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.
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ATTEST:
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CITY CLERK
1st Reading - July 13, 1988
P2nd
NB/lading - July 27, 1988 FORM
AppROvED
Dom..
By--
Date
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