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Home My WebLink AboutO-11072J-93-334 6/15/93 ORDINANCE NO. 11072 AN ORDINANCE AMENDING SECTION 18-56.1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY AMENDING CERTAIN SUBSECTIONS PERTAINING TO: (A) RIGHT TO PROTEST, (B) AUTHORITY TO RESOLVE PROTESTS, (C) COMPLIANCE WITH TIME REQUIREMENTS, AND ADDING NEW SUBSECTIONS PERTAINING TO: (D) STAY OF PROCUREMENTS DURING PROTESTS, (E) COSTS, AND (F) BOND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 18-56.1 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars:l/ "Sec. 18-56.1 Resolution of protested solicitations ant. awards. (a) Right to protest. Any actual or prospective proposer who feels perceives itself aggrieved in connection with the solicitation or award of a contract or any Prospective bidder who intend to contest bid specifications or a responsive ve and responsible bidder whose bid is lower than that of the recommended vendor may protest to the chief procurement officer. ThL- A notice of protest shall be submitted in writing to and received by the chief procurement officer within fourbeen two ( 2 ) days after 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. 11072 by the chief procurement officer within five 5 days after the date the notice of protest was filed. 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. The formal written protest shall state with particularity the facts and law upon which the protest is based. (b) Authority to resolve protests. The chief procurement officer shall have the authority, subject to the approval of the city manager and the city attorney, to settle and resolve a any formal written protest of an actual or prospeetive contractual party the so!icitation or award of the Provided that -iIn cases involving more than four thousand five hundred dollars ($4,500.00), the decisions of the chief procurement officer must be approved-b-y submitted for approval or disapproval thereof to the city commission after a favorable recommendation by the city attorney and the city manager. The chief procurement officer shall obtain the requisite approvals and communicate said decision to the protesting contract._ .' party; or alternatively if the amount involved is greater than four thousand five hundred dollars ($4,500.00), shall submit said decision to the city commission within thirty (30) days after he/she receives the protest. (c) Compliance with time requirements. Failure of a a-n-aIJ 'Ji eyed party to submit a timely file either the notice of protest or the formal written protest with the chief procurement officer within the time provided in subsection (a) above, shall constitute a forfeiture of such party's right to complain and shall bar any legal aetion therefor by such party file a protest pursuant to this section. Failure- by the .�Q-17.7r.G-1.1 V11.7 1&.1) .7116.i11 G -- -----IJIJ---v -- tl--..j, ftt its option, to bypass the provis tions of this 2 11072 (d) Stay of procurements during protests. Upon receipt of a notice of protest which has been timely filed under subsection (a) above, 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) Bond. The formal written protest must be accompanied by a bond payable to the City in an amount equal to one (1) percent of the amount of the bid or contract or five thousand dollars ($5,000), whichever is less, which bond shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. In lieu of a bond, the chief procurement officer may accept a cashier's check or money order in the amount of the bond. If a protest is upheld by the chief procurement officer and or the city commission, as applicable, the bond shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied the bond shall be forfeited to the City in lieu of payment of costs that might be assessed for the administrative proceedinqs as prescribed by subsection (e) above." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance, are hereby repealed. Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. - 3 - 11072 PASSED ON FIRST READING BY TITLE ONLY this 13th day of May, 1993. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 8th day of July , 1993. ATTEST: CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QU JgN%s, III CITY ATTO CLL:ra:Ml 30 XAVIfi;R L. SUARE�, MAYO -4- 11072 CITY OF MIAMI, FLORIDA 2 INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE June 10, 1993 FILE of the City Commission • SUBJECT Amendment to Code Section 18-56.1 Second Reading FROM &Att nes, III REFERENCES Citney ENCLOSURES: It is respectfully recommended that the City Commission adopt an ordinance amending Section 18-56.1 of the Code of the City of Miami ("Resolution of protested solicitations and awards"). The amendments would provide for the following: 1. Limit the number of protests because the only parties that may file a protest with regards to an invitation to bid is a party protesting the bid specifications or a bidder who --has been deemed to be responsible and responsive, and his bid is lower than that of the recommended vendor. Protests dealing with requests for proposals would continue to be treated the same as before. [Subsection (a)]. 2. The time requirement for filing a protest has been shortened considerably. A notice of protest is to be filed within two (2) days and a formal written protest is to be filed within five (5) days after the notice of protest is filed. Failure to file the notice of protest and/or the follow-up formal written protest will result in a dismissal of the protest. [Subsection (a)]- 3. Reduce the number of frivolous protests by requiring (a) a bond from the protester in an amount equal to 1% of the amount of the bid or contract or $5,000, whichever is less, (b) forfeiture of the bond if the protest is denied and (c) payment of all costs by the protestor. [Subsections (e) and (f)]. In general, the filing of a notice of protests would halt the procurement process until the controversy is resolved. In order to allow essential governmental functions to continue subsection (d) provides that the City administration may proceed with the solicitation or award of the contract, despite the protest, upon a written determination by the City Manager that such action is necessary. AQJ:CLL:ra:P198 CP1.01 / 11072 cit-tv of �iami C,q\ O/ , MATTY HIRAI City Clerk ' August 30, 1993 Mrs. Priscilla Domenech Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Domenech: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11068 11071 11072 11073 11074 11076 11077 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk B Y : 11�'�C- — ------ ' UEPUTY UTT$ ZL RK RECEIVED BY: DATE• MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 332334)M/(305) 2WS360 Q.Tit-v of �laml Of MATTY HIRAI City Clerk y Q' August 30, 1993 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11068 11071 11072 11073 11074 11076 11077 If I can be of any further assistance, please do not hesitate to call. Very truly 1 Valerie Greenwood Deputy City Clerk Enc. a/s OFFICE OF THE CITY CLERK/35W Pan American Drive/P.O. Box 330700/Miami, Florida 33233-0706/(305) 2SO-5360 01.14-tv of �tamt . 01 MATTY HIRAI r3 City Clerk August 30, 1993 Katherine Fernandez Rundle, Esq. State Attorney 1351 N.W. 12th Street Miami, FL 33125 Dear Ms. Rundle: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11068 11071 11072 11073 11074 11076 11077 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk B Y :t� DRRUTY-7- TY Z` ERK--�3 RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330706/Miami, Florida 33233.0706/(305) 2WS360 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI Ordinance No. 11072 In the ............. X. X.. X .................. Court, was published in said newspaper in the Issues of August 2, 1993 Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of rtisement; and affiant further says that she has nalthqFpsidl nor promised any person, firm or corporation any qIscou9R, rebate, commission or refund for the purpose of 94puriro this advertisement for publication in the said Sookie Williams personally known to me. •'�: OAF ;�•'1�� OFFICIAL NOTARY SEAL OCTELMA V FEReEYRE COMMISSION NO, CCO21343 14YCOMN16SION EXP JULY 9,1994 -CITY Or P14810h All Interested,persons will talcs notice thA on the fft 4M of July, im the City Coekrllsafoit of Mlunt, Florift sdopted the tms g,� resAr btlt�paCt�d by ttre prrtiwtsaE tas Olfa�Drof the CHIT Cimk, MW Pah AmolIM- Drhn. Mlsa* l A*K-MWWW through-F Way. axctud ,* ho►ide^ bate Mft the flows pA ind 5:W Pm. MAITTY MIRAI CITY"CLERK' CITY OF 1AAM1, FLORIDA 934400M n r''''.. 10 00