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Legislation
Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00110 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXERCISE THE ADDITIONAL ONE-YEAR PERIOD RENEWAL
OPTION PROVIDED BY ORDINANCE NO. 12654, ADOPTED FEBRUARY 10,
2005, WHICH AMENDED CHAPTER 18/ARTICLE 111 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI
PROCUREMENT ORDINANCE;" MORE PARTICULARLY WHICH AMENDED
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 AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 10, 2005, the City Commission adopted Ordinance No. 12654, amending
Section 18-89(b) of the Code of the City of Miami, Florida, as amended ("City Code"), eliminating the
language that references the applicability of the ten percent (10%) local preference practice for
contracts for public works or improvements; and
WHEREAS, this change has resulted in lower, more competitive costs for City of Miami ("City")
public works and improvements projects and has increased the delivery of these projects for residents'
benefit; and
WHEREAS, said Ordinance provides the option to renew said change for an additional one-year
period; and
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qualified and competitive construction contractors located outside of the City to bid on City jobs; and
WHEREAS, this continued change reduces the change orders and contract increases often
necessary when some local contractors have difficulty performing adequately at their lower contract
amount; 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 renew the option amending
Section 18-89(b) of the City Code, which references the local preference practice for construction bids;
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, Section18-89(b) of the City Code, entitled "City of Miami
Procurement Ordinance," is amended in the following particulars:{1}
City of Minim
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File Number: 06-00110
*
*
"Chapter 18
FINANCE
ARTICLE III. 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; -premed, hewcvcr that if, on tho basis of the compotitive coalod
--methods, the amou
sive and responsible bidder, such local bidder may be
offered the opportunity of accepting-the-centract at the low bid amount.
Notwithstanding the foregoing, the city manager may waive competitive sealed procurement methods
by making a written finding, supported by reasons, that a valid emergency exists or that there is only
one reasonable source of supply, which finding must be ratified by an affirmative vote of four -fifths of
the city commission after a properly advertised public hearing. When competitive sealed procurement
methods are waived, other procurement methods as may be prescribed by ordinance shall be followed,
except for the cone of silence provisions,
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Section 3. Unless repealed earlier by the City Commission, this amendment will automatically
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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}
APPROVED AS TO FORM AND CORRECTNESS
City of Ilirruli
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File Number: 06-00110
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.
City of Miami
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