HomeMy WebLinkAboutBack-Up from Law DeptARTICLE III, CITY OF MIAMI PROCUREMENT ORDINANCE Page 1 of 2
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 15 percent 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. 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.
(b) Invitation forbids. An invitation for bids shall be issued and shall include, but not be limited to:
(1) Instructions and information to bidders concerning the bid submission requirements, including the time and date set for receipt of bids,
the address of the office to which bids are to be delivered, the maximum time for bid acceptance by the city, the right of the city
manager to reject all offers or bids, and any other special information;
(2) The purchase description, qualification factors, delivery or performance schedule, and such inspection and acceptance requirements
as may not be included in the purchase description;
(3) The contract terms and conditions, including warranty and bonding or other security requirements, as applicable;
(4) The date, time and place at which any prebid conference may be held and whether attendance at such conference is a condition for
bidding; and
(5) The place where any documents incorporated by reference may be obtained.
(c) Bidders lists. Bidders lists may be compiled to provide the city with the names of businesses which may be interested in competing for various
types of city contracts. Unless otherwise provided, inclusion or exclusion of the name of a business does not indicate whether that business is
responsible in respect to a particular procurement or otherwise capable of successfully performing a particular city contract.
(d) Public notice. Notice inviting bids shall be published at least once in a newspaper of general circulation in the city a reasonable time prior to
bid opening; but in any event at least 15 calendar days shall intervene between the last date of publication and the final date for submitting
bids. Such notice shall state the general description of the goods or services to be purchased, the place where a copy of the invitation for bids
may be obtained, and the time and place for opening of bids. In addition, the chief procurement officer may solicit bids from all responsible
prospective suppliers listed on a current bidders list by sending such bidders copies of the notice to acquaint them with the proposed
purchase.
(e) Prebid conferences. Prebid conferences may be conducted to explain the requirements of the proposed procurement and shall be announced
to all prospective bidders known to have received an invitation for bids. Conferences should be held long enough after the invitations for bids
have been issued to allow prospective bidders to become familiar with the proposed procurement, but sufficiently before bid submission to
allow consideration of the conference results in preparing their bids. Nothing stated at a prebid conference shall change the invitation for bids
unless a change is made by written addendum, which shall be supplied to all those prospective bidders known to have received an invitation
for bids. All prebid conferences shall be recorded, and, if a transcript is made, such transcript shall be a public record.
(f) Bid opening. All bids shall be submitted sealed to the city clerk and shall be opened publicly by the city clerk or designee in the presence of
one or more witnesses at the time and place stated in the public notice and in the invitation for bids. The amount of each bid and such other
relevant information as may be deemed desirable, together with the name of each bidder, shall be recorded; the record and each bid shall be
open to public inspection.
(9) Bid acceptance and evaluation. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include
criteria to determine acceptability such as inspection, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for award, such as discounts, transportation costs, and total or life cycle costs shall be
measured objectively. No criteria may be used in bid evaluation which were not set forth in the invitation for bids. The results of the evaluation
and tabulation of bid prices shall be transmitted by the chief procurement officer to the city manager.
(h) Award. The procurement shall be awarded with reasonable promptness by written notice to the lowest responsive and responsible bidder,
whose bid meets the requirements and criteria set forth in the invitation for bids except as otherwise provided in this section. For any
procurement, including contracts, a bid to be awarded which exceeds $25,000.00 shall be awarded by the city manager only upon
certification of the results of the evaluation and the bid tabulation by the chief procurement officer as being in compliance with competitive
sealed bidding methods, except as otherwise provided in this article. Copies of the city manager's award shall be delivered to the chief
procurement officer and all affected department directors.
All bid awards in excess of $50,000.00 must be approved by the city commission upon recommendation by the city manager. The decision of
the city commission shall be final. Threshold amounts referenced herein shall include the values associated with potential options of renewal.
Awards made by the city manager or by the city commission shall include authority for all subsequent options of renewal. if any. The aforementioned
options of renewal shall be exercisable at the option of the city manager if, after review of past performance under the contract, the city manager
determines, in his/her sole discretion, that exercise of the option of renewal is in the best interest of the city.
The city commission or the city manager shall have the authority to reject any or all bids or portions of bids, or to negotiate with the lowest
bidder for better pricing.
In the event only one bid is received, the city may award to the sole bidder, negotiate for better pricing or may re -bid, whichever is in the best
interest of the city.
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ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Page 2 of 2
The city manager shall submit to the city commission on a monthly basis a list of procurements or contracts awarded by the city manager.
(Ord. No. 12271. § 2, 8-22-02; Ord. No, 13170, § 2, 5- 13-10; Ord. No. 13275, § 2. 7-14-11)
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ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Page 1 of 2
Sec. 18-89. Contracts for public works or improvements. .
(a) Any public work or improvement may be executed either by contract or by the city labor force, as may be determined by the city commission.
There shall be a separate accounting as to each work or improvement. Before authorizing the execution by the city labor force of any work or
improvement or phase thereof, the city manager shall submit to the city commission a description of the anticipated scope of work and related
cost estimates.
(b) At 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 $25,000.00 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 15 percent 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.
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. When competitive sealed procurement methods are waived, other
procurement methods as may be prescribed by ordinance shall be followed, except for the cone of silence provisions.
(c) Public notice shall be in accordance with the applicable Florida Statutes.
(d) Award.
(1) All contracts for public works or improvements which do not exceed $25,000.00 shall be awarded on the basis of competitive
negotiations.
(2) All contracts for public works or improvements in excess of $25,000.00 shall be awarded by the city manager only upon certification of
the results of the evaluation and the bid tabulation by the chief procurement officer as being in compliance with competitive sealed
procurement methods or in accordance with applicable Florida Statutes.
(3) All contracts in excess of $100,000.00 must be approved by the city commission upon recommendation by the city manager. The
decision of the city commission shall be final.
(4) The city commission or the city manager shall have the authority to reject any or all bids or portions of bids, and re -bid or elect not to
proceed with the project.
(5) When it becomes necessary in the opinion of the city manager to make alterations or modifications in a contract for any public work or
improvement which increases the contract to a total amount in excess of $100,000.00, such alterations or modifications shall be made
only when authorized by the city commission upon the written recommendation of the city manager. No such alteration shall be valid
unless the price to be paid for the work or material, or both, under the altered or modified contract shall have been agreed upon in
writing and signed by the contractual party and the city manager prior to such authorization by the city commission.
(6) Copies of the city manager's award shall be delivered to the director of the department of public works and to the chief procurement
officer.
(7) The city manager shall submit to the city commission on a monthly basis a list of contracts for public works or improvements awarded
by the city manager.
(e) Community small business enterprise ("CSBE").
(1) Except where state or federal law, regulations, or grant requirements mandate to the contrary, and subject to reservations or limitations
provided in state, federal, or city laws, regulations, or grant requirements, respondents must assign a minimum of 15 percent of the
contract value to a respondent or to a construction related enterprise currently certified by Miami -Dade County as a Community Small
Business Enterprise ("CSBE"). Respondents shall place a specific emphasis on utilizing local small businesses from within the city's
municipal boundaries. The adoption of these provisions in the procurement ordinance of the city will be deemed an adoption by the
city, as herein modified, and as may be amended from time to time of the Miami -Dade County Community Small Business Enterprise
("CSBE") Program, as set forth in section 10-33.01, section 10-33.02, Miami -Dade County Code. The definitions, program
components, subcontractor goals, contract measures, certification requirements, enforcement and administrative remedies from
section 10-33.02, of the Miami -Dade County Code, as amended, are deemed as being incorporated by reference herein.
(2) Five percent of the bid amount shall be retained by the city for the CSBE participation requirements until said requirements are fulfilled
and verified by the city manager or authorized designee as being fulfilled within six months of contract completion; failure to
satisfactorily meet, document, and present to the city manager or authorized designee the Community Small Business Enterprise
("CSBE") requirements within six months of contract completion shall result in the forfeiture of the retained amount to the city. This five
percent retainage is included within the ten percent retainage normally withheld by the city.
(3) The respondent selected as the contractor shall have a third party independently verify and certify compliance with these requirements
on a quarterly basis. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of F.S. chs.
454, 471, 473, or 481. The person performing the verification shall have a minimum of two years of prior professional experience in
contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The
cost for this verification and certification shall be included in the related contract costs.
Community small business enterprise ("CSBE") requirements shall apply only to contracts with a contract value greater than $100,000.00 and
with an on -site labor component greater than or equal to 25 percent of the contract value.
These CSBE requirements shall apply to any competitively procured contract under this section unless:
• It meets one of the exclusion provisions noted above;
• The city manager or designee deems the requirements unfeasible prior to issuance of the competitive selection document in which case
the requirements of this section will be stated as not being applicable in the competitive selection document;
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• It is disallowed by federal or state law;
• Funding sources require alternate, contradictory or specifically exclude CSBE participation requirements;
• These requirements are waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon
written recommendation of the city manager or manager's designee, when the commission finds this is to be in the best interest of the city, in
which case the requirements of this section will be stated as not being applicable in the competitive selection document.
(f) Local workforce participation requirements.
(1) Except where state or federal law, regulations, or grant requirements mandate to the contrary, and subject to reservations or limitations
provided in state, federal, or city laws, regulations, or grant requirements, respondents must employ a minimum of 15 percent of on -
site labor from persons residing within the municipal boundaries (e.g. city limits) of the city. The city residency of the onsite labor
component will be subject to verification by the issuing department.
(2) Five percent of the bid amount shall be retained by the city for the requirements until said requirements are fulfilled and verified by the
city manager or authorized designee as being fulfilled within six months of contract completion; failure to satisfactorily meet, document,
and present to the city manager or authorized designee the local workforce participation requirements within six months of contract
completion, shall result in the forfeiture of the retained amount to the city. This five percent retainage is included within the ten percent
retainage normally withheld by the city.
(3) For contracts with a bid amount between $1,000,000.00 and $2,000,000.00, the contractor shall be required to hold one job fair within
the local community for the purpose of encouraging local workforce participation. For contracts with a bid amount greater than
$2,000,000.00, the respondent shall be required to hold two job fairs within the local community for the purpose of encouraging local
workforce participation. The contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce.
(4) The respondent shall have a third party independently verify and certify compliance with these requirements on a quarterly basis. Said
third party shall be unaffiliated with the respondent and be properly licensed under the provisions of F.S. ohs. 454, 471, 473, or 481.
The person performing the verification shall have a minimum of two years of prior professional experience in contracts compliance,
auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this
verification and certification shall be included in the related contract costs.
Local participation requirements shall apply only to public works or improvements contracts with a contract value greater than $100,000.00
and with an on -site labor component greater than or equal to 25 percent of the contract value.
These local participation requirements shall apply to any competitively procured contract under this section unless:
• It meets one of the exclusion provisions noted above;
• The city manager or designee deems the requirements unfeasible prior to issuance of the competitive solicitation document in which case
the requirements in this section will be stated as not being applicable in the competitive solicitation document;
• It is disallowed by federal or state law or grant requirements;
• Funding sources require alternate, contradictory or specifically exclude or disallow local workforce participation requirements;
• These requirements are waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon
written recommendation of the city manager or manager's designee, when the commission finds this is to be in the best interest of the city, in
which case the requirements of this section will be stated as not being applicable in the competitive selection document.
(Ord. No, 12271, § 2, 8-22-02; Ord, No. 12654, § 2, 2-10-05; Ord. No. 12780, § 2, 3-9-06; Ord. No. 13275, § 2, 7-14-11; Ord. No. 13331, § 2, 7-26-12; Ord. No. 13332, § 2, 7
-26-12)
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