Ordinance 2001-3290 ORDINANCE NO. 2001-3290
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CITY
MANAGER'S AUTHORITY TO AWARD CONTRACTS FROM $10,000
TO $25,000, AND THE PROCUREMENT DIRECTOR'S AUTHORITY
FROM $5,000 TO $10,000,BY AMENDING CHAPTER 2 OF THE CODE
OF THE CITY OF MIAMI BEACH ENTTLED "ADMINISTRATION",BY
AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT",
BY AMENDING DIVISION 3 ENTITLED "CONTRACT PROCEDURES",
AND DIVISION 4 ENTITLED "PURCHASES", BY AMENDING
SECTIONS 2-366, 2-367, 2-369, 2-370, 2-395, AND 2-396; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS,on January 10, 2001,the Mayor and City Commission approved on first
reading, an ordinance which amended the City Manager's authority to award contracts from
$10,000 to $25,000; and
WHEREAS,on January 10, 2001, the Mayor and City Commission approved on first
reading, an ordinance which amended the Procurement Director's authority from$5,000 to
$10,000; and
WHEREAS, Section 287.057, Florida Statutes, entitled Procurement of commodities or
contractual services, requires that all contracts for the purchase of commodities or contractual
services in excess $25,000, be awarded by competitive sealed bidding; and
WHEREAS, many other State of Florida municipalities have recognized that it is in their
best interest to increase their competitive sealed bidding threshold to the maximum allowable by
statute-- $25,000, in order to expedite the purchase of needed goods and services; and
WHEREAS,the Mayor and City Commission are desirous of ensuring that the needed goods
and services are obtained in an efficient and effective manner; and
WHEREAS, the proposed increased of the City Manager's authority to $25,000, will
expedite the purchase of goods and services by eliminating the formal invitation to bid
requirements; and
WHEREAS,the proposed increased of the City Manager's authority to $25,000,will also
save administrative and operational costs by utilizing a simplified purchasing procedures; and
WHEREAS,the basic tenet of public procurement of ensuring competition will remain in
tact by requiring at least three competitive bids one of which must be from a State of Florida or
Miami-Dade County certified minority/women business enterprise.
services exceed$10,000.00 25,000.00.
(b) Head of department. In case of actual emergency, and with the prior consent of the
procurement director,and the prior approval of the city manager,the head of any using agency may
purchase directly any supplies whose immediate procurement is essential to prevent delays in the
work of the using agency that may vitally affect the life,health or convenience of citizens. The head
of such using agency shall send to the procurement director a requisition and a copy of the delivery
record, together with a full written report of the circumstances of the emergency.
(Code 1964, § 31A-21)
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word"ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason,
held invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity or constitutionality of the
remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this_ 31st day of January , 2001.
Mayor
APPROVED AS TO
ATTEST: FORM&LANGUAGE
kv"W/1/r PkiLliCti &FOR EXECUTION
City Clerk
Letters or numbers that are stricken through are deletions from existin i dinance.
Letters or numbers that are underlined are additions to existing ordinance.
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NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1: That Article VI of Chapter 2 of the Miami Beach City Code is hereby amended as
follows:
ARTICLE VI. PROCUREMENT
DIVISION 3. CONTRACT PROCEDURES
Sec. 2-366. Generally.
(a) Bids required. All supplies and equipment, except as otherwise provided in this division,
when the estimated cost thereof shall exceed $ 0,000.00 25,000.00, shall be purchased by
formal, written contract and/or purchase order from the lowest and best responsible bidder, after
due notice inviting proposals; however,the city commission shall have authority to waive
execution of formal contract in cases where it deems it advisable to do so. All sales of personal
property (except trade-in personal property)which has become obsolete and unusable, when the
estimated value shall exceed $44400.00 25,000.00, shall be accomplished by formal written
contract to the highest bidder, after due notice inviting proposals has been published as required
by law.
(b) Notice inviting bids.
(1) Newspaper.Notice inviting bids shall be published once in at least one official newspaper
having general distribution in the city and at least five working days preceding the last day set for
the receipt of proposals.
(2) Scope of notice. The newspaper notice required in subsection(b)(1) of this section shall
include a general description of the articles to be purchased or sold and shall state where bid
blanks and specifications may be secured and the time and place for opening bids.
(3) Bidders' list. The procurement director shall also solicit sealed bids from all responsible
prospective suppliers who have requested their names to be added to a bidders' list the
procurement director shall maintain, by sending them a copy of such newspaper notices or such
other notice as will acquaint them with the proposed purchase or sale. In any case, invitations
sent to the vendors on the bidders' list shall be limited to commodities that are similar in
character and ordinarily handled by the trade group to which the invitations are sent.
(c) Bid deposits. When deemed necessary by the procurement director, bid deposits shall be
prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of
surety where the procurement director has required such. A successful bidder shall forfeit any
surety required by the procurement director upon failure on his part to enter a contract within 30
days after the award.
(d) Submission and opening of bids.
(1) Sealed bids. Bids shall be submitted sealed to the procurement director and shall be
identified as bids on the outside of the envelope.
(2) Opening. Bids shall be opened in public at the time and place stated in the public notices
or to a publicly announced continued time certain for such lawful reason approved by the city
attorney, and shall be witnessed and certified.
(3) Tabulation. A tabulation of all bids received shall be made and shall be available for
public inspection.
(Code 1964, § 31A-9)
Sec. 2-367. Rejection of bids; negotiation; waiver of competitive bidding.
(a) If a bid is $407000.00 25,000.00 or less, the city manager shall have the authority to reject
any and all bids. If the bid is in excess of$4-03-00€600 25,000.00, 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 procurement director, with approval of the city manager, for contracts of$10,000,00
25,000 dollars or less, or the city commission, by simple majority vote, for contracts in excess of
$44400.00 25,000.00, 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 goods 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 using agency shall submit justification in writing, together with
all supporting documentation, to the procurement director, stating that the proposed supplier is
the only source of supply of the desired goods and/or services, and that there is no other supplier
or authorized repair/service center (as applicable). The supporting documentation shall include a
written quotation with terms and conditions of sale. In addition, the using agency 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 purposes of this article, trademarks alone, and
commodity type products, lacking differentiating 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 $5,000,000.00. If 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. If 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.
(Code 1964, § 31A-10; Ord. No. 96-3065, § 1, 12-18-96)
Sec. 2-369. Award of contract.
All contracts, when the sum is $5,000.00 10,000.00 or less, shall be awarded by the procurement
director to the lowest and best bidder. All contracts, when the sum is in excess of$5,000.00
10,000.00 and not exceeding $10,000.00 25,000.00 shall be awarded by the city manager, or his
designee, to the lowest and best bidder. When the amount of a contract is in excess of$40,000.00
25,000.00,the city commission shall award the contract to the lowest and best bidder, or may
delegate to the city manager the power to award such contract to the lowest and best bidder;
however, the purchase of commodities, materials, supplies or other items on a continuing basis
from Metropolitan Dade County or state or federal general services administration bid list may be
approved by the city manager without any action by the city commission, even though the total
cost of such commodities, materials, supplies or other items may exceed $19,0000 25,000.00
over a one-year period. In determining the lowest and best bidder, in addition to price, there shall
be considered the following:
(1) The ability, capacity and skill of the bidder to perform the contract.
(2) Whether the bidder can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation,judgment, experience and efficiency of the bidder.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the bidder with laws and ordinances relating to
the contract.
(Code 1964, §§ 31A-12, 31A-19)
Sec. 2-370. Award of contract to other than low bidder.
(a) When a contract award is not given to the lowest bidder, a full and complete statement of
the reasons for placing the order elsewhere shall be prepared by the procurement director,
included in the minutes typed on the tabulation sheet, which must be signed by the procurement
director and filed with the other papers relating to the transaction.
(b) Award of all tie bids of$5,000.00 10,000.00 value or less shall be made by the
procurement director. All tie bids in excess of$5,000.00 10,000.00 but not exceeding $10,000.00
25,000.00 shall be awarded by the city manager or his designee.
(Code 1964, §§ 31A-13, 31A-19)
DIVISION 4. PURCHASES
Sec. 2-395. Open market procedures.
All purchasing of supplies and contractual services of a total estimated value not exceeding
$49,000.00 25,000.00 may be made in the open market without newspaper advertisement and
without observing the procedure prescribed by this article for formal purchasing or sales
procedures.
(1) Minimum number of bids. All open market procedures or sales shall, whenever possible,
be based on at least three competitive bids and shall be awarded to the lowest responsible bidder
in accordance with the standards set forth in this article or to the highest responsible bidder in
case of a sale.
(2) Invitation of bids. The procurement director may solicit either oral or written bids for
open market pricing or sale but shall use all reasonably available and current bidders and supply
lists.
(3) Public record. The procurement director shall keep a record of all open market bids
submitted in competition thereon, and such records shall be open to public inspection.
(Code 1964, § 31A-20)
Sec. 2-396. Emergency purchases.
(a) City manager. In case of an apparent emergency requiring immediate purchase of supplies
or contractual service, the city manager shall be empowered to authorize the procurement
director to secure by open market procedure at the lowest obtainable price, any supplies or
contractual services not exceeding $4-0,000.00 25,000.00. The city manager has the authority to
act in the case of an emergency that might affect the health, safety and welfare of the city. Such
action shall be reported at the next regular meeting of the city commission when supplies or
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of
the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on Wednesday, January 31, 2001, at the times
listed below, to consider the adoption of the following ordinances:
at 11:00 a.m. :
AN ORDINANCE AMEING THE CITY MANAGER'S AUTHORITY TO AWARD CONTRACTS FROM $10, 000 TO $25, 000,
AND THE PROCUREMENT DIRECTOR'S AUTHORITY FROM $5, 000 TO $10, 000, BY AMENDING CHAPTER 2 OF THE
CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION" , BY AMENDING ARTICLE VI THEREOF
ENTITLED "PROCUREMENT", BY AMENDING DIVISION 3 ENTITLED "CONTRACT PROCEDURES" , AND DIVISION
4 ENTITLED "PURCHASES" , BY AMENDING SECTIONS 2-366, 2-367, 2-369, 2-370, 2-395 AND 2-396.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
at 11:15 a.m. :
AN ORDINANCE AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE ENTITLED "TRAFFIC AND VEHICLES"
BY AMENDING ARTICLE II THEREOF ENTITLED "METERED PARKING" BY AMENDING DIVISION I ENTITLED
"GENERALLY", BY AMENDING SECTION 106-55 TO PROVIDE FOR PARKING RATE "EXCEPTIONS" FOR SPECIAL
EVENT PARKING, PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Parking Department at (305) 673-7505.
at 5:01 p.m. :
AN ORDINANCE AMENDING CHAPTER 142 OF THE MIAMI BEACH CITY CODE ENTITLED "ZONING DISTRICTS AND
REGULATIONS" BY AMENDING SECTION 142-1161 THEREOF ENTITLED "HEIGHT REGULATION EXCEPTIONS" BY
MODIFYING THE PROHIBITION OF ROOFTOP ADDITIONS OF MORE THAN ONE STORY IN THE COLLINS
WATERFRONT HISTORIC DISTRICT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, c/o the City Clerk,
1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of
this ordinance are available for public inspection during normal business hours in the City
Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. This meeting may be continued and under such circumstances additional legal notice
would not be provided.
Robert E. Percher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat. , the City hereby advises the public that: if a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's office no
later than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800)
955-8770 (VOICE) , for assistance.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 5e2-01
TO: Mayor Neisen O. Kasdin and DATE: January 31,2001
Members of the City Commission
FROM: Jorge M. Gonzalez SECOND READING—PUBLIC HEARING
City Manager e?C'
SUBJECT: AN ORDINANCEHE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CITY
MANAGER'S AUTHORITY TO AWARD CONTRACTS FROM$10,000
TO $25,000, AND THE PROCUREMENT DIRECTOR'S AUTHORITY
FROM$5,000 TO $10,000,BY AMENDING CHAPTER 2 OF THE CODE
OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION",
BY AMENDING ARTICLE VI THEREOF ENTITLED
"PROCUREMENT", BY AMENDING DIVISION 3 ENTITLED
"CONTRACT PROCEDURES", AND DIVISION 4 ENTITLED
"PURCHASES" BY AMENDING SECTIONS 2-366,2-367,2-369,2-370,2-
395, AND 2-396; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the proposed amending Ordinance upon second reading and public hearing.
FISCAL IMPACT
There is a potential cost avoidance of$10,000, based on a reduction of formal bids, Request for
Proposals (RFPs), and Request for Qualifications(RFQs) issued on an annual basis from 160 to
an estimated 130. The annual cost avoidance calculated is as follows:
*Estimated cost to advertise each solicitation $120
**Estimated cost associated with issuance of each solicitation $213
Total estimated cost per solicitation $333
*The average cost consists of advertising in the Daily Business Review. Some solicitations are
advertised in other print media, which are not included in this average cost.
**Postage, mailing, and staff time (i.e. pre-bid meetings, committee meetings, and commission
memos).
AGENDA ITEM R5 C
DATE 1-31-0
ANALYSIS
I
The Mayor and City Commission at its January 10, 2001 meeting, approved an ordinance on first
reading, which amends the City Manager's authority to award contracts from $10,000 to $25,000,
and the Procurement Director's authority from$5,000 to$10,000,by amending Chapter 2 of the City
Code of the City of Miami Beach entitled "administration", by amending Article VI thereof entitled
"procurement", by amending Division 3 entitled "contract procedures", and Division 4 entitled
"purchases", by amending Sections 2-366, 2-367, 2-369, 2-370, 2-395, and 2-396.
The City Manager will ensure that the necessary safeguards and guidelines are in place to ensure that
the purchasing process will create a competitive environment. Upon approval of this ordinance,the
guidelines will be submitted to the Mayor and Members of the City Commission via Letter to
Commission (LTC).
Section 287.057, Florida Statutes, entitled Procurement of commodities or contractual services,
requires that all contracts for the purchase of commodities or contractual services in excess of •
$25,000, be awarded by competitive sealed bidding. Many municipalities have determined that it
is in their best interest to increase their competitive sealed bidding threshold to the maximum
allowable by statute which is $25,000, in order to expedite the purchase of needed goods and
services. The following is a list of State of Florida municipalities that have authorized their City
Manager to award contracts up to $25,000:
Clearwater, Coconut Creek, Fort Myers, Gainesville, Hollywood, Kissimee, Orlando, Saint
Petersburg, and West Palm Beach.
Additionally, the following is a list of local governmental agencies and their various bidding
thresholds:
City Bid Threshold
Miami-Dade County $500,000.00
Coral Gables $7,500.00
Hialeah $10,000.00
Hollywood $25,000.00
Miami $4,500.00
The City Manager's current authority to award contracts up to $10,000 has not been amended since
1964. The net present value of $10,000 in 1964 when compared to today's dollar is worth
$55,801.28.
The proposed increase of the City Manager's authority to $25,000, is intended to: (1) expedite the
purchase of goods and services by eliminating the formal invitation to bid requirements; and(2) save
administrative costs by utilizing a simplified purchasing procedure of obtaining three competitive
bids. As part of this increased authority,the administration will also develop guidelines which will
serve to ensure that certified minority/women business enterprises are included in bid solicitation
whenever possible.
I
CONCLUSION
The new bid threshold of $25,000, will eliminate approximately 30 formal invitation to bid
processes,and reduce the number of commission memorandums relative to the issuance of purchase
orders or standing orders utilizing contracts awarded by other governmental agencies by at least 200
on an annual basis. Thus allowing the Procurement Division staff to spend more time on the high
dollar valued bids. Additionally, utilizing an open-market purchasing strategy versus a formal
invitation to bid for small dollar-value purchases (i.e. less than $25,000) will minimize the
administrative costs. The City Commission should approve the ordinance upon second reading and
conclusion of public hearing so that the City Manager's authority to award contracts is increased
from$10,000 to $25,000.
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