The URL can be used to link to this page

Home My WebLink AboutR-89-0629MEMEM r T J-89-620 6/26/99 PlESOUMON NO. 89 _ . A RF39OLMTION INSTRIW1 11 NG THE CITY ATIURNEY TO DRAFT A CITY CHARTER AMENUMMT FOR EqNt ON NOVEPMR i, 1989 THEREBY, IN RMARD TO CITY P�tUC[7lt '1�1T OF PlMIC WORKS OR DOUVF.MQ+TTS, GOODS, SUPPLIES AND CQMMbDITIES# PERMITTING THE CITY C0IMISSION BY ORb TO SST THE DOLLAR AMXM AT WHICH I= REQUIREMENT OF OBTAINING SCAUED C TITIvE ... BIDS FOR sum PUBLIC WORMS OR WM, MOb6, ?- SUPPLIES AND C010M TIE'S S APPLICABLE. i .., . .; BE IT RESOLVED BY THE CO MISSION OF THE CITY OF MIAMI, FLORIDA. Section 1. The City Attorney is hereby instructed to draft a city charter amendwnt for referendum on November 7, 1989 thereby, in regard to city proc,-uranent of public works ing�rovetnents, goods, supplies and i cammdities, permitting the City Ccmuission by ordinance to set the dollar amount at which the requirarnnt of obtaining sealed competitive bids for such applicable. Section 2. This Resolution shall becane effective upon its adoption pursuant to law. PASSED AND ADOPTED this 13th day of immediately 1989. CITY CLERK PREPARED AND APPROVED BY: i ROBERT F. CIARK CHIEF ASSISTANT CITY ATIIORNEY LEGISLATION/SPECIAL PMJELTS DMSICN APPROVED AS TO FORM AND CORRECTNESS: L. 2 CICAY ATTOFW t CITY C MMSSI RFC:dfh:Mll02 MEETING : Q }) W. ..� { RESO41lTIQN, play RENiK is ;. is: i a 121•E CHAit R AND RELATED LAWS Subpt. A ` Sec. 27•l. Assessor to have power of county of all real and personal property of the city not assessor; general assessment roll. needed for public use or that may have become Note —The user's attention is directed to the editor's note to unsuitable fo1' use. The chief procurement oMeet' 127-8 otthis charter. shall have charge of such storerooms and ware•` • ; houses of the city as the commission may by ordi, s Sec. 27-F. Signing and endorsing general as- nance provide. Before any purchase or sale, the` sessment roll; return and presump- chief procurement officer shall require that all ` Lion of validity. prescribed procurement procedures be followed: _ Supplies shall not be.furnished to any department Note -The user's attention is directed to the editor's note to ;r 2fi.8 of this Charter. unless there be to the credit of such department an available appropriation balance in excess t r ' Sec. 27-G. Dopy of assessment roll annexed all unpaid obligation sufficient to pay, for such to warrant commanding collection supplies. i Note —The user's attention is directed to the editor's note to (b) No contract for furnishing supplies or ser-._Les ' i? 27-B of this charter. vices for the city, except as otherwise provided in k . this charter, shall be"made for a period of more i Sec. 27-H. State law as to taxes applies. than one year. - Note —This section has been substantially changed, by in- (c) The chief procurement officer shall see to it i Terence, inasmuch as assessment and collection of taxes is that all personsseeking to do` hisiness with the j now the exclusive responsibility of Dade County. The user's t i attention is directed'to the editor's note to 'i 2yB of this city not disereminate against any employee aPlicant_om to ment because of age,`'race,charter. creed, color, religion, sex, national origin, hndt ISec.. 27-I. Reserved.l cap, or marital status; and that they, take 'af r : mative action to ensure that applicants are em- ' Sec. 27-J. Discounts if taxes paid before cer- ployed and that 'employees are treated during em• tam time. ployment without regard to their age, race, creed. color, religion, sex, national origin; handicap; or Note -The discount rates formerly set out in this section no marital status. longer apply; for present rates, see Fla. Stats., 1193.41. The u:u•r's attention is also directed to the editor's note to 1 27•B of (d) The chief procurement officer shall be re, { i hie. charter, sponsible for developing such minority procure, ' Sec. 27•K. When taxes become delinquent; in• ment program as may be prescribed by ordinance terest rates on delinquent taxes. and permitted by low. Note —The user's attention is directed to the editor's note to Sec, 29-A. Contracts for personal property, 5 37d3 of this charter. ' — ' public works or improvements, uni- See. 27-L: Tax certificates; interest rate there- fled development projects, and read ` on. property; safeguards. . (a) Personal property: Any personal proper Note —The user's attention is directed to the editor's note to c 27•B of this charter.. including but not lirnited to supplies,' equrpritent, .s materials, and printed matter; tray be o , to i i b contract or throu h:cit labor atcd tnattrials,F h� Sec. 28. Chief procurement officer. y 8 y as pr ,video by ordinance All cgittrtiicts i11 Th«� city manager;shall appoint a chief.pro .. tha ourtt;<ousand.fivehn,dollarr;t�4,5449U ,Y curen�ent officer who shall supervise all purchases shal be awarded by the"ootttnaisston W. the Iowes ` fnr.the city in the.`manner'provided byordinance responsible blddt;r, a#ter kublis tt4tise idIn a ni�d tivho shall, ulider"suet procure- ment methods such ootapefitiveealesl b;dlphgrs=yrx, p x as inay be pcessi•ibed by ordini nee, supet'vise sales. ; be prescribed by ordttis nc�a, pw;ever, . 1 � s- M �r P ji Subpt. A CHARTER ".A 4 t that if the amount of a bid or proposal submitted sible bidder or ro p poser, such Local contractor may by a vendor whose primary office is located in the be awarded the contract, but the city manager or,,: a pity of I1fiaYni is not snore than ten (10) percent in designee shall have the power to reject all bids 71 excess of the lowest other responsible bidder or and Proposals. Notwithstanding the foregoing, tho proposer, such local vendor may be awarded the city manager may waive competitive sealed bfd. contract, but the city manager or designee shall ding methods by making a written finding that as have the power to reject all bids and proposals. valid emergency exists or that there is only one Notwithstanding the foregoing, the city manager (1) reasonable source of supply, Which finding roust, may waive competitive sealed bidding methods be ratified by an affirmative vote of two-thirds of by making a written finding which shall contain the commission after a ro rl advertised public reasons supporting the. conclusion that competi• hearing, When competitive sealed bidding meth tive sealed bidding is not practicable or not ad. ode are waived other Procurement methods as # vantageous to the city, which finding must be may be prescribed by ordinance shall be fo}lowed. . ratified by an affirmative vote of two-thirds of the All Invitations for bids, requests for proposals, or b commission after a properly advertised public hear• other solicitations shall containa,reservation of { ing. When competitive sealed bidding methods the foregoing right to reject all offers. Contracts are waived, other procurement methods as may for public works or Improvements shall be si • be prescribed by ordinance shall be followed. All by the city manager or his designee after. approwel ' invitations for bids, requests for proposals, or other thereof by the commission. solicitations shall contain a reservation of the When it becomes nee r { foregoing right to reject all .offers. All contracts ssa 'y In the opinion o. .. 4+ °'*+wia for rsonnl ro the city manager to make alterations or modifica= Pe p perty in excess of four thousahill y public wont' or im- s; r tions in a contract for an �oJ five • hundred, -dollars• ($4, 0.00) shall be signed by the city manager or his designee after approval provement, such alterations'or modifications shall f commissioti thereof by the commission. This section shall not be made only when authorized by the apply to upon the written recommendation ao of the ctt pp y transfers to United States or any y man- department or agency thereof, to the State of Fiori- ager. No ,such alteration shall be valid unless the da, or to an price to be paid for the work or material, or both, Y political subdivision or agency thereof. under the altered or modified contract shall havt., (b) Public works or improvements. Any public been agreed upon in writing and signed'.by t}fie work' or improvement may be'executed either by contractor and the city manager prior to such ' contract or by the city labor force, as may be authorization by the commission. determined by the commission. There shall be a (c) Unified development projects. A unified do separate accounting as to each work or improve- velopment project shall mean a project where an, ment. Before authorizing the execution by the interest in real property city" labor force of any work or improvement or p P y is owned or is to be ac• A quired by the city, is to be used for the develop phase thereof,, the city manager shall submit to the commission a description of the anticipated merit of improvements, and as to which tics com• p mission determines that for,"the the -de elo merit i scope of work and related cost estimates. All con. p . tracts for more than ten thousand dollars ($10; said improvements {t is most advantabeQus'to the sits to procure from a private per$on, a defined a: 000.00), which shall include contracts under which in the Code of the City of.M{ami, ¢ne or cripre n{ improvements valued in excess of $0,000 are to ` be constructed for the -city, shallbe awarded to the, following integrated pacicmges; .the lowest -responsible bidder after public notice (1) planning anddesign, construcion, anc leas it and using such competitive sealed bidding meth..- frig; or 4w,i ods As.nay be prescribed by ordinance;- provided however, that if the arnuunt of a bid or ro osal (2)~ plannr� and design► Teas}rig, and mgpc� stlbtAitted by 4t contractor whose primary office is n1ent; 's s x 1`nte4 �n,tlie City pf Munn{ is Griot snore than ten () ;planning and design, constract4Qnht�rtd' one; reept to excess of the lowest other respQtt agemQnt, or ri �upp::lta: 2� t r . � ya. r �� . 's�� a,,,v►.►,,. &cyuiiing =vrmal seaiea bids be removed :from City .the Charter and instead be permitted in the- Code` to =be set ,by.- the.'*. City Commission by ordinance. If this were, achieved, the.,Ci -: Commission would exercise the authority, and responsibil3y� reviewing and setting the minimum amount requiring formal,,'bids .. ......� , The `,last revision to the limit was in•1985 when .the limit''was increased to $10,000. It Was foutt,een years agQ tha 7 the; formal bid limit was placed at $4,,W 0 Sinoe consumer- price hider has increased $125$<;' lneal�ing thy## Heisting °$4-500 ` in.. 1975. qow costs $1Q,2G0. acovieW area governments reveals;,that The State.. of,F]o�rids:has i.taik o4" i% ry $040, MekroQQ�. tan:,Dade �antyecntly —....... $5,;000 - beoe an item ,gusto :.t4. tYie. Cot]tY.'= Commissnn.x. Cor"al.r r? i a MA ?_ - F 1. 1 Cesar It. Odio -2-- June i 2,. 1985 In the past fiscal year, 118 formal bids were P Y processed, of which 38 fell its the bracket of $4,500 to $25,000, Each formal bid has-, an estimated cost of $650.00 associated with it. The total estimated savings for processing the 38 formal bids is $24,700: The time saved in ,staff hours could be better used to broaden the search for additional vendors, particularly minorities, in order to achieve an even further savings by fostering competition and to achieve the City's minority procurement program goals. When 'a purchase requisition is received from a department,: a formal bid package must be developed and typed. An average of 20 =a. copies must be made and mailed to the vendors for, the product or service_. When bids are received, staff from the City'Clerk.'s office must open and record the bids. The time frame of the Formal Bid is lengthy, due in part'... to advertising schedules and also to agenda scheduling. The average ,a time it takes Procurement Management personnel to prepare a,- !bid,.:_ package and have it ready to mail is fiveworkdays. The._ advertisement must provide enough time for a bidder to prepare'a, ?r response, usually three weeks, and the bid must be received by the City Clerk's office at the bid opening time specified. h. The bid packages are processed by Procurement Management and sent to the department for evaluation within 3 working days* Departments are encouraged to evaluate and recommend -a vendor tf within 10 days, although they >often take longer to complete their. evaluation. In order to be placed on a particular agenda _date, the ` evaluation must- be provided to Procurement Management no later than seven days prior to the agenda deadline date. Since —?` the Law Department recently advanced their agenda review deadline date, the complete agenda package must be prepared in order that the resolution can be submitted to the Law Department almost four weeks prior to the Commission meeting. } Although some time frames may be collapsed when dealing with,a,` rush item, the standard procedure for Formal Bids utilizes ten, to11, f —1 twelve weeks. This requires procurement. to be planned ws,I in h advance of when the item is needed. As 'the time frame becQmos;. 4 more lengthy, the incidence of emergency purchases iperees. This results in demands upon procurement ff stato „-expe Bite �4 certain items which is always at the expense of one iONt�o n4�mair�� prracrt as that must be put aside in order. -to ancommoda,e th+s`'ruei= Afar �r 4 —E l,t you concur with this request, please indicate your pia anc sign khe attached. request. to the Gity l�ttorncy.tk , r�a r S b . _XM " �a tu � ri r Sfl i ��sK�{r�tT..2�d dA4 i.s�n�wi 4 i APPROVED;.` �.�_