HomeMy WebLinkAboutLegislation SRFile 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'S AND
AWARDS", TO PROVIDE THAT PROTESTED SOLICITATIONS 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 protested
solicitations 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"); and
WHEREAS, the Professional Service Agreement ("PSA") to be signed by each hearing officer
selected will include a section affirming that the hearing officer shall not have a conflict of interest
under applicable Conflict of Interest Laws or Florida Bar Rules;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Mia 111 i Page 1 of 4 File Id. 16-00827 (Version: 2) Printed Ort: 812512016
City of Miami
City
Cit Hall
3500 Pa American
n
Drive
rill
� �:�� Cxd<«,*:
``
Legislation
Miami, FL 33133
www.miamigov.com
Ordinance
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'S AND
AWARDS", TO PROVIDE THAT PROTESTED SOLICITATIONS 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 protested
solicitations 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"); and
WHEREAS, the Professional Service Agreement ("PSA") to be signed by each hearing officer
selected will include a section affirming that the hearing officer shall not have a conflict of interest
under applicable Conflict of Interest Laws or Florida Bar Rules;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Mia 111 i Page 1 of 4 File Id. 16-00827 (Version: 2) Printed Ort: 812512016
File Number: 16-00827
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}
"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 Citv Code. The Citv Manager shall appoint
a hearing officer, from a separate 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 hearinq officer shall have the
authority, tr, the aper -Oval of the Gity maRager anti the n tyatter to settle and resolve any
written protest. The ^hief nrr,r+, irement nffir,er hearing officer shall ebtaiR the -requis;ieappFcwal�pus and
rnmm„nin'+te submit said decision to the protesting party and to the other persons specified shall-
subrnit saidd ,dec;c;oR tG the nit nnmmicoinn within ten (1_038) days after he/she Yr��w� holds a
hearingunderthe protest. lR Gases !RVGI -iRg mnro than $25,000.00, the deGis eR of the Ghief
PFGGUFeMeRt GffiG8F shall be submitted for approval Gr disapproval thereef to the Gity GGMMiSSi(DR a#&�-
a favorable ror+nmmeRdatinn by the niter attorney anti the niter 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 a preference given to a lawyer who has served as an
appellate or trial court fudge. The hearing officer may be appointed from alternative sources
(e.g. expert consulting agreements, piggyback contracts, etc.) where the City Commission
adopts a recommendation of the City Attorney 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. The hearing officers appointed in the
pre -qualified group should be scheduled to hear protests on a rotational basis.
(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 hearing 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.
City of Miand Page 2 of 4 File Id: 16-00827 (,ersiont 2) Printed On: 812512016
File Number. 16-00827
(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 party
recommended for award, if it is a protest of award, shall have a right to intervene and be
heard.
(4) Hearing procedure. The procedure for any such hearing conducted under this Article shall
be as follows:
D 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 protester.
ii The party, 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 panty 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, and 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 supportinq his/her protest or
motion to intervene at least five (5) business days before the hearing, 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 protect, the hearing_
officer shall allocate time as necessary to ensure that the hearing shall not
exceed a total of one (1) day.
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 final order
within the time limits set forth by this Section.
Civ) 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.
(y) Within ten (10) days from the date of the hearing, the hearing officer shall complete
and submit to the City Manager, the City Attorney, any intervenor, the Chief
Procurement Officer, and the person requesting said hearing a final order
City of Miami Page 3 of 4 File Id: 16-00827 (Version: 2) Printed On: 8/25/2016
File Number: 16-00827
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.
Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of
Appellate Procedure.
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 of the Cite. 18 105 and 18 106, Withythe
.
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}
APPROVED AS TO FORM AND CORRECTNESS:
VIPTORIA M�NDEZ
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: 2) Printed On: 8/25/2016