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HomeMy WebLinkAboutBack-Up from Law Department11/13/2015 Miami, FL Code of Ordinances Sec. 18-86. - 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 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 monthly basis a list of contracts awarded by the city manager. (c) Competitive sealed proposal method. Where the contract exceeds $50,000.00, the city may utilize the following competitive sealed proposal method: (1) about:biank 1/3 11/13/2015 Miami, FL Code of Ordinances Request for proposals (RFP) or request for Fetters 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 18-85. (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, 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; 2. Reject the evaluation committee's recommendation and instruct the evaluation committee to re-evaluate and make further recommendations; 3. Reject all proposals; or 4. Recommend that the city commission reject all proposals. (7) about:blank 2/3 11/13/2015 Mi am i, FL Code of Ordinances 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 recommendation and authorize contract negotiations; 2. Reject all proposals; 3. Reject all proposals and instruct the city manager to reissue a solicitation; or 4. 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 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. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13275, § 2, 7-14-11) abouttlank 3/3 11/13/2015 Statutes & Constitution :View Statutes: Online Sunshine Select Year: 12015 •M Go The 2015 Florida Statutes Title X Chapter 119 View Entire Chapter PUBLIC OFFICERS, EMPLOYEES, AND RECORDS PUBLIC RECORDS 119.0701 Contracts; public records.— (1) For purposes of this section, the term: (a) "Contractor" means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s. 119.011(2). (b) "Public agency" means a state, county, district, authority, or municipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law. (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. History.—s. 1, ch. 2013154. Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us http://www.log.state.fl.us/Statutes/i ndex.cfm ?Appjn ode= D lsplay__Statute&Search—Stri ng= &URL=0100-0199/0119/Sections/0119.0701.html 1/1