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
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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herewith, insofar as they are in conflict, are hereby repealed.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 .
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MAYOR
ATTEST:
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CITY CLERK t-O M AVilti:OVtO
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
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