by an affidavit of a qualified officer of the entity
tendering such bond or guarantee, or by the attorney
in fact of such entity, setting forth the amount of
capital and the amount of surplus held by such entity
as of its last published report, and the date of such
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12271
report. The limit of surety acceptable from any one
risk shall be ten percent of the combined capital and
surplus shown by such -affidavit. No bid bond,
performance bond, surety bond or other guarantee shall
be accepted unless it is signed by a licensed agent of
the state as attorney in fact for the entity writing
the same and unless the same is written by a properly
licensed insurance agent located in the county. The
right of rejection of any and all tenders of such
surety bonds shall be reserved 'in all cases, which
fact and reservation shall. be clearly set forth in the
call for Bids and specification documents. The City
Manager shall cause each such surety tendered to the
city to be reviewed to determine whether the entity or
agency making such tender is qualified to meet the
obligation to be assumed, and shall recommend to the
City Commission the rejection of any such tender from
any entity or agency not found to be fully qualified.
Notwithstanding the foregoing, the City Manager may
accept, in lieu of a bid bond, a cashier's check, an
irrevocable letter of credit drawn upon a local bank,
or cash, upon a finding that the city's interests
would be protected by such acceptance.
(b) The director of finance shall cause a list
to be kept of all sureties filed with the city, by
names of guarantor and amounts, and shall report
quarterly to the City Manager full details as to bid
bonds, performance bonds, or other like bonds then in
effect.
Sec. 18-99. Inspections and audits for accuracy and
accountability.
The city shall be entitled to insist that all
parties dealing with it observe the highest degree of
accuracy and accountability in all of their dealings
with the city.
Sec. 18-100. Right to conduct inspections and
audits.
(a) The city may, at reasonable times, inspect
that part of any Contractual Party's plant or place of
Business and audit those books and records which are
related to the performance of any Contract awarded or
to be awarded'by the city. Circumstances warranting
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such inspections and audits shall include, but not be
limited to, concern as to whether standards of
responsibility specified in section 18-95 have been,
are being, or are capable of being met, and concern as
to whether the Contract is being performed in
accordance with its terms and conditions.
(b) The city may enter a Contractual Party's
plant or place of Business to:
(1) Inspect Goods or services for acceptance by
the city pursuant to the terms of the Contract.
(2) Audit cost or pricing data or audit books
and records.
(3) Conduct investigations of responsibility
pursuant to section 18-95 or those related to actions
to debar or suspend a Contractual Party from
consideration for award of Contracts pursuant to
section 18-107.
(c) Books and records relating to performance of
city Contracts shall be maintained by Contractual
Parties for a period of three years from the date of
final payment unless a shorter period is authorized in
writing by the City Manager.
Sec. 18-101. Inspections.
(a) Solicitations and Contractual provisions.
City Contracts shall provide that the city may inspect
goods or services at the facilities of the Contractual
Party and perform tests to determine whether they
conform to solicitation requirements contained in
Invitation for Bids or Requests for Proposals or,
after award, to the terms and conditions of the
Contract. Such inspections and tests shall be
performed in accordance with the terms and conditions
of the solicitation and Contract.
(b) Procedures for tests, and inspections.
(1) The Chief Procurement Officer may specify
general operational procedures governing the test and
inspection of all Goods or services, sales or leases
being performed under city Contract by city
departments, offices and individual purchasing agents.
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(2) The Chief Procurement Officer shall inspect
or supervise the inspection of all deliveries of
supplies, materials, equipment, Contractual Services
or performance under lease agreements to determine
conformance with the terms and conditions upon which
the order or Contract was based. Any purchasing agent
or department may be authorized by the Chief
Procurement Officer to inspect deliveries or contract
performance in the manner stipulated with the approval
of the City Manager.
(3) The Chief Procurement Officer may prescribe
chemical, physical and other performance tests for
Goods or services, including samples submitted with
Bids or offers and samples of deliveries and
performance to determine their quality and conformance
with the terms and conditions of the solicitation or
Contract. In the performance of such tests or
inspections, the Chief Procurement Officer shall have
the authority to make use of the laboratory facilities
of any department of the city or any outside
laboratory or special expertise available to evaluate
service performance.
(c) Conduct of inspections. Whenever possible,
inspections and tests shall be performed so as not to
unduly delay or inconvenience the Contractual Parties.
Contractual Parties shall make available at no charge
to the city all reasonable facilities and assistance,
in order to facilitate the performance of inspections
or tests by city representative.
Sec. 18-102. Audits.
(a) Solicitations and contractual provisions.
City Contracts shall provide that the city may inspect
the books and records of Contractual Parties to
determine conformance with the solicitation
requirements contained in the Invitation for Bids or
Request for Proposals or, after award, with the terms
and conditions of the Contract.
(b) Procedures for audits.
(1) The Chief Procurement Officer may specify
the general procedures for inspection of books and
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records and for the conduct of audits of all Goods or
services, sales or leases under city Contracts.
(2) An audit may be required when, in respect to
an actual or prospective Contractual Party, there is:
a. A question as to the adequacy of accounting
policies or cost systems;
b. A substantial change in the methods or levels
of operations;
C. Previous unfavorable experience indicating
doubtful reliability of estimating, accounting or
purchasing methods;
d. A lack of cost experience due to the
Procurement of a new supply or service; or
e. Other evidence that an audit is in the city's
best interests as determined by the Chief Procurement
Officer, the City Manager or the City Commission.
(c) Conduct of audits. Whenever possible,
audits shall be.performed so as not to unduly delay or
inconvenience the Contractual Party. Contractual
Parties shall make available at no charge to the city
all reasonable facilities and assistance, for the
convenience of the city representatives performing the
audit.
Sec. 18-103. Disputes and legal remedies.
The following procedure in sections 18-104
through 18-107 shall be used for arriving at early
settlement of grievances by ' interested parties who
have participated in the city's procurement process.
Sec. 18-104. Resolution of protested solicitations
and awards.
(a) Right to protest. The following procedures
shall be used for resolution of protested
solicitations and awards except for purchases of
goods, supplies, equipment, and services, the
estimated cost of which does not exceed $25,000.
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Protests thereon shall be governed by the
Administrative Policies and Procedures of Purchasing.
1. Protest of Solicitation.
i. Any prospective proposer who perceives
itself aggrieved in connection with the solicitation
of a Contract may protest to the Chief Procurement
Officer. A written notice of intent to file a protest
shall be filed with the Chief Procurement Officer
within three days after the Request for Proposals,
Request for Qualifications or Request for Letters of
Interest is published in a newspaper of general
circulation. A notice of intent to file a protest is
considered filed when received by the Chief
Procurement Officer; or
ii. Any prospective bidder who intends to
contest Bid Specifications or a bid solicitation may
protest to the Chief Procurement Officer. A written
notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after
the bid solicitation is published in a newspaper of
general circulation. A notice of intent to file a
protest is considered filed when received by the Chief
Procurement Officer.
2. Protest of Award.
i. Any actual proposer who perceives itself
aggrieved in connection with the recommended award of
Contract may protest to the Chief Procurement Officer.
A written notice of intent to file a protest shall be
filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of
the City Manager's recommendation for award of
Contract. The receipt by proposer of such notice shall
be confirmed by the city by facsimile or electronic
mail or U.S. mail, return receipt requested. A notice
of intent to file a protest is considered filed when
received by the Chief Procurement Officer; or
ii. Any actual Responsive and Responsible Bidder
whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A
written notice of intent to file a protest shall be
filed with the Chief Procurement Officer within two
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days after receipt by the bidder of the notice of the
city's determination of non responsiveness or non
responsibility. The receipt by bidder of such notice
shall be confirmed by the city by facsimile or
electronic mail or U.S. mail, return receipt
requested. A notice of intent to file a protest is
considered filed when received by the Chief
Procurement Officer.
iii. A written protest based on any of the
foregoing must be submitted to the Chief Procurement
officer within five ( 5 ) days after the date the notice
of protest was filed. A written protest is considered
filed when received by the Chief Procurement Officer.
The written protest may not challenge the
relative weight of the evaluation criteria or the
formula for assigning points in making an award
determination.
The written prot=est shall state with
particularity the specific facts and law upon which
the protest of the solicitation or the award is based,
and shall include all pertinent documents and evidence
and shall be. accompanied by the required Filing Fee as
provided in subsection (f). This shall form the basis
for review of the written protest and no facts,
grounds, documentation or evidence not contained in
the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be
permitted in the consideration of the written protest.
No time will be added to the above limits for
service by mail. In computing any period of time
prescribed or allowed by this section, the day of the
act, event or default. from which the designated period
of time begins to run shall not be included. The last
day of the period so computed shall be included unless
it is a Saturday,' Sunday or legal holiday in which
event the period shall run until the end of the next
day which is neither a Saturday, Sunday or legal
holiday. Intermediate Saturdays, Sundays and legal
holidays shall be excluded in the computation of the
time for filing.
(b) Authority to resolve protests. The Chief
Procurement Officer shall have the authority, subject
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to the approval of the City Manager and the city
attorney, to settle and resolve any written protest.
The Chief Procurement Officer shall obtain the
requisite approvals and communicate said decision to
the protesting party and shall submit said decision to
the City Commission within 30 days after he/she
receives the protest. In cases involving more than
$25,000, the decision of the Chief Procurement Officer
shall be submitted* for approval or disapproval thereof
to the City Commission after a favorable
recommendation by the city attorney and the City
Manager.
(c) Compliance with filing requirements. Failure
of a party to timely file either the notice of intent
to file a protest or the written protest, together
with the required Filing Fee as provided in subsection
(f), with the Chief Procurement Officer within the
time provided in subsection (a), above, shall
constitute a forfeiture of such party's right to file
a protest pursuant to this section. The protesting
party shall not be entitled to seek judicial relief
without first having followed the procedure set forth
in this section
(d) Stay of Procurements during protests. Upon
receipt of a written protest filed pursuant to the
requirements of this section, the city shall not
proceed further with the solicitation or with the
award of the Contract until the protest is resolved by
the Chief Procurement Officer or the City Commission
as provided in subsection (b) above, unless the City
Manager makes a written determination that the
solicitation process or the Contract award must be
continued without delay in order to avoid an immediate
and serious danger to the public health, safety or
welfare.
(e) Costs. All costs accruing from a protest
shall be assumed by the protestor.
(f) Filing Fee. The written protest must be
accompanied by a filing fee in the form of a money
order or cashier's check payable to the city in an
amount equal to one percent of the amount of the Bid
or proposed Contract, or $5000.00, whichever is less,
which filing fee shall guarantee the payment of all
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costs which may be adjudged against the protestor in
any administrative or court proceeding. If a protest
is upheld by the Chief Procurement Officer and/or the
City Commission, as applicable, the filing fee shall
be refunded to the protestor less any costs assessed
under subsection (e) above. If the protest is denied,
the filing fee shall be forfeited to the city in lieu
of payment of costs for the administrative proceedings
as prescribed by subsection (e) above.
Sec. 18-105. Resolution of Contract disputes.
(a) Authority to resolve Contract disputes. The
City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve
controversies between the Contractual Party and the
city which arise under, or by virtue of, a Contract
between them; provided that, in cases involving an
amount greater than $25,000, the City Commission must
approve the City Manager's decision. Such authority
extends, without limitation, to controversies based
upon breach of Contract, mistake, misrepresentation or
lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the
City Manager -
(b) Contract dispute decisions. If a dispute
is not resolved by mutual consent, the City Manager
shall promptly render a written report stating the
reasons for the action taken by the City Commission or.
the City Manager which shall be final and conclusive.
A copy of ,the decision shall be immediately provided
to the protesting party, along with a notice of such
party's right to seek judicial relief, provided that
the protesting party shall not be entitled to such
judicial relief without first having followed the
procedure set forth in this section.
Sec. 18-106. Remedies prior to award.
If prior to Contract award it is determined that
a solicitation or proposed award is in violation of
law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or
the Chief Procurement Officer, as may be applicable,
or revised to comply with the law.
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Sec. 18-107. Debarment and suspensions.
(a) Authority and requirement to debar and
suspend. After reasonable notice to an actual or
prospective Contractual Party, and after reasonable
opportunity for such party to be heard, the City
Manager, after consultation with the Chief Procurement
Officer and the city attorney, shall have the
authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city
Contracts. The debarment shall be for a period of not
fewer than three years. The City Manager shall also
have the authority to suspend a Contractual Party from
consideration for award of city Contracts if there is
probable cause for debarment, pending the debarment
determination. The authority to debar and suspend
contractors shall be exercised in accordance with
regulations which shall be issued by the Chief
Procurement Officer after approval by the City
Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes
for debarment or suspension include the following:
(1) Conviction for commission of a criminal
offense incident to obtaining or attempting to obtain
a public or private Contract or subcontract, or
incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes
of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving
stolen property, or any other offense indicating a
lack of business integrity or business honesty.
(3) Conviction under state or federal antitrust
statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is
regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may
include failure without good cause to perform in
accordance with the terms and conditions of a Contract
or to perform within the time limits provided in a
Contract, provided that failure to perform caused by
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acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual
Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph
(c) below.
(7) Found in violation of a zoning ordinance or
any other city ordinance or regulation and for which
the violation remains noncompliant.-
(8)
oncompliant.
(8) Found in violation of a zoning ordinance or
any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager
to be so serious and compelling as to affect the
responsibility of the Contractual Party performing
city Contracts.
(c) Certification. All Contracts for Goods and
services, sales, and leases by the city shall contain
a certification that neither the Contractual Party nor
any of its principal owners or personnel have been
convicted of any of the violations set forth above or
debarred or suspended as set forth in paragraph
(b) (5) .
(d) Debarment and suspension decisions. Subject
to the provisions of paragraph (a), the City Manager
shall render a written decision stating the reasons
for the debarment or suspension. A copy of the
decision shall be provided promptly to the Contractual
Party, along with a notice of said party's right to
seek judicial relief.
Sec. 18-108. Ethics.
Any attempt by city employees to realize personal
gain by conduct inconsistent with proper discharge of
their duties is a breach of public trust. The
provisions of city ordinances, county ordinances, and
state statutes shall be strictly enforced to preserve
the public trust.
Page 54 of 61
Ll
r�
Sec. 18-109. Public access and information.
The public shall have access to all documents and
information pertaining to city Contracts, subject to
the provisions of law.
Sec. 18-110. First -source hiring agreements.
(a) The City Commission approves implementation
of the first -source hiring agreement policy and
requires as a condition precedent to the execution of
Service Contracts for Facilities, Services, and/or
receipt of Grants and loans, for projects of a nature
that create new jobs, the successful negotiation of
first -source hiring agreements between the
organization or individual receiving said Contract and
the Authorized Representative unless such an agreement
is, found infeasible by the City Manager and such
finding approved by the City Commission at a public
hearing.
(b) For the purpose of this section, the
following terms, phrases, words and their derivations
shall have the following meanings:
Authorized Representative means the Private
Industry Council of South Florida/South Florida
Employment and Training Consortium, or its successor
as local recipient of federal and state training and
employment funds.
Facilities means all publicly financed projects,
including but without limitation, unified development
projects, municipal public works, and municipal
improvements to the extent they are financed through
public money services or the use of publicly owned
property.
Grants and loans means, without limitation, urban
development action grants (UDAG), economic development
agency construction loans, loans from Miami Capital
Development, Incorporated, and all federal and state
grants administered by the city.
Paae 55 of 61
12271
Ll�
Service Contracts
Procurement of services
Professional Services.
means Contracts for the
by the city which include
Services includes, without limitation, public
works improvements, facilities, Professional Services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall
negotiate each first -source hiring agreement.
(d) The primary beneficiaries of the first -
source hiring agreement shall be participants of the
city training and employment programs, and other
residents of the city.
Sec. 18-111. Contracts of other governmental
entities.
Notwithstanding all other provisions of this
article, in the Purchase of necessary Goods and/or
services the city may, in lieu of other city
competitive bidding procedures, accept a competitive
Bid which has been secured by or on behalf of any
federal, state, county or municipal government or from
any other governmental entity, state funded
institutions and not-for-profit organizations, subject
to a determination by the Chief Procurement. Officer
that the Contract was entered into pursuant to a
competitive process in compliance with city laws,
policies and procedures; provided, however, that in
the Purchase of Goods or services in excess of
$25,000, such Contracts shall be approved by the City
Manager, and Purchases of Goods or services in excess
of $50,000, shall be subject to approval by the City
Commission.
Sec. 18-112. Contracts with other governmental
agencies or state funded public institutions.
Notwithstanding all other provisions of this
article, the city shall be exempt from all competitive
bidding procedures when it enters into an agreement
with other governmental agencies or state funded
institutions for the Purchase or acquisition of Goods
or services; provided, however, that in the Purchase
or acquisition of said Goods or services in excess of
Page 56 of 61 •��q{
!', + 2 7 1
$25,000, such agreement shall be approved by the City
Manager, and Purchases of Goods or services in excess
of $50,000 shall be subject to approval by the City
Commission.
Sec. 18-113. Cooperative Purchasing.
Notwithstanding all other provisions of this
article, the City's Purchasing Department may either
participate in, sponsor, conduct, or administer a
Cooperative Purchasing agreement for the Procurement
of any goods or services with one or more public
entities. Such Cooperative Purchasing may include,
but is not limited to joint or multiparty Contracts
between public entities.
Sec. 18-114. Online Procurement.
a) Conditions for Use. Notwithstanding the
foregoing, the City may engage in Electronic On -Line
Bidding to obtain competitive Bids from bidders for
the Purchase of Goods and services whenever the Chief
Procurement Officer determines that Electronic On -Line
Bidding is more advantageous than other procurement
methods provided by this Article.
b) Bidding Process. The solicitation must
designate an opening date and time. The closing date
and time may be fixed or remain open, depending on the
structure of the item being bid on-line. Information
regarding the closing date and time must also be
included in the solicitation. At the opening date and
time, the Chief Procurement Officer or its Designee
must begin accepting on-line Electronic Bids, and must
continue accepting Bids until the bid is officially
closed. Bidders will be required to register before
the opening date and time and, as part of that
registration, bidders must agree to any terms,
conditions, or other requirements of the solicitation.
The Chief Procurement Officer may also pre -qualify
bidders and allow only those bidders who are pre-
qualified to submit Bids on-line.
c) Provisions of Chapter 18-85 of the City Code
Do Not Apply.
Page 57 of 61 12271
Provisions of Section 18-85 "Competitive Sealed
Bidding" shall not apply to solicitations issued
pursuant to this section. However, requirements for
Contract awards shall be consistent with those set
forth in sub -section (h) of Section 18-85, subject to
a certification by the Chief Procurement Officer that
the Contract was entered into pursuant to a
competitive process in compliance with the provisions
of this section 18-114.
i. Bid Results Public Information.
. All Bids submitted electronically through an
On -Line Bidding process are public information and
subject to the State of Florida Public Records Act, as
amended.
e) Remedies.
All remedies available to bidders through the
sealed bidding process under Section 18-104 of the
City Code, (Resolution of protested solicitations and
awards) are available to bidders in an On -Line Bidding
process in accordance with Section 18-114.
Sec. 18-115. Acceptance of Donations.
The City Manager is authorized to accept the
donation of goods and services up to an estimated
value of $25,000 on behalf of the City of Miami.
Sec. 18-116. Persons Retained As Expert Consultants
The City Manager shall have the authority and sole
discretion to contract with Persons Retained As Expert
Consultants, without City Commission approval. No
employment emoluments shall be provided to Persons Retained
as Expert Consultants.
Page 58 of 61
12271
Section 3. Article V of Chapter 18, of the Code of the
City of Miami, Florida, as amended, is amended in the following
particulars:'
"ARTICLE V - SALE OR LEASE OF CITY'S REAL PROPERTY
Sec. 18-176. Methods and procedures for sales and
leases.
Sec. 18-176.1. Unified development projects shall be
as set forth in Charter Section 29-A.
Sec. 18-176.2. The "Cone of Silence" shall be as
set forth in Article III, Section 18-74, except that,
in the case of Unified Development Projects or other
matters governed by this Article V, the Cone of
Silence shall be applicable only to Contracts for
amounts in excess of $500,000.
Sec. 18-176.3. Procedures for resolution of protested
UDP's and awards shall be as set forth in Article III,
Sections. 18-105 and 18-1.06, with the exception that
all references to the Chief Procurement Officer. shall,
for the purpose of proceedings under this Article V,
mean the Director of the Department of Real Estate and
Economic Development.
Sec. 18-180. Cancellations.
The city, the off-street parking authority, and the
downtown development authority shall have the right to
cancel all Invitations for Bids or Requests for
Proposals before Bid opening or Proposal submission
and to reject all Bids or Proposals after receipt. All
Invitations for Bids and Requests for Proposals shall
contain a reservation of the foregoing rights. In the
event of such a cancellation or rejection, the City
Manager or its Designee shall promptly notify all
affected bidders or offerors and make available to
them a copy of the written explanation for such
Ibid.
Page 59 of 61 12271
cancellation or rejectibn, which shall be a public
record.
Section 4. All rights, actions, proceedings, and
Contracts of the City, including the Mayor, the City
Commissioners, the City Manager, or any of its departments,
boards, or trusts, or officers undertaken pursuant to the
existing Article III, including those pending or unexecuted at
the time Article III goes into effect, shall be enforced,
continued, or completed, in all respects, as though begun or
executed hereunder.
Section 5. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of" this
Ordinance are repealed.
Section 6. 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 7. It is the intention of the City Commission
that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Miami, Florida, as amended,
which provisions may be renumbered or relettered and that the
Page 60 of 61 12271
word "ordinance" may be changed to "section", "article", or
other appropriate word to accomplish such intention.
Section 4. This Ordinance shall become effective
immediately after final reading and adoption thereof.31
PASSED ON FIRST READING BY TITLE ONLY this 13th day of
June 2002.
PASSED AND ADOPTED ON SECOND AND- FINAL READING BY TITLE
ONLY this 22nd day of August 2002.
MANUEL A. DIAZ, MAY
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED 20/FORM,-AND CORRECTNESS:
P�LEJ VILARELLO
CITE, ATTO EY
3/ 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 61 of 61
1227-1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To Honorable Mayor and DATE : J1Ji , 8 FILE
Members of the City Commission
Procurement Ordinance
SUBJECT:
FROM:a n REFERENCES:
ity Manager
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission repeal chapter 18, Article III of
the City Code of the City of Miami, Florida, as amended, in its entirety and adopt the
attached ordinance to be entitled "City of Miami Procurement Ordinance;" amend Article
V to provide for the lease/sa'le of real property and unified development projects (UDP's);
and add Sections 18-115 "Acceptance of Donations" and 18-116 "Persons Retained as Expert
Consultants.".
BACKGROUND
• On November 6, 2001, the electorate approved an amendment to. the City Charter
providing authority to the City to convert the provisions on Purchasing and Contracts to
city ordinances.
The City Administration,' after careful review and study, has determined, that a new
procurement ordinance is required to: increase the efficiency and effectiveness of the
procurement . process; . update existing and/or establish neww laws governing city
purchasing, which incorporate best practices in public procurement , and follow the
guidelines of the American Bar Association's 2000 Model Procurement Code for State and
Local Governments.
The highlights of the. proposed procurement ordinance include: opting out of Miami -
Dade County's cone of silence, and establishing a cone of silence for certain
procurements; establishing a threshold of $25,000 for competitive sealed bidding;
authorizing the City Manager to approve purchases of goods and services up to $50,000
and contracts for public works or improvements up to S100,000,- requiring the issuance of
monthly reports to the City Commission of all purchases approved by the City Manager;
requiring approval of goods and services in excess of $50,000 and contracts for public
works or improvements in excess of $100,000 by the City Commission; providing for
competitive sealed proposal processes, online procurements and cooperative purchasing;
amending Article V to provide for the lease/sale of real property and UDPs; including a
cone of silence and"protest procedures for same; and adding Sections 18-115 "Acceptance
of Donations" and 18-116 "Persons Retained as Expert Consultants.
CAG/RJ NVC/PB
r
12271
41"
of T _t
V 01r,
ALEJANDRO VILARELLO F Telephone: (305) 416-1800
City Attorney o11911F NAT11 s Telecopier: (305) 416-1801
E-MAIL: Law@ci.rniarni.fI.us
0., F%,
November 18, 2002
C=2
Mr. Robert Meyers, Executive Director 0
n p- CD
Miami -Dade County Commission on Ethics :rn
19 W Flagler Street, Suite 220 ::Ic
Miami, Florida 33130
Ln cn
Re: Miami -Dade County Cone of Silence
(Our file No.: A-02-00284)
Dear Mr. Meyers:
Attached please find letter dated and executed on August 26, 2002, together with a fully
executed copy of City of Miami Ordinance No. 12271, opting out of the Section 2-11.1(t) of the
Miami -Dade County Code.
This was not transmitted on that date through an inadvertent clerical error.
Ver ours,
it
4eoo�
AV/GMM/dd
c: Mayor and City Commissioners
/C 'rlos A. Gimenez, City Manager
riscilla A. Thompson, City Clerk
OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami; Florida 33130-1910
TT 'j of 'ffllaml
Y OF
I
ALEJANDRO VILARELLO F �=
City Attorney
6�C0 F
August 26, 2002
Mr. Robert Meyers, Executive Director
Miami -Dade County Commission on Ethics
19 W Flagler Street, Suite 220
Miami, Florida 33130
Re: Miami -Dade County Cone of Silence
(Our file No.: A-02700284)
Dear Mr. Meyers:
(305) 416-1800
Telecopier: (305) 416-1801
Pursuant to the attached Ordinance adopted by the City of Miami City Commission on
August 22, 2002, the City has opted out of the requirements set forth in Section 2-11.1(t) of the
Code of Miami -Dade County, also known as the Cone of Silence Ordinance.
AV/GMM/dd
c: Mayor and City Commissioners
Carlos A. Gimenez, City Manager
Priscilla A. Thompson, City Clerk
OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 33130-1910
•
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
P.O. 10882
CITY OF MIAMI
NOTICE OF PROPOSED ORDINANCES
in the XXXX Court,
was published in said newspaper in the issues of
07/15/2002
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing t ' advertis nt for publication in the said
newspape
.GeI
Sw and subscribed 4&fore me this
1 y o
J U L YX aD.2
(SEAL)
O.V. FERBEYRE`-i
.- RA I. MESA
M}ethSION
# CC P85640
E /PIPES: f'.,Iarch 4, 2004
,ineed +ba.; Notary Punic Underwritrrs
LIJ
:C1 .OF_MAN, FLORIDA -
OTIC
E 0I0 PROPOSED ORDINANCES'• S
Notice is hereby given that the City Commission of-the.City of Miami,
florida; will consider the following ordinances on second and final reading
on_ July; 25, 2002 commencing at 9:00 a.m., in the City; Commission
;Chambers, 3500 Pan American Drive, Miami, Florida,
q ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION.AMEND-.
ING CHAPTER 2/ARTICLE XI/DIVISION 6 OF THE'CODE OF- .f
THE CITY OF- MIAMI; FLORIDA, AS. AMENDED,..ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES•AND COMMIS -
i' SIONS/SPORTS AND EXHIBITION AUTHORITY," TO
CHANGE THE MEMBERSHIP COMPOSITION FROM -ELEVEN
TO EIGHT MEMBERS,; AND THE NUMBER OF YEARS PER-
MITTED FOR CONSECUTIVE SERVICE AS A- MEMBER ON
THE MIAMI ,SPORTS:; ,AND EXHIBITION AUTHORITY',
("MSEA"); DESIGNATINd.,tkt CITY MANAGER 'OR. DESIGN-
E
R.DESIGN-
EE TO SERVE.AS',AN.EX,OFEICIO, NON VOTING, BOARD
MEMBER OF 111ISEA AND,,REQUIRING .THE,EXECUTIVE Dl-
RECTOR
l-
t RECTOR'OF, MSEA.TO ATTEND MEETINGS OF THE GREAT-
ER MIAMI CONVENTION, BUREAU;- MORE PARTICULARLY
BY,`AMENDING 'SECTIONS,`2-101.3 AND 2 1015, OF SAID
C_ ODE;.CONTAINING;A'.REPEALER PROVISION ANDA BEV- ...
ERABILI1I CLAUSE; AND.PROVIDINC FOR, AN EFFECTIVE, -• 't
;DATE:
ORD O.
AN. ORDINANCE OF -THE MIAMI,CITY;•COMMISSION RE
PEALING ARTICLE„IILOF.CHAPTER 18; OF THE CODE OF
THE, CITY OF MIAMI; PLORIDA,I AS.TITL
,AMENDED,.ENED'` -
f "FINANCE, :P_URCHASING_AND, CONTRACTS GENERALLY°
I IN ITS ENTIRETY,AND SUBSTITUTING IN.LIEU THEREOF' '
kNEW ARTICLE.III-.SETTING FORTH,PROVISIONS FOR; THE
ACCEPTANCE OF. DONATIONS,. PROCUREMENT OF
,GOODS AND SERVICES, INCLUDING PERSONS RETAINEfj,
AS EXPERT CONSULTANTS;,AND OPTING OUT OF,-MIAM3--'t
DADE.000NTY REQUIREMENTS RELATED TO THE CON
OF SILENCE; AMENDING ARTICLE -.V OF CHAPTER 18 ENTI-
TLED "SALE OR LEASE OF CITY'S'REAL PROPERTY".TO IN-,_ ,
CLUDE PROVISIONS FOR•THE LEASE.OF, REAL PROPERTY , -
- _ INCLUDING UNIFIED DEVELOPMENT PROJECTS, THE.
CONE OF SILENCE'AND PROTESTS; MORE PARTICULARLY
BY ADDING NEW SECTIONS 18=71 TO 18-114,18-176.1 TO . ,.
18-176.3, AND AMENDING SECTION 18-180 OF SAID CODE;. , • w
{ CONTAINING, :A'`;REP EALER ' PROVISION,. A -SAVINGS:
CLAUSE, AND A SEVERABILITY CLAUSE,.PROVIDING FOR :..�
,'(' AN EFFECT!VE.DATE.
I
`AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
WM ING CHAPTER 22/ARTICLES I, II, AND III, OF THE CODE OF
THE CITY OF MIAMI, -FLORIDA, } ASAMENDED, ENTITLED
'GARBAGE, AND OTHER SOLID _ . WASTE/IN - GENERAL,/ -
REGULATION OF. PERSONS ENGAGED,.WCOMMERCIAL -•
(
WASTE: COLLECTION/ENFQRCEM NJJ�ADMINISTEI,
TIONTO UPDATE CERTAIN SECTIONS AND PROVIDE FOR
f MORE STRINGENT ENFORCEMENT OF LITTER VIOLA-
' TIONS; MORE PARTICULARLY BY AMENDING SECTIONS
22?1,22-2, 22-4, 22-6, 22-7, 22-12; 22-14, 22-15,22-18,22.
22-47.22-50, 22-52, 22?53, 22?54, 22-55, 22-56, 22-57i 22-87,
22?92, and 22-93 OF SAID CODE; CONTAINI.NG,A REPEALER
PROVISION AND A SEVERABILITY CLAUSE;,AND PROVID-
ING FOR AN EFFECTIVE DATE. + 'i�'•r ' -
ORDINANCE NO.
AN ORDINANCE OF THE.MIAMI CITY-COMMISSION,,AC-
CEPTIN_G A GRANT FROM CORAL GABLES, HOSPITAL/
TENET SOUTH_ FLORIDA .HEALTHSYSTEM,-AND TENET
FOUNDATION, TO ESTABLISH A NEW SPECIAL REVENUE •-
FUND ENTITLED "CORAL GABLES HOSPITAL/TENET FOUN-
DATION CONTRIBUTION" AND APPROPRIATIN&`FUNDS t
FOR THE OPERATION OF SAME IN THE AMOUNT OF $2;500;;-.•
i AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NEC
-'ESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE... -`-
I
�--CITY ATTORNEY, fO ACCEPT THE GRANT;. CONTAINING A'��' {�
"`-'REPEALER PROVISION AND_SEVERABILITY..CL•AUSE :. •' , _
s ; 'ORDINANCE NO.,
_" AN ORDINANCE OF THE MIAMI CITY -COMMISSION AMEND--.
ING CHAPTER 2, ARTICLE X, SECTION 2-817 OF THE CODE '
OF THE CITY OF MIAMI, FLORIDA, AS -AMENDED, ENTITLED "
"ADMINISTRATION;' CODE ENFORCEMENT, ADMINISTRA-
'TIVE COSTS, FINES; LIENS," TO ADD NEW SUBSECTION (h)..
�. TO, PROVIDE I HAT'' SUBJECT TO CERTAIN CONDITIONS,
THE CITY`MANAGEI3 MAY RELEASE OR -SATISFY A -LIEN'.-`
'PLACED ON A PROFERTY BY THE CITY OR� BY ANY OF ITS
AGENCIES AND INSTRUMENTALITIES IF THE.PROPERTY IS _ '
? USED FOR THE DEVELOPMENT.OF AN-AFFORDABLErHO =
MEOWNERSHIP HOUSING PROJECT BY A PROJECT.SPON--.
. SOR THAT HAS BEEN ALLOCATED FUNDS BY THE.CITY;
COMMISSION'OR THE CITY OF -MIAMI HOUSING AND' COM-':
MERCIAL LOA_ N"COMMITTEE• FOR SUCH -PROJECT; CON-
TAINING .A
ON-TAINING-A REPEALER . PROVISION, A SEVERABILITY
CLAUSE, -AND PROVIDING FOR AN EFFECTIVE DATE.
Said proposed ordinances may be',inspected by the public at•the Office
of the City Clerk, 3500 Pan American Drive; Miami,,Florida, Monday
through Friday, excluding holidays,.between the hours of,8 a.m. and 5 p. 1
M.
All interested persons may appear at the, meeting and may be heard
with respect to theproposed ordinances. Should any person desire to ap-
peal any decisiori of the City Commission withrespect to any matter to be.
Iconsideredaat this meeting, that person shall ensure that'a verbatim-
irecord of,ttie proceedings is made.iricluding all testimony, and -evidence
!upon which:ahy appeal may be based.. -
f_.
FW spa PRISCILLA,-A: THOMPSON
�. CITYCLERK,;zi:.,-;r.. ^'
(#10882),
7/1.5:' :. ,.,; i °s +,.r. �....' 02-4-66/281182M:.