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Ordinance 88-2626 ORDINANCE NO. 88-2626 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 31A, SECTION 31A-10 OF THE MIAMI BEACH CITY CODE ENTITLED "REJECTION OF BIDS; NEGOTIATION, " BY ADDING A CLARIFICATION IN SUBSECTION (C) THAT A VOTE THEREIN SHALL BE BY "SIMPLE MAJORITY VOTE OF THE CITY COMMISSION", AND CONFORMING SAID SUBSECTION TO THE EXPENDITURE LIMITATIONS CONTAINED IN SUBSECTION (A) OF SECTION 31A; AMENDING SUBSECTION (D) BY CHANGING THE DEFINITION OF "MAJOR MUNICIPAL PROJECT" FROM PROJECT COST OF FIFTEEN MILLION TO FIVE MILLION DOLLARS DELETING THE WORD "COMPETITIVELY" AND CLARIFYING THE NEGOTIATION PROCEDURE, AND ADDING SUBSECTION (E) TO PROVIDE FOR WAIVER OF COMPETITIVE BIDDING, UPON WRITTEN RECOMMENDATION OF THE CITY MANAGER, BY A FIVE-SEVENTHS VOTE OF THE CITY COMMISSION WHEN THE COMMISSION ; FINDS IT TO BE IN THE BEST INTEREST OF THE CITY; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 31-A, Section 31-A10 of the Miami Beach City Code entitled "Rejection of bids; negotiation. " is hereby amended to read as follows: * * * Sec. 31A-10. 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 of ten 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 of ten thousand dollars or less, or the commission, by simple majority vote of the city commission, deper3defrt--(xr-the--tata�- permHA:7ue--inveived 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. (d) If the lowest and best bid(s.} exceeds(-s.} 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 eempet tiv-e}y negotiate an agreement with the lowest and best bidder-e} exceeding the budgeted amount of the work. For purposes of this subsection, major municipal projects shall mean those projects whose project costs exceed E €teen five /5) 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 manager 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. 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, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on August 6 , 1988 . PASSED AND ADOPTED this 27th day of July 1988. icfeb14-41."1""dtfhLfree.-rR ATTEST: ,)?? CITY CLERK 1st Reading - July 13, 1988 P2nd NB/lading - July 27, 1988 FORM AppROvED Dom.. 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