HomeMy WebLinkAboutBack-Up from Law DeptARTICLE III. - CITY OF MIAMI PROCUREMENT ORDINANCE)
Footnotes:
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Editor's note- Ord. No. 12271, § 2, adopted August 22, 2002, repealed and reenacted art. III to read as
herein set out. Formerly, art. III pertained to purchasing and contracts generally, and derived from the
Code of 1980, §§ 18-11, 18-51, 18-51.1-18-51.6, 18-52, 18-52.1-18-52.9, 18-53, 18-54, 18-54.1-18-
54.4, 18-55, 18-55.1-18-55.3, 18-56, 18-56.1-18-56.4, 18-57, 18-57; Ord. No. 9572, § 1, adopted
February 10, 1983; Ord. No. 10032, §§ 1-4, adopted September 12, 1985; Ord. No. 10231, § 1, adopted
March 13, 1987; Ord. No. 10328, § 1, adopted October 22, 1987; Ord. No. 11048, § 2, adopted March 25,
1993; Ord. No. 11072, § 1, adopted July 8, 1993; Ord. No. 11087, § 2, adopted September 27, 1993; Ord.
No. 11564, § 9, adopted October 28, 1997; Ord. No. 11657, § 2, adopted May 26, 1998; Ord. No. 11688,
§ 1, adopted July 21, 1998; Ord. No. 11726, § 1, adopted November 17, 1998; Ord. No. 11727, § 2,
adopted November 17, 1998; Ord. No. 11878, § 2, adopted January 13, 2000; Ord. No. 11890, § 3,
adopted February 10, 2000; Ord. No. 12103, § 1, adopted September 13, 2001, and Ord. No. 12141, § 1,
adopted October 25, 2001.
Charter reference- Chief procurement officer, § 28; contracts for public works, improvements, real
property, personal property, and unified development projects, § 29.
City Code cross reference- Conflicts of interest, § 2-611 et seq.
Law review references- Articles as to municipal contracts in Florida, 8 Miami L.Q. 257; 16 Miami L. Rev.
513.
State Law reference- Purchases by municipality under state purchasing agreement, F.S. § 287.042(2);
consultant's competitive negotiation act, F.S. § 287.055; preference to Florida business, F.S. § 287.084.
Sec. 18-71. - Purpose.
The purpose of this article is to prescribe the manner in which the city shall control the purchase of
materials, supplies, equipment and services of the city, and to maintain a high ethical standard for all officers
and employees of the city in connection therewith; to place city's purchasing function in a centralized system
in which the city will be able to establish policies and procedures governing all purchases and contracts; to
provide for the fair and equitable treatment of all persons doing business with the city; to maximize the
purchasing value of public funds in procurement and to provide safeguards for maintaining a procurement
system of quality and integrity.
(Ord. No. 12271, § 2, 8-22-02)
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 community redevelopment
agencies.
(2) The Downtown Development Authority, the department of off-street parking, Liberty City
Community Revitalization Trust, Civilian Investigative Panel, Bayfront Park Management Trust,
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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:
1. "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;
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 real 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 of the 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 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 of the 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.
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(18) Actuarial services procured in accordance with subsection 40-196(b)(6) of the City Code.
(19) Community Development Block Grant ("CDBG"), Housing Opportunities for People With AIDS
("HOPWA"), Emergency Shelter Grant ("ESG"), Neighborhood Stabilization Program ("NSP"),
HOME, and similar programs (collectively "Community and Economic Development Programs"),
providing however, that community and economic development programs shall follow 2 CFR part
200, as applicable, and as may be amended and supplemented from time to time.
(Ord. No. 12271, § 2, 8-22-02; Ord. No. 12354, § 1, 4-10-03; Ord. No. 13380, § 2, 5-9-13; Ord.
No. 13586, § 2, 1-28-16)
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 a formal amendment 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 bids 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 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) 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:
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