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Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00690 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
18/ARTICLE III/SECTION 18-89, OF THE CODE OF THE CITY OF MIAMI, FLORIDP
AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT
ORDINANCE/CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," BY
SETTING FORTH THE BASIS FOR WHICH EMERGENCY FINDINGS MAY BE
MADE BY THE CITY COMMISSION FOR THE PROCUREMENT OF GOODS OR
SERVICES IN EXCESS OF $25,000; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 18/Article III/Section 18-89 of the Code of the City of Miami, Florida, as
amended, entitled "Finance/City of Miami Procurement Ordinance/Contracts for Public Works or
Improvements," is amended in the following particulars:{1}
"Chapter 18
FINANCE
ARTICLE lll. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-89. Contracts for public works or improvements.
(b) All contracts for public works or improvements in excess of $25,000.00 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.
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.
Further, the city commission may waive competitive sealed procurement methods by a four -fifths vote
Winding, supported by reasons, that a valid emergency exists or that there is only one reasonable
source of supply, which finding must be made at an advertised public hearing.
City of Miami Page 1 of 2 Printed On: 7/19/2005
File Number: 05-00690
When competitive sealed procurement methods are waived, other procurement methods as may
prescribed by ordinance shall be followed, except for the cone of silence provisions.
Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:&
JOR E L FERNANDEZ
C1T ATJORN EY
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 Page 2 of 2 Printed On: 7/19/2005