HomeMy WebLinkAboutBIE - Amend Procurement Procedures Waivers Bid Award Criteria 2nd Rdg (6/5/2026)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive , Miami Beach, Florida 33139 , www.miamibeac h fl.gov
TO:
FROM:
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter, City Manager
MEETING DATE: June 24, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING
DIVISION 3, ENTITLED "CONTRACT PROCEDURES," BY AMENDING
SECTION 2-367, ENTITLED "REJECTION OF BIDS; NEGOTIATION; SOLE
SOURCE PURCHASES; WAIVER OF COMPETITIVE BIDDING," TO
ESTABLISH NEW PROCEDURAL REQUIREMENTS IN CONNECTION
WITH WAIVERS OF COMPETITIVE BIDDING , AND AMEND ING SECTION
2-369, ENTITLED "AWARD OF CONTRACT," TO INCLUDE ADDITIONAL
FACTORS TO BE CONSIDERED WHEN DETERMINING THE LOWEST
AND BEST BIDDER ; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
~ Yes □ No (If no, please check one of the boxes below)
If one or more boxes are checked be low, this means the City of Miami Beach has determined that
a Business Impact Estimate for the above-referenced Ordinance is not required by State law.
□ The proposed Ordinance is required for compliance with Federal or State law or regulation ;
□ The proposed Ordinance relates to the issuance or refinancing of debt;
□ The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
□ The proposed Ordinance is required to implement a contract or an ag reement, including ,
but not limited to, any Federal , State , local , or private grant or other financ ial assistance
accepted by the City;
□ The proposed Ordinance is an emergency ordinance ;
□ The Ordinance relates to procurement ; or
□ The proposed Ordinance is enacted to implement the following :
a . Private applications for comprehensive plan amendments and la nd development
regulation amendments;
b. Development orders , development permits, and development agreements;
c . Sections 190.005 and 190 .046 , Florida Statutes , regarding community development
districts ;
d . Section 553.73, Florida Statutes , relating to the Florida Building Code; or
e . Section 633 .202 , Florida Statutes , relating to the Florida Fire Preventio n Code.
If none of the above exceptions apply, this Business Impact Es timate is hereby prov ided in
accordance with Section 166.041 (4), Florida Statutes.
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Business Impact Estimate
Page 2
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission
Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself. The
Commission Memorandum and Ordinance are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct economic
impact on private, for-profit businesses in the City of Miami Beach; that the proposed Ordinance
will have no direct compliance costs that businesses may reasonably incur; that the proposed
Ordinance will not impose any new charge or fee for which businesses will be financially
responsible; and that the proposed Ordinance will not impact the City of Miami Beach 's regulatory
costs and will not generate any revenue from new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance: The City of Miami Beach estimates that no businesses are likely to be impacted by
the proposed Ordinance, except to the extent that they generate enforcement costs for the City.
, 4. Additional comments: None .
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Ordinances -RS Y
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM : City Attorney Ricardo J. Dopico
DATE :
TITLE:
May 20, 2026 10:40 a.m. First Reading Public Hearing
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH , FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF TH E CITY
OF MIAMI BEACH , ENTITLED "ADMINISTRATION ," BY AMENDING ARTICLE VI ,
ENTITLED "PROCUREMENT," BY AMENDING DIVISION 3, ENTITLED
"CONTRACT PROCEDURES ," BY AMENDING SECTION 2-367, ENTITLED
"REJECTION OF BIDS; NEGOTIATION; SOLE SOURCE PURCHASES ; WAIV ER
OF COMPETITIVE BIDDING ," TO ESTABLISH NEW PROCEDURAL
REQUIREMENTS IN CONNECTION WITH WAIVERS OF COMPETITIVE
BIDDING , AND AMENDING SECTION 2-369 , ENTITLED "AWARD OF
CONTRACT," TO INCLUDE ADDITIONAL FACTORS TO BE CONSIDERED
WHEN DETERMINING THE LOWES T AND BEST BIDDER; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION , AND AN EFFE CTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
The attached Ordinance was prepared at the request of Commissioner Alex J. Fernandez.
The City of Miami Beach Code currentl y sets forth procedures for procurement under Chapter
2, Article VI , including requirements for competitive bidding and criteria for awarding contracts.
Section 2-367 of the City Code governs the rejection of bids , negotiation , sole source purchases,
and waivers of competitive bidding , while Section 2-369 addresses the award of contract s and
factors considered in determining the lowest and best bidder.
Following an investigation into the City's no-bid contract with Poseidon Ferry, LLC , the Office of
Inspector General ("OIG") issued a report r ecommending enhancements to the City's bid waiver
process to ensure greater transpa ren cy, accountability, and consistency.
The Mayor and City Commission find it in the City's best interest to adopt certain
recommendations from the OIG report by amending Section 2-367 and Section 2-369 of the
City Code to establish new procedural requirements for waivers of competitive bi dding , and
expand the factors considered when determining the lowest and best bidder.
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ANALYSIS
The Ordinance amends Sections 2-367 a nd 2-369 of t he City Code as follows:
1. Addition al Procedural Requ irements for Bid Waivers
o Re quires the City Manager to p rovide a written analysis addressing factors
considered in determining the lowest a nd best bidder whenever a waiver of
competitive bidding is proposed .
2. Expand ed Factors for Determining Lowest and Best Bidder
o Ad ds new consid era tions beyond price, in cluding: (i) the existence of significant
prior litig ation , governm ental investigations , or adm inistrative proceedings
involving the bi dder, and (ii ) any other inform ation the City Manager deems
relevant to assess whether the entity is a responsible contracting party.
These ad dit ions aim to ensure that vendor selection reflects not only cost but also reliabi lity,
integrity , and risk mi tigation .
FISCAL IMPACT STATEMENT
The spo nsor of this item requests that t he A dmin istration be prepared to address the fiscal
impacts of this pro posed m easure , if any, at the Comm ission meeting.
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDI NANC ES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on :
See BIE at: https://www.miamibeachfl.gov/city-hall/ci ty-clerk/meeti ng-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G .O. Bond
Project?
No
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Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-
481, includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex J. Fernandez
Co-sponsor(s)
Condensed Title
NR-10:40 a.m. 1st Rdg, Amend Procurement Procedures Waivers/Bid /Award Criteria. (AF)
CA
Previous Action (For City Clerk Use Only)
Not reached on 4/22 /2026 -R5 AA; Not reached on 3/18/2026 -R5 J ; Not reached on
2/25 /2026 -R5 V
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ORDINANCE NO . _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISS ION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE
CITY OF MIAMI BEACH , ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 3
ENTITLED "CONTRACT PROCEDURES," BY AMENDING SECTION 2-367 ,
ENTITLED "REJECTION OF BIDS ; NEGOTIATION; SOLE SOURCE
PURCHASES ; WAIVER OF COMPETITIVE BIDDING," TO ESTABLISH NEW
PROCEDURAL REQUIREMENTS IN CONNECTION WITH WAIVERS OF
COMPETITIVE BIDDING, AND AMENDING SECTION 2-369 , ENTITLED
"AWARD OF CONTRACT," TO INCLUDE ADDITIONAL FACTORS TO BE
CONSIDERED WHEN DETERMINING THE LOWEST AND BEST BIDDER; AND
PROVIDING FOR REPEALER , SEVERABILITY, CODIFICATION , AND AN
EFFECTIVE DATE .
WHEREAS, the City of Miami Beach Office of Inspector General ("OIG ") is an independent
municipal oversight agency created to investigate , review and a udit any City program , contract or
expendi tu re for the purpose of identifying fraud , waste , abuse of power, mismanagement and
ineffic iency; and
WHEREAS, the OIG issued a report fo llowing an inves tigation of the City's no-bid contract
wi th Poseidon Ferry, LLC , reviewing the process for waivers of compet itive b idd ing ; and
WHEREAS , in its report , the OIG recommends that the City strengthen its procedures for
waivers of competitive bidding by requiring additional documentation and ana lysis to ensure
transparen cy, accountability, and consistency in the bid waiver process; and
WHEREAS , the Mayor and City Commission find it in the best interest of the C ity to
implement certai n recommendations from the O IG report by estab lis hi ng new procedural
req uirements for waivers of competitive bidd ing , and by expanding the factors considered when
determining the lowest and best bidder; and
WHEREAS , thi s Ord inance stre ngthens the integ rity of the City's bid wa iver process and
ensures proper due diligence and vetting of vendors prior to the award of a contract.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH , FLORIDA, AS FOLLOWS:
SECTION 1. Secti on 2-367 of Division 3 of Article VI of Chapter 2 of the Code of t he City Miam i
Beach is hereby amended as follows :
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE VI. PROCUREMENT
* * *
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DIVISION 3. -CONTRACT PROCEDURES
* * *
Sec. 2-367. Rejection of bids; negot iati on ; sole source purchases; waiver of competitive
bidding.
(a) Except as further provided under subsections 2-367(b) and (c), generally , if a bid is equal to
or less than the amount established in this article for formal bids, the city manager shall have
the authority to reject any and all bids .
(b) Where only one responsive bid response is received, or the responsive bid(s) received
exceed(s) the budgeted amount, the city manager, without any action by the city commission ,
shall have the power to select one of the following options:
(1) Reject the bid(s) and , if he determines t hat same is in the best interest of the city, re-
advertise the item for bidding ; or
(2) Request that the city commission make additional funds available and proceed to
negotiate an agreement with the sole or lowest responsive bidder, and the awa rd of the
final negotiated contract shall be subject to the prio r approval of the city commission .
(c) Notwithstand ing subsection 2-367(b), in bids for municipal construction projects, where the
lowest and best bid exceeds the budgeted amount allocated toward the construction cost of
the project, the city manage r, without any action by the city comm is sion , shall have the power
to negotia te an agreement with the lowest and best bidder exceeding the budgeted amount
of the work. If the city manager is unable to successfully negotiate an agreement with the
lowest and best bidde r , 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 lo west and best bidder, the city
manager may terminate negotiations with the second bidder and commence negotiations
with the third lowes t and best bidder. The award of the final negotiated contract shal l be
subject to the prior approva l of the city commission .
(d) The city commission, by simple majority vote , for goods or services in excess of the amount
est ablished in this article for formal bids, shall have th e power to negotiate t hose contracts
and purchases where only one source for the product or service is evident.
( 1 ) 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 or services, and that there is no other supplier or authorized repair/service center
(as appli ca ble). The supporting documentation shall include a written quotation with
terms and conditions of sale. In add ition , the using agency shall obtain the written
determinatio n from an industry expert or consultant that the item or se rvi ce is the only
one available to fulfill the city's need.
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(2) In the al ternative to the requirements of subsection 2-367(d)(1 ), th e procurement
department may establish that an item or seNice is a sole source purchase by issuing
a public notice of the city's intent to enter a sole source contract, to permit a prospective
bidder to rebut the proposed sole sou rce determination . A co ntract may be awarded as
a so le source purchase pursuant to this section if no responses to the notice of intent
to enter into a so le source contract are received , or if th e procurement director
determines , at the procurement d irector's discretion , that no other supplier or vendor is
capable of providing the requested goods or services . For t he purposes of this article ,
and commodity type products, lacking differentiating characteristics from similar
products , shall not be considered for sole -s ource purchases , an d the fact that a good
or service is trademarked shall not alone serve as a basis for a so le source purchase.
(e ) Unless prohibited by law, the city commiss ion, upon written recommendation of the city
manager may, by resolution adopted by a five -sevenths vote of the city commission, wa ive
competitive bidding requirements for goods and services when the ci ty commission finds
such waiver to be in the best interest of the city . In the event of such a wa iver the city
commission may authorize the execution of a nego tiated contract for such goods or services .
The city commiss ion shall not waive the competitive bidd ing requ irement , and shall not award
a contract for goods or services, without first provid ing the city manager with the opportunity
to subm it an advisory written recommendation with respect t o th e proposed waiver of
competitive bidd ing . Notwithstanding the preceding , follow in g rece ipt of the city manager's
non -binding written recommendation , the city commission may waive the com petitive bidd in g
requirement if it determines the waiver is in the best interest of the city. In connection with
any waiver of competitive bidding, (A) the ci ty manager shall provide to the city commission
a written analysis addressing the factors considered in determining the lowest and best
bidder set forth in section 2-369, and (B) the item to approve the waiver shall be placed on
the regular meeting agenda .
SECTION 2. Section 2-369 of Divis ion 3 of Article VI of Chapter 2 of the Code of the City Miam i
Beach is hereby amended as follows :
CHAPTER 2
ADMINISTRATION
*
ARTICLE VI. PROCUREMENT
* * *
DIVISION 3. -CONTRACT PROCEDURES
* * *
Sec. 2-369. Award of contract.
All contracts , when the sum is equal to or less than the amount establis he d in section 2-366 of
this article for formal b ids shall be awarded by the c ity manager, o r his designee, to the lowest
and best bidder. When th e amount of a contract is in excess of the amount established by th is
article for formal bids, the cit y commission shall award the con tract to the lowest and be st bidder,
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or may delegate to the city manager the power to award such contract to the lowest and best
bidder; however, the purchase of goods and services on a continuing basis from Miami-Dade
County; from the School Board of Miam i-Dade County; from the U.S. Commun ities Government
Purchasing Alliance ; from state or federal general services administration bid lists ; or awards from
cooperative alliances or public entities that have utilized a public procuremen t process may be
approved by the city manager without any action by the city comm ission, even though the total
cost of such goods and services may exceed the amount establ ished in this article for formal bids ;
provided that prior to approval of such purchases, the city manager shall prepare, or cause to be
prepared, a written analysis, in such form and manner as shall be determ ined by the city manager,
which shall include a justification as to why it is in the city's best interest to purchase the goods
and services on a continuing bas is from the entities set forth in this section 2-369 . In determining
the lowest and best bidder, in add itio n to price, t-Aera--the following shall be considered tRe
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 , w it hout 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 comp liance by the bidder with laws and ordinances relating to the
contract.
(6) The existence of any significant prior litigation, governmental investigations or administrative
proceedings .
(7) Any other information the city manager deems relevant in determining whether the entity is a
responsible contracting party.
SECTION 3 . REPEALER.
All o rd inances or parts of ordinances in conflict herewith be and the same are hereby
repealed .
SECTION 4. SEVERABILITY.
If any section, subsection , clause or provIsIon of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. 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 .
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SECTION 6. EFFECTIVE DA TE.
This Ordinance shall take effect ten days after adoption .
PASSED and ADOPTED this ___ day of ______ , 2026 .
ATTEST:
Rafael E . Granado, City Clerk
(Sponsored by Commissioner Alex J . Fernandez)
Underline denotes additions
Strike through denotes deletions
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FO~ECUTION
:3) )-1 jzoi.to
-C-ity~""'A=o.,...r ... n-=ey-,(f§R-. -Date
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