HomeMy WebLinkAboutLegislationFRCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
File Number: 16-00827 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
18/ARTICLE III/SECTION 18-104(B) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FINANCE/CITY OF MIAMI
PROCUREMENT ORDINANCE/RESOLUTION OF PROTESTED SOLICITATIONS
AND AWARDS/AUTHORITY TO RESOLVE PROTESTS", TO ESTABLISH A
PROCESS FOR THE ADJUDICATION OF BID PROTESTS BY HEARING
OFFICER; SETTING FORTH HEARING OFFICER APPOINTMENTS AND DUTIES,
HEARING DATE SCHEDULING, AND HEARING PROCEDURES; FURTHER
AMENDING CHAPTER 18/ARTICLE V/SECTION 18-176,3 OF THE CITY CODE,
ENTITLED "FINANCE/SALE OR LEASE OF CITY'S REAL
PROPERTY/PROCEDURES FOR RESOLUTION OF PROTESTED UDP'SAND
AWARDS", TO PROVIDE THAT PROTESTED URBAN DEVELOPMENT PLANS AND
AWARDS BE ADJUDICATED PURSUANT TO THE PROCESS CREATED IN
SECTION 18-104(B) OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") currently vests the authority to resolve protested
solicitations and awards in its Chief Procurement Officer; and
WHEREAS, it would be beneficial to the City and parties who perceive themselves aggrieved to
place the authority to adjudicate bid protests and awards in an uninterested hearing official; and
WHEREAS, it may be in the best interest of the City that protests be heard by an uninterested
hearing officer who is familiar with procurement, municipal, and commercial law and procedures, which
will provide an impartial review of such decisions and recommendations for award; and
WHEREAS, the principles, rules, practices, and procedures of procurement law are a
specialized area of expertise; and
WHEREAS, the City Commission desires to provide for the adjudication of bid protests and
awards, arising under Chapter 18, Article III, Section 18-104(b), entitled "Finance/City of Miami
Procurement Ordinance/Resolution of Protested Solicitations and Awards/Authority to Resolve
Protests", and Chapter 18, Article V, Section 18-176.3, entitled "Finance/Sale or Lease of City's Real
Property/Procedures for Resolution of Protested UDP's and Awards", of the Code of the City of Miami,
Florida, as amended ("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 of this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 18 of the City Code is amended in the following particulars; {1)
City of Miami
Page 1 of 4 File Id: 16-00827 (Version: 1) Printed On: 7/1/2016
File Number: 16-00827
"CHAPTER 18
FINANCE
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
* * * *
Sec. 18-104. Resolution of protested solicitations and awards.
(b) Authority to resolve protests; hearing officer(s). Hearing officers appointed by the City shall have
authority to resolve protests filed under this Chapter of the City Code. The City Manager shall appoint
a hearing officer, from a list of potential hearing officers pre -approved by the City Commission, to
resolve protests filed in accordance with this Section, no later than five (5) working days following the
filing of a bid protest. The chief procurement officer hearing officer shall have the authority est e
anager-ante city attorney, to settle and resolve any written protest, The
chief procurement officer hearing officer shall obtain the requisite approvals and communicate submit
said decision to the protesting party, and to the other persons specified shall submit said decision to
the city commission within E10-39)-days after he/she ,ace es --holds a hearing under the protest. In-
cases invol v ' c submitted
for approval or disapproval thereof to the city commicsion after a favorable recommendation by the city
attorney and the city manager.
(1) Hearing officer. The hearing officer may be a Special Master as defined in Chapter 2, Article
X, Sec. 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a
minimum of ten (10) years with experience in the area of civil law. The hearing officer may
be appointed from alternative sources where the City Commission or City Attorney
recommends in writing that such action is necessary to achieve fairness in the proceedings.
The engagement of hearing officers is excluded from the Procurement Ordinance as legal
services.
(2) Right of protest. Any actual bidder or proposer who has standing under Florida law
dissatisfied and aggrieved with the decision of the City regarding the protest of a solicitation
or the protest of an award as set forth above in this Section may request a protest hearing.
Such a written request for a protest must be initiated with a notice of intent to protest
followed by an actual protest as provided in Section 18-104(a), The notice of intent to
Protest and the actual protest must each be timely received by the Chief Procurement
Officer and must comply with all requirements set forth in Section 18-104(a), Failure to
submit the required notice of intent to protest and the actual protest within the specified
timeframes will result in an administrative dismissal of the protest.
(3) Hearing date. Within thirty (30) days of receipt of the notice of protest, the Chief
Procurement Officer shall schedule a hearing before a hearing officer, at which time the
person protesting shall be given the opportunity to demonstrate why the decision of the City
relative to the solicitation or the award, which may include a recommendation for award by
the City Manager to the City Commission, as applicable, should be overturned. The person
recommended for award, if it is a protest of award, shall have a right to intervene and be
City of Miami Page 2 of 4 File Id: 16-00827 (Version: 1) Printed On: 7/1/2016
File Number; 16-00827
heard.
(4) Hearing procedure. The procedure for any such hearing oonducted under this Article shall
be as follows:
(i) The City shall cause to be served by certified mail, a notice of hearing stating the
time, date, and place of the hearing. The notice of hearing shall be sent by
certified mail, return receipt requested, to the mailing address of the vendor,
(ii) The person, any intervenor, and the City, shall each have the right to be
represented by counsel, to call and examine witnesses, to introduce evidence, to
examine opposing or rebuttal witnesses on any relevant matter related to the
protest, even though the matter was not covered in the direct examination, and
to impeach any witness regardless of which party first called him/her to testify.
The hearing officer may extend the deadline for completion of the protest
hearing for good cause shown, but such an extension shall not exceed an
additional five (5) business days. The hearing officer shall consider the written
protest and supporting documents and evidence appended thereto, supporting
documents or evidence from any intervenor, the decision, or recommendation as
to the solicitation or award being protested, as applicable, The protesting party,
and any intervenor, must file all pertinent documents supporting his/her protest
or motion to intervene, as applicable. The hearing officer shall allow a maximum
of two (2) hours for the protest presentation and a maximum of two (2) hours for
the City response, When there is an intervenor, a maximum of two (2) hours will
be added for the intervenor, In the event of multiple protests for the same
project, the hearing officer shall allocate time as necessary to ensure that the
hearing shall not exceed a total of one (1) day.
(iii) The hearing officer shall consider the evidence presented at the hearing. In any
hearing before the hearing officer, irrelevant, immaterial, repetitious,
scandalous, or frivolous evidence shall be excluded. All other evidence of a type
commonly relied upon, by reasonably prudent persons in the conduct of their
affairs shall be admissible whether or not such evidence would be admissible in
trial in the courts of Florida. The hearing officer may also require written
summaries, proffers, affidavits, and other documents the hearing officer
determines to be necessary to conclude the hearing and issue a report and
recommendation within the time limits set forth by this Section.
(iv) The hearing officer shall determine whether procedural due process has been
afforded, whether the essential requirements of law have been observed, and
whether the decision was arbitrary, capricious, an abuse of discretion, or
unsupported by substantial evidence as a whole. Substantial evidence means
such relevant evidence as a reasonable mind might accept as adequate to
support a conclusion.
(v) Within ten (10) days from the date of the hearing, the hearing officer shall complete
and submit to the City Manager, City Attorney, any intervenor, the Chief
Procurement Officer, and the person requesting said hearing, a final order
consisting of his/her findings of fact and conclusions of law as to the denial or
granting of the protest, as applicable.
(vi) The decisions of the hearing officer are final in terms of City decisions relative to the
protest.
Appeal from the decision of the hearing officer shall be to the circuit court in accordance with the
Florida Rules of Appellate Procedure. The appeal shall be considered on the basis of the record before
City of Miami Page 3 of 4 File Id: 16-00827 (Version: 1) Printed On: 7/1/2016
File Number: 16-00827
the hearing officer and no evidence, issue, or argument that was not raised at the hearing should be
considered.
ARTICLE V. SALE OR LEASE OF CITY'S REAL PROPERTY.
*
Sec, 18-176.3. Procedures for resolution of protested UDP's and awards.
Procedures for resolution of protested UDP's and solicitations, awards, or recommendations for
awards, shall be as set forth in sections 18-104. 18 105 and--1-8-1n with the excel ten tha a
moan the director of the department of reak estate and economic development
*II
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}
PRO
D AS TO
ORM * 1 CORRECTNESS:
ICTORI MENDEZ
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
(10) calendar 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: 16-00827 (Version: 1) Printed On: 7/1/2016