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HomeMy WebLinkAboutLegislation (Version 2) SRSecond Reading Ordinance City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00194 Final Action Date: AN ORDINANCE OF THE MIAMI COMMISSIONAMENDING 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 18-94, ENTITLED "QUALIFICATIONS AND DUTIES OF CONTRACTUAL PARTIES", TO PROVIDE FOR A DETERMINATION OF RESPONSIBILITY, AND SECTION 18-95, ENTITLED "DETERMINATION OF RESPONSIBILITY", TO PROVIDE THAT A PROSPECTIVE CONTRACTUAL PARTY DECLARED IN DEFAULT OFACITY OF MIAMI ("CITY") CONTRACT OR OWING MONEY TO THE CITY WILL BE DETERMINED AS NONRESPONSIBLE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, from time to time the City of Miami ("City") issues various Request for Proposals, Request for Qualifications, Invitation for Bids, and Request for Letters of Interest, (collectively, "Solicitations"); and WHEREAS, it is in the City's best interest to only engage in business with financially responsible vendors; and WHEREAS, if a respondent to a Solicitation owes money to the City, that respondent should be found to be nonresponsible, unless the money owed to the City is paid in full, held in the court registry or held in escrow, prior to acceptance of a response to a Solicitation; 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 * ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE * City of Mianu Page 1 of 3 File Id: 13-00194 (Version: 2) Printed On: 3/27/2013 File Number: 13-00194 Sec. 18-94. Qualifications and duties of contractual parties. The city shall attempt to secure the most qualified contractual parties in its dealings with the private sector in accordance with the provisions of this article. The chief procurement officer or individual purchasing agent shall determine responsibility as part of the duties and qualifications of prospective contractual parties in accordance with this article and other applicable laws and requirements, provided that the awarding authority may make its own determination. Sec. 18-95. Determination of responsibility. (a) Prior to contract award, the chief procurement officer or individual purchasing agent shall determine in writing that the bidder or offeror is responsible. (b) If a prospective contractual party who would otherwise have been awarded a contract is found nonresponsible, a copy of the determination and the reasons therefore shall be sent promptly to such party, which shall be given a reasonable opportunity for rebuttal prior to a final determination of nonresponsibility. (c) Factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (1) Availability of appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, to meet all contractual requirements; (2) A satisfactory record of performance; (3) A satisfactory record of integrity; (4) Qualified legal standing to contract with the city; (5) Compliance in supplying all requested information connected with the inquiry concerning responsibility- i (d) Prior to contract award, the city, through the chief procurement officer or individual purchasing agent, shall determine whether a prospective contractual party is a nonresponsible bidder or offeror, and, therefore, ineligible for the pending award when: (1) the city has terminated, suspended or cancelled a city contract within the past five (5) years, in whole or in part, for cause, due to a default by a bidder or offeror not otherwise formally debarred or suspended from doing business with the city pursuant to the provisions of Section 18-107 herein, where a court of competent jurisdiction has not reversed the action on appeal. or (2) a bidder or offeror has been formally notified by the city in writing of monies owed to the city within the past five (5) years, and thereafter has either withheld payment, failed to pay moneys or is formally disputing the monies allegedly due to the city, unless the full amount of such moneys due the city have been (i) deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits City of Miami Page 2 of 3 File Id: 13-00194 (Version: 2) Printed On: 3/27/2013 File Number: 13-00194 in Court", as amended, or other applicable Federal, State or Local Rules of Court; or (ii) are placed in escrow pursuant to an escrow agreement negotiated with the city attorney; and are subject to distribution to the city or withdrawal by the city by order of the court or in accordance with the terms of an escrow agreement. (ct e) The prospective contractual party shall provide any information requested by the chief procurement officer or purchasing agent concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found nonresponsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting. (1) Evidence that the contractual party possesses such necessary resources; (2) Acceptable plans to subcontract for such necessary resources; or (3) A documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. 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 immediately after final reading and adoption thereof and will apply to solicitations which have not closed, and for which addenda may be timely issued. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU' CITY ATTORNEY 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 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 3 of 3 File Id: 13-00194 (Version: 2) Printed On: 3/27/2013