96-3065 ORD
ORDINANCE NO. 96-10fi,)
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING MIAMI BEACH CITY CODE CHAPTER 31A,
ENTITLED "PURCHASING," AMENDING SECTION 31A-I0,
TO ESTABLISH A DEFINITION AND FORMAL
PROCEDURES WITH REGARD TO SOLE SOURCE
PURCHASES; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SUBSECTION 31A-I0.
That Subsection 31A-I0 of Miami Beach City Code Chapter 31A, entitled "Purchasing,"
is hereby amended as follows:
SEe. 31A-I0. REJECTION OF BIDS; NEGOTIATION; WAIVER OF COMPETITIVE
BIDDING
(a) If the bid is ten thousand dollars or less, the city manager shall have the
authority to reject any and all bids. If the bid is in excess often thousand dollars, the
city commission shall have the authority to reject any and all bids.
(b) If the lowest and best bid exceeds the budgeted amount and the city
commission does not make additional funds available, the appropriate authority
designated in subsection (a) shall have the power to readvertise the items for bidding
after making substantial changes in the project plans to bring the cost within the limit
of the money available.
(c) The purchasing agent, with approval of the city manager, for contracts often
thousand dollars or less, or the commission, by simple majority vote of the city
commission, for contracts in excess of ten thousand dollars, shall have the power to
negotiate those contracts and purchases where only one bid response is received
and/or where only one source for the product or service is evident.
A sole source purchase shall be defined as ~oods 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 usin~ a~ency shall submit
iustification in writing. to~ether with all supJ>orting documentation. to the purchasing
agent. statin~ that the proposed supplier is the only source of supply of the desired
~ood(s) and/or service(s). and that there is no other supplier or authorized
repair/service center (as applicable). The su'pportin~ documentation shall include a
written quotation with terms and conditions of sale. In addition. the usin~ a~ency
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 pru:poses of this
cha.pter. trademarks alone. and commodity type products. lackin~ differentiatin~
characteristics from similar products. shall not be considered for sole source
purchases.
(d) If the lowest and best bid exceeds the budgeted amount allocated towards the
construction cost of the work which has been competitively bid in major municipal
projects, the city manager or his designee with approval of the city commission shall
have the power to negotiate an agreement with the lowest and best bidder exceeding
the budgeted amount of the work. For purposes of this subsection, major municipal
projects shall mean those projects whose project costs exceed five million dollars.
In the event the city manager is unable to successfully negotiate an agreement with
the lowest and best bidder, the city manager may terminate negotiations with such
bidder and commence negotiations with the second lowest and best bidder. In the
event the city manager is unable to successfully negotiate an agreement with the
second lowest and best bidder, the city manger may terminate negotiations with the
second bidder and commence negotiations with the third lowest and best bidder.
(e) The city commission, upon written recommendation of the city manager, may
by resolution adopted by a five-sevenths vote of the city commission waive
competitive bidding when the city commission finds such waiver to be in the best
interest of the city. In the event of such a waiver the city commission may authorize
the execution of a negotiated contract. (Ord. No. 1690, ~ 1; Ord. No. 78-2131, ~ 2;
Ord. No. 78-2132, ~ 6; Ord. No. 85-2462, ~ 1; Ord. No. 85-2472, ~ 5; Ord. No. 88-
2626, ~ 1).
SECTION 2.
REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the 28 t h
day of December
,1996.
PASSED and ADOPTED this 18th day of December
,1996.
koku.& p~
ATTEST:
CITY CLERK
(Requested by Commissioner Neisen Kasdin)
RJA\F:\A TTO\AGUR\ORDNANCE'SOLESORC.PUR
APPROVED AS TO
FORM & LANGUAGE
& POR EXECUTION
First Reading - 12/4/96
Second Reading - 12/18/96
~
/ '-/11 It;/"
Date
CITY OF MIAMI BEACH
TO:
JOSE GARCIA-PEDROSA
CITY MANAGER
FROM:
NEISEN KASDIN K
COMMISSIONERV \
DATE:
NOVEMBER 25, 1996
RE:
SOLE SOURCE PURCHASING-AGENDA ITEM
Please place on this agenda the attached Ordinance for consideration. The Ordinance amends
Miami Beach City Code Chapter 31A, entitled "Purchasing," and Section 31A-I0, to establish a
definition and formal procedures with regard to sole'source purchases.
Currently, no formal procedures exist regarding sole source (no bid) purchasing. This Ordinance
will require a formal determination by the City and an industry expert that no comparable
products or services are available before purchasing on a no bid basis.
Agenda Item R 5 6
Date 12.-18-QG:,