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HomeMy WebLinkAboutLegislation (Version 3) SRFile Number: 13-00188 City Hall 3500 Pan American Drive Miami, FL 33133 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 ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-72 ENTITLED "APPLICATION AND EXCLUSIONS," TO UPDATE OBSOLETE INFORMATION WITH CURRENT INFORMATION AND TO ADD SEVERAL EXCLUSIONS; AND BY AMENDING SECTION 18-73 ENTITLED "DEFINITIONS," TO ADD SEVERAL NEW DEFINED TERMS AND TO UPDATE SEVERAL EXISTING DEFINED TERMS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, obsolete information exists in Section 18-72(a)(2), certain provisions require clarification, and several exclusions need to be added to Section 18-72(b) of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, on January 10, 2013, the City Commission issued a directive to the City Administration for the Director of Purchasing to develop language for consideration by the City Commission that will update the definition of "Local Office" as it pertains to the City of Miami's ("City's") local preference ordinance; and WHEREAS, the Director of Purchasing has researched several definitions of the term "Local Office" as currently codified by other municipal entities throughout south Florida; and WHEREAS, it is additionally necessary to add several new defined terms and to update several . miscellaneous existing defined terms in Section 18-73 of the City Code; 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 City Code, 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 I of 8 File Id. 13-00188 (version: 3).Printed On: 4/26/2013 City of Miami Legislation Ordinance File Number: 13-00188 City Hall 3500 Pan American Drive Miami, FL 33133 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 ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-72 ENTITLED "APPLICATION AND EXCLUSIONS," TO UPDATE OBSOLETE INFORMATION WITH CURRENT INFORMATION AND TO ADD SEVERAL EXCLUSIONS; AND BY AMENDING SECTION 18-73 ENTITLED "DEFINITIONS," TO ADD SEVERAL NEW DEFINED TERMS AND TO UPDATE SEVERAL EXISTING DEFINED TERMS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, obsolete information exists in Section 18-72(a)(2), certain provisions require clarification, and several exclusions need to be added to Section 18-72(b) of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, on January 10, 2013, the City Commission issued a directive to the City Administration for the Director of Purchasing to develop language for consideration by the City Commission that will update the definition of "Local Office" as it pertains to the City of Miami's ("City's") local preference ordinance; and WHEREAS, the Director of Purchasing has researched several definitions of the term "Local Office" as currently codified by other municipal entities throughout south Florida; and WHEREAS, it is additionally necessary to add several new defined terms and to update several . miscellaneous existing defined terms in Section 18-73 of the City Code; 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 City Code, 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 I of 8 File Id. 13-00188 (version: 3).Printed On: 4/26/2013 File Number: 13-00188 Sec. 18-72. Application and exclusions. (a) Application. Regardless of the source of funds, including state and federal assistance monies, and except as otherwise specified by law, the provisions of this article shall apply to every purchase/procurement by: (1) All city entities or boards, as hereinafter defined, except for the Csommunity R redevelopment A agencies. (2) The Downtown Development Authority, the department of off street parking, Liberty City Community Revitalization the Medel City HGFneG eiRorc Trust, th.-Civilian Investigative Panel, Bayfront Park Management Trust, Virginia Key Beach Park Trust, and the Miami Sports and Exhibition Authority (each referred to herein as the "board" or "city entity, as applicable); provided, however, that: a. With respect to each board, the following terms shall have the meanings ascribed to them in this section: "City" shall mean the board. 2. "City manager" shall mean the executive director of the board. 3. "Chief procurement officer" shall mean the executive director of the board or his or her designee. 4. "City commission" shall mean the board of directors of the board. b. The cone of silence shall not apply to any board or city entity set forth in subsection 18-72 (2) herein or the community redevelopment agencies. (b) Exclusions. This article shall not apply to: (1) Procurement of dues and memberships in trade or professional organizations; registration fees for trade and career fairs; subscriptions for periodicals and newspapers; advertisements; postage; expert W treses; legal sePAGes abstracts of titles for real property and title searches; title insurance for real property; water, sewer, and electrical utility services; copyrighted materials or patented materials including but not limited to technical pamphlets, published books, maps, testing or instructional materials; fees and costs of job-related seminars and training. (2) The sale or lease of city -owned rReal property, as these are governed by the provisions of 3f(iii) and Section 29 A -D of the City Charter and Chapter 18, Article V, City Code. (3) Goods purchased with petty cash in accordance with established city procedures. (4) Items purchased for resale to the general public. (5) Purchase of groceries. (6) Artistic services or works of art. (7) Hotel accommodation and services. (8) Public -owned transportation. (9) Purchase of tickets for special events, tourist attractions and amusement parks. (10) City -sponsored events at hotels, motels, restaurants, or other similar venues not City of Miami Page 2 of 8 File Id: 13-00188 (version: 3) Printed On: 4/26/2013 File Number: 13-00188 owned by the city. (11) Entertainment services for city -sponsored events. (12) Purchases of motor vehicle license plates from a governmentally regulated monopoly or a government agency. (13) Travel on city business as provided in APM-77, as amended. (14) Persons retained as expert consultants, as defined herein. (15) Maintenance and licensing agreements to support continued, on-going use of proprietary software applications, the original software purchase of which was procured and approved fully in accordance with Chapter 18, Article III, City Code. (16) Legal services coordinated by and through the Office of the City Attorney citywide, including, but not limited to: attorney services, paralegals, expert witnesses, jury consultants, legal support services, legal research, court reporters and stenographers. (17) Water, sewer, electrical, telecommunications or utility relocation agreements within a prior approved easement, the construction relocation of which must be performed by the water, sewer, electrical, telecommunications or a utility owner's representative. (18) Actuarial services procured in accordance with Section 40-196(b)(6), City Code, Sec. 18-73. Definitions. For the purposes of this article, the following terms shall have the meanings ascribed to them in this section: Addendum means an formal amendment addition or supplement to a solicitation document: for example, items or information that have been added to or removed from a solicitation document. Administrative policies and procedures of purchasing means those appropriately promulgated directives having general or particular applicability designed to implement or interpret policy, or describing organization, procedure, or practice requirements. Amendment means a modification, deletion, or addition to an executed agreement. Bid means a formal written price offered by a business to the city to furnish specific goods, equipment and/or contractual services or public works or improvements in response to an +Invitation for Bbids or an Invitation to Bid. Bid award means award of a bid for which funds have lawfully been appropriated by the city commission. Bidder means a respondent to an Invitation for Bids or an Invitation to Bid. Blanket purchase order means a purchase order under which a contractual party agrees to provide Goods or services to a purchaser on a demand basis; the purchase order generally establishes a maximum dollar limit, prices, terms, conditions, and the period covered, with no specified quantities; shipments are to be made as required by the purchaser. Brand name "or equal" specifications means specification (s) limited to one or more items by the manufacturer's names or catalog numbers to describe the standard of quality, performance, and other salient characteristics needed to meet the city's requirements and City of Aliami Page 3 of 8 File 1d: 13-00188 (version: 3) Printed On: 412612013 File Number: 13-00188 which provide(s) for the submission of equivalent products. Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. Change order means a written modification to a contract or purchase order, which normally revises the quantities or scope of services, and may include an extension of time to complete the contract. Chief procurement officer means the person holding the position as the director of the department of purchasing of the city. City entity(ies) sha4 means the city, the office of the mayor, the city commissioners, the . city manager, the city clerk, all city departments and offices, the city commission, every agency, authority, advisory board, regulatory board, quasijudicial board, semiautonomous instrumentality, committee, task force, trust, or any group created and/or funded, in whole or in part, by the city commission, provided, with the exception of the community redevelopment agencies, Contract means: (1) A legally binding promise enforceable by law; a written agreement between two or more competent parties to perform or not perform a specific act or acts, (2) All types of agreements for the procurement or disposal of goods, services or public works or improvements. Contractual party means a person or entity that enters into a contract with the city, or supplies goods, equipment or services to the city. Contractual services means contractual or general services that include, but are not limited to, cleaning and security guard services; grounds maintenance; leasing; and rental, maintenance or repair of equipment, supplies, machinery and other city -owned personal property. The term shall not include professional or other personal services, which are by their nature unique or are not subject to competitive bidding. Cooperative purchasing means: (1) Procurement conducted on behalf of two or more public entities; (2) The combining of requirements of two (2) or more public entities in order to obtain the benefits of volume purchasing and/or reduction in administrative expenses. Designee means a duly authorized representative of a person holding a superior position. Electronic means electric, digital, magnetic, optical, electromagnetic, or any other similar technology. Emergency procurement means a purchase made in response to a need when the delay incident to complying with all governing rules, regulations, and/or procedures would be detrimental to the life, health, welfare, safety or convenience of the city and/or its residents. Goods means any tangible personal property other than services or real property. Invitation for Bbids (IFB), aka Invitation to Bid (ITB), means the solicitation document and all attachments and addenda used for competitive sealed bidding for the procurement of City of Mianu Page 4 of 8 File Id: 13-00188 (Version: 3) Printed On: 4/26/2013 File Number.' 13-00188 public works or improvements, goods, equipment and/or contractual services. The IFB/ITB is used when the using agency is capable of specifically defining the scope of work for which a contractual or general service is required or when the using agency is capable of establishing precise specifications defining the actual commodity or group of commodities required. Local office means a business within the City which meets all of the following criteria: 1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, an4- for a minimum of twelve (12) six months immediately precedingpFiOF the date bids or proposals were received for the purchase or contract at issue;- for purposes of this section, "staffed" shall mean verifiable, full-time, on-site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; ,4a post office box shall not be sufficient to constitute a local office within the city-; and 2) If the business is located in the.permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months Gne year, Ise been in effect for no less than the twelve (12) s+x months immediately preceding pFie�te the date bids or proposals were as received, and be available for review and approval by the chief procurement officer or its designee-; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents in writing continuous ,business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; and 3) Has had, fora minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue a current Business Tax Receipt issued by both the city and Miami -Dade County, if applicable; and 4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue any license or certificate of competency and certificate of use required by either the city or Miami -Dade Countv that authorizes the performance of said business operations; and 5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, City of Mianu Page 5 of 8 File Id: 13-00188 (Version: 3) Printed On: 4/26/2013 File Number: 13-00188 that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or propsal. Most advantageous means a judgmental assessment of what is in the best interests of the city and denotes a condition, which will result in a maximum benefit being conferred upon the city. On-line procurement/bidding means a procurement process in which the purchasing department receives bids for goods, equipment, and contractual services, electronically transmitted over the Internet in a real-time, open, interactive competitive bidding event. Persons retained as expert consultants means individuals acting as independent contractors retained by the city manager on a contract basis with a specific term for the purpose of performing specialized defined tasks that require knowledge, skills and training not otherwise available to the city by temporary or permanent members of the classified or unclassified service and which tasks, by their nature, require independent and autonomous judgment. Remuneration for the services of such persons shall.not exceed $125,000.00 in any one year, and shall be payable on a per diem basis. Practicable means that which may be accomplished or put into practical application. Procurement means buying, purchasing, renting, leasing or otherwise acquiring any goods and/or services for public purposes in accordance with the law, rules, regulations and procedures intended to provide for the economic expenditure of public funds. It includes, but is not limited to, all functions which pertain to the obtaining of any supplies, materials, equipment and/or services, including public works and improvements and capital improvement projects, as defined herein, required by any department or agency of city government, regardless of the source of funds. For the purposes of this article, it excludes those items set forth in subsection 18-72(b). Professional and personal services means (a) services, the value of which is substantially measured by the professional competence of the person performing them, and which are not susceptible to realistic competition by cost of services alone; (b) services rendered by members of a recognized profession or persons possessing a specialized skill. Such services are generally acquired to obtain information, advice, training or direct assistance. Professional and personal services shall include but not be limited to services customarily rendered by architects, engineers, surveyors, auditors, software and system applications, planning, electronic, technology, technical and management consultants, appraisers, and medical -related providers. Proposal means an executed formal document submitted by a proposer to the city, stating the goods and/or services offered to satisfy the need as requested in the Rrequest for Pproposals, er Rrequest for Lietters of linterest or Rrequest for Qpualifications. Proposer means a respondent to a Request for Proposals, Request for Letters of Interest or Reauest for Qualifications. City of Miand Page 6 of 8 File id: 13-00188 (version: 3) Printed On: 4/26/2013 File Number: 13-00188 Public notice unless otherwise specified herein, s4a-4means publication in a newspaper of general circulation in the city within a reasonable time. Purchase means the same as procurement, as defined herein. Purchase order means the city's document used to authorize a purchase transaction with a contractual party. It should contain a description of goods and/or services ordered, applicable terms as to payment, discounts, date of delivery/performance, insurance and other factors or conditions relating to the transaction. Acceptance of a purchase order by a contractual party shall constitute a contract, except in those instances in which a purchase order is used only as an internal encumbrance document. Quotation or informal bid means any oral or written informal offer by an offeror to the city to furnish specific goods and/or services at a stated price. Request for Lletters of linterest (RFLI) means a solicitation of responses from interested and prospective proposers to submit a summary of their qualifications and/or capabilities and state their interest in performing a specific job or service. Proposers may be given latitude in offering a service that may fulfill the city's need. Request for Pproposals (RFP) means all documents, whether attached or incorporated by reference, utilized for soliciting competitive sealed proposals for goods and/or services. Evaluation of a proposal is based on prior established criteria wherein the RFP shall state the relative importance of price and other evaluation factors. Request for Qqualifications (RFQ) means a solicitation of responses from interested and prospective propose rs/resPGR e RtS in which factors other than price, including but not limited to financial capability, reputation, experience, and business competency, are considered and evaluated in order to develop a list of qualified proposersr�de+at-s. Request or linvitation for Qquotation means a competitive solicitation for an informal bid price for supplies or services that is conveyed by form, letter, telephone or other means and does not require advertisement or a sealed bid public opening, or public reading of bids. Responsible bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or response, which has the capability, as determined by the city, in all respects to perform fully the contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or response which conforms in all material respects to the solicitation. Scope of work means a detailed description of the work set forth in the Rrequest for Pgroposals, Rrequest for QClualifications, or Rrequest for Lfetters of Ifnterest which the contractual party will be required to perform. Signature means a manual or electronic identifier, or the electronic result of an authentication technique attached to or logically associated with a record that is intended by the person using it to have the same force and effect as a manual signature. City of Miami Page 7 of 8 File Id: I3-00188 (version: 3) Printed On: 9/26/2073 File Number: 13-00188 Sole source means the only existing source of the item or service which meets the needs of the using agency, city department, office, board, city commission, or trust, as determined by a reasonably thorough analysis of the marketplace. Specifications means a concise statement of a set of requirements to be satisfied by a product, material, or process used in an linvitation for Bbids, Invitation to Bid, or Rr-equest or (invitation for Qquotation to describe the goods, equipment, and/or contractual services to be purchased or otherwise acquired. Surplus personal property means surplus, obsolete or scrap supplies or equipment. "Surplus supplies or equipment" means those which are capable of being used but are in excess of the normal operating requirements of the city. "Obsolete supplies or equipment" means those which may no longer be used for their intended purposes because their use has become economically upgraded. "Scrap supplies or equipment" are those that can no longer be used either safely or economically for any purpose except for their possible salvage value. Using agency means any city entity which requests and uses goods, equipment and/or services procured pursuant to this article. *11 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 days 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 FORMA ORRECTNESS>*/ 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 8 of 8 File Id: 13-00188 (version: 3) Printed On: 4/16/1013