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HomeMy WebLinkAboutR-86-0983J-86-921 11/10/8b RESOLUTION NO.86-983I. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH AND IMPLEMENT A PERFORMANCE AND BID BOND PROGRAM POLICY RELATIVE TO THE REQUIREMENTS FOR MINORITY AND FEMALE FIRMS AND FOR THE PROCUREMENT OF GOODS AND SERVICES AND PUBLIC WORKS CONSTRUCTION PROJECTS AMOUNTING TO �2U0,000 OR LESS; FURTHER RESCINDING RESOLUTION Nos. 84-423 AND 84-873 DEALING WITH PERFORMANCE AND BID BOND POLICIES. WHEREAS, the City's electorate approved a charter amendment authorizing certain changes in the City's general purchases procedures which would improve small and minority business participation in City contracts and procurement; and WHEREAS, the City of Miami's Bid and Performance Bond Policies, established by Resolutions 84-423 and 84-873, have been found to be in need of revision; and WHEREAS, the City Commission has determined that prior denial of opportunity has created impediments for minorities and women businesses, professions and trades when they sought business opportunities in the form of City procurement contracts; and WHEREAS, this Resolution will attempt to prevent the perpetuation of some of the effects of prior unwarranted discrimination which have heretofore impaired or foreclosed opportunities for minorities and women to provide goods, services, supplies, equipment, furnishings, and fixtures to the City; and WHEREAS, the City Manager has found that the risks for the City associated with the modification of the Bid Bond Policy are manageable and minimal compared to the amount paid indirectly by Amended u CITY COMMISSION MEETING OF DEC 11 1966 7RFSOLUTION No. I K:.MARK$ a the City or directly by minority and women businesses as costs 3 associated with the City's current bid bond requirements; and WHEREAS, the City Manager has concluded that the risks for the City associated with the adoption of a policy of waiving the performance bond requirement for certain contracts or purchases are manageable and minimal compared to the costs paid indirectly by the City and directly by small minority and women -owned businesses; and WHEREAS, the Legislature of the State of Florida has enacted Section 255.U5 of the Florida Statutes exempting the requirement for performance bonds for certain public works contracts amounting to �200,000 or less and this requires that the policy of the City reflected in Resolution 84-423 be updated to reflect this change made by the Florida Legislature; and WtiEREAS, adoption and implementation of this Resolution will serve the best interest of the City and will maximize the opportunity for small business concerns owned and controlled by minorities and women to participate in expenditures of the City for goods and services and public works construction contracts; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. A Performance and Bid Bond Program is hereby established relative to the requirements for bid and performance bonds on City public works and construction projects and in City procurement of goods and services. Section 2. The City's Minority and Women Procurement Administrator shall administer the Program in accordance with the following provisions: A. Pursuant to the Policy established herein, a Bid Bond Voucher Memorandum will be issued by the Administrator to eligible certified minority and women vendors to be submitted and accepted in lieu of a required bid bond or certified check. A separate bid bond voucher memorandum is required to be issued to each eligible vendor for each contract upon which the eligible -2- {,� QQQ Vs.7J v 3` certified vendor desires to bid. (1) Minority and women vendors desiring to participate in said Program must: (a) register and be certified by the City as minority or women -owned business enterprises under the provisions of Ordinance No. 10062; (b) attest in writing to their inability to secure or afford the required bid bond. (2) The Administrator shall: (a) review requests for participation and establish eligibility upon satisfactory proof of vendor compliance with paragraph (1) hereof. (3) Eligible certified minority and women vendors will be allowed to participate in this Program: (a) until they have received .and performed satisfactorily on three bid awards; or (b) until they fail to comply with the require- ments of the Program; or (c) until they fail to accept an award of bid; or (d) until they fail to perform satisfactorily under a contract awarded by the City; or (e) it is determined by the Administrator that their inability to secure or afford to purchase the required bid bond no longer exists. B (1) For contracts for the purchase of goods and services of $200,000 or less, no performance bond will be required unless the City Manager determines a unique situation exists placing the City at risk. A performance bond may be required provided that it is so stated in the initial soliciation of bids. (2) For public works contracts amounting to $200,000 or less, a performance bond will not be required unless the City Manager determines a unique -3- 86-9831 't 6 situation exits placing the City at risk. A per- formance bond may be required provided that it is so stated in the initial solicitation of bids. (3) On contracts for the purchase of goods and services exceeding ;2001000, the City Manager shall determine if a performance bond is to be required. The amount of the bond will be determined before bids are advertised. ' (4) On public works contracts exceeding $200,000, full performance bonds will be required. Section 3. Resolution No. 84-423, adopted April 5, 1984, is hereby rescinded. i Section 4. Resolution No. 84-873, adopted July 31, 1984, is hereby rescinded. PASSED AND ADOPTED thisllth.day of December, 1986. A'rTES� MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: A. QUINN JO , I44 DEPUTY CITATTORNEY WTOAPPROVED FORM AND CORRECTNESS: LUCIA A. DOUG CITY ATTORNEY AQJ/cm/555 -4- 86-9831. CITY OF MIAMI, FLORIDA 3 INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM: Cesar H. Odio City Manager RECOMMENDATION DATE: DEC, 5 1986 FILE: SUBJECT: Resolution Rescinding Resolution Nos. 84-423 and 84-873 dealing with Bid & REFERENCES: Performance Bond Programs and Establishing a New ENCLOSURES: Program in Lieu Thereof It is respectfully recommended that the City Commission adopt the attached resolution rescinding Resolution Nos. 84-423 and 84-873 dealing with Bid and Performance Bond Policies and authorizing the City Manager to establish and implement a performance and bid bond program policy relative to the requirements for minority and female firms and the procurement of goods and services and public works construction projects amounting to $200,000 and less. BACKGROUND The Departments of General Services Administration and Public Works analyzed the need to revise the City's existing Bid and Performance Bond Policies. On April 5, 1984, the City Commission approved Resolution No. 84-423 establishing a Performance Bond Policy relative to public works projects and the procurement of goods and services. This Policy was authorized by State of Florida Statutes - Chapter 255.05 which permitted municipalities to waive performance bonds on projects $100,000 less. In July, 1985, the State Senate passed CS/HB 585, increasing the amount of the discretionary waiver of performance bonds to $200,000 and authorizing municipalities to adopt similar rules. ' The attached resolution will authorize us to increase our Policy of waiving performance bonds on public works and procurement projects under $200,000. On July 31, 1984, the City Commission approved Resolution No. 84-873 creating a Minority Procurement Bid Bond Voucher Program which j established a Policy relative to the requirement of bid bonds for minority firms on City Public Works Construction Projects and in the City's procurement of goods and services. On December 19, 1985, the City Commission passed Ordinance #10062, Minority and Women Business Affairs and Procurement Program, which i included women -owned businesses as an affected class. 86-9831 Honorable Mayor and Members of the City Commission -2- The attached resolution makes women -owned businesses eligible to participate, along with Black and Hispanic minorities, in the City's Bid Bond Voucher Program. The Minority and Women Procurement Advisory Committee, created by Ordinance #10062, has reviewed and has approved this resolution and will provide you with their comment relative to the Policy under separate cover. Attachment: Proposed Resolution 86-sea► .