The URL can be used to link to this page

Home My WebLink AboutR-02-0844J-02-651 7/10/02 RESOLUTION NO. V 2- 844 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE SOLICITATION OF REQUESTS FOR PROPOSALS ("RFP'S") FOR PURPOSES OF ESTABLISHING A PRE -APPROVED LIST OF PROFESSIONAL ARCHITECTS, ENGINEERS AND SURVEYORS TO BE ENGAGED FOR PUBLIC WORKS CATEGORY "B" DESIGNATED FIRE STATION PROJECTS; APPOINTING AN INDIVIDUAL AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE; AND AUTHORIZING THE CITY MANAGER TO APPOINT A SIX -MEMBER COMPETITIVE SELECTION COMMITTEE TO EVALUATE AND RANK IN ORDER THE QUALIFIED CANDIDATES IN RANK ORDER AND TO PRESENT THE COMMITTEE'S RECOMMENDATIONS TO THE CITY COMMISSION FOR CONSIDERATION. WHEREAS, the Fire Department has determined that it is now in order to select firms to perform professional services for the preparation of plans for four fire stations, which will require professional services by architects, engineers and surveyors; and WHEREAS, the Department of Public Works does not have sufficient professional staff to accomplish all of the necessary project work and the solicitation of Request for Proposals ("RFP'S") to select a professional firm is required; and CITY COMUSSICU XErTi G U L 2 5 2002 &3 auxw1h NA. 02- 844 WHEREAS, Section 18-81 of the City Code also requires that the City Manager appoint a Competitive Selection Committee of not less than six members to evaluate each of the candidates in accordance with criteria established and identify the most qualified firms for presentation of a list to the City Commission for approval in rank order, which Committee shall be comprised of: (1) one representative department charged responsibility; and of the administrative with overall project (2) one representative from a maximum of three departments identified as principal users of the project; and (3) the Director of the Planning and Zoning Department or designee; and (4) the Director of Finance or designee; and (5) the City Manager or designee; and (6) one or more professionals in the applicable field of practice; WHEREAS, funds for professional services are available from monies allocated to the projects; and WHEREAS, pursuant to Section 18-81 of the Code, the City Commission shall appoint the Chairperson of the Competitive Selection Committee who is either the member representing the department or the member representing the principal users of the project; and Page 2 of 4 02- 844 WHEREAS, the City Manager recommends that a representative of the Department of Public Works be appointed as Chairperson of the Competitive Selection Committee; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The solicitation of Request for Proposals is authorized for purposes of establishing a pre -approved list of professional architects, engineers and surveyors to be engaged for Public Works Category "B" designated fire station projects. Section 3. A. Aurora Badia is appointed as Chairperson of the Competitive Selection Committee. Section 4. The City Manager is authorized to appoint a six -member Competitive Selection Committee to evaluate and rank in order the qualified candidates comprised as follows: (1) one representative department charged responsibility; and of the administrative with overall project (2) one representative from a maximum of three departments identified as principal users of the project; and Page 3 of 4 02— 844 (3) the Director of the Planning and Zoning Department or designee; and (4) the Director of Finance or designee; and (5) the City Manager or designee; and (6) one or more professionals in the applicable field of practice; Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this 25th day of July 2002. .r #MWANUEL A. DIAZ, YOR ATTEST: 'Liell-2 — 0 PRI ILLA A. THOMPSON CITY CLERK APPROVEDS T FORM -4�2QD CORRECTNESS :V NDR(T VILARELLO ATTORNEY W6413:tr:LB 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 4 2— 844 CITY OF MIAMI, FLORIDA CA=6 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission RECOMMENDATION DATE: J :i:L 12 2002 FILE: SUBJECT: Fire Station Projects — Resolution Designating as a REFERENCES: Category "B" Project ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution designating the Fire Station Projects as a Category "B" Project; approving the City Manager's appointment of a Competitive Selection Committee of not less than six (6) members, and appointing a representative of the Public works Department as Chairperson of the Competitive Selection Committee. JUSTIFICATION The Fire Department has determined that it is now in order to select a firm to perform professional services for the preparation of plans for four (4) Fire Stations. Numerous projects and improvements are anticipated throughout the City. The Public Works Department is insufficiently staffed to accomplish the work necessary to accommodate these projects. Requests for Proposals will be solicited from firms in the architectural, engineering and surveying fields. It is now appropriate, therefore, to prepare the selection of a firm to render the necessary professional and technical services. To accomplish these projects, it is necessary to engage a qualified professional firm to provide services for these projects for a basic three (3) year contract term, all in accordance with Section 18-81 of the Miami City Code. In accordance with Section 18-81 of the City Code, the proposed Resolution will designate Fire Station Projects as Category `B" Projects and approve the City Manager's appointment of a Competitive Selection Committee of not less than six (6) members, and appoint a representative of the Public Works Department as Chairperson of the Competitive Selection Committee. Fire Stations - MEMO - RFQ �j 0� S44 The Honorable Mayor and Members of the City Commission Fire Station Projects Page No. 2 It is recommended that A. Aurora Badia. P.E., of the Department of Public Works, be appointed Chairperson of the Competitive Selection Committee. Ordinance No. 9572 provides further that there be recommendations made by the Competitive Selection Committee to the City Commission for approval; thereafter, and prior to the execution of any contract, the City Commission shall instruct the City Manager to commence negotiations based on the Commission's approval of the rank order of proposed consultants. FISCAL IMPACT: None L CAG/FKR/J1;'I/J/AAB d �oz V4 6`�v c: William W. Bryson, Fire Chief, Fire -Rescue John H. Jackson, Director, Public Works Department A. Aurora Badia, Assistant Director, Public Works Department Thomas L. Flores, Assistant Chief, Fire -Rescue 02- 844 Fire Stations - MEMO - RFQ IMI "..t8.►ai , - 18-71 OF AiTSMS I0- HOPIlLED CO®lRA n ilei- ws. TNR000R 18-77.6 OF ARTICLE two$. NMIM •PROP88SIONAL 98WXC86 CONTBAMOP 00 SECTIONS 18-78 TRROOCR 18-06 OP ARTICLE V. ENTITLED •SALE OF RBROV, OP TSB CODE OP 199 CI'M OF MIAMI, FLORIDA, AS AMENDED, EY x2rMING SAID SECTIONS IN Tsars =mom AND BUBBTITOTING TRERSPOR NEW CODE SECTIONS 18 -SI THROUGH 19-71 AND 16-76 189OU48 18-86, ENTITLED; ARTICLE IV. PURCHASING AND CONTRACTS GENERALLY Is -S1. PROCOREN M ORGANISATION. 18-52. CONTRACTING NETMW AND PROCEDURES. 18-53. TYPES OF CONTRACTS. lS-S4•. QUALIFICATIONS AND DUTIES. 18 -SS. INSPECTION AND DUTIES. 18-58. PUBLIC ACCESS AND INFORMATION. ARTICLE V. SALE OF REALTY 18-78. METHODS AND PROCEDURES FOR SALES AND LEASES. 18-79. APPLICABILITY. 18-80. AUTHORITY TO SELL. 18-81. COMMISSION ON SALE. 18-82. EXPENSES O£ ABSTRACT OF TITLE. 18-63. PAYMENT TO BE IN CASH - CERTIFIED CHECK. 18-84. CITY ATTORNEY RESPONSIBLE FOR CLOSING OF SALE; CONTAINING A RENUMBERING CLAUSE; A REPEALER PROVISION; A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, procurement sections of the City Charter were amended by a referendum held on November 2, 1982, to provide for a modern, comprehensive procurement process for the continued development and vitality of the City; and WHEREAS, the provisions of this amendatory ordinance implement said changes in the Charter Procurement Sections; NON, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: .f 02- 844 - G NU IV., entstled ",PURCNASI CO��TS_ CENTRALLY nand Sections .. i 18-76 through 18-77.,6 of T-ICLF I'v';5..;-ent�lPd-^PROFESSIONAL. SERVICES CONTRACTS"; and Sections 18-78 through 18-86 of APT-ICLP. = V, entitled "SALE OF REALTY.", of the Code o£ the City of Miami, Florida, as amended, are hereby repealed in their entirety, and the following is substituted in their place and stead: ARTICLE IV. PURCHASING AND CONTRACTS GENERALLY "Section 18-51. Procurement Organization. This section provides for the implementation of City Charter — section 52 dealing with the appointment of a chief procurement officer and delineating the duties, functions, and responsi- bilities of such person. Sec. 18-51.1. Chief Procurement officer. The city manager shall designate a chief procurement officer who shall have central authority over implementation of: poli- cies, procedures, regulations and forms governing city con- tracting methods and procedures; types of contracts; qualifi- cations and duties; inspections and audits; disputes and remedies; ethics; and public access and information as set forth in Articles IV (Purchasing and Contracts Generally) and V (Sale of Realty) of this chapter. (a) The chief procurement officer shall submit an annual report on the operation of the city's procurement system to the city manager, together with recommendations for its improvement. (b) Supplies, materials, and equipment in common use by more than one department or used in large quantities by one department may be purchased for central stores or contracted for by the purchasing agent on the basis of the total advance requisitions or estimates previously filed by the department covering its requirements for a future period, to be delivered as i Section 18-72 entitled "Minority vendor procurement program" remains in full force and effect. -2- 02- 844 wh= cti icco.unt shallyb_e rEambursed-b pzia tion of the department reae. ivin9 the same lTenever goods are issued from central stores. (c) The chief procurement..officer, with such submissions as may be required from individual purchasing agents, departments, and offices, shall keep such records as will adequately reflect: leases, specifications, invitations for bids, requests for proposals, bids, offers received, actions taken, final disposi- tions, and the purchase and disposal of all supplies, materials, equipment, and contractual services. (d) The chief procurement officer may delegate any or all duties to individual purchasing agents assigned to city depart- ments or offices, subject to the approval of the city manager. Sec. 18-51.2. General Duties of Purchasing AAgents. City purchasing agents, whether assigned to the chief procurement officer or to individual departments or offices, shall have the following duties, which shall be performed under the general supervision of and subject to the policies, pro- cedures, regulations, and forms issued by the chief procurement officar: (a) To draft or cause to be drafted Invitations for Bids, Requests for Proposals, and other related specifications. (b) To forecast departmental purchase requirements for future periods and to buy in quantities which are most economical for the city. (c) To investigate new products and new sources of supply and to maintain, update, and promulgate lists of qualified bidders and sources of professional services. - (d) To stimulate maximum competition among qualified suppliers of goods and services for the city's business. (e) 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, {;: -3- 02- 844 ft which are not needed 1y a dep=tiient or kffice� to Another department or office which may need them. (g) To submit recommendations to the chief procurement officer concerning the opetation of the city's procurement system. (h) 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. (i) To perform any other duty not inconsistent with existing law or with Articles IV and v of the City Code which may be imposed upon the purchasing agent by the city manager or by the chief procurement officer. Sec. 18-51.3. 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 anv 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. 18-51.4. Stock Reports and Availability. All using departments and offices shall submit to the chief procurement officer, at such times and in such form as he shall prescribe, reports showing stocks of supplies, materials, and equipment on hand awaiting use or disoosal. when a surplus of stock exists, the chief procurement officer may transfer it to any other department or office which has need for it. The chief -4- 02- 844 for public user or to h�ii ge zr~ ode a 3�1` ip far MY! supplies, materials, aad -egz,ipmest.. EXCept k . hO" 4="S.in which the chief procurement officer determine 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 received a 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 debt to be charged to the respective budgets of the departments or offices involved. 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, 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, such sale may be negotiated in accordance with the following procedure and criteria; (a) A11 equipment proposed for sale to sister cities must be declared surplus, following established administrative procedures. (b) The prices negotiated for such sale must be equal to or greater than the prices which would be reasonably antici- pated 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 is equal to or greater than could be expected at a public auction. (c) The negotiated unit price shall not include any transportation or shipping costs, which shall be borne by the sister city. -5- 9572 02- 844 iav=tory for all s ex ,sus. and +ex l?m t _xxi a _-. by, or in the hands of,. all departmente and off4ces•of the city Such system shall be so devised as to assure the proper time and safekeeping of all supplies, materials, and equipment belonging to the city. Responsibility shall be specifically fixed, and any financial loss to the city resulting from the misuse, loss, or other improper disposal of supplies, materials, or equipment shall be borne by the city employee that is deemed responsible by the city manager. Collection of such charges against employees may be made against future salaries or wages or by such other reasonable method as the chief procurement officer may deem proper and as approved by the city manager. Failure of an employee to reimburse the city shall be grounds for immediate dismissal from the city employment. Where responsibility for loss, misuses, or improper disposal of supplies, materials, and equipment cannot be fixed, the chief procurement officer shall so state in writing to the city manager, setting forth the reasons therefor. The chief pro- curement officer shall keep adequate records of all cases in which supplies, materials, and equipment have been lost, misused, or improperly disposed of and in which he has taken action as outlined herein. Sec. 18-51.6. 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 the director of finance certifies that there is to the credit of the using department or office a sufficient unencumbered appro- priation balance, in excess of all unpaid obligations, to defray the cost of such supplies, materials, equipment, or contractual services. Ma 95T2 ' 02- 844 a� d �s'@s�r 4ts3•-�', Y- 5UppIiear materi sr q4 -T? purchases of services, sac1U&&OT' but not -limited to personal, professional, management, and teohn£cal serviceS needed lxy.tb'e `? " city, but not including legal services, shall be made in the manner set forth in this article. The provisions of this article + relating to public notice and competitive methods and procedures shall constitute the rules and regulations called for by sections .j 3(f), 52 and 53 of the charter. (a) Definitions. For the purposes of this Article IV, the following terms shall have the meanings ascribed to them in this section: 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. Practicable means that which may be accomplished or put into practical application. Invitation for Bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids or proposals. Request for Proposals means all documents, whether attached or incorporated by reference, utilized for soliciting bids or proposals. Request for Proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. Responsible Bidder or Offeror means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good -faith performance. Responsive Bidder means a person who has submitted a bid which conforms in all material respects to the Invitation for -7- 95,1 '02- 844 - _- 7..""4. . t into a contrast wSth the'ci g br a ixe oe or aerriaes, - •< directly or indirectly, to the city. --_ public Notice unless otherwise specified herein, public notice of a public hearing shall mean publication of notice of the time, place, and purpose of such hearing in a newspaper of general circulation in the city at least 7 days prior to the hearing. Sec. 16-52.1. Competitive Sealed Bidding. (a) Conditions for Use. Competitive sealed bidding shall be used for the award of all contracts over four thousand five hundred dollars ($4,500) where it is both practicable and advantageous for the city to specify all detailed plans, speci- fications, standards, terms, and conditions so that adequate competition will result and award may be made to the lowest responsible and responsive bidder principally on the basis of price. However, if the city manager makes a written finding, supported by reasons, to the city commission, that competitive sealed bidding methods are not practicable or advantageous, the requirement of competitive sealed bidding may be waived. Such finding must first be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing. (b) Invitations for Bids. An Invitation for Bids shall be issued and 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; -8- 957 &- De5 f 2 1 02- 844 -- 7:tik'$8 � C4- e ? 1it 3L� a3te' �9 -^mow`• included in the g=dWffA 149e4RUOU (3) the contract terms and cPuditionsi.iatln33n5:..` t warranty and bonding or other security require- ments, as applicable; (4) the date, time, and place at which any prebid conferences 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 fifteen 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) Pre -Bid Conferences. Pre-bid conferences may be conducted to explain the requirements of the proposed procurement and shall be announced to all prospective bidders known to have -9- 9572 02- 844 o;BfCroz-s to br.Come -W4*t . *4 the_paogMd groea�ement, tut... sufficiently bef=e #id subm#sid-OP to allow consWeration of the couf erence results in preparing their bids. Nothing stated at a pre-bid conference shall change the invitation for Bids unless a change is made by written amendment. A summary of the conference shall be supplied to all those prospective bidders known to have received an Invitation for Bids. If a transcript is made, it 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 dis- counts, transportation costs, and total or life cycle costs shall be measured objectively. No criteria may be used in bid evalua- tion 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 city manager may reject all bids or may submit recommendations as to the award to the city commission, which may reject all bids. Any contracts awarded shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder. The decision of the Ca5oM 9572 02- 844 Ft6'i�D fCiTm �lIL1, .. _ betlXed with .the_ C tr- Sec. 18-52.2. Comive is $� (a) Conditions for Use. (1) Competitive negotiations 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 offeror whose proposal contains the most advantageous combination of price, quality, or other features. (2) Competitive negotiations shall be used in the pro- curement of personal and professional services except: (i) professional services as defined under Code Section 18-52.3; (ii) personal and professional services where the fee for such services to be performed is less than fifty thousand dollars ($50,000.00); (iii) legal and accounting services; (3) The city manager shall make recommendations to the city commission regarding the procurement of personal and professional services not exempted in subsection (a)(2), above, and in excess of fifty thousand dollars ($50,000.00) and present evidence that he has interviewed at least three individuals or firms possessing the ability to perform such services and that he has obtained information from said individuals or firms relating to experience, qualifications, and the -11- 02 844 - -� -- - the -eityy .cdmagrzd - regaWinq -the• Px4ctwemeat of accounting services and present evidence that he has interviewed at least three individuals or firms possessing the ability to perform such services and that he has obtained information from said individuals or firms relating to experience, qualifications, and the proposed cost or fee for said services; (b) Award. After reviewing the city manager's recommendation, the City Commission may award the contract to the individual or firm recommended by the City Manager or the City Commission may reject such recommendation and, if appropriate, instruct the City Manager to conduct additional interviews and make further recommendations. The decision of the city commission shall be final. All contracts shall be approved as to form and correctness by the city attorney, and a copy shall be filed with the city clerk. Sec. 18-52.3. Professional Services. (a) Conditions for Use. Competitive methods and procedures prescribed in this section shall be used for those services within the scope of the practice of architecture, professional engineering, landscape architecture or of a registered land surveyor in connection with their professional employment or practice. Procurement of technical and management services, unless otherwise provided in Article IV and V of this Chapter, shall be conducted in accordance with the provisions set forth in section 18-52.2. (b) Definitions. For the purposes of this Article IV, the following terms shall have the following meanings: Compensation means the total amount paid by the city for a particular professional service to a provider of -12- .157 2 02- 844 :- - K - pTofesaxateal sesrtYt�s erFtearea;�Yii�%ri�a�'�Ii�r3{'FX-bite procedures of chapter 287, FlOVWa Statastes, as amended, ind4bib-w article, as amended, between the city' a�Sd ii prottdeY`whereby 'the provider provides professional services to the city for work of a specified nature as outlined in the contract required by the city, with no limitation other than a termination clause. Departments and Agencies means departments, instrumentalities, or branches of the city government under the supervision of the city manager. Provider means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, landscape architecture or land surveying. Professional Service shall mean those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered land surveying. Project shall mean that fixed capital outlay study or planning activity described in a public notice of the city pursuant to sections 30 and 34 of the city charter. The city manager shall prescribe by administrative rule, subject to approval of the city commission, procedures for the determination of a "project" as the term is used herein. Such procedures may include: (1) Determination of a project which constitutes a grouping of substantially similar construction, rehabilitation, or renovation activities. (2) Determination of a project which constitutes a grouping of minor construction, rehabilitation, or renovation activities. (c) Applicability. (1) Nothing in this Article IV shall affect the -13- 9572 02- 844 (z) subsrc�acsn •-€.��.:�r�.seS�-;Ti �ri�:: svb:�es�aa.� -.. 18-S2R�ie3 qf-ibis-gxrj�e S7 shai.3 aot .agply..bo - controls .for professional aervicts for a project whose basic construction cost is estimated by the city to be one hundred thousaud dollars ($100,000.00) or less or for a planning or study activity when the fee for professional services is five thousand dollars ($5,000.00) or less. The procedures outlined herein may be dispensed within cases of valid public emergencies so stated in writing by the City Manager. (3) Notwithstanding any other provision of chapter 287, Florida Statutes, as amended, or this section, there shall be no public notice requirement or utilization of the selection process as provided in this Article IV for projects in which the city is able to reuse existing plans from a prior project; however, public notice for any plans which are intended to be reused at some future time shall contain a statement which declares that the plans are subject to reuse in accordance with the provisions of this subsection of section 18-52.3. (d) Public Announcement and Qualification Procedures. (1) Public Announcement. The public announcement required by chapter 287, Florida Statutes, shall be given by the city manager when professional services are required by a city department or office. Such announcement shall be made by publishing the same in a newspaper of general circulation setting forth a general description of the project or projects requiring professional or= 9572 02- 844 (3) Certification. (i) The city commission shall appoint certification committees consisting of not fewer three members, all of whom shall be professionals in the field of endeavor or practice involved. The duty of such certification committees shall be to review the statement of qualifications submitted by each provider requesting certification and to ascertain whether the provider is fully qualified to render the required services according to law and the regulations which the city manager shall cause to be prepared. Among the factors to be considered in waking such review are the capabilities, adequacy of personnel, past performance, and experience record of the provider. The committee may -ls- 957 2 02- 844 a copy of th " may- be'sent toe3Ch ,`- - provider already certified (in manner set forth in subsection (3) of this section) to perform the type of service required and which has requested such notification to be sent to its address. (2) Submission of Qualifications. The city manager shall encourage providers engaged in the lawful - practice of their profession who desire to provide professional services to the city to submit, by January lst of each year, a statement of qualifications. Such statements shall be kept on file with the city clerk and shall be on a form provided by the city manager, who also may require additional information. (3) Certification. (i) The city commission shall appoint certification committees consisting of not fewer three members, all of whom shall be professionals in the field of endeavor or practice involved. The duty of such certification committees shall be to review the statement of qualifications submitted by each provider requesting certification and to ascertain whether the provider is fully qualified to render the required services according to law and the regulations which the city manager shall cause to be prepared. Among the factors to be considered in waking such review are the capabilities, adequacy of personnel, past performance, and experience record of the provider. The committee may -ls- 957 2 02- 844 ' •.- - � ... _._ ns �tCt:iPrk`n . t e "r°t,' �'aks.ao a r facie evieace' aP' gLtaSiseLtso%►r-�tasitaE$ zsti changes in teehaiaai sad prassxvnal ` personnel have occurred since the date of state certification that may affect the firm's qualifications. Certification shall specify the particular category of professional work in which the provider is found qualified. The cer- tification committee shall evaluate the per- formance of each certified provider that seeks to render professional services and shall make such evaluation part of the permanent record to be considered whenever the provider is under consideration. The committee, in making an evaluation, shall give consideration to performance in meeting time schedules required by contracts; performance in administration and in cooperation with others whose services are involved in the project, including the construction contractor; adequacy and capability of personnel; oast record and experience; and such other factors as may be determined by the city commission to be applicable and which factors shall be contained in the regulations which the city commission shall cause to be prepared. Amendments to qualification statements shall be submitted to the city manager by providers immediately after any changes in technical or professional personnel that may affect the -lb- 957-1 02- 844 appointed as follows: (i) Category A Projects. The city commission shall appoint a competitive selection committee for each project in category A. Such committee shall have no fewer than seven members, as follows: one representative of the administrative department which shall have been charged by the city manager with overall responsibility for the project; a maximum number of three representatives of the administrative office or board which shall have been identified by the city -17- 9511% 02- 844 — -provider a the q_ua4gicati.o= of :the t . .- ascertain whether it is stili qualified. If it is found not to be qualified, the committee shall revoke the certification for the particular category of service for which the provider had been previously certified. (e) Competitive Selection Procedures. (1) The decision to engage a provider of professional k' services shall be made by the city commission upon i the recommendation of the city manager. The i commission shall designate the project as either a tcategory A project or a category 8 project. Category A consists of those projects which are of such nature that one or more city commissioners will be recuired to serve upon the competitive s r. selection committee as hereinafter provided. Any project not designated as a category A project , j„ i, shall be deemed a category B project. - + (2) Competitive selection committees shall be appointed as follows: (i) Category A Projects. The city commission shall appoint a competitive selection committee for each project in category A. Such committee shall have no fewer than seven members, as follows: one representative of the administrative department which shall have been charged by the city manager with overall responsibility for the project; a maximum number of three representatives of the administrative office or board which shall have been identified by the city -17- 9511% 02- 844 of fire, rescue, and snspeaticn :cervi-cea, tSr his designee; the director of the finance department, or his designee; the city manager, or his designee; one or more members of the city commission; one or more professionals in the field of endeavor or practice involved. The total number of members on the committee will depend upon the nature and complexity of the project. (ii) Category B Projects. The city manager shall appoint a competitive selection committee for each project in category B. Such committee shall have no fewer than six members, as follows: one representative of the administrative department which shall have been charged by the city manager with overall responsibility for the project; one representative of each administrative office or board which shall have been identified by the city manager as being a principal user of the project, with a maximum number of three such representatives; the supervisor of the building and zoning inspection division of the department of fire, rescue, and inspection services, or his designee; the director of the finance department, or his designee; the city manager, or his designee; one or more professionals in the field of endeavor or practice involved. Further, each member of the city commission is eligible to serve ex officio as a member of the -ls- 02- 844 — - g..: :.ae de n u cr� . Mad all further Vege'Y't 01" t 4k lb& -099. -competitive selection Committeew in -the foll+owkng sections of this article shall be deemed as references to both the competitive selection committee for category A projects and category B projects. (3) The city commission shall appoint as chairperson of the competitive selection committee either the member representing the department or the member representing the principal users) of the project. (4) The chairperson and the project manager, together with the using agency of the project, shall develop criteria for the selection pursuant to section 18-52.3(f) of this Article IV. (5) The competitive selection committee shall evaluate current statements of qualifications and performance data on each provider which has requested consideration for the project and shall select several candidates having the size and technical capabilities most appropriate for the project. The competitive selection committee shall invite no fewer than three providers which are found fully qualified to perform the required services to make presentations to the competitive selection committee in public after due notice. A reasonable time shall be allotted to each provider to make its presentation. In the event fewer than three providers express interest in providing services for the project, the chairperson of the competitive selection committee may either -19- 9572 ' 02- 844 �- SIMr oi (61 The, competitive sei:ectina.=ommiktee shall-e.9,3;IQate each of the candidates in accarda=&' with ttre criteria established and shall identify the most qualified firms in rank order. (7) The competitive selection committee shall report its findings, toqether with supporting infor- mation, to the city manager and shall file a copy of its findings with the city clerk. (8) The city manager shall submit a resolution to the city commission to approve the names of the most qualified providers rank order and to authorize the city manager to enter into negotiations pursuant to section 18-52.3(9) of this article. in the event the city commission does not approve the names of the most qualified providers in the rank order submitted by the city manager, the city com- mission shall either: (i) form a new competitive selection committee from among the commissioners of the city commission; or (ii) appoint a new competitive selection com- mittee; or (iii) authorize the city manager to appoint a new competitive selection committee. The new competitive selection committee shall then identify the most qualified providers for approval by the city commission by following the procedures set forth herein. (9) The public shall not be excluded from the proceedings under this section. (f) Same Criteria; Local Preference. CKIM 02- 844 �a;L€it��x �t.s�rs?�#acrst��-�'ie•a�x'��t 4� professim al willingness to meet brae and bad�pt iegpizements; the recent, current and projected workloads of the providers; the volume of work previously awarded to each providers by the city, with the object of effecting an equitable distribution of contracts among qualified providers; locations of providers; and the capability of the providers to meet any special requirements of the city or other agencies having an interest in the project. (2)When proposals or letters of interest are received pursuant to chapter 287, Florida Statutes, or this article which originate from professional or consulting providers within the city, when and quality, service, qualifications, and criteria dictated by the project are equal, then providers located within the city shall be given preference, with second preference given to providers located within Dade County. This local preference and the distribution of work among providers shall not violate the principle of selection of the most qualified provider for each project. (g) Competitive Negotiations. (1) The city manager or his designee shall attempt to negotiate a professional services contract for the project with the provider which has ranked first for a compensation which the city manager deter- mined to be fair, competitive, and reasonable. In arriving at a compensation figure the manager or his designee shall conduct detailed analysis of the cost of the professional services required and -21- 02- 844 terminate, and negotiations shall be held with the provider ranked third. (3) Should the city manager or his designee be unable to negotiate a satisfactory contract with any of the selected providers, additional providers shall be negotiated with in rank order of competence and qualification until an agreement is reached. The negotiated agreement shall be presented to the city commission for approval, after being approved by the city attorney as to form and correctness. (h) Contingent Fees Prohibited. Each contract for professional services shall contain a prohibition against contingent fees, as required by chapter 287, Florida Statutes. For the breach of violation of this provision, the city commission may terminate the agreement without liability or, at its discretion, deduct from the -22_ 957 2 - 02'- X44 which 'tltr !!�� _2w5-�rp�s�ec� �a 4'eed>;; xixouasantl :� dollars i$50,0004.0010 the -city. Ab#la reml!" 4be -? provider receiving the award to execute a truth -- in -negotiation certificate as required by chapter 287, Florida Statutes. (2) should the city manager or his designee be unable to negotiate a satisfactory contract with the provider that has ranked first at a compensation which he believes to be fair, competitive, and reasonable, negotiations with that provider shall be formally terminated. The city manager or his designee shall then undertake negotiations with the provider which ranked second. Failing accord with such provider, such negotiations shall terminate, and negotiations shall be held with the provider ranked third. (3) Should the city manager or his designee be unable to negotiate a satisfactory contract with any of the selected providers, additional providers shall be negotiated with in rank order of competence and qualification until an agreement is reached. The negotiated agreement shall be presented to the city commission for approval, after being approved by the city attorney as to form and correctness. (h) Contingent Fees Prohibited. Each contract for professional services shall contain a prohibition against contingent fees, as required by chapter 287, Florida Statutes. For the breach of violation of this provision, the city commission may terminate the agreement without liability or, at its discretion, deduct from the -22_ 957 2 - 02'- X44 ...c..9wal u'S. _ dezafiitu� - (i) Balmer oW EroTiaions :�a�r, ta�errt� .cif . katrixc. ,�me�gestc when the city mamm*r certifies that a valid public emergency exists, there shall be no public notice requirement or utilization of the selection process as provided in subsection 18-52.3(4) and subsection 18-52.3(e) of this article. Sec. 18-52.4. Small Purchases. (a) Conditions for Use. All purchases of goods, -supplies, and commodities the estimated cost of which is less than four thousand five hundred dollars ($4,500) may be made using the simplified so -11 -purchase procedures prescribed in this section. (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. Insofar as practicable, no fewer than three sources shall be solicited to submit quotations. An individual purchasing agent may use the bidder lists pre- scribed in section 18-52.1(c) to solicit quotations by mail, by telephone, or by public notice on a bulletin board in the lobby of the City [call. All bids shall be in writing wherever practicable, and the purchasing agent shall keep a record of all such small purchases and the quotations submitted in competition thereon. Such records shall be open to public inspection. (d) Award. In the case of goods, supplies, and commodities commonly and commercially available, the award shall be made to the responsible bidder offering the lowest price, provided, however, that an award of more than one thousand dollars ($1,000.00) shall not be made without the express approval of the city manager. -23- 02- 844 • �-•.•. .:aye:'-cun',ur.,r�cCS�aaPr��v�,etc.+!�rv�,.'�m�^em_enc;.s'�u:,xwee■s?we__.w+.i a£: sealed oompetitive bids, as provided' iWXain,-VW]:ess thee- City manager makes a written finding, supported by reasons, that a valid emergency exists. Such finding must be ratified by an affirmative vote of two-thirds (2/3) of the city commission after a properly advertised public hearing. All contracts for public works or improvements for less than ten thousand ($10,000.00) shall be awarded on the basis of competitive negotiations. Sec. 18-52.6. Emergency Purchases. In case of emergency, it is not advantageous for the city to use competitive bidding methods. Therefore, the city manager may direct the chief procurement officer to purchase directly those goods or services whose immediate procurement is essential to the life, health, welfare, safety, or covenience of the city. Such emergency purchases shall nevertheless be made with such com- petition as may be practicable under the circumstances. In seeking a waiver of competitive bidding methods, 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, with a confirming requisition attached thereto. The city manager may then waive competitive bidding requirements after making a written finding, supported by reasons, that an emergency exists. Such finding must be ratified by an affirma- tive two-thirds (2/3) vote of the city commission. Sec. 18-52.7. Cancellations. The city shall have the right to cancel all Invitations for Bids, Requests for Proposals, or other solicitations before bid opening, proposal submission, or receipt of quotations and to reject all bids, proposals, or offers after receipt. All Invi- tations for Bids, Requests for Proposals, or other solicitations shall contain a reservation of the foregoing rights. In the -24- 1951 02- 844 8' maiEe availd a tw i9teat a cagy-Vie"-�cxs Tn- -tuft .If0t 77 such caaaeilaticn-or rejecting, j6jxh.sharl b a pubic record,: Sec. 18-52.9. 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 circum- stances: (1) where the compatibility of equipment, accessories, or replacement parts permits one reasonable source of supply? (2) where the goods or services available from a single source are needed for trial use or testing; and (3) where the unique and specialized expertise of one source of services is unlikely to be obtained from any other source. (b) Determination and Approval. The determination that an award shall be made on a sole -source basis shall be made by the chief procurement officer to the city manager. 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 con- ditions, including price, as may be offered to other customers or clients by the proposed contractor. The city manager may waive competative bidding after he makes a written finding, supported by reasons, that only one reasonable source of supply exists. Such finding must be ratified by an affirmative two-thirds (2/3) vote of the city commission after a properly advertised public -25- 02-~ 844 intends to awbd te�aatre-cosiraCt sir3 `ppihe. at :- least once in it newspaper -of general o£rou%atfen•in tiie city _= prior to contract award, but In any event at ''least fifteen ~ calendar days shall intervene between the last date of publi- cation and the date of award. Such notices spall state the intention to award a sole -source contract, the nature of goods or services to be acquired, the name of the proposed contractor, 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 submitted by the city manager to the city commission on a quarterly basis to include: (1) the name of the sole -source contractor; (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. 18-52.9. Unified Development Projects. (a) Definitions. For the purposes of this Article IV, the following terms shall have the following meanings: Unified Development Project shall mean a project in which an interest in real property is owned or is to be acquired by the city, which is to be used for the development of improve- ments, and as to which the city commission determines that for the development of said improvements it is most advantageous to the city that the city procure from a private person, as defined in the Code of the City of Miami, one or more of the following -26- 02- 844 C204M 02- 844 (2) p1mminctt fad- _40*19A, or (3) planning and design, construction, acid Management, - or (4) planning and design, construction, leasing and management. (b) Conditions for Use. A unified development project shall be used in those circumstances in which the city commission by resolution determines that for the development of improvements it is most advantageous to the city that the city procure an integrated entity as defined in section 18-52.9(a). So long as the person from which the city procures one of the above-mentioned integrated packages provides all of the functions listed for that package, such person need not provide each listed function for the entire unified development project nor for the same part of the unified development project. (c) Requests for Proposals. A Request for Proposals shall be issued which generally defines the nature of the project, the uses the city is seeking for the project, and the estimated allocations of land for each use. The Request for Proposals shall also include the following - (1) instructions and information to offerors con- cerning the proposal submission requirements, including the time and date set for receipt of proposals, the address of the office to which proposals are to be delivered, the maximum time for proposal acceptance by the city, and any other special information; (2) the specific parcel of land contemplated to be used or the geographic area the city desires to develop; (3) the specific criteria which shall be used to C204M 02- 844 (4) .fie 'aav�t�.oic�s�c�_Ze'ra'1r�3-c� ;6e used. to e-VhIWNta ' campmting iropasa'rs 3:y thz below -mentioned teview sommittet; (5) a statement that written and oral discassions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being ., selected for award, but that proposals may be accepted as submitted without such discussions, (6) a statement of when and how financial considera- tions and return to the city should be submitted; (7) the contract terms and conditions, including warranty and bonding or other security require- ments as may be fixed and applicable; (8) the extent of the city's proposed commitment of funds, property, and services; (9) the definition of the terms substantial increase" and "material alteration" that will apply to the project is accordance with Section 53(e)(iv) of the Charter of the City of Miami; (10) a reservation of the right to reject all proposals and of the right of termination referred to in Section 53(e)(iv) of the Charter of the City of Miami; (11) the, date, time, and place at which any pre - proposal conferences may be held and whether attendance at such conferences is a condition for offering proposals; and (12) the place where any documents incorporated by reference may be obtained. Before issuing a Request for proposals, there shall be t a public hearing, after public notice, at which the commission ) shall consider: -28- n 02- 844 - fizz, whichahz� jAcUile at. #east..: ons firmer. with .7-4 previaas experience in the type of development in question; and (3) the recommendations of the city manager for the appointment of persons to serve on the review committee. Said review committee shall consist of an appropriate number of city officials or employees and an equal number plus one of gmmbers of the public, whose names shall be submitted by the city manager no fewer than five days prior to the above-mentioned public hearing. At the conclusion of the public hearing, the commission shall authorize the issuance of a Request for Proposals, select a certified public accounting firm, and appoint the members of the review committee only from among the persons recommended by the city manager. (d) Developer Lists. Developer lists may be compiled to provide the city with the names of developers who may be interested in competing for various types of city projects. Unless otherwise provided, inclusion or exclusion of the name of a developer does not indicate whether that developer is re- sponsible with respect to a particular procurement or otherwise capable of successfully performing a particular city project. (e) Public Notice. Notice inviting proposals shall be published at least once in a newspaper of general circulation in the city to provide a reasonable time for proposal preparation considering the content and complexity of the anticipated scope of work. In any event, at least fifteen days shall intervene between the last date of publication and the final date for submitting proposals. Such notices shall state the general description of the scope of work, the place where a copy of the -29- 9�'Y yZ 02- 844 proposals from .all, current developers list by senaing_.them -COp es d€_Y•itg oublsu notice to acquaint them with the proposed procahement. (f) Pre-Proposal Conferences. Pre-proposal conferences may be conducted to explain the requirements of the proposed procurement. They shall be announced to all prospective developers known to have received a Request for Proposals. The conference should be held long enough after the Request for Proposals has been issued to allow developers to become familiar with it but sufficiently before proposal submission to allow consideration of the conference results in preparing proposals. Nothing stated at the pre-proposal conference shall change the Request for Proposals unless a change is made by written amend- ment. A summary of the conference shall be supplied to all those prospective developers known to have received a Request for Proposals. If a transcript is made, it shall be a public record. (g) Receipt of Proposals. Proposals shall be opened publicly in the presence of two or more city officials. After the closing date for receipt of proposals, a Register of Pro- posals shall be prepared by the city manager which shall include, but not be limited to, the name of each offeror and a summary description sufficient to identify the project. The Register of Proposals shall be open to public inspection. (h) Minority Participation. The city's minority procurement program shall be referred to in the Requests for Proposals and shall apply to the awarding of contracts for unified development projects. (il 2valuation of Proposals. The procedure for the selection of an integrated package proposal shall be as follows: (1) All proposals shall be analyzed by a certified public accounting firm appointed by the commission based only on the evaluation criteria applicable -30- q572 " IS44 ..... ..... written rep= of 7ijS- .fsstiiiugs to the Cj�tk 7. manager. (2) The review committee shall evaluate each proposal a. based only on the evaluation criteria applicable to said review committee contained in the Request for Proposals. Said review committee shall render far a written report to the city manager of its evaluation of each proposal, including any minority opinions. (3) Taking into consideration the findings of the aforementioned certified public accounting firm, tr the evaluations of the aforementioned review committee, and the degree of minority partici- pation in city contracts, the city manager shall recommend one or more of the proposals for accep- tance by the commission, or alternativelyr the city manager may recommend that all proposals be rejected. If there are three or more proposals and the city manager recommends only one, or if he recommends rejection. of all proposals, the city manager shall state in writing the reasons for his recommendation. in transmitting his recommenda- tion or recommendations to the commission, the city manager shall include the written reports, including any minority opinions, rendered to him by the aforementioned certified accounting firm and review committee. (i) Award. All contracts for unified development projects shall be awarded to the person whose proposal is most advantageous to the city, as determined by the commission. -31- .'0 02- 844 . In the eue t the P10iA # +i 3'n aE am mended by the City X-MMer -or does =rcafi- xejec _ a p pa � • f he _ commission sball seek recommendAticns directly from twe Oove- mentioned review committee, which shall make a recommendation or recommendations to the commission taking into account the report of the aforementioned certified public accounting firm and the evaluation criteria specified for the review committee in the request for proposals. After receiving the direct recommendations of the review committee, the commission shall, by an affirmative vote of a majority of its members,: (1) accept any recommendation of the review committee; or (2) accept any previous recommendation of the city manager; or (3) reject all proposals. All contracts'for unified development projects shall be signed by the city manager or his designee after approval thereof as to form and correctness by the city attorney and approval by the city commission. Section 18-53. Types of Contracts. 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 contract is prohibited. (a) Fixed -Price Contracts. Fixed-price contracts shall ordinarily be used for these 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 -32- 957 2 02- 844 4XE6 (b) w. acmtracts shall f0V thOf-*:plircliises and services or sales and leases where the terms., 00nditi*45, specifications, and other factors of the contract cannot be specified with a high degree of certainty or the ase 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 economic adjustments may be included as appropriate to serve the best interests of the city in achieving the most economical contract performance. (c) Blanket 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 pro- visions of Articles IV and V of this code. Such orders shall state a specific monetary limit which may not be exceeded except on written approval by the chief procurement officer. (d) Multi -Year Contracts. (1) Unless otherwise provided by law, a contract for supplies or services, sales, or leases nay be entered into for any period of time deemed to be in the best interests of the city, provided that the term cf 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 -33- 95Yt 02- 844 7- (2) Prior to the uttlismbion 4a a matimyear contracts 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. (e) 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 determined in writing by 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. (f) All contracts shall be approved by the city attorney as to form and correctness prior to being executed on behalf of the city. Section 18-54. Qualifications and Duties. The city shall attempt to secure the most qualified con- tractual parties in its dealings with the private sector in ac- cordance with the provisions of this section. Sec. 18-54.1. Determination of Responsibility. (a) Prior to contract award, the chief procurement officer or individual purchasing agent shall determine in writing that -34- q572-, 0-2- 844 -have been avardecta rac. _aibnaneax�oPY _: �, the determination and the ceasoas 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 bat 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; (4) qualified legal standing to contract with the city; and (5) compliance in supplyinq all requested information connected with the inquiry concerning responsi- bility. (d) Notwithstanding the aforementioned factors, if a prospective contractual party has been convicted of unlawfully engaging in or conspiring to engage in transactions involving property in which foreign countries or nationals of foreign countries have an interest without such transactions having been specifically licensed by the U. S. Secretary of the Treasury, within the five-year period preceding the scheduled award date of any contract, such prospective contractor shall be considered to be nonresponsible. (e) 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 determi- nation of responsibility may be made upon available information -35- 9572' 35- 9572r. 02- 844 Fruity Qi Retwo-x. Rxd'!sc�A�RenMf"'�' 'r resources by submitting: _.. (1) evidence that the coi2ttAttual party possesses Such necessary resources, (2) acceptable plans to subcontract for such necessary resources; or (3) a documented commitment for, or explicit arrange- ment with, satisfactory sources to provide such necessary resources. Sec. 18-54.2. Prequalifications. Prospective contractual parties may be prequalified as part of the process for compiling bidder lists pursuant to sections 18-52.1(c) and 18-52.2(c). Such prequalification, however, does not necessarily constitute a finding of responsibility for any particular contract award. Sec. 18-54.3. Cost for 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. (b) Price Adjustment. Any contract, change order, or modification shall 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 con- tractual party was inaccurate, incomplete, or not current. (c) Exclusions. Contractual parties need not make available costs or pricing data or certify their accuracv, completeness, and currency when- -36- 02- 844 R: r f2k ate rn a . $ni�+e F base8 o -ea �+#' b.ed cava o or marked Fuses set and offered to the 9ene4Fk1 public or to governmental entities; or (3) the contract price is set by law or regulation; or (4) the city manager determines that such require- ments 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. 18-54.4. Bond of Successful Contractual Parties. In the case of construction contracts 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 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 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 Dade County. The right of rejection of any and all tenders of such surety bonds shall be reserved in all cases, which fact and -37- 02- 844 -; sye+.«+,+�•..w�nne� w�.YFMUEF�.Fh�4-��YP 1�y.4s._�y{— ea�_�—GfftS-aF 3?Lfi�4 sarety tendered' tG- titer moi re -fa le p d a-xt a 'Ri1+e h� C . --,. 3 tfte eatity or ageaay.malesng...smch..teader•=ts.quatiizc=to iIteet-tire Y obligation to be assumed, and shall r -commend 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. 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. 18-55. inspections and Audits. 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. 18-55.1, night 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 such inspections and audits shall include, but not be limited to, concern as to whether standards of responsibility specified in Section 18-54.1 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 contractural 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; --38- 957 02- 844 (8} cwiaic siy.lstriran� _- to section '18 54,i cz _those rel - . &tEd to actions to t� debar or suspend a contractural ;. .:.: party from consideration for award of contracts pursuant to Yp. section 18-56. (c) Books and records relating to performance of city contracts shall be maintained by contractual parties for a period ,r of three years from the date of final payment unless a shorter *F period is authorized in writing by the city manager. Sec_ 18-55.2. Inspections. (a) Solicitations and Contractual Provisions. ?� City contracts shall provide that the city may inspect goods or services at the facilities of the contractural party and perform T; tests to determine whether they conform to solicitation require - V. 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 ;w >! 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. (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 condi- tions upon which the order or contract was based. Any purchasing agent or department may be autho- -39- 95eP, 02- 844 7. (3) The chief -ri-be chemical, physical, and athez gericxmance;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 exper- tise available to evaluate service performance. (c) Conduct of Inspections. Whenever possible, inspections and tests shall be performed so as not to delay unduly or incon- venience 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. 18-55.3. 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 records and for the conduct of audits of all goods or services, sales, or leases under city con- tracts. -46- 95Y 2 02- 844 Section 18-56. Disputes and Legal Remedies. The following procedure shall be used for arriving at early settlement of grievances by interested parties who have partici- pated in the city's procurement process. Sec. 18-56.1. Resolution of Protested Solicitations and Awards. (a) Right to Protest. Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest to the chief procurement officer. The protest shall be submitted in writing within fourteen days after such aggrieved party knows or should have known of the facts giving rise to the action complained of. (b) Authority to Resolve Protests. The Chief procurement officer shall have the authority, subject to the approval of the 9572 pFW- 844 � -Accaua _ 77 r nit -• poUztes or. -cost stems, (21) a substantial change in the methods or levels of operations; (iii) previous unfavorable experience indicating doubtful reliability of estimating, account- ing, or purchasing methods; (iv) a lack of cost experience due to the procure- ment of a new supply or service; or (v) 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 unduly to 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. Section 18-56. Disputes and Legal Remedies. The following procedure shall be used for arriving at early settlement of grievances by interested parties who have partici- pated in the city's procurement process. Sec. 18-56.1. Resolution of Protested Solicitations and Awards. (a) Right to Protest. Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest to the chief procurement officer. The protest shall be submitted in writing within fourteen days after such aggrieved party knows or should have known of the facts giving rise to the action complained of. (b) Authority to Resolve Protests. The Chief procurement officer shall have the authority, subject to the approval of the 9572 pFW- 844 Provided that in cases inxe�Lvicpg mare .than $6it11, cecasinns_ of the chief procaremeat officer must be agproved by the city J commission after a recommendation by the city attorney and city manager. The chief procurement officer shall obtain the requsite approvals and communicate his decision, to the protesting contractual party or alternatively if the amount involved is greater than $4500, submit decision to the city commission within thirty days after he receives the protest. (c) Compliance With Time Requirements. Failure of an aggrieved party to submit a protest within the time provided in subsection (a) above, shall constitute a forfeiture of such party's right to complain and shall bar any legal action therefor by such party. Failure by the city officials to comply with the time requirements provided in subsections (b) shall entitle the aggrieved party, at its option, to bypass the provisions of this section and institute legal action immediately. Sec. 18-56.2. Resolution of Contract Disputes. (a) Authority to Resolve Contract Disputes. The city 1 b manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the a ' 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 $4500, 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 -42- 'a572 " ®c! W- 844 .. fihe ptakes�#►3-iLx�'�"�T`v'�r?d�ti�?to�t'C��'`� 7��b -...� to seek judiai al. reliefs. paosrift Rett not be entitled to succi judicial relief withou-t,first hating followed the procedure set forth in this section. Sec. 18-56.3. 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 or revised to comply with the law. Sec. 18-56.4. Debarment 6 Suspensions. (a) Authority and Requirement to Debar and Suspend. After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to 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 contractor from const deration 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 subcontracts -43- 02- 844 _7 &7M 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 acts beyond the control of a party shall not be considered a basis for debar- ment or suspension: (5) debarment or suspension of the contractual party by any Federal, State, or other governmental entity; (6) false certification pursuant to paragraph (a) below; or (7) 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 -44- 95TO 02- 844 tiur"s�f�aabaurl i�W�x—�' to seek judicial' relief. s Sea. 18--57. Ethics. Contracting for goods, services, sales, and leases is to be deemed a public trust performed on behalf of the citizens of the city. Any attempt by city employees to realize personal gain by conduct inconsistent with proper discharge of contracting 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. Section 18-58. Public Access and Information. The public shall have access to all documents and infor- mation pertaining to city contracts, subject to the provisions of law. ARTICLE V. SALE OF REALTY Sec. 18-78. Methods and Procedures for Sales and Leases. Any sale, conveyance, or disposition of any interest, including any leasehold in real property, owned by the city, the off-street parking department, or the downtown development authority shall be made in the manner set forth in this section, and said sale, conveyance, or disposition shall be conditioned upon compliance with the provisions of this Article V. nothing in this section shall be construed to waive the special requirements for leases and contracts of waterfront property provided else- where in this Code or in the city charter. Sec. 18-78.1. Competitive Sealed Bidding. (a) Conditions for Use. Competitive sealed 'bidding shall be used in those circumstances in which it is practicable and advah- tageous for the city to specify all detailed plans, specifics- -45- 02 844 Q'f.-by,. ' fir award may be ftffLL to-ths kt3S? o*ff tUVUff ib bidder. In all other insta ees the -t6 4101 i e A pnb�.-iraatxce required prior to the sale or disposition of City owned properly in order to allow potential purchasers to compete. (b) Invitations for Bids. An Invitation for Bids shall include, but not be limited to, all relevant items stipulated in section 18-52.1(b), as well as all information necessary to describe the particular property interest owned or to be acquired and disposed of, including any conditions or restric- tions upon the use of such property. (c) Public Notice. Notice inviting bids shall be in accordance with the provisions of section 18-52.1(d). (d) Pre -Bid Conferences. Pre-bid conferences to discuss the contemplated purchase or disposition of property interest may be held in accordance with provisions of section 18-52.1(e). (e) Bid opening. Bid opening shall be in accordance with the provisions of section 18-52.1(e). (f) Bid Acceptance and Evaluation. Bid acceptance and evaluation shall be in accordance with the procedures established by the chief procurement officer. (g) Award. The city manger shall submit recommendations as to the award to the city commission, which may reject all bids. The contract shall be awarded with reasonable promptness by written notice to the responsible and responsive bidder whose bid offers the city the highest total compensation from the proposed sale, lease, conveyance or other disposition, as the case may be. The decision of the city commission shall be final. All contracts shall be approved as to form and correctness by the city attorney, and a copy shall be filed with the city clerk. Sec. 18-78.2. Emergency Conveyances. (a) Declaration of an Emergency. The city commission or -46- 95 02- 844 �reSO�bt�ioXC tion to. the Wiest rser�s_x-as�hrs-nom rir+fang_ gcoaedare. the city manager, the directer.trf t+hE fiestree parking department, or the director of the downtown development authority, as appropriate, must make a written finding, sup- ported by reasons, that a valid emergency exists. Such finding must be ratified by an affirmative vote of two-thirds of the city commission or applicable board, after a properly advertised public hearing. In such event the city manager, the director of K, the off-street parking department, or the director of the downtown development authority, as appropriate shall solicit as many proposals as practicable for the sale, lease, or conveyance or disposition of the property. The commission or applicable board, as appropriate, shall accept the proposal that is most advantageous. Sec. 18-78.2.1 Sales to Only Possible Bidder. The requirement of competitive bidding may be dispensed with upon a written finding by the city manager that such methods would be futile for the reason that only one possible bidder could be chosen. In those instances the property shall be sold for the amount and in accordance with the procedure outlined in Sec. 18-80(3) of this Article. Sec. 18-78.3. Cancellations. The city, the off-street parking authority, and the downtown development authority shall have the right to cancel all Invita- tions 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 chief procurement officer shall promptly notify all affected bidders or offerors and make available to them a copy of the written explanation for -47- 95'x'2. 02- 844 FTxth tfte' €"Kseg£icsr ,�_t'h� -�egsl3e�e�=-� 7uk�e�3•��?a prior to sale of real property, as afttAlnta sn 'spbgeAkigt[s 18-52.1(d) of Article I0, the provisions contained elsewhere in • this article are not required to be followed in effecting the i sale, conveyance, or disposition of real property owned by the off-street parking authority or the downtown development authority. Sec. 18-80. Authoritp to Sell. The city manager is hereby authorized to instruct the chief procurement officer to sell any real property owned by the city s not needed for public use or that may have become unsuitable for use by any city department, provided that: j(1) such property cannot be leased so as to produce frevenue to the cityi ° (2) such property shall have first been offered for i sale at its appraised value to Metropolitan Dade County and to the Dade County School Board; a (3) such property shall not be sold for less than its appraised value, unless express authority is given by the city commission. For purposes of this section, appraised values shall be those } determined by at two independent appraisers, both of whom shall be members of the American Institute of Real Estate Appraisers, unless said appraisers cannot agree on value, in which case the higher value shall be deemed the appraised value. Sec. 18-81. Commission on Sale. The city will pay a real estate percentage commission of five percent on all real estate sold by the city whenever a bid is made at a private sale through the efforts of a broker and the _98_ 95�� 02- 844 s5 Ser. a--82- Ex ellses :3khsCtatE sof is = The director Of fivastce is adthOr1Ze& to pay for a. expense of updating or obtaining as abstract of title on all property sold by the city, to be paid out of the sale price of - the property. Sec. 18-83. Payment to be in Cashr Certified Check. Terms are deemed to be all cash at time of closing. All costs involved in the sale of the property shall be the responsi- bility of the buyer, with the exception of the abstract and all customary prorations of prepaid or delinquent costs. Buyer may pay cash, by cashier's check, by certified check, or by a combination thereof. ! Sec. 18-84. City Attorney Responsible for Closing of Sale. It shall be the responsibility of the city attorney to effect the closing of any city property which is sold under this article. Sec. 18-85. Disposition of Proceeds from Sale. All money received from sales under this article shall be 6 r delivered over to the director of finance in accordance with the z S city charter. J�J Sec. 18-86. Safeguards. j (a) All persons contracting with the city under Chapter 15, Articles IV and V, shall be required to certify their compliance with the anti-trust laws of the United States and of the State of Florida and to hold harmless, defend, and indemnify the city for any non-compliance by said persons with the above laws. (b) All persons contracting with the city under Chapter 18, Articles IV and V, shall be obligated to pay whichever is the greater of the followings (1) all applicable ad valorem taxes that are lawfully assessed against the property involved or (2) -49- 957 2' 02- 844 any. revenues aco2usng td: the cff}? ucder_agy caAtssx►gk Chat any ._.: awarded ander this section. (c) Any proposal submitted pursuant to Chapter 18, ArticIns IV and V, by a potential bidder or contractor that contemplates more than the estimated extent of the city's proposed commitment of funds, property, or services shall be ineligible for accep- tance by the city commission. (d) Any substantial increase in the city's commitment of funds, property, or services, or any material alteration of any contract awarded for a unified development project shall entitle the city commission to terminate the contract after a public nearing. Prior to such public hearing, the commission shall seek and obtain a report from the city manager and from the review committee that evaluated the proposals for the project, concern- ing the advisability of exercising that right. Section 2. 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, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; the word "ordinance' may be changed to *section*, "article', or other appropriate word. Section 3. All ordinances or parts of ordinances in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 4. 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. PASSED ON FIRST READING BY TITLE ONLY this 13th day of January , 1983. PASSED AND ADOPTED AND SECOND AND FINAL READING BY TITLE _50- 9572 02- 844 02-n 84