The URL can be used to link to this page

Home My WebLink AboutO-13275City of Miami Legislation Ordinance: 13275 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00434 Final Action Date: 7/14/2011 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-85(A), TO INCREASE THE LOCAL PREFERENCE FOR SEALED BIDS FROM 10% TO 15% AND TO DEFINE A SECONDARY BEST AND FINAL OFFER PROCEDURE FOR ALL BIDDERS WITHIN THIS 15% LOCAL PREFERENCE THRESHOLD; AMENDING SECTION 18-86(C)(1), TO PROVIDE THAT, FOR CERTAIN PERSONAL AND PROFESSIONAL SERVICES, A REQUEST FOR PROPOSALS, REQUEST FOR LETTERS OF INTEREST OR A REQUEST FOR QUALIFICATIONS MAY SPECIFY A 5% LOCAL PREFERENCE AS AN EVALUATION CRITERION; AND AMENDING SECTION 18-89(B), TO INCREASE THE LOCAL PREFERENCE IN CERTAIN PUBLIC WORKS CONTRACTS FROM 10% to 15% AND TO DEFINE A SECONDARY BEST AND FINAL OFFER PROCEDURE FOR ALL BIDDERS WITHIN THE 15% LOCAL PREFERENCE THRESHOLD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") procurement ordinance currently states that if the amount of a bid submitted by a bidder who maintains a local office is not more than 10% in excess of lowest other responsive and responsible bidder or bidders, such local bidder may be offered the opportunity of accepting the contract at the lowest bidder amount; and WHEREAS, the City is seeking to increase this threshold from 10% to 15% for sealed bids and to define a secondary best and final offer procedure for all bidders within this 15% local preference threshold; and to specify a 5% local preference evaluation criterion for certain Requests for Proposals, Requests for Letters of Interest or a Request for Qualifications in the exercise of the reasonable professional discretion of the City Manager, Director of the using agency and the Chief Procurement Officer; 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 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 Ordinance", is further amended in the following particulars:{1} "CHAPTER 18 FINANCE City of Miami Page 1 of 4 File Id: 11-00434 (Version: 2) Printed On: 10/12/2017 File Number: 11-00434 Enactment Number: 13275 ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-85. Competitive sealed bidding. (a) Conditions for use. Competitive sealed bidding shall be used for the award of all contracts for goods, equipment and services over $25,000.00, except as otherwise provided for in this article, where it is both practicable and advantageous for the city to specify all detailed plans, specifications, standards, terms and conditions so that adequate competition will result and award may be made to the lowest responsive and responsible bidder principally on the basis of price; provided, however, when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder. that if the amount of a bid submitted by a bidder who maintains 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. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting the conclusion that competitive sealed bidding is not practicable or is not advantageous to the city, which finding must be ratified and the award approved by an affirmative vote of four -fifths of the city commission or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation after a properly advertised public hearing. When competitive sealed bidding methods are waived, other procurement methods shall be followed except for the cone of silence provisions, which shall not be applicable. This section shall not apply to transfers to the United States or any department or agency thereof, to the state or to any political subdivision or agency thereof. Sec. 18-86. Competitive negotiations/competitive sealed proposals. (c) Competitive sealed proposal method. Where the contract exceeds $50,000.00, the city may utilize the following competitive sealed proposal method: (1) Request for proposals (RFP) or request for letters of interest (RFLI) or request for qualifications (RFQ) setting forth the terms and conditions of the professional or personal services sought, including but not limited to, scope of work and evaluation factors, shall be issued. The RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, City of Miami Page 2 of 4 File Id: 11-00434 (Version: 2) Printed On: 10/12/2017 File Number: 11-00434 Enactment Number: 13275 director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 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. For contracts for public works and improvements in excess of $25,000 where it is both practicable and advantageous for the city to specify all detailed plans, specifications, standards, terms and conditions so that adequate competition will result and award may be made to the lowest responsive and responsible bidder principally on the basis of price; provided, however, when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidder(s) shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder. that if the amount of a bid -submitted by a bidder who maintains a local office_is not more than ten percent in excess of the lowest other responsive arm -responsible bidder, such local bidder may be offerer! the opportunity of accepting the contract at the low bid amount *n Section 3. If any section, part of a 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} Footnotes: City of Miami Page 3 of 4 File Id: 11-00434 (Version: 2) Printed On: 10/12/2017 File Number: 11-00434 Enactment Number: 13275 {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 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 4 of 4 File Id: 11-00434 (Version: 2) Printed On: 10/12/2017