HomeMy WebLinkAboutO-12780City of Miami
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Ordinance: 12780
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00110 Final Action Date: 3/9/2006
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 III 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
WHEREAS, it is necessary to utilize this renewal option in an effort to continue to encourage
highly 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.
City of Miami
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File Number: 06-00110 Enactment Number: 12780
Section 2. Chapter 18/Article III, Sectionl8-89(b) of the City Code, entitled "City of Miami
Procurement Ordinance," is amended in the following particulars:{1}
"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; 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
e 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.
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.
Section 3. Unless repealed earlier by the City Commission, this amendment will automatically
sunset one year after its renewal date.
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}
Footnotes:
City of Miami Page 2 of 3 File Id: 06-00110 (Version: 1) Printed On: 12/27/2016
File Number: 06-00110 Enactment Number: 12780
{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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