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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www,ci.miami.fl.us
File Number: 04-01429 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/
ARTICLE 111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE;" MORE
PARTICULARLY BY AMENDING SECTION 18-89(B), ELIMINATING THE
APPLICABILITY OF THE TEN PERCENT (10%) LOCAL PREFERENCE FOR
CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, PROVIDING FOR AN
EFFECTIVE DATE; SUNSETTING SAID CHANGE AT THE END OF ONE YEAR
FROM THE EFFECTIVE DATE, WITH THE OPTION TO RENEW FOR AN
ADDITIONAL ONE-YEAR PERIOD.
WHEREAS, the City of Miami ("City") has provided a preference to vendors with offices located
within the City's jurisdictional limits; and
WHEREAS, this preference for construction bids allows a contractor whose bid is within 10% of the
lowest bid to accept the contract award at the low bid price; and
WHEREAS, the language in the Code of the City of Miami, Florida, as amended ("City Code"),
states that an opportunity may be offered at the City's option, but in practice is offered automatically,
with the result that many highly qualified and competitive contractors located outside of the City no
longer bid on City jobs; and
WHEREAS, additionally, some local contractors given work under said option have had difficulty
performing adequately at the lower contract amount, often resulting in change orders and contract
increases; and
WHEREAS, during this critical period of peak construction activity within the City and all of South
Florida, the City seeks to attract top quality and high performing construction contractors; and
WHEREAS, an amendment to Section 18-89(b) of the City Code, that eliminates, for a time, the
language that references the local preference practice, will result in lower, more competitive costs for
City public works or improvements and may speed the delivery of projects for residents' benefit; and
WHEREAS, the City Commission, after careful consideration of the matter, deems it advisable and
in the best interest of the general welfare of the City and its inhabitants to amend Section 18-89(b) of
the City Code, which references the local preference practice for construction bids; and
WHEREAS, it is the intent of the City's Administration to recommend to the City Commission a
local preference provision which is more in line with the current practices of other local governments,
after a thorough study of Local Preference Provisions of other local and state governments;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
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File Number: 04-01429
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, Section18-89(b) of the City Code, entitled "City of Miami
Procurement Ordinance," is amended in the following particulars:{1}
"Chapter 18
FINANCE
ARTICLE Ili. CITY OF MIAMI PROCUREMENT ORDINANCE
Section 18-89. Contracts for public works or improvements.
(b) All contracts for public works or improvements in excess of $25,000 shall be awarded to the
lowest responsive and responsible bidder after public notice on the basis of competitive sealed
bidding methods, as provided herein or as provided in applicable Florida Statutes, whichever is
determined to be in the best interest of the city;
amen.
Section 3. Unless repealed earlier by the City Commission, this change will automatically sunset
one year after its effective date and may be renewed for an additional one-year period upon further
legislative action by the City Commission.
Section 4. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPR. ED AS TO FORM AND CORRECTNESSe-^
JORGE . F= RNANDEZ
CIT TO' EY
City of Miami
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File Number: 04-01429
Footnotes:
{1} 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.
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