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Home My WebLink AboutExhibit 5AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENTS), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. WHEREAS, the construction industry, and the businesses that rely on the construction industry have been severely adversely impacted by the nationwide economic crisis; and WHEREAS, the local labor force has lost a substantial number of construction related jobs and local business are failing at an increasing rate; and WHEREAS, City Commission finds it necessary and appropriate and in the best interest of the City of Miami to take immediate steps to help stimulate the economy; and WHEREAS, the City Commission desires to institute procedures to expedite certain capital construction projects and professional services, identified in Attachment 'A" related thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 18, Article III of the Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:{1} "CHAPTER 18 City of Miand Page I of 4 Printed On: 11112/2008 City of Miami City !-tall 3500 Pan American t Drive Legislation Le � Miami, FL 33133 www.miamigov.cortt Ordinance File Number: 08-01316 Final Action Date: AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENTS), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A," ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. WHEREAS, the construction industry, and the businesses that rely on the construction industry have been severely adversely impacted by the nationwide economic crisis; and WHEREAS, the local labor force has lost a substantial number of construction related jobs and local business are failing at an increasing rate; and WHEREAS, City Commission finds it necessary and appropriate and in the best interest of the City of Miami to take immediate steps to help stimulate the economy; and WHEREAS, the City Commission desires to institute procedures to expedite certain capital construction projects and professional services, identified in Attachment 'A" related thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 18, Article III of the Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:{1} "CHAPTER 18 City of Miand Page I of 4 Printed On: 11112/2008 File Number. 0&01316 FINANCE ARTICLE Ill. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-117. Economic Stimulus Awards and Aqreements LZ This ordinance to be known as the Economic Stimulus Awards and Agreements, is intended to provide an expedited_ process to award contracts related to certain capital construction proiects, identified in Attachment "A" or by City Commission Resolution with the express purpose of stimulating the local economy. (2) The expedited process set forth herein shall be applicable to the processing design, and construction of capital improvement proiects identified in Attachment A. The City Commission may. from time to time by passage of resolutions add or delete proiects from the list of Economic Stimulus Projects to which this Section applies. (3) All actions taken under this ordinance shall be subject to review by the Office of Strategic Planning, Budgeting and Performance to ensure funding is available for each proiect. (4) Notwithstanding any other provision of the Code of the City of Miami ("City. Code"), including, without limitation the City of Miami Procurement Ordinance to the contrary, the City Manager or his her designee shall have the following authority only with respect to the identified Economic Stimulus Proiects: (a) To appoint evaluation selection and negotiation committees to obtain professional services as defined by and in accordance with 6 287.055, Fla. Stat, ( 'The Consultant's Competitive Negotiation Act or CCNA') as amended eliminating the requirements of Section 18-542 (12) requiring that the maiority of evaluation committee be from the public, and provided that each such committee should contain whenever possible representation from the user department. (b) To issue bid and proposal documents including addenda thereto. (c) To receive, open, review and evaluate bids and proposals. (5) The City Manager may award and execute contracts including Professional services agreements and construction _contracts in accordance with b 255-20, Fla. Stat. ("Local bids and contracts for public construction works" )as amended without City Commission approval and issue the Notice to Proceed on each where: (a) The award value of the contract has been reviewed approved by the Office of Strategic Planning Budgeting, and Performance; and (b) The value of the recommended award does not exceed the estimated cost of construction by more than ten (10) percent: and City of>ftamP Page 2 of 4 Printed On: II/ File Number. 08-01316 (c) At least three bids are received from responsive and responsible bidders; and (d) The contractor or professional services firm receiving the award is in good standing with the City including but not limited to having no outstanding debts to the City and proves demonstrated acceptable past performance, and (e) The contractor has submitted required insurance bonds, affidavits, and documentation required by the solicitation, and (f) None of the bidders or proposers have timely filed a bid protest (6) The city manager shall submit to the city commission on a bi-monthly basis- a listing of any contracts including the names of the firms the names of the projects, and the amount of compensation of any contracts the city manager has awarded under this section. (7) Excepting for the execution of contracts the city manager may delegate his or her duties under this section to the director of the capital improvements programs the chief procurement officer or the administrative head of the user agency. All contracts awarded under this section shall be in a form acceptable to the City Attorney. (,8) Contract contingency allowances of ten (10) percent for Economic Stimulus Projects will be utilized to minimize disruptions in the flow of the work Change orders will be submitted for City Commission approval if they increase the contract contingency as set forth herein Such change orders will include a report on the draws against the initial contingency. (9) This Ordinance shall sunset upon completion of the approved list of projects, as may be amended unless this Ordinance is earlier repealed by the City Commission, Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. f21 APPROVED AS TO FORM AND CORRECTNESS: JULiE O. BR CiTY ATTORNEY City of Miami Page 3 of 4 Printed On: 111,(V eVU5 File Number.• 08-01316 Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2}This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miamt Page 4 of 4 Printed On: 11111/2008