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Ordinance
File Number; 15-00724
Find 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 18-86, ENTITLED "COMPETITIVE
NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS," TO MODIFY THE
COMPETITIVE NEGOTIATIONS METHOD SECTION, PARTICULARLY THE
REPORTING OF SUCH CONTRACTS AWARDED BY THE CITY MANAGER TO
THE CITY COMMISSION ON AN ANNUAL BASIS, AND THE COMPETITIVE
SEALED PROPOSAL, METHOD SECTION TO AUTHORIZE THE CITY MANAGER
OR DESIGNEE TO NEGOTIATE A CONTRACT(S) PRIOR TO THE CITY MANAGER
PRESENTING AN AWARD RECOMMENDATION TO THE CITY COMMISSION AND
PROVIDING FORA NEGOTIATED SIGNED CONTRACT(S) TO BE PRESENTED
TO THE CITY COMMISSION FOR APPROVAL TO AWARD; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFE-CTIVE
DATE,
WHEREAS, the Competitive Negotiations Method is not commonly used; therefore it is
recommended that the City Manager submit an annual report to the City Commission for any contracts
awarded by the City Manager through this method; and
WHEREAS, authorizing the City Manager or designee to negotiate the terms; conditions and
price of the contract(s), prior to presenting the award recommendation to the City Commission for final
approval, allows for the most favorable terms, conditions and negotiated savings, in the best interest of
the City of Miami, to be presented to the City Commission; and
WHEREAS, additionally, negotiating the terms; conditions and price of the contract(s) prior to
presentation of the award recommendation will allow the City Commission to see the final results of
negotiations;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY 01= MIAMI,.
FLORIDA;
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
and incorporated as 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 :01
"CHAPTER 18
FINANCE
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File Number, 15-00724
ARTICLE 111, CITY OF MIAMI PROCUREMENT ORDINANCE
Sec, 1886, Competitive negotiations/competitive sealed proposals,
(a) Conditions for use,
(1) Competitive negotiations/competitive sealed proposals shall be used in those
circumstances in which It is both practicable and advantageous for the city to consider a
range of competing plans, specifications, standards, terms and conditions so that
adequate competition will result and award be made not principally on the basis of price,
but to the respondent whose proposal contains the most advantageous combination of
price, quality or other features, All contracts shall be signed by the city manager.
(2) A contract may be entered into by use of the competitive negotiation/competitive sealed
proposal methods when:
a. The chief procurement officer determines that the complex specialized nature or
technical details of a particular procurement make the use of competitive sealed
bidding either not practicable or reasonable, or not advantageous to the city; or
b, Specifications or scope of work cannot be fairly or objectively prepared so as to
permit competition in the invitation for bids; or
c. Technology, electronic, software, and system applications are available from a limited
number of sources; or
d. Qualifications and the quality of the service to be delivered can be considered more
important than price,
(3) Competitive negotiations/competitive sealed proposals shall be used in the procurement of
personal and professional services except for:
a, Professional services as defined in Florida Statute § 287.055, as amended from time
to time.
b. Legal services.
C. Services related to the cultural, educational, recreational or park activities provided by
non-profit organizations within city parks, These services may be awarded without
competitive negotiations if the city manager makes a written finding, supported by
reasons, to the city commission that competitive negotiation methods are not
practicable or advantageous, Such finding must be ratified and the award approved by
an affirmative vote of four-fifths of the commission after a properly advertised public
hearing,
d, Maintenance agreements to support proprietary software applications.
(b) Competitive negotiations method. Where the contract does not exceed $50,000,00, at least
three written proposals shall be sought and the city shall enter into competitive negotiations to
determine which proposal is most advantageous to the city. The written proposals received and
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the results of the evaluation shall be maintained as a public record. The contract may be
awarded by the city manager upon certification of compliance with competitive negotiations
method by the chief procurement officer. The city manager shall submit to the city commission
on a menfihiy an annual basis a list of contracts awarded by the city manager through this
method.
(c) Competitive sealed proposal method, Where the contract exceeds $50,000,00, the city may
utilize the following competitive sealed proposal method:
(1) Request for proposals (RFP) or request for letters of interest (RFLI) or request for
qualifications (RFQ) setting forth the terms and conditions of the professional or personal
services sought, including but not limited to, scope of work and evaluation factors, shall be
issued. The RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the city manager, director of the using agency, and the chief
procurement officer, include a five percent evaluation criterion in favor of proposers who
maintain a local office, as defined in section 18-73, In such cases, this five percent
evaluation criterion in favor of proposers who maintain a local office will be specifically
defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply,
(2) Mailing lists. Lists of prospective proposers/respondents may be compiled pursuant to
section 18-85 (competitive sealed bidding).
(3) Public notice. Adequate public notice in a newspaper of general circulation shall be
provided pursuant to section 18-86,
(4) Pre -proposal conference, A pre -proposal conference may be conducted to explain the
requirements of the proposed procurement and shall be announced to all prospective
proposers known to have received an RFP, RFLI, or RFQ, Conferences should be held
long enough after the RFP, RFLI, or RFQ has been issued to allow prospective proposers
to become familiar with the proposed procurement, but sufficiently before receipt of
proposal to allow consideration of the conference results in preparing their proposals,
Nothing stated at a pre -proposal conference shall change the RFP, RFLI, or RFQ unless a
change is made by written addendum, which shall be supplied to all those prospective
proposers known to have received an RFP, RFLI, or RFQ, All pre -proposal Conferences
shall be recorded, and, if a transcript is made, such transcript shall be a public record,
(5) Receipt of proposals, Sealed proposals must be received by the city clerk no later than
the time and date specified for submission in the request for proposals or request for
letters of interest or requests for qualifications,The name of each proposer shall be
recorded by the city clerk or its designee, and the record and each proposal, to the extent
consistent with applicable state law, shall be open to public inspection,
(6) Proposal evaluation, An evaluation committee shall be appointed by the city manager for
the purpose of evaluating proposals based upon the criteria contained in the RFP, RFLI or
RFQ. No other factors or criteria shall be used in the evaluation. As may be provided in the
RFP, RFLI or RFQ, proposers may be invited to make oral presentations regarding their
Proposals, The recommendations of the evaluation committee shall be submitted to the
city manager,
In the event only one proposal is received, the evaluation committee may proceed with the
evaluation, or request the city manager to reject all proposals, whichever is in the best interests of
the city,
a. After reviewing the evaluation committee's recommendation, the city manager may:
1, Approve the recommendation of the Evaluation Committee, and the City Manager shall
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File Numbec 15-00724
then authorize contract neciotiations through City staff, Upon completion of contract
ne.gotiations, the Qity, Manager shall then submit his or her award recommendation and
negotiated contract(s) to the City Commission for approval, at which time, written notice
shall be provided to all proposers:
2, Approve the recommendation of the evaluation committee, written notice of which shall
be provided to all proposers, and the city manager shall then submit his or her
recommendation to the city commission;
I Reject the evaluation committee's recommendation and instruct the evaluation
committee to re-evaluate and make further recommendations;
4. Reject all proposals; or
5. Recommend that the city commission reject all proposals,
(7) Award, Award shall be made to the responsive and responsible proposer whose proposal
is most advantageous to the city as determined by the city commission in accordance with
the evaluation criteria contained in the RFP, RFLI or RFQ,
b, After reviewing the city manager's recommendation, the city commission may:
1. Approve the City Manager's award recommendation and negotiated contracts );
2. Approve the city manager's recommendation and authorize contract negotiations;
3. Reject all proposals;
4. Reject all proposals and instruct the city manager to reissue a solicitation; or
5. Reject all proposals and instruct the city manager to enter into competitive negotiations
with at least three individuals or firms possessing the ability to perform such services and
obtain information from said individuals or firms relating to experience, qualifications and
the proposed cost or fee for said services, and make a recommendation to the city
commission.
The decision of the city commission shall be final, Written notice of the award shall be given to
the successful proposer,
'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, 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.
*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 immediately after final reading and adoption
thereof and apply to solicitations which have not closed, and for which addenda may be timely used,f2l
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File Number 15-00724
APPROVED AS TO FORM AND CORRECTNESS;
VlCfURIA ENDEZ
z
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 (1 Q) 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.
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