2014-3892 Ordinance ORDINANCE NO. 2.014-3892
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING
DIVISION 3, ENTITLED "CONTRACT PROCEDURES," BY AMENDING
SECTION 2-366, ENTITLED "GENERALLY," SECTION 2-367, ENTITLED
"REJECTION OF BIDS; NEGOTIATION; WAIVER OF COMPETITIVE
BIDDING," SECTION 2-369, ENTITLED "AWARD OF CONTRACT," AND
SECTION 2-370, ENTITLED "AWARD OF CONTRACT TO OTHER THAN
LOW BIDDER," BY INCREASING THE THRESHOLD FOR FORMAL BIDS
AND THE CITY MANAGER'S AUTHORITY TO AWARD A CONTRACT
FROM $25,000 TO $50,000, AS WELL AS EXPANDING THE USE
COOPERATIVE PURCHASES; BY FURTHER AMENDING SECTION 2-
371, ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND
AWARDS," BY AMENDING THE PROCEDURE FOR PROTESTED BIDS
AND PROPOSED AWARDS; BY AMENDING DIVISION 4, ENTITLED
"PURCHASES," BY AMENDING SECTION 2-395, ENTITLED "OPEN
MARKET PROCEDURES," BY INCREASING THE THRESHOLD FOR
OPEN MARKET PURCHASES FROM $25,000 TO $50,000 AND
AMENDING TERMINOLOGY THEREIN; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the Administration retained the services of the National Institute of
Governmental Procurement ("NIGP") to review the Code of the City of Miami Beach, with
reference to the City's procurement requirements; and
WHEREAS, on July 17, 2013, the City Commission approved a referral to the Finance
City-Wide Projects Committee (Committee) for a discussion on the review and
recommendations for improving the City's Procurement Code conducted by the NIGP; and
WHEREAS, on July 19, 2013, the NIGP completed the Procurement Ordinance Review
and Recommendations—Final Report; and
WHEREAS, at its February 21, 2014, meeting, the Committee considered
recommendations to the City's Procurement Code presented by the Administration, which
included the results of the review of the Procurement Code completed by the NIGP, as well as
other recommendations by the City's Procurement staff(the Recommendations); and
WHEREAS, at its February 21, 2014, meeting, the Committee recommended that the
Mayor and City Commission authorize the Administration to prepare revisions to the City's
Procurement Code, pursuant to the Recommendations considered by the Committee; and
WHEREAS, the Recommendations include amending the thresholds formal bids,
maximizing the use of cooperative purchases, and improving procedures for the protest of bids
and award recommendations; and
WHEREAS, at its April 23, 2014, meeting, the Mayor and City Commission accepted the
recommendations of the Committee and directed the Administration to prepare corresponding
revisions to the Procurement provisions in the City Code.
WHEREAS, at its September 10, 2014, meeting, the Mayor and City Commission,
during the first reading of the Ordinance, approved the annual indexing of the amount
established in the Ordinance for formal bids in accordance with the United States Department of
Labor, Bureau of Labor Statistics, Consumer Price Index for the local area.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 3 of Article VI of Chapter 2 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE VI. PROCUREMENT
DIVISION 3. CONTRACT PROCEDURES
Sec. 2-366. Generally.
(a) Formal Bids required. All supplies and equipment, except as otherwise provided
in this division, when the estimated cost thereof shall exceed . $50,000.00,
shall be purchased by formal, written contract and/or purchase order 499; the lowest a►r,d
hest re6pen ihle h;dde-F, after due notice inviting proposals; however, the city
commission shall have authority to waive execution of formal contract in cases where it
deems it advisable to do so. All sales of personal property (except trade-in personal
property) which has become obsolete and unusable, when the estimated value shall
exceed . $50,000.00, shall be accomplished by formal written contract to the
highest bidder, after due notice inviting proposals has been published as required by
law. The threshold established herein for formal bids shall be indexed annually
commencing October 1. 2015, for subsequent fiscal years, by the corresponding
increase (rounded to the closest $1000.00) in the United States Department of Labor.
Bureau of Labor Statistics, Consumer Price Index for the local area.
Sec. 2-367. Rejection of bids; negotiation; waiver of competitive bidding.
(a) Except as further provided under subsections 2-367(b) and (c), generally, if a bid is
", Q OgqUal to or less than the amount established in this Article for
formal bids, the city manager shall have the authority to reject any and all bids. Except as
further provided under subsections 2-367(b) and (c), generally, if the bid is in excess of
, . the amount established in this Article for formal bids, the city
commission shall have the authority to reject any and all bids.
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(d) The procurement director, with approval of the city manager, for contracts of
ar
equal to or less than the amount established
in this Article for formal bids, or the city commission, by simple majority vote, for
contracts in excess of the amount established in this Article for
formal bids, shall have the power to negotiate those contracts and purchases where only
one source for the product or service is evident. A sole-source purchase shall be defined
as goods and/or services for which the availability of multiple vendors who could
compete as bidders is precluded. Before any sole-source purchase can be made, the
using agency shall submit justification in writing, together with all supporting
documentation, to the procurement director, stating that the proposed supplier is the only
source of supply of the desired goods and/or services, and that there is no other supplier
or authorized repair/service center (as applicable). The supporting documentation shall
include a written quotation with terms and conditions of sale. In addition, the using
agency shall obtain the written determination from an industry expert or consultant that
the item or service is the only one available to fulfill the city's need. For purposes of this
article, trademarks alone, and commodity type products, lacking differentiating
characteristics from similar products, shall not be considered for sole-source purchases.
Sec. 2-369. Award of contract.
All--GORtraGt6, when the sum m--86 $10,000.00 O-IeGc, 6haII he eiaFded by the
All contracts, when the sum is iR
eXGes6 of $10,000.00 and nef. exe-eading V)5 OGG 0009 9r, equal to or less than the
amount established in this Article for formal bids shall be awarded by the city manager, or
his designee, to the lowest and best bidder. When the amount of a contract is in excess
of the amount established in this Article for formal bids, the city
commission shall award the contract to the lowest and best bidder, or may delegate to
the city manager the power to award such contract to the lowest and best bidder;
however, the purchase of commodities, materials, supplies or other items on a
continuing basis from Miami-Dade County; from the School Board of Miami-Dade
County; from the U.S. Communities Government Purchasing Alliances e�from state or
federal general services administration bid lists; or awards from cooperative alliances or
public entities that have utilized a public procurement process may be approved by the
city manager without any action by the city commission, even though the total cost of
such commodities, materials, supplies or other items may exceed ,
the amount established in this Article for formal bids over a one-year period; provided that
prior to approval of such purchases, the city manager shall prepare, or cause to be
prepared, a written analysis, in such form and manner as shall be determined by the city
manager, which shall include a justification as to why it is in the city's best interest to
purchase the particular commodities, materials, supplies, or items on a continuing basis
from the entities set forth in this section 2-369. In determining the lowest and best
bidder, in addition to price, there shall be considered the following:
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(1)The ability, capacity and skill of the bidder to perform the contract.
(2) Whether the bidder can perform the contract within the time specified, without
delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the
bidder.
(4)The quality of performance of previous contracts.
(5) The previous and existing compliance by the bidder with laws and ordinances
relating to the contract.
Sec. 2-370. Award of contract to other than low bidder.
(b) Award of all tie bids with a value equal to or less than the
amount established in this Article for formal bids value er less shall be made by the
city manager or his designee. All tie bids in excess of
the amount established in this
Article for formal bid shall be awarded by the City FnaRageF er hi6 de6ignee--2Lty
commission.
Sec. 2-371. Authority to resolve protested bids and proposed awards.
(a) Right to protest. Any actual bidder, qualified proposer, or interested parties
(hereinafter collectively referred to as the "bidder") who has a substantial interest in, and
is aggrieved in connection with the solicitation or proposed award of, a request for
proposals ("UP"), request for qualifications ("RFQ"), request fGF le+terc of in+
e-F-invitation for bid for goods and/or services ("ITB"), or invitation to negotiate
"ITN" ("hereinafter, collectively referred to as the bid") may protest to the city manager
or his or her designee. Protests arising from the decisions and votes of any evaluation or
selection committee shall be limited to protests based upon alleged deviation(s) from
established purchasing procedures set forth in this Code, any written guidelines of the
procurement department, and the specifications, requirements and/or terms set forth in
any bid.
(1) Any protest concerning the bid specifications, requirements, and/or terms must
be made within three business days (for the purposes of this section, "business
day" means a day other than Saturday, Sunday or a national holiday), from the
time the facts become known and, in any case, at least twe seven business days
prior to the opening of the bid. Such protest must be made in writing to the city
manager or his or her designee, and such protest shall state the particular
grounds on which it is based and shall include all pertinent documents and
evidence. No bid protest shall be accepted unless it complies with the
requirements of this section. Failure to timely protest bid specifications,
requirements and/or terms is a waiver of the ability to protest the specifications,
requirements and/or terms.
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(2) Any protest after the bid opening, including challenges to actions of any
evaluation or selection committee as provided in subsection (a) above shall be
submitted in writing to the city manager, or his or her designee. The city will allow
such bid protest to be submitted anytime until two business days following the
release of the notice of the city manager's written recommendation to the city
commission, as sa�Q a is let forth and released in♦he ty Gen; iccinn agenda
packet, for award of the bid in question. Such protest shall state the particular
grounds on which it is based and shall include all pertinent grounds on which it is
based, and shall include all pertinent documents and evidence. No bid protest
shall be accepted unless it complies with the requirements of this section. All
actual bidders shall be notified in writing (which may be transmitted by electronic
communication, such as facsimile transmission and/or e-mail), following the
release of the city manager's written recommendation to the city commission.
the PFOGUFemeRt PFOGess, up to the time of the awaFd of the PUFGhase 9FdeF of GE)RtFaG
deGGFibed here a n bUt Ret afteF 6UGh time. SUGh pretest shall be made iR WFitiRg aPA
state the par-ti nrn,,nrls OR r s based and shall innl, de all pertinent
reo,,irements of this sen+inn
SECTION 2. That Division 4 of Article VI of Chapter 2 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE VI. PROCUREMENT
DIVISION 4. PURCHASES
Sec. 2-395. Open market procedures.
All purchasing of supplies and contractual services of a total estimated value not
exceeding the amount established in this Article for formal bids may
be made in the open market without newspaper advertisement and without observing
the procedure prescribed by this article for formal purchasing or sales procedures.
(1) Minimum number ofbids ug otes. All open market procedures or sales shall,
whenever possible, be based on at least three competitive bids and shall be
awarded to the lowest responsible bidder in accordance with the standards set
forth in this article or to the highest responsible bidder in case of a sale.
(2) Invitation of to,bids quote. The procurement director may solicit either oral or
written b4s ug otes for open market pricing or sale but shall use a# reasonably
available and current bidders and supply lists.
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(3) Public record. The procurement director shall keep a record of all open market
bids submitted in competition thereon, and such records shall be open to public
inspection.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the a7 day of E21 014.
PASSED AND ADOPTED this y of ;S Ple bee, 2014.
ATTEST:
INCORF ORATED: �� I
IP LEWN YOR
RA AEL E. GRANADO, CITY CLE �;�
Underscore denotes additions
denotes deletions
Double Underscore denotes new language between first and second reading
Mn, wih
denotes stricken language between first and second reading
(Sponsored by Commissioner Deede Weithorn)
APPROVED AS TO
FORM & LANGUAGE
& FO EXECUTION
City Attorney� Date
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COMMISSION ITEM SUMMARY
Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE VI ENTITLED "PROCUREMENT," BY AMENDING
DIVISION 3, ENTITLED "CONTRACT PROCEDURES," BY AMENDING SECTION 2-366, ENTITLED
"GENERALLY,"AND SECTION 2-367,ENTITLED"REJECTION OF BIDS;NEGOTIATION;WAIVER OF
COMPETITIVE BIDDING"AND SECTION 2-369,ENTITLED"AWARD OF CONTRACT,"AND SECTION
2-370, ENTITLED"AWARD OF CONTRACT TO OTHER THAN LOW BIDDER," BY INCREASING THE
THRESHOLD FOR FORMAL BIDS AND THE CITY MANAGER'S AUTHORITY TO AWARD A
CONTRACT FROM$25,000 TO$50,000,AS WELL AS PARTICIPATE IN COOPERATIVE PURCHASES;
BY FURTHER AMENDING SECTION 2-371,ENTITLED"AUTHORITY TO RESOLVE PROTESTED BIDS
AND AWARDS," BY AMENDING THE PROCEDURE FOR PROTESTED BIDS AND PROPOSED
AWARDS; BY AMENDING DIVISION 4, ENTITLED "PURCHASES," BY AMENDING SECTION 2-395,
ENTITLED "OPEN MARKET PROCEDURES," BY INCREASING THE THRESHOLD FOR OPEN
MARKET PURCHASES FROM$25,000 TO$50,000 AND AMENDING TERMINOLOGY THEREIN,AND
FURTHER PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE
SECOND READING).
Key Intended Outcome Supported:
Streamline the delivery of service through all departments. Strengthen internal controls to assure more
accountability.
Supporting Data (Surveys, Environmental Scan, etc: N/A
Item Summa /Recommendation:
In June, 2013, the Administration retained the services of the National Institute of Governmental
Procurement ("NIGP") to review the Code of the City of Miami Beach, with reference to the City's
procurement requirements.
On July 17, 2013, the City Commission approved a referral to the Finance City-Wide Projects Committee
(Committee) for a discussion on the review and recommendations for improving the City's Procurement
Code conducted by NIGP.At its February 21,2014, meeting,the Committee considered recommendations
to the City's Procurement Code presented by the Administration,which included the results of the review of
the Procurement Code completed by the NIGP, as well as other recommendations by the Administration.
The Committee recommended that the Mayor and City Commission authorize the Administration to prepare
revisions to the City's Procurement Code, pursuant to the Recommendations considered by the Committee.
On April 23, 2014, the Mayor and City Commission approved the recommendations of the Committee and
directed the Administration to prepare the ordinance revisions, as necessary to implement the
recommendations of the Finance City-Wide Projects Committee. The purpose of this item is to seek
approval (second reading) of the referenced ordinance revisions to the City's Procurement Code. The
second reading version of the Ordinance includes the indexing of the threshold established for formal bids as
requested by the City Commission.
RECOMMENDATION
Approve the ordinance.
Advisory Board Recommendation:
At its February 21, 2014, the Finance and City-Wide Projects Committee approved the recommendation.
Financial Information:
Source of Amount Account
Funds: 1 N/A N/A
2
OBPI Total
Financial Impact Summary.
City Clerk's Office Legislative Tracking:
Alex Denis, Extension 6641
Sign-Offs:
De artm t Director Assistant City Manager City n r
AD MT J LM
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AdEML Arn
AGENDA ITEM �s
W.11111ma /0 1 _
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Member of the Cit Commission
FROM: Jimmy L. Morales, City Manage
DATE: September 17, 2014
SUBJECT: AN ORDINANCE OF THE MA R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI
ENTITLED "PROCUREMENT," BY AMENDING DIVISION 3, ENTITLED
"CONTRACT PROCEDURES," BY AMENDING SECTION 2-366, ENTITLED
"GENERALLY," AND SECTION 2-367, ENTITLED "REJECTION OF BIDS;
NEGOTIATION; WAIVER OF COMPETITIVE BIDDING" AND SECTION 2-369,
ENTITLED "AWARD OF CONTRACT," AND SECTION 2-370, ENTITLED
"AWARD OF CONTRACT TO OTHER THAN LOW BIDDER," BY INCREASING
THE THRESHOLD FOR FORMAL BIDS AND THE CITY MANAGER'S
AUTHORITY TO AWARD A CONTRACT FROM $25,000 TO $5090009 AS WELL
AS PARTICIPATE IN COOPERATIVE PURCHASES; BY FURTHER AMENDING
SECTION 2-371, ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND
AWARDS," BY AMENDING THE PROCEDURE FOR PROTESTED BIDS AND
PROPOSED AWARDS; BY AMENDING DIVISION 4, ENTITLED "PURCHASES,"
BY AMENDING SECTION 2-395, ENTITLED "OPEN MARKET PROCEDURES,"
BY INCREASING THE THRESHOLD FOR OPEN MARKET PURCHASES FROM
$25,000 TO $50,000 AND AMENDING TERMINOLOGY THEREIN, AND FURTHER
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE (SECOND READING).
BACKGROUND
In June, 2013, the Administration retained the services of the National Institute of
Governmental Procurement ("NIGP") to review the Code of the City of Miami Beach, with
reference to the City's procurement requirements.
On July 17, 2013, the City Commission approved a referral to the Finance City-Wide Projects
Committee (Committee) for a discussion on the review and recommendations for improving
the City's Procurement Code conducted by NIGP. At its February 21, 2014, meeting, the
Committee considered recommendations to the City's Procurement Code presented by the
Administration, which included the results of the review of the Procurement Code completed
by the NIGP, as well as other recommendations by the Administration. The Committee
recommended that the Mayor and City Commission authorize the Administration to prepare
revisions to the City's Procurement Code, pursuant to the Recommendations considered by
the Committee.
Commission Memorandum—Procurement Code Ordinance Revisions
September 10, 2014
Page 2
CONCLUSION
On April 23, 2014, the Mayor and City Commission approved the recommendations of the
Committee and directed the Administration to prepare the ordinance revisions, as necessary to
implement the recommendations of the Finance City-Wide Projects Committee. The purpose
of this item is to seek approval (second reading) of the referenced ordinance revisions to the
City's Procurement Code. The second reading version of the Ordinance includes the indexing
of the threshold established for formal bids as requested by the City Commission.
RECOMMENDATION
Approve the ordinance.
J LM / MT/AD
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NE THURSDAY,SEPTEMBER 4,2014 i 7NE
A/dAMIBEACH.
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING'
NOTICE IS HEREBY:given that a Public Hearing
will be held by the Mayor and City.Commission of
the City of Miami Beach,_Florida,in the Commission
Chambers; 3rd floor, City Hall, 1700 Convention
Center Drive;Miami Beach,Florida,on Wednesday,
September 17,.2014,to consider the following:
5:30 p.m.
An Ordinance Of The.Mayor And City Commission Of
The.CityOf Miami Beach,Florida,Amending Chapter
2 Of The Code Of The City Of Miami Beach, Entitled
"Administration," By Amending Article VI Entitled
"Procurement," By Amending Division 3, Entitled
"Contract Procedures" By Amending Division 4,
Entitled "Purchases, By.Amending Section 2-366,
Entitled "Generally," By Amending Section 2-367,
Entitled "Rejection Of Bids; Negotiation; Waiver Of
Competitive Bidding," By Amending Section 2-369,.
Entitled"Award Of.Contract,"By Amending Section
2-370, Entitled "Award Of Contract To Other Than
Low Bidder," By Amending Section 2-371 Entitled
"Authority To Resolve Protested Bids And Awards;"
By Amending Section 2-395, Entitled"Open Market
Procedures"; Providing For Repealer, Severability,
Codification, And An Effective Date. lnquirres may
be .directed to the Procurement Department at
305.673.7490.
Interested parties are invited to appear at this
meeting, or be represented by an agent, or to.
express their views in whiting addressed to the City
Commission, c/o the City Clerk, 1700 Convention
Center Drive 1 at Floor,City Hall,Miami Beach,:Florida
33139. Copies of this item is available for public
inspection during normal business hours in the City
Clerk's Office, 1.700 Convention Center Drive, 151
Floor, City Hall, Miami Beach, Florida 33139. This
meeting,or any item therein,may be continued,and
under such circumstances,.additional legal notice.
need not be provided.
Pursuant to Section 286.01.05, Fla: Stat., the City
hereby advises the public that if a person decides to
appeal any decision made by the City Commission
with respect to any.matter considered at.its meeting
or its hearing, such person must ensure that a
verbatim record of the proceedings is made, which
record.includes.the testimony and evidence upon
which the appeal is to be based.This notice does not
constitute consent by the.City for the introduction
or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges, or
appeals not otherwise allowed by law.
To request,this material in accessible format, sign
language interpreters, information on access for
persons with disabilities and/or any accommodation
to review any document or participate in any City-
sponsored proceeding, please contact us five days
in.advance_at.305.673.7411(voice)or TTY users may
also call the Florida Relay Service at 711.
Rafael E. Granado,City Clerk
932 City of Miami Beach
Last user:cd
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