HomeMy WebLinkAboutO-09572J-82-217
I/31/83
ORDINANCE NO.'Z
AN ORDINANCE AMENDING SECTIONS 18-51 THROUGH
18-71 OF A,R.TICTX IV. ENTITLED "PURCHASING ANH
CONTRACTS GI,NERALhY"; AND SECTIONS 18-76
THROUGH 18-77.6 OF ARTICLE IV.5. ENTITLED
"PROFESSIONAL SERVICES CONTRACTS"; AND
SECTIONS 18-78 THROUGH lR-R6 OF ARTICLE, V.
EN'!'I'CLED "SALE OFF REALTY", OF THE CODC OF THE
CITY OF MIAMI, FLORID.A, AS AMENDED, 13Y
REPEALING; SAID SE,CTIiONS IN THEIR ENTIRETY AND
SUBSTITUTING THEREFOR NEW CODE SECTIONS 18-51
THROUGH 18-71 AND 18-76 THROUGH 18-86,
ENTITLED:
ARTICLE IV.
PURCHASING AND CONTRACTS GENERALLY
18-51. PROCUREMENT ORGANIZATION.
18-52. CONTRACTT.NG METHODS AND PROCEDURES.
18-53. TYPES OF CONTRACTS.
18-54. QUALIFICATIONS AND DUTIES.
18-55. 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 OF ABSTRACT OF TITLE.
18-83. PAYMUT TO BE IN CASH - CERTIFIED
CHECK.
18-84. CITY ATTORNEY RESPONSIBLE FOR
CLOSING OF SALE;
CONTAINING A RENUMBERING CLAUSE; A REPEALER
PROVISION; A SEVCRABILITY 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;
NOW, 'THF,REFORE, 13F IT ORDAINED BY THE COMMISSION OF THE CITY
G}F MIAMI, FLORIDA:
Section 1. Sections 1.9-51 through 18-71 ] of ARTICr,F,
IV., entitled "PURCHA`)ING AND CONTRACTS c,F,NFRA.C,LY"; and Pections
18-76 through 18-77.6 of .,j!,rICLF, IV. S. , «?ntitled "PROFESS [oNAL
SERVICES CONTRACTS"; and Sections 18-7:t through 18-86 of. ARTICLE
V, entitled "SAGE OP REAL`rY", of the Code of 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Florida, as amended, are hereby repealed in their entirety, and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 GhNERAI,LY
"Section 1R-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 r_e-sporisi-
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 oC contracts; qualifi-
cations and duties; inspections and audits; disputes and
remedies; ethics; and puhlic 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 he purchased for central stores or contracted for
by the Purchasing agent on the basis of tine total advance
requisitions or estimates previously filed by the department
covering its requirements for a future period, to be delivered as
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Section 18-72 entitled "Minority vender procurement Program"
remains in full force and effect.
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needed and paid for out of aft provide) For that purpose,
Which accOunt shall be reilnhursed by transrer From tile_ appropria-
tion of the department: receiving the same whenever .3oods are
issued from central stores.
( c) The ch ief procurement of f icer-, with such submiss ions as
may be required from individual pur_chasiny accents, departments,
and offices, shall keep such records as will adequately reflect:
leases, specifications, invitations for hills, 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 �Ie1egate any or all
duties to individual purchasinci agents assigned to city depart-
ments or offices, subject to the approval of the city manager.
Sec. 18-51.2. General Duties of Purchasing Agents.
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
officer:
(a) To draft or cause to be drafted Invitations for 13ids,
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,
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and related specifications.
(f) To make transfers of supplies, materials, and equipment
which are not needed by a department Or Office to another
department or office which may need them.
(q) To summit recommendations to the chief- procurement
officer concerning the operation 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 disposal. 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
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and related specifications.
(f) To make transfers of supplies, materials, and equipment
which are not needed by a department or office to another
department or office which may need them.
(q) To summit recommendations to the chief procurement
officer concerning the operation of the city's procurement
system.
(h) To take any other_ act ion 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 any 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 snowing stocks of supplies, materials, and
equipment on hand awaiting use or disposal. 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
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procurement officer_ shall also have power to sell all such
supplies, materials, and equipment which have he -come unsuitable
for public use, or to exchange for or trade in the same for new
supplies, materials, and equipment. Except in those cases 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.
Notwithstandinq 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) All 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 greate•: 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.
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Sec_ 18_51_.9. Inventory Control.
The chief procurement officer shall maintain a system of
inventory [or all non -expendable supplies and equipment in use
by, or in the hands of_, all departments and of.f_ices of the city.
Such systein shall be so devised as to assure the proper use
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 waqes 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.
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Section 1.8-52. Contrar_tiny Methods and Procedures
All purchases of goods, including but not limited to
supplies, materials, equipment, printed materials, and all
purchases of services, including, but not limited to personal,
professional, management, and technical services needed by the
city, but not including legal services, shall he 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
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 Rids 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 F3idder means a person who has submitted a
bid which conforms in all material respects to the Invitation for
Orm
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13i.ds.
Contractual Party means a person or entity that enters
into a contract with the city or supplies goods or services,
directly or indirectly, to the city.
Public Notice unless otherwise specif:ie(9 herein, public
notice of a publi c heari.ng shal 1. 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. 18-52.1. 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 he 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;
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(2) the purchase description, qualilication factors,
delivery, or perrormance 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 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. Ridders 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
Iin 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 hid 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
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received an Invi.tat:ion for Rids. Conferences should be held long
enough after the Invitation for Rids have been issued to allow
offerors to hecome familiar with the proposed procur_ern(-�nt, hilt
sufficiently before bid submission to allow consideration of the
conference results in preparing their bids. Nothing stated at a
pre -hid conference shall change the. Invitation f:nr -lids 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 Rids. If a transcript is made, it
shall be a public record.
(f) Bid Opening. All hids 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 Rids.
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
reouirements
set forth in
the Invitation
for Rids,
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 Rids. 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 hidden. The
decision of
the
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city commission shall be final.. All contracts shall he approved
as to farm and
correctness by the city .i�Ctorney, and a copy shall
be filed with
the city clerk.
Sec_ 18-52.2.
Competitive Negotiations.
(a) Conditions for Use.
(1)
Competitive negotiations shall he used in those
circumstances in which it is both practicable and
advantageous for the city to consider a range of
competing plans, specif.i.cations, standards, terms,
and conditions so that aderruate comnetition 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;
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 reqarding 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 }le has obtained
information from said individuals or firms
relating to experience, qualifications, and the
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nropo-,ed cnst c,r. Fee f(-)r said services;
(4) The city inanauer shall. make recninmendat ions to
the city commission regardi.ng the procurement of
accounting services and present evidence that he
has interviewed at least three individuals or
firms possessinn the ahility to perform such
services and that ho has ohtained information
from said individuals or firms relating to
experience, oualifi.cations, and the pr_000sed cost
or fee for said services;
(b) Award. After reviewing the city manayer.'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. he
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
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professional services.
Continuing Contract sha1.1. mean a r_c)ntract for.
professional services entered into in accordance with all the
procedures of chapter 287, Florida Statutes, as amended, and this
article, as amended, between the city and a provider 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
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d ity of any contracL-4 in existence on the
ective date of: this article.
)section (a) of section 1.9-52.3 and subsection
52.3(e) of this Article IV shall not apply to
itr.ols for professional services for a project
se Basic construction cost is estimated by the
:y to be one hundred thousand dollars
00,000.00) or less or for a planning or study
ivity when the fee for professional services is
e thousand dollars ($5,000.00) or less. The
cedures outlined herein may be dispensed within
;es of valid public emergencies so stated in
ting by the Citv Manaqer.
.withstanding any other provision of chapter
, Florida Statutes, as amended, or this
!tion, there shall be no public notice
(uirement or utilization of the selection
Ocess 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.
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
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services, the type of services, and the proceilure
to be followed by any provider wishino to be
considered to perform siich services. In addition,
a copy of the announcement may he sent to each
provider already certified (in manner set forth in
suhsection (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 he 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 he
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 making
such review are the capabilities, adequacy of
personnel, past performance, and experience
record of the provider. The committee may
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accent certification of a provider by the
state department of transportation or the
state department of general services as prima
Facie evidence of qualification, provided no
changes in technical anal professional
personnel have occurred since the date of
state certification that may affect the
firrn's qualifications.
Certification shall specifv the particular_
category of professional work in which the
provider is found qualifira(i. 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; past 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
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provider's quali.fi<-ations or capabilities.
Upon receipt of any such amendment, the
certification committee shall again review
the qualifications of the provider to
ascertain whether_ it is still qualified. if
it is found not to be qua1if.ied, the
committee shall revoke the certification for
the particular category of service for which
the provider had been previously certified.
Competitive Selection Procedures.
(1) The decision to engage a provider of professional
services shall be made by the city commission upon
the recommendation of the city manager. The
commission shall designate the project as either a
category A project or a category B project.
Category A consists of these projects which are
of such nature that one or more city commissioners
will be required to serve upon the competitive
selection committee as hereinafter provided. Any
project not designated as a category A project
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
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manager as heing a principal. user of Lhe
project; the supervisor_ of the huildi.nq and
zoninq inspection division of the department
of fire, rescue, and i.nsl,ecti.on services, or
his designee; the director of the finance
department, or his desi.onee; the city
manager, or his designed; one or more members
o f the ci ty coIn1n iss ion; one or more
pr_ofessiona1s in the field of endeavor or
practice in.vo1ved. The total number of
members on the committee will depend upon the
nature and complexity of the prcaject,
Category B Projects. The city manager shall
appoint a competitive selection committee for
each project in category R. 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 f(.)r 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 of.ficio as a merniber of the
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committee. The total number of memhers on
the committee will depend upon the nature and
complexity ,-)f the project.
All further references to the term
ipetitive selection committee" in the following
-ions of this article shall be deemed as
?rences to both the competitive selection
iittee for. category A projects and category R
ects.
city commission shall appoint as chairperson
.he competitive selection committee either the
)er representina the department or the member_
.esentinn the principal user(s) of the
ect.
chairperson and the project manager, together
i the using agency of the project, shall
?lop criteria for the selection pursuant to
ion 18-52.3(f) of this Article IV.
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 qualifier] to perform the required
services to make presentations to the competitive
selection committee in public after due notice. A
reasonable time shall he 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
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readvertise the project or invit,� the fewer than
three interested providers, dependino upon the
circumstances.
The competitive selection committee shall evaluate
each of the candidates in accordance with the
criteria established and shall identify the most
qualified firms in rank order.
The competitive selection committee shall report
its findings, together with supporting infor-
oration, to the city manager and shall file a copy
of its findings with the city clerk.
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(g) 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.
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Competitive seIoctinn criter. is sha11. be
established prior to the selection of providers
and shell consider_ such factors as the ability or
professional personnel; past performance;
willingness to meet time and budget requirements;
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 ineet any
special requirements of the city or other agencies
having an interest in the project.
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 qiven 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
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shall give Cull cons ider_ation to the extent and
complexity of the services required. For a11.
lump -sum or cost-plus or fixed -fee contracts in
which the fee is expected to exceed fifty thousand
doliar_s (550,000.00), the city shall require the
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 he 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 processional 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-
4)
contract trice or oLher.wise recover the full amount oC
such fee, commission, percentage, gift, or cons i-
deration.
(i) Waiver of Provisions in Event of Public Emergency.
When the city manager certifies that a valid
public emergency exists, there shall be no public
notice requirement- or utilization c)f the selection
process as provided in suhsection 1-8-52.3(d) 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 small -purchase procedures prescribed in this section.
(b) P,ivision of Requirements. Procurement requirements
shall not the 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 practi.c:atole, 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 Hall. All bids shall be in writing wherever
practicable, and the pur.chasinq 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 offerinq 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.
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Sec. 18-92.5. Contracts for Public Works or Improvements.
All contracts for public works or improvement-s 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 findi.nq must be ratifii�!d 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. k11 Invi-
tations for Bids, Requests for Proposals, or other solicitations
shall contain a reservation of the for.egoinq rights. In the
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event of such cancel latinn or rejec� ion, the chief procurement
officer shall pronptly n(-)tify all affected bidders or offerors
and make available to them a copy of the written explanation for
such cancellation or rejection, which shall he a public record.
Sec. 18-52.8. 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 prescrihed 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;
an:9
(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-
event of such cance11.ation or rejection, the chief Procurement
officer sha11 pronptIy notify a1.1 affected bidders or offerors
and make available to them a copy of the written explanation for
such cancellation or rejection, which shall he a public record.
Sec. 18-52.8. Sole- Source Contracts.
( a ) Conditions for Use. Since it is not practicable for
the city to use competitive bidd inq methods tc, 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 prescrihed 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;
an:9
(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
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#41 40
event of such cancell(Itinn or rojoc-tio�n, the chief proc:ur.ement
officer shall notify all affected hidder�; or offerors
and make available tc) them a copy of the written explanation for
such cancellation or rejection, which shall he a public record.
Sec. 1.8-52.8. 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 pr.escrihed 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;
a n _3
(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
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hearing.
(c) Public Notice and ili.sclosure. Notice that the city
intends tc) award a sole -source contract shall he published at
least once in a newspaper of general circulation in the city
prior to contract award, but in anv event at least fifteen
calendar days shall intervene between the last date of publi-
cation and the date of award. Such notices shall 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
he able to satisfy the city's r_eauir_ements. A record of such
notices and responses thereto shall he maintained in the contract
file along with the written determination required above, and a
compilation of all sole source awards shall he 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
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integrated packages:
(l)
planning
and
design, construction, and leasing;
or
(2.)
r)lanninq
and
design, leasing, and management; or
(3)
planning
and
design, construction, and 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
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y
evalj1atp competincl by the below rnen-
tinned certified public accounting firm;
(4)
the specific evaluation criteria which shall he
used to evaluate comp- t r,q proposals by the
helow-mentioned review Committee;
(5)
a statement that written and oral discussions may
be conducted with offerors who submit proposals
determined to he reasonahly suscepti.hlP 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 he submitted;
(7)
the contract terms and conditions, including
1
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 Citv 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 he
a public hearing, after public notice, at which the commission
shall consider:
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( 1) the contents of the Request for. Proposals for the
subject unified development project;
(2) the selection of a certified puhlic accounting
firm, which shall include at least one member with
previous experience in the type of development in
question; and
( 3 ) the recommendations of the city ;Tanager 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 members
of the public, whose names shall be submitted by
the city manager no [ewer 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 tine 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 par.ticula, 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-
957 2
#4N 41
the contents of. the Request for proposals for the
subject unified development project;
the selection of a cer_tif.ied public account.inq
firm, which shall inclucle 3c least one member with
previous experience in the type of development in
question; and
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 ecxual number plus one of members
of the public, whose names shall be submitted by
the city manager no fewer than five days prior to
the above -mentioned public hearing.
the conclusion of the public hearing, the commission
ize the issuance of a Request for Proposals, select a
ublic accounting firm, and appoint the members of the
ttee 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 perf_orminq 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 (lays shall intervene
hPtween the last date of publication and the final date for
subm.ittinq proposals. Such notices shall state the general
description of the scope of work, the place where a copy of the
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9572
;..,-.;�Ccrxoa'inrxm. eroc...-....�..�........,..�........... _._. _..
Requr .;t for Proposals may he obtained, and the time and place for
receipt of proposals. The city manager inav, in addition, solicit
proposals from all. r.esponsihle prospective developers llsted on a
current developers list by sen(ling them copies of the public
notice to acquaint them with the proposed procurement.
(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.
Nothinq 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 he 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.
(i) Evaluation of Proposals. The procedure for the
selection of an integrated package proposal shall he as follows:
(1) All proposals shall be analyzed by a certified
public accountinq firm appointed by the commission
based only on the evaluation criteria applicable
-30-
gI72
V.
�d certified public accounting firm con -
I in the Pequest For Proposals. ,aid
'ied public ac:co untinq firm shall render a
,n report of. its findings to the city
r.
?vif?w committee shall evaluate each proposal
only on the evaluation criteria applicable
d review committee contained in the Request
oposals. Said review committee shall. rend,�r
tten report to the city manager of its
tion of each proposal, including any
ty opinions.
into consideration the findings of the
entioned certified public accounting firm,
jaluations of the aforementioned review
Lee, and the degree of minority partici-
in city contracts, the city manager shall
end one or more of the proposals for accep-
tance by the commission, or alternatively, 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,
includinq any minority opinions, rendered to him
by the aforementioned certified accounting firm
and review committee.
(j) 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.-
957 2
4)
4*
The commission may accept arly ri-commendation of the
city manager icy an affirmative vote of a majority of its memhers.
Tn the event the commission does not accept a proposal r.ecoin-
mended by the city manager or does not reject all proposals, the
commission shall seek recommendations directly from the afore-
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 anv previous recommendation of the city
manager; or
(3) reject all proposals.
All contracts for unified development projects shall he
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
4, kN
he included as apnr.o()riate to serve the he interest: n( the
city in achieving the most Qconomi.cal contract performance.
(h) Cost -Reimbursement Contracts. Cost-r.eimhursement
contracts shall ordinarily he used for those purchases of goods
and services or sales and leases where the terms, conditions,
specif icat ions, and other factors of the contract r_annot he
specified with a high
,lec?ree of
certainty or
the use of_
fixed -price contracts
is not likely
to result in
substantial
competition between bidders or ofEer.or.s willing to compete for.
Lhe contract. Incentives based on various performance factors and
escalation clauses or ether economic adjustments may he included
as appropriate to serve the best interests of the city in
achieving the most economical contract performance.
(c) Rlanket 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 he 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 may be
entered into for any period of time deemed to be
in the best interests of the city, provided that
the term of the contract and conditions for
renewal or extension, if any, are included in the
Invitation for. Rids 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
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0t C
fiscal. periods shall be subject to the avail.a-
b it i ty and appropriation of Funds therefor an(1
shall he so stimulated in the contract.
(2) Prior to the utilization of a. multi -year contract,
it shall be determined in writing by the using
department or. ��ffi_ce and by the chief procurement
officer that the ostimated 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 promotinq more
effective competition or otherwise promoting
economies to the city.
(e) Accounting Suitability. Fxcept with respect to firm
fixed -price contracts with no provisions for_ incentives,
escalation, or any other adjustments, no type of contract shall
he 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 accountinq 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
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0.. 5 7 2
l
or offeror is responFihle.
TF a prospective contractual party who would other_wis?
awarded a
contract is
Found nonresponsihle,
a copy of
ii_nation and
the reasons
therefor_ shall he sent
promptly
)arty, which shall he given a reasonable opportunity for
)rior to > final determination of nonresponsib.ility.
Factors to be considered in determining responsibility
ctive contractual parties shall include but not be
(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
suppl_yin.q 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,
wit?zin 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-
or the prospective contractual party may be found nonr:•esponsihle.
The prospective contractual party may demon:,trate thy-, availa-
bility oC necessary financial, equipment, facility, and personnel
resources by submitting:
(1) evidence that the contractual 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. Prequa.lif_ications.
Prospective contractual parties may be prepualif_ied 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 f_indinq of responsibility for any
particular contract award.
Sec. 18-54.3. Cost for Pricing Data.
(a) Contractor Certifi-cation. 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 accuracy, completeness,
and currency when:
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4 f4N
(1) the contract price is haled on Brice competition
resulting from sealed bids; or
(2) the contra(---t- price is based on established catalog
or market prices set and offered to the general
t)ublic or to governmental entities; or
(3) the contract price is set by law or regulation;
or.
(4) the city manager determines that such require-
rnents for cost or pricing data and certification
should be waived, and the reasons for such waiver
are stated in writing and approvetl 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 Host a surety pond in any amount that the
city manager deems proper. Fach 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 bored, 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
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4 f'
LE
reservation shall he clearly set forth in the call for hies and
specili.cation documents. The city manager shall cause r,ach such
surety tendered to the city tn be reviewed to determine whether
the entity or agency making such tender is qualifif�d to meet the
obligation to be assumed, and shall recommend to the city
commission the rejection of any such tender from any entity or
agency not found to he fully qualified. Notwithstanding the
foregoing, the city manager may accept, in lieu of a bid bona, 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 he 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. Right to Conduct Inspections and Audits.
(a) The city may, at reasonable times, inspect that part of
any contractual party's plant or place of nusiness 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;
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g57 2
5 Y:k�•4Y+�Va�.�i?'kb',�`'n .. � .. � 4 �+�i hl.:"�
a.:KW�w
(2) audit cost or pricin,j rlata or audit books and
records;
(3) conduct invest.iyations of responsihility pursuant
to section 18-54.1 or those related to actions to
debar_ or suspend a contr_actural party from
consideration for award of contracts pursuant to
section 18-56.
(c)
Books
and records relating to performance
of city
contracts
shall
be maintained by contractual parties for
a period
C)f three
years
from the date of final payment unless
a shorter.
;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 contr.actural party and perform
tests to determine whether_ they conform to solicitation require-
ments contained in Invitation for rids or Pequests for Proposals
or, after award, to the terms and conditions of the contract.
Such inspections and tests shall be performed in accordance with
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
aqents.
(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 purchasinq agent or department may he autho-
-39-
9 5 10,
41 4 \
r.ized by the chief procurement officer to inspect
deliveries or contract performance in the manner
stipulated with the approval of the city manager.
(3) The chief procurement officer may prescribe
chemical, physical, and other performance tests
for hoods or services, includinq samples submitted
with bids or offers and samples of deliveries and
performance to determine their duality 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 he 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 qoods
or services, sales, or leases under city con-
tracts.
-40-
01�7 2
( Z ) An audit may be rec_JU 1. t'(',l when, in respect to an
actual or prospective contractual party, there is
( i) a question as to the adequacy of accounting
policies or cost systems;
(ii) a substantial change in the methods or levels
of operations;
( i i i ) previous unfavorable experience indicating
doubtful reliability of estimating, account-
ing, or purchasing methods;
(iv) a .lack of cost experience due to the procure -
merit 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
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4 4,
city manager and the city aLtor.nev, to settle and resolve a
protest of: an aygr_ieved actual or prospective contractual patty
concerning the solicitation or award of the c(-)ntr.,3c1-. in c.uPstion.
Provided that in cases involving more than "14500, the decisions
of the chief procurement officer- must be approved by the city
commission after a recommendation by the city attorney and city
rnanager. The chief procurement officer_ shall obtain the r_ecjusite
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
tirne requirements provided in subsections (b) shall entitle the
aggrieved party, at its option, to bypass the previsions of this
section and institute legal action immediately.
Sec. 18-56.2. Resolution of Contract Disputes.
(a) Authority to Resolve Contract Disputes. The city
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
arnount greater than $4500, the city commission must approve the
city manager's decision. Such authority extends, without
limitation, to controversies hase.d 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
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4 41
Commission or the city manager which shall be final. and conclu-
sive. A copy of the decision shall he immediately provided to
the protesting party, along with a notice -)f- such partv's right
to seek judicial relief-, provided that the protesting party shall
not be entitled to such judicial r.el.ief without first having
followed the procedure set forth in this section.
Sec. 18-56.3. Remedies.
Prior_ to Award. If pricer 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 & 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 consi
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
subcontract;
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157�.�
$A,
(2) conviction under- State or Federal statutes of
embezzlement, theFt, forgery, bribery, falsi-
fication, or destruction of records, receiving
stolen property, or any other offense indicating a
lack of husiness intecirity or business honesty;
(3) conviction under State or r^e(InraI 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 nonresponsibilit_y. 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 (c)
below; or
(7) any other cause judged by the city manager to be
so serious an(3 compelling as to affect the
responsibility of the contractual party performinq
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
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957 2
k
written decision stating the reasons for. the delbar.ment or.
suspension. A copy of the decision shall be provided promptly to
the contractual. party, alone with a nr)tice of said nar_ty's right
to seek judicial relief_.
Sec. 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 enforce(]
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 he
used in those circumstances in which it is practicable and advan-
tageous for the city to specify all detailed plans, specifica-
-45-
7 2 �'
i
4,
t ions, standar_,ls, terms, and crn(,l i. t i )ns relating to a property
interest already owned by the city or to be acquired and disposed
of by the city, so that adequate competition will result and
award may be made to the highest responsible and responsive
bidder.. In all other instances there shall he a public notice
required prior to the sale or disposition of city owned properly
in order to allow potential piir.chaser_s to compete.
(b) Invitations for Rids. An Tnvitation for Rids 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 tine 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) Rid Opening. Bid opening shall. he in accordance with
the provisions of section 18-52.1(e).
(f) Rid Acceptance and Evaluation. Rid acceptance and
evaluation shall he 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 he.
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
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,4572
44
department of off-street parkin�.i heard or the downtown
development authority, board of directors, as appropriate, may by
resolution waive the requirement of sale, conveyance, or
tion to the highest responsible hidder by means of the following
procedure: the city manager, the director of the off-street
parking department, or the director of the downtown development
authority, as appropriate,
must make
a written
finding, sup-
ported by reasons, that a valid
eiiiergency
exists.
Such finding
must he 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
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 riaht to cancel all Invita-
tions for Rids 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
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6 44
such cancellation or rejection, which stall he a public record.
Sec. 18-79_AP
P_licability to OFE_Streot Parking/Downtown Develop-
ment Authorities.
With the exception of the requirement for advertisement
prior
to
sale
of real
property, as
contained in
subsections
18-52.1(d)
of
Article
IV, the provisions
contained
elsewhere in
this article are not required to be followed in effecting the
sale, conveyance, or disposition of real property owned by the
off-street parking authority or the downtown development
authority.
Sec. 18-80. Authority to Sell.
The city manager is hereby authorized to instruct the chief
procurement officer to sell any real property owned by the city
not needed for public rise or that may have become unsuitable for
use by any city department, provided that:
(1) such property cannot be leased so as to produce
revenue to the city;
(2) such property shall have first been offered for
sale at its appraised value to Metropolitan Dade
County and to the Dade County School Board;
(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
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9572
4 k
party making such bid
is tile. purcl1as(-3r (-)L the property. The
director_ of finance is
Inereby authorized to pay
the
same out of
the proceeds of the sale.
Sec. 18-82. Expenses of
Abstract of Title.
The director. (-E
finance is authorized
to
pay for the
expense of updating or
obtaining an 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 Cash, Certifier Check.
Terms are deemed
to be all cash at time
oC
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. T3uyer may
pay cash, by cashier's check, by certified check, (-)r 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
delivered over to the director of finance in accordance with the
city charter.
Sec. 1.8-86. Safeguards.
(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 following: (1) all applicable ad valorem taxes
tllat are lawfully assessed against the property involved or (2)
-49-
an amount - to be paid to the city equal to what the ad valorem
taxes would he if the property were privately owned and used for
a profit -making purpose. Such taxes, -,hall not he creel ite l against
any revenues accruing to the city under any contract that may be
awarded under this section.
(c) Any proposal submitted pursuant to Chapter 13, Articles
IV and V, by a potential bidder or contractor that contemplates
more than the estimated extent- of the ci.ty'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
tho city commission to terminate the contract after a public
Clearing. 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 ar�y section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not he affected.
PASSED ON FIRST PEADING BY TITLE ONLY this 13th day of
January , 1983.
PASSED AND ADOPTED AND SECOND AND FINAL REAPING BY TITLE
MT110
0
ONLY this LOUT
1)
day of
r 1.983.
41TEST:
MAI-ItUCE A. FFRRF, Mayor
RALPH G. ONGIF
City Clerk
PREPAREn/ N APPROVED BY:
LUCIA T. ALLEN
Deputy City Attorney
L,rA/wpc/001
APPROVED AS TO FORM AND CORRECTNESS:
70-SE R. GARCIA-PEDROSA
Z, City t_y
ity Attorney
()n,.,ic. Clerk of ow tiiv of Njj.jjjjj. 1.jjqj(ja,
v
al". 1, ruc anal cw-ruct copy I f !it_ ..i-
Couri 11,
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_51-
CITY OF MIAM1. FLORIDA
21A
INTER-OFFICE MEMORANDUM
TO Honorable Mayor and Members of CPTE February 3, 1983 FILE
the City Commission
E-JEJECT Procurement Ordinance for
Second Reading
FROM Jose R. Garcia -Pedrosa REFERENCES City Commission Agenda 2/10/83
City Attorney Item #21A
` ENCLOSURES
On January 13, 1981, you passed on first reading a procurement
ordinance that implements the Procurement Charter Amendment. This
office has made the following revisions to such Ordinance for your
consideration on second reading:
1. Defined public notice
2. Refined and simplified competitive negotiations for
professional services other than architects and engineers, and
3. Inserted an emergency provision in the professional
service provisions regarding architects and engineers. This provision
is contained in the State law regarding such selections.
RFC:JGP:cje
cc: Howard V. Gary, City Manager
Ralph G. Ongie, City Clerk
(1)r)"7' 2'
0
4
MIAMI REVIEW
AND DAILY RECORD
Pubi'sned Da", exce0t Saturday, Sunday and
Legal Holidays
Miami Dace Ccunt, Fionda.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Dianna Stuver, who on oath says that she Is the Assistant to
the Publisher o1 the Miami Review and Daily Record, 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
Re: ORDINANCE NO. 9572
In the X X X
Court,
was published in said newspaper in the issues of
Feb.16, 1983
Aftiant further says that the said Miami Review and Daily
Record rs a newspaper publish" 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 Holidaysi and has been
entered as second class mail matter at the post office in
Miam- in said Dade County, Florida. for a periotl of one year
next preceding the first publication of the attached copy of
edvervsement. and effiant further says that she has neither
paid nor promised any person. firm or corporation any discount,
rebate. commission or refund for the p pose of securing this
advertisement r publ(g81ion;tn the sa newspa
/SW 'to,:And tubscribed before me this
16t hay of / • . -Feb:
83
...i A.D. 19
1 too ai
/Notary,PuD! TPL of Florida at Large
(SEAL)
My Commission exptre6 june•'l%�'1983,
CITY OF MIAMI,
DADE COUNTY, FLORIDA
LEGAL NOTICE
All interested will take notice that on the loth day of February,
1983, the City Commission of Miami, Florida adopted the following
titled ordinances:
ORDINANCE NO. 9567
AN ORDINANCE AMENDING ORDINANCE NO. 9332, WHICH
CREATED A NONEXCLUSIVE LICENSE FOR A CABLE TEL-
EVISION SYSTEM IN THE CITY OF MIAMI, BY ADDING TO
SUCH ORDINANCE, CERTAIN PROVISIONS OF RESOLU-
TION NO. 82.1174, PASSED AND ADOPTED BY THE CITY
COMMISSION ON DECEMBER 16, 1982, WITH
MODIFICATIONS, WHICH RESOLUTION AUTHORIZED AND
APPROVED THE GRANTING OF CERTAIN SECURITY INTER-
ESTS IN THE CABLE TELEVISION SYSTEM AND OTHER
PROPERTY INTERESTS OF THE CABLE LICENSEES; PRO-
VIDING PROCEDURES AND CONDITIONS FOR OBTAINING
APPROVAL OF BORROWING BY THE CABLE LICENSEES.
ORDINANCE NO.9568
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF
ORDINANCE NO. 9534, ADOPTED DECEMBER 9, 1982, THE
CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983, AS
AMENDED, BY ESTABLISHING XVIII, AN ENTERPRISE FUND
FOR THE MIAMI SPRINGS GOLF COURSE APPROPRIAT-
ING $65,000 FOR CONSTRUCTION OF THE MIAMI SPRINGS
GOLF COURSE ELECTRIC CART STORAGE FACILITY;
CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE.
ORDINANCE NO, 9569
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1
AND 6 OF ORDINANCE 9502, ADOPTED SEPTEMBER 23,
1982, THE ANNUAL APPROPRIATION ORDINANCE FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1983, AS
AMENDED, BY INCREASING THE APPROPRIATION FOR
THE ENTERPRISE FUND FOR THE MIAMI SPRINGS GOLF
COURSE $75,000, BY INCREASING THE ANTICIPATED REVE-
NUES IN THE SAME AMOUNT FROM THE FY'83 RENTAL
REVENUES FROM SAID GOLF CARTS AND A TENTATIVE
FINANCING ARRANGEMENT WITH THE PRO SHOP
CONCESSIONAIRE; FOR THE PURPOSE OF ALLOCATING
$55,000 FOR THE LEASING OF 65 ELECTRIC GOLF CARTS
AND $20,000 FOR THE PURCHASING OF PRO SHOP
INVENTORY; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
ORDINANCE NO. 9570
AN EMERGENCY ORDINANCE ESTABLISHING A NEW
TRUST AND AGENCY FUND ENTITLED "MIAMI GRAND
PRIX" FOR IMPLEMENTATION IN FISCAL YEAR 1982.83
FOR THE PURPOSE OF PROVIDING AN ACCOUNTING
SYSTEM TO REIMBURSE THE CITY FOR COSTS INCURRED
IN THE STAGING OF AN AUTO RACE ON FEBRUARY 26-27,
1983 WITHIN THE CITY OF MIAMI; WITH AN APPROPRIA-
TION THEREFOR OF $140,815 FROM REVENUES TO BE
COLLECTED FROM MIAMI MOTORSPORTS, INC.;
CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE.
ORDINANCE NO. 9571
AN ORDINANCE AMENDING ORDINANCE NO, 9530, WHICH
ESTABLISHED A MINORITY PROCUREMENT PROGRAM,
BY ESTABLISHING A TIME FOR TERMINATION OF SAID
PROGRAM AND PROVIDING FOR A YEARLY REVIEW OF
THE NEED FOR CONTINUATION THEREOF.
ORDINANCE NO. 9572
AN ORDINANCE AMENDING SECTIONS 18.51 THROUGH
18.71 OF ARTICLE IV. ENTITLED "PURCHASING AND CON-
TRACTS GENERALLY"; AND SECTIONS 18.76 THROUGH
18.77.6 OF ARTICLE IV.5. ENTITLED "PROFESSIONAL SERV-
ICES CONTRACTS"; AND SECTIONS 18.78 THROUGH 18.86
OF ARTICLE V. ENTITLED "SALE OF REALTY", OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY REPEALING SAID SECTIONS IN THEIR ENTIRETY AND
SUBSTITUTING THEREFOR NEW CODE SECTIONS 18.51
THROUGH 18.71 AND 18.76 THROUGH 16.66, ENTITLED:
RALPH G. ONGIE
CITY CLERK
n(7) CITY OF MIAMI, FLORIDA
Publication of this Notice on the 16 day of February 1963,
2116 M83.021602
MR i16