Loading...
Ordinance 85-2462 ORDINANCE NO. 85-2462 AN ORDINANCE OF THE CITY OF MIAMI BEACH AMENDING §31A-10 OF THE CODE OF THE CITY OF MIAMI BEACH BY THE ADDITION OF A NEW SUB- SECTION (d) ; PROVIDING FOR THE AUTHORIZATION TO THE CITY MANAGER OR HIS DESIGNEE TO COMPETITIVELY NEGOTIATE WITH LOWEST AND BEST BIDDER(S) EXCEEDING THE BUDGETED AMOUNT OF THE WORK BEING BID IN MAJOR MUNICIPAL PROJECTS; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVER-ABILITY; AND PROVIDING FOR PASSAGE AS AN EMERGENCY MEASURE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That §31A-10 of the Code of the City of Miami Beach is hereby amended by the addition of a new subsection to read as follows: Sec. 31A-10. Rejection of bids; negotiation. (a) If the bid is five thousand dollars or less, the city manager shall have the authority to reject any and all bids. If the bid is in excess of five 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 council 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 agent, with approval of the city manager or commission, dependent on the total expenditure involved 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) exceed (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 competitively negotiate an agreement with the lowest and best bidder (s) exceeding the budgeted amount of the OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 r work. For purposes of this subsection, major municipal projects shall mean those projects whose project costs exceed fifteen million ($15 ,000 ,000. 00) dollars. SECTION 2 . All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. SECTION 3 . If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding ' shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. This Ordinance shall take effect immediately upon its passage and adoption as an emergency measure. PASSED and ADOPTED this 6th day of February ► 1985 . .72/7 .,......--.0 MAYOR ATTEST: _---1.61./0.„e' . A.)7‘, ./7/4."--- CITY CLERK t-O M AVilti:OVtO . -!1 °, DEPT. alie C24/ ;.f.5.... RESR/jhd 2. 45A -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 • I W N 'd U• O .0 •� W cd 4) o 4) a) '0 O U) • cd cd 'd O O ccd fa. I4-4 O •r1 N Cj b.0O •H 0 0 '' b t) U •rl cU •rl 'J •rl 00 'd 00 N 3-J '0 'd Z • -0 cd rpt cd rl 4) . 4) 1-1-1 00 b0 n P m H O R 4-) .f) O• I H Qi C U 3 n 4) 'd N 0 0 Pi M at v 'C •rl 'd .0 p N 0 d) u + a i •r+ +.1 mbo rl az) 0 0 W H N +'4- 0 °U) a ) 'd CO U 0 E 4) +-) •rl p u 'd 0 G 0 U) N ° al cd 5 al