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Ordinance
File Number: 07-01088A
City .
3500 Pan Ai.
Drive
Miami, FL 3313..
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 18/
ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT," MORE PARTICULARLY
BY AMENDING SECTION 18-84 TO REQUIRE THAT ALL INVITATION FOR BIDS,
REQUEST FOR LETTERS OF INTEREST, REQUEST FOR PROPOSALS,
REQUEST FOR QUALIFICATIONS OR ANY OTHER METHOD OF SOURCE
SELECTION-, WHETHER FORMAL OR INFORMAL, TO BE ISSUED BY THE CITY
OF MIAMI SHALL BE DEVELOPED OR DRAFTED BY CITY OF MIAMI
EMPLOYEE(S) AND IN THE EVENT THAT THE SAME ARE NOT DEVELOPED
OR DRAFTED BY CITY OF MIAMI EMPLOYEE(S), THE NON -CITY OF MIAMI
EMPLOYEE(S) OR FIRM ASSISTING, DEVELOPING, OR DRAFTING ANY
PORTION OF THE SOLICITATION DOCUMENT SHALL BE PROHIBITED FROM
COMPETING FOR THE AWARD OF ANY CONTRACT RESULTING FROM SUCH
PROCESS AND SHALL BE TREATED AS PART OF THE CITY'S PROFESSIONAL
STAFF UNDER THE CONE OF SILENCE, WHEN APPLICABLE; THIS PROVISION
DOES NOT APPLY TO CIRCUMSTANCES WHEREBY THE CITY ENGAGES
NON -CITY OF MIAM EMPLOYEE(S) OR FIRM TO COLLECT OR PROVIDE
INDUSTRY COMMENTS, CONDUCT MARKET RESEARCH, OR PROVIDE
TECHNICAL DATA.
WHEREAS, the City Commission wishes to maintain credibility and integrity in the public
procurement process;
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" is amended in the following particulars:{1 }
"Chapter 18
FINANCE
* * *
ARTICLE III. City of Miami Procurement
Sec. 18-84. Methods of source selection.
All purchases of goods, including but not limited to supplies, materials, equipment, printed
City of Miami Page I of 2 Printed On: 9/27/2007
File Number: 07-01088A
materials and all purchases of services, including but not limited to personal, professional,
management, technical, contractual and general services needed by the city, but not including legal
services, may be obtained by contract or through city labor and materials and shall be exclusively
made in the manner set forth in this article.
All invitation for bids, request for letters of interest, request for proposals, request for qualifications or
any other method of source selection, whether formal or informal, to be issued by the city shall be
developed or drafted by city employee(s) and in the event that the same are not developed or drafted
by city employee(s), the non -city employee(s) or firm assisting, developing, or drafting any portion of
the solicitation document shall be prohibited from competing for the award of any contract resulting
from such process and shall be treated as part of the city's professional staff under the Cone of
Silence, when applicable; this provision does not apply to circumstances whereby the city engages
non -city employee(s) or firm to collect or provide industry comments, conduct market research, or
provide technical data.
Any agreement for purchase entered into in any manner inconsistent with the procedures
stated in this article by any person shall be voidable the city.
Section 3. All Ordinances or parts or Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
AP • + D AS TO FORM AND CORRECTNESS:
OE; L. FERNANDEZ
CITY`A TORNEY
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 calendar 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 Page 2 of 2 Printed On: 9/27/2007