HomeMy WebLinkAboutR-93-0496J-93-551
7/22/93
RESOLUTION NO. 9 3- 496
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WHEREAS, Title II of the Americans with Disabilities Act ("A.D.A.")
requires public entities to make their programs and aotivities accessible to
persons with disabilities; and
WHEREAS, the City of Miami., pursuant to the A.D.A., has prepared a
survey and transition plan to make the programs and activities held at the
Orange Bowl Stadium more accessible to persons with disabilities; and.
WFIEREAS, the City Manager's written finding ng that the Orange Bowl A.D.A.
Accommodation Project constitutes a valid public emergency as the stadium must
comply with Title II of the A.D.A. to make its programs and activities
accessible to persons with disabilities; and
CITY COMMSSION
MEETING OF
JU1, 2 2 1993
Resolution No.
93- 496
Al)
WHEREAS, Section 18-52.6 provides for the emergency procurement of
required goods and services in connection with public works projects and
improvements; and
WHEREAS, after receipt of informal bid contracts for said services,
equipment, goods and/or materials, an award will be made to the lowest
responsive and responsible bidder(s) by the City Manager; and
WHEREAS, fuirls to cover the project costs are available from the
FY '92-93 Operating Budget to be repaid from Orange Bowl Capital improvement
Funds in an amount not to exceed $312,520.00;
Section 1. The recitals and findings contained in the Preamble to
this Resolution are hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
Section 2. The City Manager's written finding that a valid public
emergency exists to comply with the Americans With Disabilities Act ("A.D.A.")
for the completion of the Orange Bowl A.D.A. Accommodation, Project is hereby
ratified, approved and confirmed and formal competitive bid and selection
procedures
for the
aoqui.sition of such services,
equipment, goods
and/or
materials
as may be
required for the completion of
said project are
hereby
waived by are affirmative vote of four -fifths of the Members of the City
Commission.
Section 3. The City Manager is hereby authorized to accept the
lowest responsive and responsible bid(s) for necessary improvements, services,
equipment, goods and./or materials for said project, with funds therefor,
hereby allocated in an amount not to exceed $312,520.00, from the FY '92-93
Operating Budget to be repaid from Orange Bowl Capital Improvement Funds.
-2- 93- 496
Section 4.
The City Manager is hereby authorized`/ to execute
and/or issue the necessary documents, in a form aooeptable to the City
Attorney, with the successful. bidder(s).
Section 5. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 22nd day of MY 1993.
ATTEST: ,. VIER L. sgAm, MA
tOR
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MA M . ABELI,A
ASSISTANT CITY ATTIOPOW
BSS:M3754
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The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
-3-
93- 456
` JOL-;fig-a;? T H U l5: 077 p1JBL r l��lPYS FAX NO, 5 �,GG-V 1 B. 0
GITY OF MIIANV, FLOF41DA
INTER -OFFICE MEMORANDUM
TO: FILE �p.,,: .
suajeci
FROM : Cesar H. Odlo -F r_'RENCcS .
City Manager
f•!L.E
Emergency Finding: waiver
of Formal FJi.d proceduree
and Competitive Selection
for the Orange Bowl A , D , A.
Accommodation Project
This meworandum servos ar, the writt.e:: f i.ndin,g oL a valid ptalalic
eivergenoy for the Orartge Bowl A,D.A. itIccorim-todation Project.
This finding iz based upon the f of l owing -t
1) To compLy with Title it of the Americans with
Disabilities t'3,ct (A.0- ,) which requires public entities
to make their program) a.nd ar, tivities accessible to
persons with disabilitie,• .
2) Tho, City leas al.lo::ated a total of $312,520.00 for the
Orange Brawl A. D.A. Accommodation, Project from the F Y' 93
Operating F+-tdget to be repaid from the Orange Boia1 Capital
improvement Fund. 'x}v pro jwct con.sists of furnishing
labor, equipment and materials to upgrade the stadium
office, the picnic area., restroom aizd concession and to
provide new restroonts, parking spaces and signage.
3) There it a rrf to tea 1. a, -Id - ed to make the
programe and activities es held at the Orange Bowi Radium
more accessible to persons with di$dbilities. By
hastening the pace -,f lengthy procurement and other
administrative processes, -these needs caft be addressed.
4) Adherence try nor'r a'l p.r.ocL..l•erijetit proredures for thie
project goal. ^,mliose a 5ignificaritw harehip on the City and
the health, safety and welfare of its citizens and to the
convenience of municipal affairs.
in order to initiate it.iate and c olApl.et.e ia�laxoUpments in a timely manner,
f urmai compet i.t ive sealed bid pzocedures shall be waived .for the
procu.rerjent of goods and services required for this project,
iiuyeua��t 1:U Secf 9.otzs 18-�52.5 and s 8-�52 , 6 of t;�e C,it y Code.
Informal bids shall by obtained for construction services,
materials, furnishings, a:r.d/or equ .pment and shall. be awarded by
the City Manager to then lowest responsive and responsible bidder.
93- 496
0
ORANGE BOWL A.D.A. COMPLIANCE
1. Jpgrading.nf Picnic Area1ti,UJ0.ti0
Reetroom 3c Ccncesaion
Z. Handicap. fleatrcoma (Ground Leval) A5,p00.�JCi
1 .- Men (4 toilets,)
1 - Women (4: toilets)
3. Parking LA (West. End) 80,OUA,QO
40 Parking spaces
e4. Curb Cuts (.57) 34,230.OU
5. Signagc 15,UQ0.00
6. Stadium office Alteration 20,000.00
7. Special Provisions, 261920.i',0
Sub Total $ 276,120.00
8. ,Engipeering & Construction & Administration �.. 36.400.00
TOTAL $ 3120520.00
93- 496
TO : Many Hir&i
City Clerk
Lall
FROM : ��j erly 414_rxa�
►Solomon
Legislative Coordinator
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE : FILE
August 9, 1993
SUBJECT : Orange Bowl A.D.A.
Aocommnodation Project
REFERENCES: Resolution No. 93-496
July 22, 19M
ENCLOSURES:
(2)
Please place the attached memoranda concerning the Orange
Bowl A.D.A. Accommodation Project in your backup files for the
City Commission Meeting of July 22, 1993.
The Non -Scheduled Agenda Item, adopted as Resolution
No. 93-496, refers to "the written findings of the City Manager",
which is addressed in said memoranda.
BSS:P903
oc: Waldemar Lee, Assistant City Manager
Irma M. Abella, Assistant City Attorney
Christopher F. Kurtz, Assistant City Attorney
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93- 49C
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members DATE:
of the City Commission
SUBJECT
FROM v'�� Ce�Jt�iy1 i'k 17) REFERENCES:
Cesar H . Odio ENCLOSURES:
City Manager
RECOMMENDATION
FILE :
Resolution Waiving Formal
Competitive Bid Procedures
for the ORANGE BOWL A.D.A.
Accommodation Project
It is respectfully recommended that the City Commission adopt the
attached resolution waiving formal competitive bid and selection
procedures for the acquisition of such services, equipment, goods
and/or materials as may be required for the completion of the
Orange Bowl A.D.A. Accommodation Project, authorizing the City
Manager to enter into a contract on behalf of the City with the
lowest responsible and responsive bidder and allocating funds to
cover the project costs from the FY193 Operating Budget in an
amount not to exceed $312,520.00.
BACKGROUND
In order to comply with Title II of the Americans with
Disabilities Act (A.D.A.), which requires public entities to make
their programs and activities accessible to persons with
disabilities, the City of Miami has prepared a survey and
transition plan for the Orange Bowl Stadium.
The Department of Public Works has determined that it is now
appropriate and in order for the. City Commission to ratify the
City Manager's finding that the Orange Bowl A.D.A. Accommodation
project constitutes a valid public emergency which requires the
immediate procurement of the required services, material, good
and/or equipment to ensure additional access to programs,
services and activities to all persons with disabilities.
Funds to cover the project costs are available from the FY'93
Operating Budget to be repaid from the Orange Bowl Capital
Improvement Fund in an amount not to exceed $312,520.00.
Attachment:
Proposed Resolution
9 3 - 4%(�f3
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: FILE DATE
SUBJECT .
�s!
FROM : Cesar"H. Odio REFERENCES
City Manager
ENCLOSURES:
FILE :
Emergency Finding: Waiver
of Formal Bid Procedures
and Competitive Selection
for the Orange Bowl A.D.A.
Accommodation Project
This memorandum serves as the written finding of a valid public
emergency for the Orange Bowl A.D.A. Accommodation Project.
This finding is based upon the following:
1) To comply with Title II of the Americans with
Disabilities Act (A.D.A.) which requires public entities
to make their programs and activities accessible to
persons with disabilities.
2) The City has allocated a total of $312,520.00 for the
Orange Bowl A.D.A. Accommodation Project from the FY'93
Operating Budget to be repaid from the Orange Bowl Capital
Improvement Fund. The project consists of furnishing
labor, equipment and materials to upgrade the stadium
office, the picnic area, restroom and concession and to
provide new restrooms, parking spaces and signage.
3) There is a critical and immediate need to make the
programs and activities held at the Orange Bowl Stadium
more accessible to persons with disabilities. By
hastening the pace of lengthy procurement and other
administrative processes, these needs can be addressed.
4) Adherence to normal procurement procedures for this
project would impose a significant harship on the City and
the health, safety and welfare of its citizens and to the
convenience of municipal affairs.
In order to initiate and complete improvements in a timely manner,
formal competitive sealed bid procedures shall be waived for the
procurement of goods and services required for this project,
pursuant to Sections 18-52.5 and 18-52.6 of the City Code.
Informal bids shall be obtained for construction services,
materials, furnishings, and/or equipment and shall be awarded by
the City Manager to the lowest responsive and responsible bidder.
93- V(A
9
1 1842.1 FINANCE 4 18.52.1
Sec. 18-52.1. Competitive sealed bidding.
(a) Conditions for use. Competitive sealed bid.
ding shall be used for the award of all contracts
over four thousand five hundred dollars ($4,500.00)
where it is both practicable and advantageous for
the city to specify all detailed plans, specifica.
tions, standards, terms and conditions so that ad-
equate 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, sup-
ported by reasons, to the city commission, that
competitive sealed bidding methods are not prac-
ticable or advantageous, the requirement of com-
petitive sealed bidding may be waived. Such find-
ing 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 con-
cerning the bid submission requirements, in-
cluding 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;
(2) The purchase description, qualification factors,
delivery or performance schedule, and such
inspection and acceptance requirements as
are not included in the purchase description;
(3) The contract terms and conditions, including
warranty and bonding or other security re-
quirements, as applicable;
(4) The date, time and place at which any prebid
conference may be held and whether atten-
dance 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 provid-
ed,, inclusion or exclusion of the name of a busi-
ness does not indicate whether, that business is
8upp. No. 26
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 (15)
calendar days shall intervene between the last
date of publication and the final date for submit-
ting bids. Such notice shall state the general de-
scription 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 open-
ing of bids. In addition, the chief procurement
officer may solicit bids from all responsible pro-
spective suppliers listed on a current bidders list
by sending such bidders copies of the notice to
acquaint them with the proposed purchase.
(e) Prebid conferences. Prebid conferences may
be conducted to explain the requirements of the
proposed procurement and shall be announced to
all prospective bidders known to have received an
invitation for bids. Conferences should be held
long enough after the invitation for bids have
been issued to allow offerors to become familiar
with the proposed procurement, but sufficiently
before bid submission to allow consideration of
the conference results in preparing their bids.
Nothing stated at a prebid conference shall change
the invitation for bids unless a change is made by
written amendment. A summary of the confer-
ence 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.
(fl 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
(1) 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 cri-
1201
93- 426
11"2.1
MIAMI CODE
teria to determine acceptability such as inspec-
tion, quality, workmanship, delivery and suitabil-
ity for a particular purpose. Those criteria that
will affect the bid price and be considered in evalu-
ation for award, such as discounts, transportation
costs, and total or life cycle costs shall be mea-
sured objectively. No criteria may be used in bid
evaluation which were not set forth in the invi-
tation 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 city commission shall be final. All
contracts shall be approved as to form and cor-
rectness by the city attorney, and a copy shall be'
filed with the city clerk. (Ord. No. 9572, § 1,
2-10-83)
City code cross reference —Competitive sealed bidding
for sales of real property, § 18.78.1.
Annotations —Code 1967, § 16.21, a predecessor of current
§ 18.52.1, referred to contracts involving personal property
and services and to purchases of personalty, but had no con-
nection whatsoever with contracts for or the sale or purchase
of real property. Cleary v. Dade County, 160 Fla. 892, 37 So.
2d 248.
An agreement by the city to transfer Jackson Memorial
Hospital to Dade County, Florida, to be operated by the trans-
feree, was not within the intent of that section. Id
Former section held not applicable to lease of building con-
taining restaurant for period of five years. Mahoney et al. v.
Givens et al., 64 So. 2d 926.
ic. 18.52.2. Competitive negotiations.
(a ondations for use.
(1) Co 'tive negotiations shall be used -in those
circ ces in which it is both practicable
and advan eous for the city to consider a
range of oo plans, specifications, stand-
ards, terms and ditions so that adequate
competition will red and award be made
not principally on the is of price, but to
the offeror whose proposal tains the most
advantageous combination o 'ce, quality
or other features;
(2) Competitive negotiations shall be the
procurement of personal and professio
vices except:
Supp. No. 26
§ 1"2.3
Professional services as defined under Code
section 18.52.3;
Personal and professional services where
the fee for such services to be performed
Lis less than fifty thousand dollars ($50,-
and accounting services;
(3) 7�ecei
manager or the city manager's des-
s all make recommendations to the city
commi\propos
garding the procurement of per-
sonal fessional services not exempted
in sub(ax2), above, and in excess of
fifty thdollars ($50,000.00) and present
evidenhe has interviewed at least three
(3) indor firms possessing the ability
to perfh services and that he has ob-
tained tion from said individuals or
firms g o experience, qualifications
and ths cost or fee for said services;
(4) The city manager all
to the city commi for
ment of accountin st
dence that he has i t
(3) individuals or fir
to perform such ser
tained information ft
firms relating to exF
and the proposed cost
make recommendations
, regarding the procure-
rvices and present evi-
Brviewed at least three
s possessing the ability
es and that he has ob-
said individuals or
e 'ence, qualifications,
o ee for said services.
(b) Award After reviewin he city manager's
recommendation, the city com ssion may award
the contract to the individual or recommended
by the city manager or the city ommission may
reject such recommendation an if appropriate,
instruct the city manager to con uct additional
interviews and make further rec endations.
The decision of the city commission all be final.
All contracts shall be approved as o form and
correctness by the city attorney, and copy shall
be filed with the city clerk. (Ord. No. 572, § 1,
2-10-83; Ord. No. 10231, § 1, 3-13-87)
* See. 18.52.3. Professional services.
(a) Conditions for Use. Competitive methk
procedures prescribed in this section shall
for those services within the scope of the pof architecture, professional engineering, Ian
architecture or of a registered land surve
/ / 4 � t 1202
1 18-52.3 FINANCE § 18.52.7
otherwise recover the full amount of such fee,
commission, percentage, gift, or consideration.
(i) Waiver of Provisions in Event of Public Emer-
cy. When the city manager certifies that a
v d public emergency exists, there shall be no
pu is notice requirement or utilization of the
sel on process as provided in subsection 18.52.3(d)
and bsection 18-52.3(e) of this article. (Ord. No.
9572, 1, 2-10-83)
AnnoN
A management contract between city and lim.
ited parp was held not exempt from bidding require-
ment unmer Code § 18-54 under section that exempts
contractofessional services from bidding requirements;
a manacontract is not a professional service. Glatstein
V. City i, 399 So. 2d 1005.
Sec. 18.52.4% Small purchases.
(a) Conditio s for use. All purchases of goods,
supplies, and c modities the estimated cost of
which is less t four thousand five hundred
dollars ($4,500.0 may be made using the simpli-
fied small-purchas procedures prescribed in this
section.
(b) Division of re irements. Procurement re-
quirements shall not a artificially divided so as
to permit use of small-p hase procedures described
in this section instead the methods otherwise
applicable.
(c) Soliciting quotations. nsofar as practicable,
no fewer than three (3) so ces shall be solicited
to submit quotations. An i 'vidual purchasing
agent may use the bidder lis prescribed in sec-
tion 18-52.1(c) to solicit quot ions by mail, by
telephone, or by public notice o a bulletin board
in the lobby of the City Hall. A bids shall be in
writing wherever practicable, an the purchasing
agent shall keep a record of all ch small pur-
chases and the quotations submit in competi-
tion thereon. Such records shall be en to public
inspection.
(d) Award In the case of goods, su lies and
commodities commonly and commerci ly avail-
able, the award shall be made to the re onsible
bidder offering the lowest price; provided, owev-
er, that an award of more than one th and
dollars ($1,000.00) shall not be made witho the
express approval of the city manager. (Or No.
9572, § 1, 2-10-83)
Supp. No.10
1207
Sec. 18-52.5. Contracts for public works or
improvements.
All contracts for public works or improvements
in excess of ten thousand dollars ($10,000.00) shall
be awarded on the basis of sealed competitive
bids, as provided herein, unless the 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
ft of the city commission after a properly adver-
tised public hearing. All contracts for public works
or improvements for less than ten thousand dol-
lars ($10,000.00) shall be awarded on the basis of
competitive negotiations. (Ord. No. 9572, § 1, 2-10-83)
Sec. 18-52.6. Emergency purchases.
In case of emergency, it is not advantageous for
the city to use competitive bidding methods. There-
fore, the city manager may direct the chief pro-
curement officer to purchase directly those goods
or services whose immediate procurement is es-
sential to the life, health, welfare, safety or con-
venience of the city. Such emergency purchases
shall nevertheless be made with such competition
as may be practicable under the circumstances.
In seeking a waiver of competitive bidding meth-
ods, 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 rea-
sons 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 bid-
ding requirements after making a written find-
ing, supported by reasons, that an emergency ex-
ists. Such finding must be ratified by an affu-r.tative
two-thirds (%) vote of the city commission. (Ord.
No. 9572, § 1, 2-10-83)
7. Cancellations.
The cit 11 have the right to cancel all invi-
tations for ids,SwALuests for proposals, or other
solicitations before bi ning, proposal submis-
sion, or receipt of quotatio to reject all bids,
proposals or offers after receip . invitations
for bids, requests for proposals, or of 1.
for shall contain a reservation of the fore '
93- 496
1 18.62.7
MUM CODE
hts. In the event of such cancellation or rejec-
tio the chief procurement officer shall promptly
not' all affected bidders or offerors and make
avails to them a copy of the written explana-
tion for s h cancellation or rejection, which shall
be a public cord. (Ord. No. 9572, § 1, 2-10-83)
Sec. 18.52.8. 94le-source contracts.
(a) Conditions\section
e it is not practica-
ble for the city totive bidding meth-
ods to secure gooif there is any one
(1) reasonable sou, sole -source awards
may be made as to the other meth-
ods prescribed in der the following
circumstances:
(1) Where the compatibility of eqII,
ment, acces-
sories, or replacement parts per its one (1)
reasonable source of supply;
(2) Where the goods or services availabl\om single s
ource are needed for trial useing; and
(3) Where the unique and specialized expertise
of one (1) source of services is unlikely to be
obtained from any other source.
(b) Determination and approval The determi-
nation that an award :shall be made on a sole -
source basis shall be made by the chief procure-
ment officer to the city'manager. Such,deterniination
shall be :Wade in writing and :provide complete
justification .as to wily mo other .sources of goods
or services •coxild be obtained to meet the city's
requirements. The determination shall also cer-
tify that the terms and conditions of the award
have been negotiated so as to obtain the most
favorable terms and conditions, including price,
as may be offered to other customers or clients by
the proposed contractor. The city manager may
waive competitive bidding after he makes a writ-
ten finding, supported by reasons, that only one
(1) reasonable source of supply exists. Such find-
ing must be ratified by an affirmative two-thirds
ft vote of the city commission after a properly
advertised public hearing.
(c) Public notice and disclosure Notice that the
city intends to award a sole -source contract shall
be published at least once in a newspaper of gen-
eral circulation in the city prior to contract award,
supp. No. to
4 18.62.9
but in any event at least fifteen (15) calendar
days shall intervene between the last date of pub-
lication and the date of award. Such notices shall
state the intention to award a sole -source con-
tract, the nature of goods or services to be ac-
quired, the name of the proposed contractor, and
the name and telephone number of a cognizant
city official who may be contacted by other poten-
tial 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 determina-
tion required above, and a compilation of all sole
source awards shall be submitted by the city man-
ager 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. (Ord. No. 9572, § 1, 2-10-83)
Unified development projects.
Kai 7n'
. For the purposes of this article
IV, the fo g termsshall have the following
meanings:
1208
Unified deveNpment project shall mean a proj-
ect in which an i erest in real property is owned
or is to be acquired the city, which is to be used
for the development improvements, and as to
which the city commi 'on determines that for
the development of said i rovements it is most
advantageous to the city t the city procure
from a private person, as de ed in the Code of
the city, one (1) or more of th following inte-
grated packages:
(1) Planning and design, constructio and leas-
ing; or
(2) Planning and design, leasing, and
went; or
(3) Planning and design, construction, and
agement; or
§ 18.55.3
FINANCE
An audit may be required when, in respect to
an actual or prospective contractual party,
ere is:
(\be
estion as to the adequacy of account-
.olicies or cost systems;
(ibstantial change in the methods or
la of operations;
(iius unfavorable experience indicating
reliability of estimating, account-
r chasing methods;
(ivck o cost experience due to the pro-
ment a new supply or service; or
(er evid ce that an audit is in the
s best in ests as determined by the
f procure nt officer, the city man-
or the city mmission.
(c) Conduct of audits. enever possible, au-
dits shall be performed so as of unduly to delay
or inconvenience the contract 1 party. Contrac-
tual parties shall make available no charge to the
city all reasonable facilities an sistance, for
the convenience of the city repre tatives per-
forming the audit. (Ord. No. 9572, § 2-10-83)
Sec. 18-56. Disputes and legal
The following procedure shall be used fo
ing at early settlement of grievances by
ested parties who have participated in the i
procurement process. (Ord. No. 9572, § 1, 2-1
Sec. 18.56.1. Resolution of protested solicita-
tions and awards.
(a) Right to protest Any actual or prospective
contractual party who feels aggrieved in connec-
tion with the solicitation or award of a contract
may protest to the chief procurement officer. The
protest shall be submitted in writing within four-
teen (14) 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 pro-
curement officer shall have the authority, subject
to the approval of the city manager and the city
attorney, to settle and resolve a protest of an
aggrieved actual or prospective contractual party
concerning the solicitation or award of the con-
tract in question. Provided that in cases involv-
ing more than four thousand five hundred dollars
gupp• Na 10
§ 18.66.2
($4,500.00), the decisions of the chief procurement
officer must be approved by the city commission
after a recommendation by the city attorney and
city manager. The chief procurement officer shall
obtain the requisite approvals and communicate
to the protesting contractual party; or alter-
natively if the amount involved is greater than
four thousand five hundred dollars ($4,500.00),
submit decision to the city commission within
thirty (30) 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 com-
ply with the time requirements provided in sub-
sections (b) shall entitle the aggrieved party, at
its option, to bypass the provisions of this section
and institute legal action immediately. (Ord. No.
9572, § 1, 2-10-83)
18.56.2. Resolution of contract disputes.
( Authority to resolve contract disputes. The
city nager, after obtaining the approval of the
city at rney, shall have the authority to resolve
controve ies between the contractual party and
the city ich arise under, or by virtue of, a
contract be een them; provided that, in cases
involving an ount greater than four thousand
five hundred do ars ($4,500.00), the city commis-
sion must appro the city manager's decision.
Such authority exte , without limitation, to con-
troversies based upon reach of contract, mistake,
misrepresentation or la of complete performance,
and shall be invoked b contractual party by
submission of a protest to a city manager.
(b) Contract dispute decis n& If a dispute is
not resolved by mutual consen the city manager
shall promptly render a writ report stating
the reasons for the action taken the commis-
sion or the city manager which sha be final and
conclusive. A copy of the decision sha be imme-
diately provided to the protesting p along
with a notice of such party's right to seek ' dicial
relief, provided that the protesting part hall
not be entitled to such judicial relief without rst
having followed the procedure set forth in t 's
section. (Ord. No. 9572, § 1, 2-10-83)
1215 93- 496
118.66.3 MIAMI CODE
Se 18456.3. Remedies prior to award.
If pr r to contract award it is determined that
a solici 'on or proposed award is in violation of
law, then a solicitation or proposed award shall
be cancelled the city commission or revised to
comply with t law. (Ord. No. 9572, § 1, 2-10-83)
Sec. 18.56.4. Debqirment and suspensions.
(a) AWhority and r uirement to debar and sum
pend Auer reasonable otice to an actual or pro-
spective contractual part and after reasonable
opportunity to such party be heard, the city
manager, after consultation 'th the chief pro-
curement officer and the city at rney, shall have
the authority to debar a contract 1 party for the
causes listed below from considera n for award
of city contracts. The debarment sh 1 be for a
period of not fewer than three (3) year . The city
manager shall also have the authority to spend
a contractor from consideration for award city
contracts if there is probable cause for debarm t,
pending the debarment determination. The a
thority 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 at-
torney, and the city commission.
(b) Causes for debarment or suspensionCauses
for debarment or suspension include the following:
(1) Conviction for commission of a =iminal .of-
fense incident to .obtaining ;or :attempting to
obtain apublic -or privike contractlorsribcon-
tract, or incident to the performance of such
contract or subcontract;
(2) Conviction under state or federal statutes of
embezzlement, theft, forgery, bribery, falsifi-
cation or destruction of records, receiving stolen
property, or any other offense indicating a
lack of business integrity or business honesty;
(3) Conviction under state or federal antitrust
statutes arising out of the submission of bids
or proposals;
(4) Violation of contract provisions, which is re-
garded by the chief procurement officer to be
indicative of nonresponsibility. Such violation
may include failure without good cause to
$upp. No.10
§ 18-58
perform in accordance with the terms and
conditions of a contract or to perform within
the time limits provided in a contract, pro-
vided that failure to perform caused by acts
beyond the control of a party shall not be
considered a basis for debarment or suspension;
(b) Debarment or suspension of the contractual
party by any federal, state or other govern-
mental entity;
(6) False certification pursuant to paragraph (c)
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 per-
forming city contracts.
(c) Certification All contracts for goods and ser-
vices, 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 (bX6).
(d) Debarment and suspension decisions. Sub-
ct to the provisions of paragraph (a), the city
m ager shall render a written decision stating
the\sIns for the debarment or suspension. A
cope decision shall be provided promptly to
thectual party, along with a notice of said
party's rig to seek judicial relief. (Ord. No. 9572,
§ 1, 2-10-83
Sec. 18-57.
Contracting for &Zds, services, sales, and leases
is to be deemed a publiE trust performed on behalf
of the citizens of the Y. Any attempt by city
employees to realize pars al gain by conduct in-
consistent with proper di\22-
contracting
duties is a breach of publprovisions
of city ordinances, county, and state
statutes shall be strictly ereserve the
public trust. (Ord. No. 957-83)City code cross reference— eat, § 2.301
et seq.
Sec. 18-58. Public access and
1216
The public shall have access to all doculr,
and information pertaining to city contracts,