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City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 11-00801
Enactment #: R-11-0412
Version: 2
Type: Resolution
Introduced: 8/23/11
Status: Passed
Enactment Date: 10/13/11
Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO.
13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A,"
WITH "ATTACHMENT A - 9/27/11 REVISED," ATTACHED AND INCORPORATED, FOR THE
PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND
PROJECTS.
WHEREAS, Ordinance No. 13045, adopted December 11, 2008, amending Chapter 18, Article III of the Code of the City
of Miami, Florida, as amended, the "Procurement Ordinance," enacted a new Section 18-117 entitled "Economic Stimulus
Awards & Agreements"; and
WHEREAS, the new section established measures to stimulate the local economy by creating a process to expedite the
award of professional services agreements and contracts for certain projects identified in an "Attachment A" of said
ordinance; and
WHEREAS, said ordinance authorized the City Manager to advertise for, receive, review, reject, evaluate responses and
award contracts for the listed projects; and
WHEREAS, pursuant to said ordinance, the City Commission may add or delete projects from "Attachment A" by
passage of resolutions; and
WHEREAS, as these projects require efficiency across planning, procurement, and implementation of program
components, Capital Improvements Program ("CIP") and the City Manager recommend amending "Attachment A," by
replacing it with the attached,"Attachment A - 9/27/11 REVISED," which includes upcoming CIP solicitations, and
construction projects; and
WHEREAS, the Office of Strategic Planning; Budgeting, and Performance will perform a review of budget availability
prior to the time of award of any contract;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings found in the Preamble to this Resolution are adopted by reference and incorporated
as if fully set forth in this Section.
Section 2. An Amendment of the City of Miami's list of expedited projects, pursuant to Ordinance No. 13045, adopted
December 11, 2008, by replacing the current "Attachment A," with attached "Attachment A - 9/27/11 REVISED," attached
and incorporated, is authorized, for the purpose of including upcoming capital improvement solicitations and projects.
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Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. { 1 }
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City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 08..01316
Enactment #: 13045
Version: 2
Type: Ordinance
Introduced: 11/3/08
Status: Passed
Enactment Date: 12/11/08
Controlling Body: Office of the City
Clerk
AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), 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 ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS
AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL
ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL
SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL
IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT "A,"
ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR
CITY •COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE
CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD
SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN
EFFECTIVE DATE AND A SUNSET PROVISION.
WHEREAS, the construction industry, and the businesses that rely on the construction industry have been severely
adversely impacted by the nationwide economic crisis; and
WHEREAS, the local labor force has lost a substantial number of construction related jobs and local business are failing
at an increasing rate; and
WHEREAS, City Commission finds it necessary and appropriate and in the best interest of the City of Miami to take
immediate steps to help stimulate the economy; and
WHEREAS, the City Commission desires to institute procedures to expedite certain capital construction projects and
professional services, identified in Attachment "A," related thereto;
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 Ill of the Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami
Procurement Ordinance," is amended in the following particulars: {1)
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"CHAPTER 18
FINANCE
* *-*
ARTICLE II1. CITY OF MIAMI PROCUREMENT ORDINANCE
• M *
Sec. 18-117. Economic Stimulus Awards and Agreements.
(1) This ordinance, to be known as the Economic Stimulus Awards and Agreements, is intended to provide an expedited
process to award contracts related to certain capital construction projects, identified in Attachment "A" or by City
Commission Resolution, with the express purpose of stimulating the local economy.
(2) The expedited process set forth herein, shall.be applicable to the processing, design, and construction of capital •
improvement projects identified in Attachment A. The City Commission may, from time to time, by passage of resolutions,
add or delete projects from the list of Economic Stimulus Projects to which this Section applies.
(3) All actions taken under this ordinance shall be subject to review by the Office of Strategic Planning, Budgeting, and
Performance to ensure funding is available for each project.
(4) Notwithstanding any other provision of the Code of the City of Miami ("City Code"), including, without limitation, the
City of Miami Procurement Ordinance, to the contrary, the City Manager or his / her designee shall have the following
authority only with respect to the identified Economic Stimulus Projects:
(a) To appoint evaluation, selection and negotiation committees to obtain professional services as defined by and in
accordance with § 287.055, Fla. Stat, ( "The Consultant's Competitive Negotiation Act or CCNA") as amended, eliminating
the requirements of Section 18-542 (12) requiring that the majority of evaluation committee be from the public, and provided
that each such committee should contain, whenever possible , representation from the user department.
(b) To issue bid and proposal documents including addenda thereto.
(c) To receive, open, review and evaluate bids and proposals.
(5) The City Manager may award and execute contracts including professional services agreements and construction
contracts in accordance with § 255.20, Fla. Stat. , ("Local bids and contracts for public construction works")as amended,
without. City Commission approval and issue the Notice to Proceed on each where:
(a) The award value of the contract has been reviewed approved by the Office of Strategic Planning, Budgeting, and
Performance; and
(b) The value of the recommended award does not exceed the estimated cost of construction" by more than ten (10) percent;
and
(c) At least three bids are received from responsive and responsible bidders; and
(d) The contractor or professional services finn receiving the award is in good standing with the City including but not
limited to having no outstanding debts to the City and proves demonstrated acceptable past performance, and
(e) The contractor has submitted required insurance, bonds, affidavits, and documentation required by the solicitation; and
(f) None of the bidders or proposers have timely filed a bid protest
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(6) The city manager shall submit to the city commission, on a bi-monthly basis, a listing of any contracts including the
names of the firms, the names of the projects, and the amount of compensation of any contracts the city manager has
awarded under this section.
(7) Excepting for the execution of contracts, the city manager may delegate his or her duties under this section to the director
of the capital improvements programs, the chief procurement officer or the administrative head of the user agency. All
contracts awarded under this section shall be in a foram acceptable to the City Attorney.
(8) Contract contingency allowances of ten (10) percent for Economic Stimulus Projects will be utilized to minimize
disruptions in the flow of the work. Change orders will be submitted for City Commission approval if they increase the
contract contingency as set forth herein. Such change orders will include a report on the draws against the initial
contingency.
(9) This Ordinance shall sunset upon completion of the approved list of projects, as may be amended unless this Ordinance
is earlier repealed by the City Commission.
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)
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