HomeMy WebLinkAboutFR/SR Text File ReportCity of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.ei.miami.11.us
File ID: 04-01429
Enactment #: 12654
Version: 2
Type: Ordinance Status: Passed
Enactment Date: 2/10/05
Introduced: 12/20/04 Controlling Body: Office of the City
Clerk
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF
MIAM1 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, alter a thorough study of Local
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in applicable Florida Statutes, whichever is determined to be in the best interest of the city; provided, however that if, on the
basis of the competitive sealed bidding methods, the amount of the bid submitted by a bidder with a local office is not more
than ten percent in excess of the lowest other responsive and responsible bidder, such local bidder may be offered the
opportunity of accepting the contract at the low bid amount.
Section 3. Unless repealed earlier by the City Commission, this change will automatically sunset one year atter 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 alter final reading and adoption thereof:(2)
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